This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the General Plan. To that end, this chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.
(Ord. 19-1 § 3)
The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this title as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.
(Ord. 19-1 § 3)
Any lawfully established use or structure that is in existence on the effective date of the ordinance codified in this title or any subsequent amendment thereto but does not comply with the standards and requirements of this title shall be considered nonconforming.
A. 
A nonconformity may result from any inconsistency with the requirements of this title including, but not limited to, use, location, density, floor area, height, setback, performance standards, or the lack of an approved Use Permit or other required authorization.
B. 
A parcel of land may be considering nonconforming if it was previously used and/or developed without required site improvements, including, but not limited to, paving, screening, landscaping, lighting, drainage, etc.
(Ord. 19-1 § 3)
Any use or structure that was lawfully established prior to the effective date of the ordinance codified in this title or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.
A. 
The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management.
B. 
The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the Planning Commission or City Council as described in this chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety or general welfare.
C. 
The right to continue a nonconforming use or re-occupy a nonconforming structure shall terminate if the nonconforming use has been abandoned or the nonconforming structure has been vacated for the relevant period described in Section 17.26.110, Abandonment of Nonconforming Uses.
(Ord. 19-1 § 3)
In conjunction with the expansion of existing buildings or the construction of new buildings on a partially developed site, nonconforming property improvements shall be brought into compliance on the following basis:
A. 
10% or greater increase in floor area:
1. 
Screening of outdoor storage areas consistent with Section 17.22.130, Screening. New fencing must observe required setbacks from the street,
2. 
Installation or existing presence of landscaping equal to five percent of the parcel area. This landscaping shall be installed along street and building frontages wherever possible;
B. 
20% or greater increase in floor area:
1. 
Installation of street canopy landscaping as described in the landscape development guidelines,
2. 
Screening and landscaping as defined in subsection A of this section;
3. 
Provision of recycling areas in accordance with Section 17.22.120, Refuse and Recycling Areas.
C. 
30% or greater increase in floor area:
1. 
Paving of existing required auto parking lot areas and installation of full parking lot canopy landscaping as described in the landscape development guidelines,
2. 
Screening and landscaping as defined in subsections A and B of this section,
3. 
Provision of recycling areas in accordance with Section 17.22.120, Refuse and Recycling Areas;
D. 
50% or greater increase in floor area:
1. 
Full compliance with all site improvement standards is required.
All additions done in a five-year period beginning after the date of adoption of the ordinance codified in this title shall be combined for the purposes of determining the need for compliance with this section;
E. 
The Director may, upon request by the property owner, consider substitution of the required landscaping on one portion of a site to another on a square foot per square foot basis where the overall change does not result in any loss of: (1) street landscaping; or (2) net square footage;
F. 
Building additions of 500 square feet or less are exempted from the provisions of this section. All additions done in a five-year period beginning after the date of adoption of the ordinance codified in this chapter shall be combined for the purposes of determining the need for compliance with this section.
(Ord. 19-1 § 3; Ord. 24-1, 1/17/2024)
Nonconforming uses shall not be expanded, modified, or substituted for another nonconforming use except as provided below.
A. 
Expansion. Nonconforming uses shall not expand in intensity and/or physical footprint.
B. 
Absence of Permit. Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining the appropriate Use Permit pursuant to the requirements in Chapter 17.38, Use Permits.
C. 
Substitutions. The Zoning Administrator may allow substitution of a nonconforming use with another nonconforming use pursuant to the following.
1. 
Limitation on Use. The allowance for a substitution is limited to the use and its operations and activities as specifically described in the approval of the substitution.
2. 
Duration. The allowance for the new nonconforming use shall expire five years from the date of approval.
3. 
Public Notice Required. Public notice pursuant to Section 17.35.060, Public Notice, shall be provided.
4. 
Public Hearing. A public hearing shall be held if requested by the applicant or other interested person(s) in writing and received by the Zoning Administrator within 10 days of the mailed notice.
5. 
Required Findings. To allow substitution of a nonconforming use with another nonconforming use, the following findings must be made:
a. 
The existing nonconforming use was legally established and has not ceased to operate, whether with the intent to abandon the use or not, for a continuous period of one year, or six months for any property fronting West Capitol Avenue or within the Central Business District;
b. 
The proposed new use will cease to operate and vacate the site no later than five years from the date of approval;
c. 
Alterations, enlargements, additions, improvements, or other changes to any building or structure do not exceed 10% of the replacement value of the building or structure;
d. 
The operation of the proposed new use will comply with the standards included in Chapter 17.28, Performance Standards;
e. 
The proposed new use will not result in an average daily trip increase of more than five percent of the current use based on the Institute of Traffic Engineers (ITE) trip generation rates;
f. 
The proposed new use would not be detrimental to public health, safety, or welfare;
g. 
The proposed new use would not preclude or interfere with implementation of the General Plan or any applicable adopted specific, area, or community plan;
h. 
The proposed new use will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan;
i. 
The proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this title than the nonconforming use it replaces; and
j. 
The proposed new use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent properties, the surrounding area, or the neighborhood because of noise, odors, dust, glare, vibrations, or other effects.
D. 
Conditions. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings. The Zoning Administrator may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(Ord. 19-1 § 3)
A. 
Elimination of Nonconforming Uses and Structures.
1. 
Nonconforming Uses Not Occupying a Structure or Occupying a Structure with Valuation Less Than $2,500. The following nonconforming uses shall be discontinued and removed from their sites within three year(s) from the effective date of the ordinance codified in this title:
a. 
A nonconforming use which does not occupy a structure; or
b. 
A nonconforming use occupying a structure having an appraised valuation of less than $2,500.
2. 
Other Nonconforming Uses. The City Council may require other nonconforming uses to be discontinued and removed from their sites within a period determined pursuant to the process set forth in Section 17.26.080, Establishment of Amortization Periods.
3. 
Elimination of Nonconforming Structures. Nonconforming structures may continue except that the City Council may establish amortization periods for specific structures pursuant to Section 17.26.080, Establishment of Amortization Periods.
B. 
Time for Elimination When Use or Structure Becomes Nonconforming. Whenever a use or structure becomes nonconforming, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure is computed from the effective date of the change that results in the nonconforming status of the use or structure.
C. 
Burden of Proof. The burden of proof as to the nonconforming status of any use or structure shall rest with the property owner, tenant, and/or resident.
(Ord. 19-1 § 3)
Where a period during which a nonconforming use or structure is to be discontinued and removed from their site is to be established, such period shall be established as follows.
A. 
The Zoning Administrator shall submit the nonconforming use or structure and a recommended amortization period, based on the criteria in subsection C.1, to the Planning Commission for review;
B. 
The Planning Commission shall hold a public hearing, noticed pursuant to Chapter 17.35, Common Procedures, to consider the recommended amortization period. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amortization period to the City Council.
C. 
After receiving the recommendation from the Planning Commission, the City Council shall hold a public hearing, noticed pursuant to Chapter 17.35, Common Procedures, to consider the recommended amortization period.
1. 
The City Council may establish a maximum time for which the nonconforming use shall be permitted to continue after considering the following in relation to the use or structure:
a. 
The amount of investment or original cost of the use or structure;
b. 
The present actual or depreciated value of the use or structure;
c. 
The remaining useful life of the use or structure;
d. 
The remaining term of the lease;
e. 
The date or dates of construction;
f. 
Amortization of the business or structure for tax purposes;
g. 
The salvage value;
h. 
The threat to the public health, safety, and welfare posed by the continuance of the nonconforming use; and
i. 
Other factors as appropriate.
2. 
The time period established by the City Council shall be no less than three years in length.
(Ord. 19-1 § 3)
Nonconforming structures may be continued and maintained in compliance with the following provisions.
A. 
Maintenance and Repairs. Structural and non-structural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height or roof pitch. This excludes any improvements required to meet accessibility requirements.
B. 
Additions. Additions to and/or enlargements of nonconforming structures are allowed if the addition or enlargement complies with all applicable laws and requirements of this title, the use of the addition/enlarged area of the property is authorized by this title, and there is no increase in the discrepancy between existing conditions and the requirements of this title, except as provided below:
1. 
Nonconforming Setbacks, Residential Zones. In Residential Zones, a nonconforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:
a. 
A new encroachment into any other required setback is not created;
b. 
The height of the portion of the structure that is within the required setback is not increased; and
c. 
Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.
(Ord. 19-1 § 3)
A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.
A. 
Restoration When Damage is 50% or Less of Value. If the cost of repair or reconstruction is less than or equal to 50% of the appraised value of the structure, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building or property owner.
B. 
Restoration When Damage Exceeds 50% of Value. If the cost of repair or reconstruction exceeds 50% of the appraised value of the structure, as determined pursuant to subsection A above, the land and building shall be subject to the requirements of this title, except as provided below:
1. 
Non-Residential Structures. Any nonconforming use must permanently cease. The Zoning Administrator may approve a Minor Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed provided that the use of the structure is permitted or conditionally permitted in the zone. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.
2. 
Residential Structures. Any nonconforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or Zoning Administrator approval in the case of other residential uses, unless the review authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.
C. 
Timing. Building permits must be obtained within two years of the date of the damage or destruction and construction shall be completed within one year of issuance unless another time period is specified through Zoning Administrator consideration. Building permits must be maintained valid through the completion of the project.
(Ord. 19-1 § 3)
If the nonconforming use ceases to operate, whether with the intent to abandon the use or not, for a continuous period of one year, or six months for any property having any frontage on West Capitol Avenue or within the Central Business District, it shall be considered abandoned and shall not be resumed, reestablished, reopened, or replaced by any other nonconforming use, except as provided in this section. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Zoning Administrator that the use was legally established and has not been abandoned.
A. 
Abandonment. The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
1. 
The site is vacated;
2. 
The business license expires or is revoked;
3. 
Utilities are terminated; or
4. 
The applicable lease is terminated.
B. 
Extension of Abandonment Period. The Zoning Administrator may approve an additional one-year time period during which the use will not be considered abandoned; provided, that the Zoning Administrator finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.
(Ord. 19-1 § 3)
The provisions of this chapter are in addition to existing State law authority to declare and abate a public nuisance pursuant to California law and other applicable provisions of the municipal code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the municipal code and Chapter 17.46, Enforcement.
(Ord. 19-1 § 3)