A. 
Purpose. This Chapter provides regulations for nonconforming land uses, structures, and lots that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code or an amendment that changed applicable requirements.
B. 
Intent.
1. 
In order to limit the number and extent of nonconforming uses, structures, lots, parking, signs, and characteristics of use created by the adoption of this Zoning Code, it is the City's intent to generally allow nonconformities to continue until they are removed, but not to encourage their survival.
2. 
It is further the intent of this Chapter that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
3. 
The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are altered to conform.
4. 
This Chapter shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms with the provisions of this Zoning Code.
(Ord. 1017, 2013)
This Section provides definitions of terms used in this Chapter. Other definitions are located in Article 7 (Definitions of Terms and Uses).
Nonconforming lot.
A lot or parcel that was legally created before the effective date of this Zoning Code or amendment, and does not comply with the minimum area, depth, width, street frontage, or other applicable requirements of this Zoning Code.
Nonconforming sign.
A sign that legally existed before the effective date of this Zoning Code or amendment, and does not comply with the minimum sign regulations of this Zoning Code. See Section 20.325.160 (Nonconforming Signs).
Nonconforming site improvements.
A site improvement (e.g., access driveways, fences, landscaping, parking and loading spaces, screening, walls, etc.) that conformed to the requirements of the previous Zoning Code that lawfully existed before the effective date of this Zoning Code or amendment, and does not conform to the present requirements of the zone in which it is located.
Nonconforming structure or building.
A structure or building that lawfully existed before the effective date of this Zoning Code or amendment, and does not conform to the present requirements of the zone in which it is located (e.g., residential density or nonresidential floor area ratio; setbacks, distance between buildings, building height, building bulk, or lot coverage; open space or area per unit, etc.).
Nonconformity upon annexation.
A lot, sign, structure, or use that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Zoning Code.
Nonconforming use.
A use of land that lawfully existed before the effective date of this Zoning Code or amendment, but which is no longer allowed in the zone in which it is located (e.g., animal-keeping, outdoor storage and display, on-site or off-site sale of alcoholic beverages, etc.).
(Ord. 1017, 2013)
A. 
Zoning Code or previous Zoning Ordinance. The effective date of this Zoning Code or previous Zoning Ordinance shall determine the time of beginning for all existing nonconformities.
B. 
Zoning Map amendments. The effective date of Zoning Map amendments and related boundary adjustments shall determine the time of beginning of a nonconforming use, structure, or nonconformity with screening, performance, or parking standards.
C. 
Annexations. The effective date of an annexation shall determine the time of beginning for a nonconformity in a newly-annexed area.
(Ord. 1017, 2013)
The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Chapter.
A. 
Property owner's responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this Chapter.
B. 
City is not responsible. The City is not responsible to prove the absence of legal nonconformity.
C. 
Director's determination.
1. 
The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
2. 
The Director shall conduct an administrative hearing on the matter and provide notice of the hearing to the property owner in compliance with Chapter 20.625 (Public Hearings).
3. 
The property owner shall have the opportunity to appear before the Director and provide oral testimony justifying that the nonconformity is legal and subject to the protected status specified in this Chapter.
4. 
The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Chapter.
5. 
The Director's determination shall be in writing.
6. 
The Director's determination of legal nonconformity shall be appealable to the Commission in compliance with Chapter 20.615 (Appeals).
(Ord. 1017, 2013)
A. 
Site Plan and Design Review required. A Site Plan and Design Review shall be approved in compliance with Chapter 20.530 (Site Plan and Design Review) in the following circumstances:
1. 
Whenever a nonconforming building or structure is involuntarily damaged or destroyed and rebuilding or reconstruction is proposed; or
2. 
Whenever a person desires to enlarge, expand, alter, intensify or reconstruct a nonconforming building, structure, or use.
B. 
Post-disaster application deadline. To rebuild or reconstruct after involuntary damage or destruction, an application for Site Plan and Design Review approval shall be made within 120 days of the damage or destruction.
(Ord. 1017, 2013)
A legal nonconforming land use and the use of a legal nonconforming structure, as those terms are defined in Section 20.620.020 (Definitions), above, may be continued, including routine maintenance and repairs and transfers of ownership; provided that their continuation shall comply with the requirements of this Section. See Section 20.620.070 (Residential Exemptions), below for exceptions regarding certain residential uses and structures.
A. 
Nonconforming uses. The continuance of a legal nonconforming use shall be allowed subject to the following provisions:
1. 
Change of ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.
2. 
Additional development. Additional development of any property on which a nonconforming use exists shall require that all new uses be in compliance with the applicable provisions of this Zoning Code.
3. 
Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
4. 
Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in this Chapter.
5. 
Within single-tenant structures. A nonconforming use operating within a single-tenant structure may only be replaced by a conforming use or another nonconforming use that is the same as or similar to the previous nonconforming use, provided not more than 180 days have passed since the cessation of the previous nonconforming use, and further provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
6. 
Within multi-tenant structures. A nonconforming use operating within a multi-tenant structure may be replaced by a conforming use, a nonconforming use that is the same as or similar to the previous nonconforming use within the tenant space, provided not more than 180 days has passed since the cessation of the previous nonconforming use, or by a nonconforming use that is the same as or similar to an existing nonconforming use within the structure, and further provided the replacement nonconforming use does not create new impacts or an increase in intensity of the land use.
7. 
Adult-oriented businesses. For provisions on nonconforming adult-oriented businesses, see Chapter 20.460 (Adult-Oriented Businesses).
8. 
Massage establishments. For provisions on nonconforming massage establishments, see Section 20.400.190 (Massage Establishments).
B. 
Nonconforming structures.
1. 
Alteration. Alterations to nonconforming structures shall not increase the difference between the existing conditions and the development standards for the zone in which the structure is located, unless required by a health or safety law.
2. 
Moving or enlargement. Nonconforming structures shall not be moved or enlarged unless the new location or enlargement will conform to the current development standards for the zone in which the structure is located or unless required by a health or safety law. All nonconforming conditions existing on a site, with the exception of lot size, shall require correction prior to any room addition or modification of structures.
3. 
Ordinary maintenance and repairs. Nonconforming structures may undergo ordinary maintenance and repairs.
4. 
Reasonable accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Chapter 20.525 (Reasonable Accommodations) shall be allowed.
5. 
Building Code. Upon change of occupancy of a nonconforming structure to a more restricted classification, as defined by the Uniform Building Code, the structure shall be made to conform to all provisions of this Zoning Code.
6. 
Nonconforming structure housing conforming use - nonresidential.
a. 
A nonconforming structure housing a nonresidential conforming use may be altered, enlarged or reconstructed with an approved Site Plan and Design Review as required by Section 20.620.050 (Site Plan and Design Review Required to Enlarge, Expand, Alter, Repair or Rebuild), provided that:
i. 
The floor area is not increased over 25 percent of the total existing floor area of the building;
ii. 
The alteration, enlargement, or reconstruction does not increase any discrepancy between existing conditions and the current regulations;
iii. 
The Director determines that added safety, reduction of fire hazard, aesthetic improvement or closer conformity to surrounding conforming structures will be achieved by the alteration, enlargement, or reconstruction.
b. 
A nonconforming structure housing a nonresidential conforming use that is involuntarily damaged or destroyed (e.g., by fire, explosion, act of God, natural calamity, act of a public enemy, etc.) to the extent of:
i. 
More than 50 percent of the appraised value immediately before the damage or destruction occurs, shall be removed from the property or reconstructed in conformity with the regulations of the zone in which it is located. Appraised value shall be determined in compliance with Section 20.620.110.B.3.
ii. 
50 percent or less of the appraised value immediately before the damage or destruction occurs, may be repaired or reconstructed with an approved Site Plan and Design Review as required by 20.620.050 (Site Plan and Design Review Required to Enlarge, Expand, Alter, Repair or Rebuild). Appraised value shall be determined in compliance with Section 20.620.110.B.3..
7. 
Wireless communication facility.
a. 
Legal nonconforming wireless communication facility. Any wireless communication facility that is lawfully constructed, erected or approved before the effective date of this Chapter, or for which the application for a Use Permit is deemed complete before the effective date of this Chapter, in compliance with all applicable laws, and which facility does not conform to the requirements Chapter 20.450 (Wireless Communication Facilities) shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming wireless communication facilities shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable Federal or State laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval. Any legal nonconforming wireless communication facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval may be required to conform to the provisions of Chapter 20.450 (Wireless Communication Facilities).
b. 
Illegal nonconforming wireless communication facility. Any wireless communication facility constructed or erected before the effective date of this Chapter in violation of applicable laws, ordinances, or regulations shall be considered an illegal nonconforming wireless communication facility and shall be abated as a public nuisance in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
(Ord. 1017, 2013; Ord. 1032 § 7, 2015)
A. 
Reconstruction or replacement - single-family dwelling. An involuntarily damaged or destroyed single-family nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks) and height in compliance with current Building and Fire Code requirements.
B. 
Reconstruction or replacement - multi-family dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit(s) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.
C. 
Substantial expansion, rehabilitation, or renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a zone where residences are a nonconforming use may be allowed with Minor Site Plan and Design Review approval, in compliance with Chapter 20.550.
1. 
Substantial expansion, rehabilitation, or renovation defined. Substantial expansion, rehabilitation, or renovation occurs when at least 25 percent of the floor area of the existing residential structure is proposed to be added to the structure and/or a Building Permit for construction valued at 50 percent or more of the appraised value of the structure before expansion, rehabilitation, or renovation is requested. Appraised value shall be determined in compliance with Section 20.620.110.B.3
2. 
Protection of community and neighborhood character. The review authority shall ensure that Minor Use Permit approval for a substantial expansion, rehabilitation, or renovation shall maintain public health, safety, and welfare, and maintain the prevailing neighborhood character.
(Ord. 1017, 2013)
A. 
Legal building site - single nonconforming lot. A single nonconforming lot that does not comply with the applicable area, depth, or width, requirements of this Zoning Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:
1. 
Approved subdivision. The lot was created by a recorded subdivision;
2. 
Individual lot legally created by deed. The lot is under single ownership and was legally created by a recorded deed before the effective date of the amendment that made the lot nonconforming;
3. 
Variance or lot line adjustment. The lot was approved through the Variance procedure or resulted from a lot line adjustment; or
4. 
Partial government acquisition. The lot was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the setback area facing a public right-of-way was decreased not more than 50 percent.
5. 
The lot was created in compliance with the provisions of this Zoning Code, but was made nonconforming when a portion is required to be dedicated to the City for the development of sidewalks or streets so that the lot size is decreased not more than 20 percent and the setback area facing a public right-of-way is decreased not more than 50 percent.
6. 
Area. The lot is a minimum size of 6,500 square feet or greater and a minimum width of 65 feet or greater.
B. 
Subdivision of a nonconforming lot. No subdivision shall be approved that would increase the nonconformity of an existing lot or any nonconforming use on the lot.
C. 
Mandatory merger - two or more nonconforming contiguous lots. Nonconforming contiguous lots held by the same owner shall be involuntarily merged if one or more of the lots does not conform to the minimum lot size to allow use or development in compliance with this Zoning Code and if all of the requirements specified in Government Code Section 66451.11(b) are satisfied.
D. 
Development of nonconforming lots. Development on substandard lots shall be subject to:
1. 
Approval of a Conditional Use Permit in compliance with Chapter 20.550 (Use Permits - Minor and Conditional); and
2. 
The same setback and density requirements as a conforming lot, provided that in a residential zone one dwelling unit may be located on a nonconforming lot that meets the criteria in Paragraph A.5. above of this Section.
(Ord. 1017, 2013)
A. 
Effect of insufficient parking or loading facilities. No existing use of land or structure shall be deemed to be nonconforming solely because of the lack of off-street parking or loading facilities required by Chapter 20.320 (Off-Street Parking and Loading Standards), provided that facilities being used for off-street parking and loading as of the date of adoption of this Zoning Code shall not be reduced in number to less than that required by Chapter 20.320 (Off-Street Parking and Loading Standards).
B. 
Expansion of a use with nonconforming parking. Expansion of a use with nonconforming parking shall be subject to the following requirements:
1. 
A multi-family residential use with nonconforming parking may be expanded by adding bedrooms or additional units provided that the expansion comply with current standards contained in this chapter;
2. 
A single-family residence with nonconforming parking may be expanded by adding bedrooms provided the dwelling complies with current standards contained in Chapter 20.320 (Off-Street Parking and Loading Standards); and
3. 
A nonresidential use with nonconforming parking may be expanded less than 50 percent of the existing square footage or intensified if additional parking is provided for the expansion or intensification. Expansions of 50 percent or more of the existing square footage shall require the site to be in total compliance with the current parking standards contained in Chapter 20.320 (Off-Street Parking and Loading Standards).
C. 
Garages and carports. A garage that is nonconforming due to its location in a setback area may be rebuilt on its existing foundation if it originally was constructed legally. An addition may be made to a nonconforming garage if the addition complies with the standards of Chapter 20.320 (Off-Street Parking and Loading), or if the combined size of the foundation and any addition is no larger than 10 feet wide by 20 feet deep for single-car garages and 20 feet wide by 20 feet deep for two-car garages.
(Ord. 1017, 2013)
A. 
Absence of Use Permit or Variance. A use, structure, or lot lawfully existing without the approval of a Conditional Use Permit, Minor Use Permit, or Variance that would be required by this Zoning Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).
B. 
Previous Use Permit or Variance in effect. A use, structure, or lot, which was authorized by a Conditional Use Permit, Minor Use Permit, or Variance but is not allowed by this Zoning Code in its current location, may continue, but only in compliance with the original Conditional Use Permit, Minor Use Permit, or Variance conditions of approval.
(Ord. 1017, 2013)
A. 
Termination by discontinuance.
1. 
Nonconforming use. If a nonconforming use is discontinued for a continuous period of 180 or more consecutive calendar days, the use shall lose its legal nonconforming status, and the continued use of the property shall be required to be in compliance with the applicable provisions of this Zoning Code.
2. 
Nonconforming structure. If the use of a nonconforming structure is ceased or discontinued for a continuous period of 180 or more consecutive days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Zoning Code.
3. 
Cessation or discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following apply:
a. 
Cessation or discontinuance of a nonconforming use shall be deemed as an abandonment of the use, irrespective of the owner's or occupant's intent.
b. 
Discontinuance shall include cessation of a use regardless of intent to resume the use.
c. 
The intent of the owner to cease or discontinue use is apparent, as determined by the Director.
d. 
Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 or more consecutive days.
e. 
Where there are no business receipts or utility payments available for the 180-day period.
4. 
Nonconforming dwelling units. This Section shall not apply to nonconforming dwelling units. Whenever a nonconforming dwelling unit outside a residential zone has been abandoned, discontinued, or changed to a conforming use for 12 months or more, the nonconforming use shall not be reestablished, and the structure or site shall only be used in compliance with the regulations for the zone in which it is located.
B. 
Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other act of nature; except as provided by Section 20.620.070 (Residential Exemptions), above, and except as follows:
1. 
50 percent or less. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 180 days following the date of damage and is diligently pursued to completion. Appraised value shall be determined in compliance with Subparagraph 3, below.
2. 
Exceeds 50 percent. If the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the appraised value of the structure immediately before the damage, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full compliance with the applicable regulations for the zone in which it is located and the nonconforming use shall not be resumed. Appraised value shall be determined in compliance with Subparagraph 3, below.
3. 
Appraised and estimated values. All appraised values referred to in this Section shall be determined by a State-licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this Section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
C. 
Timing of termination. The nonconforming status shall terminate in compliance with the following:
1. 
A nonconforming use and/or structure may continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of the nonconforming structure, cessation or discontinuance of the nonconforming use, damage in compliance with Subsection B. (Termination by destruction), above, or the use has been determined to be a nuisance by the Council.
2. 
The nonconforming use and/or structure shall be deemed terminated on the first happening of either one of the events or situations identified in Subparagraph 1., above.
D. 
Physically unsafe or unlawful structures.
1. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical conditions, it may be ordered demolished or rebuilt/repaired and shall not be rebuilt, repaired, or restored except in full compliance with the applicable regulations of the zone in which it is located.
2. 
Nothing in this Chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure or part thereof declared to be unsafe by the Building Official.
E. 
Termination by operation of law. Nonconforming uses and structures shall be discontinued and removed from their sites, altered to conform, or altered as specified to decrease the degree of nonconformity, within the specified time after first become nonconforming in compliance with Table 6-1 (Amortization Schedule), below.
Table 6-1
Amortization Schedule
Type of Use, Building, or Structure
Time Period
1.
Nonconforming Signs
 
 
a.
Non-electrical signs and advertising activities listed as prohibited under Section 20.325.060 (Prohibited Signs)
60 days
 
b.
Electrical signs and advertising devices listed as prohibited under Section 20.325.060 (Prohibited Signs)
180 days
 
c.
Off-premises advertising signs not advertising business product or service supplied on the property upon which it is located and having a value less than $500
1 year
 
d.
Billboard or outdoor advertising structure having a value greater than $500 and not having been approved by a prior Conditional Use Permit or Variance
3 years
 
e.
On-premises advertising signs advertising a business, product, or service on the property on which it is located and which are nonconforming due to area, height, or other zoning regulations without a prior approved Conditional Use Permit or Variance
5 years
2.
Nonconforming Fences
2 years
3.
Outdoor Storage, Display, and Screening
3 years
4.
Mobile home or recreational vehicle park
20 years
5.
On-or off-site sale of alcoholic beverages
5 years
6.
Nonconforming structures, except nonconforming residential developments within residential zones and except as otherwise provided
5 years from the effective date of the ordinance creating the nonconformity to be amortized
 
The following additional period of time shall be added to the basic 5 years based on the type of construction:
 
a.
Type I—noncombustible, and Type II—fire resistive and 1-hour or non-fire rated buildings
50 years
 
b.
Type III—noncombustible exterior, combustible interior buildings
40 years
 
c.
Type IV—heavy timber and Type V—wood frame buildings
30 years
 
d.
Other occupancies
5 years
(Ord. 1017, 2013)