Any of the following shall terminate the right to operate a
nonconforming use or to occupy or maintain a nonconforming structure,
except as otherwise provided in this chapter:
A. Conducting
therein a use not permitted in the zone, except as provided by Section
9.34.150, continuously for 30 days, or intermittently 30 times in
a 90-day period;
B. Substantially
increasing or enlarging the area, space or volume occupied or devoted
to such nonconforming use;
C. Increasing
or enlarging the area, space or volume of a nonconforming structure,
a portion or the entirety of which is occupied by a nonconforming
use;
D. Addition
to a nonconforming use of another use not permitted in the zone;
E. Maintaining
or allowing to be conducted therein or thereon a criminal enterprise,
such as prostitution, drug dealing or usage, trafficking in stolen
property or other such felonious activities;
F. Using
the property or structures in such a way as to unreasonably interfere
with the use and enjoyment of the adjacent property.
(2758 § 2, 2009)
A. Except
as otherwise provided in this chapter, any sign that was legally erected
and maintained, but that does not conform with the provisions of this
chapter, shall become nonconforming.
Any sign erected contrary to and not in compliance with the
laws in effect at the time of erection shall be termed illegal, and
shall be removed within 90 days subsequent to receipt of written notice.
B. Temporary
advertising devices that are not in conformance with this chapter
shall be removed within 30 days subsequent to the receipt of written
notice.
C. Any
billboard erected prior to June 18, 1956, or that was lawfully erected
and maintained between June 18, 1956, and July 1, 1971, but that does
not conform with the provisions of this chapter, shall become nonconforming,
and shall be removed on or before the expiration of the time periods
specified below.
1. Any
billboard located on any "C" zoned property shall be removed within
10 calendar years from July 1, 1971.
2. Any
billboard located on "M" zoned property shall be removed within 15
years from July 1, 1971.
3. Any
billboard located in or within 100 feet of any underground utility
district shall be removed as undergrounding occurs.
4. Any
billboard located in the community center district shall be removed
as development occurs on the parcel upon which said billboard is located.
Removal shall not commence until the City requests same, and gives
a 60-day notice to do so.
5. Any
billboard erected or maintained subsequent to June 18, 1956, that
does not have a valid permit as required by ordinance or City code,
shall be termed illegal, and shall be removed by the owner of such
billboard or the owner of the property upon which such billboard is
located, within 20 days after the date written notice is mailed to
the owner of such billboard and the owner of the property upon which
such billboard is located.
6. Any
billboard lawfully erected or maintained prior to July 1, 1971, that
does not comply with the provisions of the Outdoor Advertising Act
contained in the
Business and Professions Code of the State of California,
shall comply with all abatement provisions contained in such Act.
D. Except
as otherwise provided in this chapter, the following signs that were
erected and maintained after May 27, 1971, that do not conform with
the provisions of this chapter, shall become nonconforming, and shall
be removed or altered to conform with the provisions of this section:
1. Any
sign erected that did not comply with the ordinance and regulations
in effect at the time of its construction and erection or use. Such
signs shall be termed illegal;
2. A
sign that was lawfully erected, but whose use has ceased, or the structure
upon which the display has been abandoned by its owner for a period
of at least 90 days;
3. Any
sign whose owner seeks relocation thereof and relocates the sign;
4. Any
sign that is temporary;
5. Any
sign that is or may become a danger to the public, or is unsafe;
6. Any
sign that constitutes a traffic hazard not created by an act of the
City;
7. A
sign whose owner requests permission to remodel, excluding a change
in sign copy only, and remodels that sign, or a sign that is affected
by the construction enlargement or remodeling of a building or land
use upon which the sign is located, or a sign whose cost of construction,
enlargement or remodeling of the advertising display exceeds 50% of
the cost of reconstruction of the building;
8. Any
sign that has been more than 50% destroyed, and the destruction is
other than facial copy replacement, and the sign cannot be repaired
within 30 days of the date of its destruction.
(2758 § 2, 2009; 2837 § 4, 2014)
The nonconforming uses and structures set out in this section shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with the adoption date of the ordinance codified in Title
9, except as provided in this chapter.
(2758 § 2, 2009)
The amortization period for a nonconforming structure in a nonconforming
zone shall be measured from the date of construction, or June 18,
1956, whichever is later, and shall be as follows (excluding nonconforming
residential structures or uses):
A. Type
I. Heavy steel and/or concrete, including buildings used for:
1. Offices,
commercial buildings and hotels/ motels;
2. Theaters,
warehouses, garages, etc.;
3. Factories
and industrial buildings.
B. Type
II (Fire Resistive) and Type III. Masonry and/or concrete, including
buildings used for:
1. Offices,
commercial buildings and hotels/ motels;
2. Theaters,
warehouses and garages;
3. Factories
and industrial buildings.
C. Type
II (1-hour), II-N, IV and V. Light metal and/or wood-frame, including
buildings used for:
1. Offices,
commercial buildings, hotels/motels;
2. Factories
and industrial buildings;
3. Any
other building not herein specifically listed. In the case of uncertainty
as to the general type of construction of a structure, the building
code classification shall take precedence.
(2758 § 2, 2009)