Sec. 26-176. - Continuation of legal nonconforming

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:

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