The owner of legally created lots which do not meet current
minimum lot area or lot width, providing the owner does not own sufficient
adjoining land to permit compliance, may obtain a building permit
to construct a building which complies with applicable zoning regulations.
(Prior zoning code § 19.36.060; Ord. 2623-99 § 1)
(a)
A building legally built and occupied as a dwelling, in all zoning
districts except R-1 and R-2, which does not meet current development
standards except for lot area per dwelling unit, may be repaired,
altered, enlarged or replaced without requiring a variance provided:
(b)
A building legally built and occupied as a single-family or duplex
dwelling in the R-0, R-1 and R-2 zoning districts may be repaired,
altered, enlarged or replaced without a variance even if it does not
meet current development standards for lot area per dwelling unit,
provided all other current development standards are met and any required
permits are obtained.
(c)
A building legally built and occupied as a single-family dwelling
in a nonresidential zoning district may be repaired, altered, enlarged
or replaced without a variance provided that it complies with applicable
development standards for the R-0 district.
(d)
A building legally built and occupied as a two-family dwelling in
a nonresidential zoning district may be repaired, altered, enlarged
or replaced without a variance provided that it complies with applicable
development standards for the R-2 district.
(Prior zoning code § 19.28.005; Ord. 2623-99 § 1; Ord. 2745-04 § 1; Ord. 3211-23 § 1)
(a)
A building legally built and used for nonresidential purposes, in
any zoning district, which does not meet current development standards
may be repaired, altered, enlarged or replaced without requiring a
variance provided any repair, alteration, addition or enlargement
must comply with the latest applicable zoning standards. Any required
permits must be obtained.
(b)
If the existing building is damaged to the extent that repairs would
exceed fifty percent of the value of the build-ing, as determined
by the building official, the entire building must comply with the
latest applicable zoning standards. Any required permits must be obtained.
(c)
If the existing building is damaged by a catastrophic event to the extent that repairs would exceed fifty percent of the value of the building, as determined by the building official, a use permit may be obtained to allow reconstruction to its configuration prior to damage by the catastrophic event. An application for such a use permit to replace the nonconforming structure shall be heard by the planning commission and is subject to the procedures set forth in Chapter 19.88. The application must be submitted within six months of the catastrophic event. Failure to apply for a building permit within three months of the issuance of the use permit, or failure to begin construction within three months of the issuance of a building permit, shall be deemed to be discontinuation or abandonment of the use permit. In granting a use permit, the planning commission must take the following factors into account:
(1)
The building may be reconstructed or replaced only for occupancy
or use by a conforming use;
(2)
The nonconforming portion may be replaced or reconstructed to its
previous configuration, provided it will not create, cause, or increase
any nonconformity beyond that which existed prior to destruction;
(3)
Except as otherwise provided in this section with regard to replacement
or reconstruction of a portion of a facility to its previous nonconforming
condition, all reconstruction shall be subject to all applicable laws,
regulations, and procedures otherwise governing construction on the
site at the time the construction is undertaken;
(4)
The planning commission may impose such conditions as determined
necessary to insure compatibility with surrounding properties, including,
but not limited to, improvements or modifications to existing improvements
on the property such as landscaping, parking, etc., limitation on
nature of operations and a specified term of years for which the use
permit shall be granted.
(Prior zoning code § 19.28.007; Ord. 2623-99 § 1; Ord. 2673-01 § 4)
Nothing contained in this chapter shall be construed to prohibit alterations to a building or use made nonconforming with respect to maximum floor area ratio, or with respect to maximum floor area ratio permitted without a use permit, due to the establishment or change of a zoning district or modification of the maximum floor area ratio limitations of Chapter 19.32, provided that such building or use was lawful at the time of such change and provided that the alteration does not increase the floor area ratio or the floor area occupied by the use made nonconforming.
(Prior zoning code § 19.28.080; Ord. 2623-99 § 1)
Except as provided in Section 19.50.020, a use which was lawfully established and which becomes nonconforming, including residential uses that do not meet minimum lot area per dwelling unit requirements, may be continued so long as no enlargement of the area, space or volume occupied by such use occurs.
(Prior zoning code § 19.46.010; Ord. 2623-99 § 1; Ord. 2745-04 § 2)
A use which was lawfully established and which becomes nonconforming,
including residential uses that do not meet minimum lot area per dwelling
unit requirements, may be continued so long as no enlargement of the
area, space or volume occupied by such use occurs.
(Prior zoning code § 19.28.010; Ord. 2623-99 § 1)
Nonconforming use of a building may be changed to another type
of nonconforming use provided:
(a)
No structural alterations are made.
(b)
The new use is the same type as, or no more incompatible with the
zoning district than, the previous use.
(Prior zoning code § 19.28.020; Ord. 2623-99 § 1)
Nothing contained in this chapter shall be construed to prohibit
such additions or alterations to a building occupied by a nonconforming
use as may be reasonably necessary to comply with any lawful order
of any public authority made in the interest of the public health,
safety or general welfare.
(Prior zoning code § 19.28.070; Ord. 2623-99 § 1)
(a)
Except as otherwise provided in subsection (b), if any building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to the building would exceed fifty percent of the value of the building, then the repaired or reconstructed building shall not thereafter be occupied by a nonconforming use. If any part of a building occupied by a nonconforming use has been damaged or destroyed to the extent that the cost of repairs to that part of the building occupied by a nonconforming use would exceed fifty percent of the value of that part of the building, then the repaired or reconstructed part of the building shall not thereafter be occupied by a nonconforming use. The determination of the cost of repairs and the value of the building or part thereof shall be made by the building official.
(b)
Any nonconforming residential use that was in conformity at the time
it was constructed or added to, located in any residential or commercial
zoning district, that is damaged or destroyed may be reconstructed
within one year of such damage or destruction with the same number
of units, provided that the reconstructed portion does not enlarge
the area, space, volume or increase the nonconformity.
(c)
Any covered residential parking built within one year of damage or
destruction to replace covered parking shall not require more than
a one-for-one replacement.
(Prior zoning code § 19.28.050; Ord. 2623-99 § 1)
(a)
In the event an unenclosed nonconforming use is abandoned or is discontinued
for a period of six months or more, subsequent use of such land shall
comply with the provisions of this title.
(b)
Any building or part thereof which has been vacated by a nonconforming
use and subsequently occupied by a conforming use shall not thereafter
be occupied by a nonconforming use. In the event a nonconforming use
of any build-ing or part thereof has been abandoned or discontinued
for a period of one year or more, subsequent use of such building
or part thereof shall comply with the provisions of this title.
(Prior zoning code §§ 19.28.030, 19.28.040; Ord. 2623-99 § 1 )
Except as noted in Section 19.44.130, signs lawfully established may continue to be displayed, maintained and repaired.
(Ord. 2623-99 § 1)
As provided for in Section 19.46.050 (Parking for single-family and two-family dwellings) any conversion of a single-family residential garage for which a building permit was obtained is considered a legal nonconforming use.
(Prior zoning code § 19.48.180(g); Ord. 2623-99 § 1; Ord. 2988-12 § 17)
The nonconforming status of existing uses in the ITR are determined as set forth in Chapters 19.18 and 19.22.
(Prior zoning code § 19.20.354; Ord. 2623-99 § 1)
The nonconforming status of buildings or uses in the downtown specific plan are determined as set forth in Chapter 19.28.
(Prior zoning code § 19.30.050(c); Ord. 2623-99 § 1)
