Division 2 — NONCONFORMING PARCELS

Sec. 26-174. - Continuation of nonconformities.

The following shall apply to all nonconforming parcels existing at the effective date of this Development Code Ordinance or at the effective date of any subsequently adopted ordinance or regulation, unless said

ordinance or regulation expressly provides otherwise.

(a)

Any improved nonconforming parcel may not be further developed with any additional structure. Any existing structures on a nonconforming parcel shall be considered a nonconforming structure and be subject to the provisions of this article.

(b)

Any lawfully created parcel that becomes nonconforming with regard to parcel area, street frontage, parcel width, parcel depth, or accessibility may continue indefinitely with such nonconformity and may be developed and use as if it were a conforming parcel.

(c)

Exemptions to the requirements of this section shall apply to parcels that are:

(1)

Public utility parcels so long as said parcels are directly involved in providing public utility services.

(2)

A parcel made nonconforming solely by reason of a dedication to or acquisition by the City or other governmental agency, directly or by eminent domain, for a public purpose; or

(3)

An undeveloped parcel which was lawfully created but by reason of any subsequently adopted ordinance or regulation does not allow to conform to the provisions of this code applicable to the zone in which the parcel is situated.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 3. - NONCONFORMING SIGNS

Sec. 26-175. - General.

The following provisions shall apply to all identification signs, on-site commercial or industrial advertising signs, public or quasi-public directional signs, shopping center identification signs, shopping center directory signs, temporary real estate signs and temporary portable advertising signs in public parks, schools and playgrounds:

(a)

No lawful sign existing at the time of the passage of this Development Code shall be enlarged, altered, reconstructed or replaced unless the enlarged, altered, reconstructed sign or replacement sign conforms to all the provisions of this Development Code; provided, however, reasonable repair and maintenance shall be permitted.

(b)

The foregoing provisions shall also apply to nonconforming signs in districts hereafter changed or established and any time limit for the suspension of a nonconforming sign shall date from the date of the enactment of this Development Code or any amendment of district boundaries which may make the signs nonconforming.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - NONCONFORMING STRUCTURES

Sec. 26-176. - Continuation of legal nonconforming structures.

The following shall apply to all nonconforming structures existing at the effective date of this division, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.

(a)

Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this section, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and further provided:

(1)

In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed fifty (50) percent of the cost of replacing the entire structure, as determined by subsection (d)(6) of this section, except as provided in subsections (a)(2) and (3) below.

(2)

In the event of involuntary destruction of a nonconforming residential structure as set out in subsection (a) (1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director or their designee, the following:

a.

Rebuilding will not enlarge the size of the structure nor increase the extent of non-conformance.

b.

The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and

c.

The structure was properly maintained, as required by health, safety and building codes and other titles of this Code and Development Code, immediately prior to the destruction.

d.

Plans for reconstruction shall be submitted for plan-check within one (1) year from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained and construction commenced within six (6) months of building plan-check approval.

(3)

Nonconforming residential structures located in any residential or mixed-use zone involuntarily destroyed in whole or in part shall be exempt from the provisions of this division, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.

(4)

In no case shall a nonconforming residential structure located in any residential or mixed-use zone involuntarily destroyed in whole or in part be required to comply with the development standards and other requirements of the zoning designation in which the residential or mixed-use structure is situated.

(5)

In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-family residential zone, unless the City Council shall make a subsequent determination to the contrary.

(6)

Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use.

(b)

Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subsection, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director or their designee, which do not enlarge the structure; and further provided:

(1)

The entire structure does not remain unoccupied for six (6) consecutive months or more.

(2)

In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed fifty (50) percent of the cost of replacing the entire structure, pursuance to subsection (d)(6) of this division.

(3)

Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use.

(4)

In addition to the causes of termination set out in subsections (b)(1) and (2) of this section, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure as reached the age of forty (40) years, computed from the date the structure was constructed.

(5)

Plans for reconstruction shall be submitted for plan-check within six (6) months from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within six (6) months of building plan-check approval.

(c)

Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subsection, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and provided that:

(1)

Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six (6) consecutive months.

(2)

In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds fifty (50) percent of the cost of replacing the entire structure, pursuant to division (d)(6) of this section.

(3)

Any nonconforming structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director or their designee.

(d)

General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subsection, shall include:

(1)

Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

(2)

When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two (2) or more separate buildings or structures situated on one (1) or more parcels, the nonconformity of any single building pursuant to this subsection shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subsection.

(3)

Any reconstruction, maintenance, repair or alteration authorized or permitted by this subsection to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified, nor any other changes made in the size or configuration of the structure, except as specifically provided in this subsection.

(4)

Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the total floor area or alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.

(5)

Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subsection, shall submit plans for reconstruction for plan-check within six (6) months from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within six (6) months of building plancheck approval. Otherwise, the legal nonconforming status of the structure shall be lost.

(6)

Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director or their designee, based on a current appraisal of the structure, provided at the owner's expense, by a California licensed and certified appraiser.

(7)

Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the existing use.

(8)

A nonconforming structure may be remodeled provided:

a.

There is no increase in the total size, the height or the useable floor area of the structure;

b.

There is no increase in the extent of nonconformity; and

c.

There is no new nonconformity created.

(e)

Exemptions to the requirements of this subsection shall apply to structures that are:

(1)

Public utility structures so long as said structures are directly involved in providing public utility services; or

(2)

A structure made nonconforming solely by reason of a dedication to or acquisition by the City or other government agency, directly or by eminent domain, for a public purpose.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 5. - NONCONFORMING USES

Sec. 26-177. - Continuation of legal nonconforming uses.

The following shall apply to all nonconforming uses existing at the effective date of this division or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

(a)

Any nonconforming use within and/or in conjunction with a conforming structure may be continued and maintained except as otherwise provided in this division, and further provided:

(1)

There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.

(2)

There is no addition to, nor intensification of, the nonconforming use.

(3)

There is no addition to, nor change to, any other nonconforming use.

(4)

The nonconforming use is maintained in compliance with the health and safety codes and other titles of the City code and ordinances.

(5)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(6)

A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use are satisfied. Once changed, said nonconforming use may not be reestablished.

(7)

If the structure in which the nonconforming use is situated is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(b)

Any nonconforming use within and/or in conjunction with a nonconforming structure may be continued and maintained, so long as it complies with the provisions of subsection A of this section, and as otherwise provided in this subsection, and further provided:

(1)

If the nonconforming structure in which the nonconforming use is situated in is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within one hundred twenty (120) days of completion of repair or reconstruction of the structure in which it was situated.

(2)

A nonconforming use located in a nonconforming structure may be changed to another use if:

a.

The proposed use is permitted in the zone in which the existing use is situated;

b.

The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and

c.

The parking requirements in effect at the time of the change for the proposed use are satisfied.

(3)

The change of a nonconforming use situated in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subsection, nor in any subsequently adopted ordinance or regulation.

(4)

The nonconforming use shall terminate if it is discontinued for a period of one hundred twenty (120) consecutive days or more.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 36, 37, 3-18-25)

DIVISION 6. - ABATEMENT AND EXTENSION OF NONCONFORMING USES, STRUCTURES AND PARCELS