A. 
This Chapter provides regulations for nonconforming uses, structures, and parcels, as well as landscaping, parking, and public utilities, that were lawful at the time of their construction or establishment, but which would be prohibited, regulated, or restricted differently under the terms of the current Code.
B. 
This Chapter does not regulate nonconforming signs, which are subject to the requirements in Section 17.316.100 (Nonconforming Signs).
C. 
It is the intent of this Chapter to encourage reasonable improvements for appearance, maintenance, and safety while limiting the extent to which nonconforming uses and structures may continue to be used, altered, expanded, moved, or replaced. Generally, this Chapter is intended to be administered in a manner that encourages the eventual elimination of nonconformities.
D. 
This Chapter is also intended to ensure that nonconformities shall not be reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
E. 
Any use or structure established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which does not conform to the Code, is not a nonconforming use or structure, and is in violation of this Code.
(Ord. 1670(19) § 11)
A. 
Property Owner's Responsibility. A property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property is a legal nonconformity as specified in the Chapter. If the City has no building permit on file for a structure or addition, and if the property owner can provide evidence that the structure or addition was built prior to 1965 or the Director determines the structure was built prior to 1965, then the Director will determine, to the best of his or her ability and based on all available evidence, whether the structure was legal at the time of its construction and is therefore a legal nonconforming structure. In making that determination, the Director shall review the Zoning Code in effect at the time of construction, if any, and shall consider input from the Building Official's review of the Building Code in effect at the time of construction, if any.
B. 
Appeal of Determination. Any person, firm, or corporation aggrieved by a decision of the Director's determination of nonconformity in interpreting, applying, or enforcing this Chapter, may file an appeal in compliance with Chapter 17.612 (Appeals).
(Ord. 1670(19) § 11)
A. 
Any nonconforming use or structure may be continued, used, and maintained in compliance with this Chapter.
B. 
Any nonconforming parcel may be used, developed, and maintained in compliance with this Chapter.
C. 
A nonconforming use, structure, and/or parcel may be transferred or sold, provided that no such use or structure shall be enlarged or altered except as otherwise provided in this Chapter.
(Ord. 1670(19) § 11)
A nonconforming use may be continued, expanded, or replaced subject to the following standards.
A. 
The use shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area of land or building floor area than it legally occupied before it became nonconforming; however, the Director may approve an expansion of up to 25% of the gross floor area if the expansion brings the nonconforming use into more conformity with this Code.
B. 
The use shall not be intensified so that the hours of operation are extended, the occupancy capacity is increased, the volume of traffic or noise generated by the use is increased, or a greater amount of parking is required.
C. 
The use may be replaced with a conforming use, another similar nonconforming use, or a less intensive use in compliance with this Section; however, the use may not be replaced with a nonconforming residential use.
D. 
Nonconforming uses within a multi-tenant commercial or industrial center or complex may be established or replaced by another similar nonconforming use when the Director finds:
1. 
That the new nonconforming use is a similar classification to or less intensive than the use previously allowed in the center or complex;
2. 
That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
3. 
That the use of the entire center or complex has not been vacant or discontinued for a period of three years or more.
E. 
If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
F. 
An existing use that is authorized by a previously approved permit or approval (e.g., Conditional or Minor Use Permit, Administrative Use Permit, etc.), but is not allowed by this Code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.
G. 
A use lawfully existing without a permit that would require a permit under the current Code (e.g., a Conditional Use Permit was not required when the use was established, and the current Code now requires a Conditional Use Permit for that use), shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.
(Ord. 1670(19) § 11)
A nonconforming structure may be expanded, enlarged, repaired, and maintained subject to the following standards.
A. 
Expansion and Enlargement. Nonconforming structures may be enlarged or extended to occupy a greater area of land or building floor area provided that any expansion or enlargement complies with all applicable requirements of this Code, and does not increase the degree of nonconformity.
B. 
Repair, Maintenance, and Additional Improvements.
1. 
A nonconforming single-family dwelling or duplex may be maintained, repaired, and improved provided that any work complies with all applicable requirements of this Code and does not increase the degree of nonconformity.
2. 
Nonconforming multi-family structures of triplexes or larger and non-residential structures may be maintained, repaired, and improved as follows:
a. 
Repairs, maintenance, and additional improvements are allowed up to 50% of the current market value of the structure provided that any work complies with all applicable requirements of this Code and does not increase the degree of nonconformity;
b. 
The cost of the work done during any one year shall not exceed 50% of the current market value of the structure unless authorized through an Architectural Design and Site Development Review. In any such authorization, the review authority must find, in addition to otherwise required findings, that the work will be a benefit to the City and the surrounding area (e.g., public health, safety, or environmental benefits); and
c. 
No structural alterations are allowed, except as described in Subsection C (Seismic Retrofitting, Building and Fire Code Compliance).
C. 
Seismic Retrofitting, Building and Fire Code Compliance. Repairs, alterations, or reconstruction to improve seismic safety or necessary to comply with Building Code and Fire Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards, and the Building Code and Fire Code as determined by the Building Official.
D. 
Exceptions for the OTC Zone and H Street Overlay Zone. This Subsection establishes provisions to allow for reinvestment in legal nonconforming structures and associated uses in certain zones to achieve public safety, environmental, economic, or fiscal benefits notwithstanding the longer term goals of the City. Legal nonconforming structures in the OTC Zone or the H Street Overlay Zone may be expanded, enlarged, and improved in a manner that is not entirely consistent with this Chapter if a Conditional Use Permit is approved and the following findings are made by the review authority, the alteration:
1. 
Generates at least one of the following benefits to the community: demonstrable economic, fiscal, public health, safety, or environmental benefit;
2. 
Does not result in any new unmitigated significant environmental impact, unless a statement of overriding considerations has been adopted;
3. 
Does not result in a significant increase in the overall intensity of use beyond the existing use(s);
4. 
Does not significantly extend or expand the existing developed square footage (i.e., result in an addition of more than 10% of the gross floor area of a structure);
5. 
Any expansion or extension of life of any nonconforming use results solely from the improved operational efficiency and is incidental to the primary purpose of improving public health and safety or providing an economic, fiscal, or environmental benefit; and
6. 
Will not unreasonably impede implementation of the General Plan over the longer term because one or more of the following apply:
a. 
There are significant vacant or underutilized properties in the area available or likely to become available in the near term for development consistent with the General Plan;
b. 
The infrastructure necessary to support the long-term development of the area is incomplete; or
c. 
The improvements will not significantly impair the ability of market forces to drive the transition to new uses and development opportunities consistent with the General Plan's long-term vision for the area.
E. 
Restoration of a Damaged Nonconforming Structure. Damaged nonconforming structures may be restored in compliance with Section 17.620.100.B (Termination by Destruction).
(Ord. 1670(19) § 11)
A. 
Existing Substandard Parcels.
1. 
No structure shall be erected or enlarged on any substandard parcel if the parcel was acquired from the owner(s) of record of contiguous property or the contiguous owner's transferee.
2. 
No structure shall be erected or enlarged on the owner's parcel if the parcel is left substandard due to transfer of a portion of the parcel by the current owner.
B. 
Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this Code may be developed if at least one of the following criteria are met, as documented to the satisfaction of the Director with evidence furnished by the applicant:
1. 
The parcel was created by a recorded subdivision;
2. 
The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
3. 
The parcel was approved through a Variance;
4. 
The parcel resulted from a lot line adjustment recorded before the effective date of the zoning amendment that made the parcel nonconforming; or
5. 
The parcel was created in compliance with the provisions of the Code at the time of the parcel's creation but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size was decreased not more than 20% and the setback facing a public right-of-way was decreased not more than 50%.
C. 
Subdivision or Lot Line Adjustment. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.
(Ord. 1670(19) § 11)
No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of landscaping and screening prescribed in Chapter 17.312 (Landscaping and Screening Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections A and B, below.
A. 
Expansion of Structure. For additions or enlargements of existing structures or buildings that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement, and not for the preexisting structure or building.
B. 
Change in Use. For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.
(Ord. 1670(19) § 11)
A. 
Parking. No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of parking facilities prescribed in Chapter 17.308 (Parking Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections 1 and 2, below.
1. 
Expansion of structure. For additions or enlargements of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or enlargement or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the review authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is not available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.
2. 
Change in use. For any change of use or manner of operation that would increase the number of parking spaces required, no additional parking shall be required unless the review authority determines that the change in use would require 15% or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 17.308 (Parking Standards) and 115% of the number of spaces that currently exist.
B. 
Driveways. Nonconforming residential and commercial driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the parcel that would require that the structure be brought into compliance with current Code standards.
(Ord. 1670(19) § 11)
A. 
Historic Structures and Landmarks. A nonconforming historic structure or designated Landmark may be restored to its original condition or to a more conforming condition with the approval of a Certificate of Appropriateness in compliance with Chapter 17.516 (Certificate of Appropriateness). A nonconforming historic structure or Landmark may be altered or enlarged, without conforming to the applicable development standards, provided:
1. 
The historic structure or Landmark is designated by the City as a historic site or structure as listed in the General Plan;
2. 
The historic structure or Landmark is designated as a California State Historic Landmark or National Register Site; or
3. 
The historic structure or Landmark is designated as a Landmark consistent with Chapter 17.616 (Designation of Landmarks); and
4. 
The alteration and/or expansion of the nonconformity:
a. 
Is a continuation of the existing historic structure's nonconforming encroachment(s), and does not increase the amount of the structure that encroaches into any setback,
b. 
Is limited to the existing height allowed in the zone,
c. 
Is desirable in order to provide architectural consistency with the remainder of the structure,
d. 
Has no adverse visual or privacy impacts on neighbors or the general public; and
5. 
A Certificate of Appropriateness is issued for the work, in compliance with Chapter 17.516 (Certificate of Appropriateness).
B. 
Nonconforming Residential Structures.
1. 
Nonconforming residential structures that have been involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and square footage) provided:
a. 
The applicant provides sufficient documentation supporting the claim that the damage or destruction occurred involuntarily;
b. 
There is no expansion of the gross floor area or number of dwelling units;
c. 
The replacement structure complies with the Building Code, and will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure(s); and
d. 
A Building Permit is issued no later than one year after the date of destruction, and construction is diligently pursued to completion.
2. 
If the preceding requirements are not met, the replacement structure(s) shall comply with all of the regulations of the applicable zone in effect on the date of application for a Building Permit as described in Section 17.620.100.B.1.c (Residential uses).
C. 
Nonconforming Upon Annexation. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the City, and which do not conform to this Code and any other relevant City document, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this Chapter.
D. 
Old Town Commercial Registries. Lots listed in the City's registries for previously existing drive-throughs or automobile sales, rental, or repair uses are not subject to Section 17.620.040 (Nonconforming Uses).
(Ord. 1670(19) § 11)
A. 
Termination by Discontinuance.
1. 
If a nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or use of nonconforming physical improvements is discontinued for a continuous period of three years or more, all rights to legal nonconforming status shall be terminated.
2. 
The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structure, or other components of the nonconformity, disconnected or discontinued utilities, or no business receipts or records to document continued operation. The three year period shall not apply if:
a. 
The Director determines that legitimate and continual efforts to reuse the subject site have been made during the three-year period; or
b. 
The Director grants an Administrative Use Permit to allow an extension of the three-year period if the Director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the Administrative Use Permit for the extension request in compliance with Chapter 17.504 (Application Processing Procedures) and Chapter 17.508 (Administrative Use Permit) and prior to the expiration of the three-year period.
3. 
Without further action by the City, any further use of the land, structure, or physical improvements shall comply with all the standards of the applicable zone, all other applicable provisions of this Code, and any other applicable adopted City document, permit, or approval.
B. 
Termination by Destruction.
1. 
Nonconforming status will terminate if a nonconforming structure, conforming structure occupied by a nonconforming use, or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, except as follows:
a. 
Less than 50%. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is 50% of the replacement value or less, the structure or physical improvements may be restored to the same size, and the use continued as before, provided that permits have been obtained and the restoration work is started with-in 180 days of the date of the damage.
b. 
Greater than 50%. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is greater than 50% of the replacement value immediately prior to the involuntary damage, neither the structure nor the physical improvement shall be reconstructed, repaired, or restored, except in conformity with the requirements of this Code.
c. 
Residential uses. Nonconforming residential uses in any zone may be reinstated when the structure in which they were located has been destroyed, provided that a Building Permit is issued no later than two years after the date of destruction, construction is diligently pursued to completion, and the new structure meets the development standards for the zone in which it is located, unless exempt from current Code standards consistent with this Subsection. The City may only prohibit the reconstruction of a multi-family structure if the findings required by Government Code § 65852.25 are made.
d. 
H Street Overlay Zone. A nonconforming structure in the HSO that has been destroyed may be rebuilt as it existed prior to destruction provided the structure complies with current Building and Fire Code requirements.
2. 
Nonconforming status will terminate if a nonconforming structure, conforming structure occupied by a nonconforming use, or nonconforming physical improvements are voluntarily damaged or destroyed or required by law to be razed.
(Ord. 1670(19) § 11)