A. 
The purpose of this chapter is establish provisions for the orderly termination of nonconforming uses, sites and structures in order to promote the public health, safety, and general welfare, and to bring these uses, sites and structures into conformity with the goals and policies of the general plan.
B. 
Within the zoning districts established by this title, there exist land uses, sites and structures that were lawful before the adoption, or amendment of this title, but that would be prohibited, regulated, or restricted differently under the terms of this title or future amendments.
C. 
This chapter is intended to prevent the expansion of nonconforming uses, sites and structures, to establish the criteria under which they may be continued, and to provide for the correction or removal of these nonconformities in an equitable and timely manner.
D. 
It is hereby declared that nonconforming uses, sites and structures within the city are detrimental to both orderly and creative development, and the general welfare of citizens and property. It is further declared that nonconforming uses, sites and structures shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners.
(Ord. 777 § 1 (Exh. A), 2002)
Nonconformities are defined as follows:
"Nonconforming site"
means a site that was legally improved before the adoption of this title and which does not conform to current provisions/standards (e.g., landscaping, parking, etc.) prescribed for the zoning district in which the site is located.
"Nonconforming structure"
means a structure that was legally constructed before the adoption of this title and which does not conform to current provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.
"Nonconforming use"
means a use of a structure (either conforming or nonconforming) or land that was legally established and maintained before the adoption of this title and which does not conform to the current provisions governing allowable land uses for the zoning district in which the use is located.
"Nonconformity upon annexation"
means a use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this title.
(Ord. 777 § 1 (Exh. A), 2002)
The continuance of a nonconforming use is subject to the following:
A. 
A nonconforming use shall not change nor shall the intensity of the use increase.
B. 
If a nonconforming use ceases for a period of one hundred eighty days or more, it shall lose its nonconforming status, and the continued use of the property shall be required to conform with the provisions of this title.
C. 
Development of any property that has a nonconforming use may be permitted under the following circumstances:
1. 
The proposed development is in compliance with all provisions of this title, and either:
a. 
The area and intensity of the nonconforming use remains unchanged, or
b. 
The area and intensity of the nonconforming use is reduced as part of the development proposal; or
2. 
The proposed development will reduce the area and/or intensity of the nonconforming use.
The development of any property that has a nonconforming use must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
D. 
If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.
E. 
No nonconforming use may be replaced by another nonconforming use, nor may any nonconforming use be expanded.
(Ord. 777 § 1 (Exh. A), 2002)
The continuance of a nonconforming structure is subject to the following:
A. 
A nonconforming structure which is damaged to an extent of one-half or more of its replacement cost immediately before the damage may be restored only if made to conform to all provisions of this title. The replacement cost shall be determined by the building official, whose decision may be appealed to the council.
B. 
Development of any property that has a nonconforming structure may be permitted under the following circumstances:
1. 
The proposed development is in compliance with all provisions of this title, and either:
a. 
The dimension of the nonconforming condition remains unchanged, or
b. 
The dimension of the nonconforming condition is reduced as part of the development proposal; or
2. 
The proposed development will reduce the dimension of the nonconforming condition of the nonconforming structure.
The development of any property that has a nonconforming structure must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
C. 
If the use of a nonconforming structure is discontinued for a period of one hundred eighty days or more, the structure shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this title. The use of a nonconforming structure shall be considered discontinued when any of the following apply:
1. 
The intent of the owner to discontinue use of the nonconforming structure is apparent; or
2. 
Where characteristic furnishings and equipment of the use have been removed and not replaced with equivalent infrastructure during this time.
(Ord. 777 § 1 (Exh. A), 2002)
A. 
A nonconforming site which is damaged to an extent of one-half or more of its replacement cost immediately before the damage may be restored only if made to conform to all provisions of this title. The replacement cost shall be determined by the director, whose decision may be appealed to the council.
B. 
Development of any property that has a nonconforming site may be permitted under the following circumstances:
1. 
The proposed development is in compliance with all provisions of this title, and either:
a. 
The nonconforming site condition remains unchanged, or
b. 
The extent of the nonconforming site condition is reduced as part of the development proposal; or
2. 
The proposed development will reduce the extent of the nonconforming condition of the nonconforming site.
The development of any property that has a nonconforming site condition must be approved through a conditional use permit issued in accordance with the provisions of Chapter 17.48 (Conditional Use Permits).
C. 
If the use of a nonconforming site is discontinued for a period of one hundred eighty days or more, the site shall lose its nonconforming status, and shall be removed or altered to conform to the provisions of this title. The use of a nonconforming site shall be considered discontinued when any of the following apply:
1. 
The intent of the owner to discontinue use of the site is apparent; or
2. 
Where site improvements that are characteristic of the use have been removed and not replaced with equivalent infrastructure during this time.
(Ord. 777 § 1 (Exh. A), 2002)
When any nonconforming use, site or structure is no longer allowed in compliance with the provisions of this chapter, no building permit shall thereafter be issued for further continuance, alteration, or expansion. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming use, site or structure.
(Ord. 777 § 1 (Exh. A), 2002)
Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming uses and structures. The uses and structures shall be removed immediately subject to the provisions of Chapter 17.80 (Enforcement) and state law.
(Ord. 777 § 1 (Exh. A), 2002)
In the event that a legal nonconforming use, site or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with Municipal Code Title 14 (Code Compliance and Remedies).
(Ord. 777 § 1 (Exh. A), 2002; Ord. 916 § 8, 2006)
All applications shall be subject to the applicable provisions of this title, including the procedures identified in the following:
17.76 Appeals
17.36 Application Filing, Processing, and Fees
17.48 Conditional Use Permits
(Ord. 777 § 1 (Exh. A), 2002)
A. 
Nonconforming Lot Size. Legally created lots under the California Subdivision Map Act that do not conform to the current minimum zoning ordinance lot size requirement may be constructed upon provided that all other sections of the municipal code can be met unless otherwise specified herein.
B. 
Setbacks.
1. 
Legally created lots with legally constructed dwelling units in residential zones that have current nonconforming side yard setbacks of five feet or greater may continue the existing side yard building setback line provided that all other sections of the municipal code can be met unless otherwise specified herein. A minor variance application shall be applicable.
2. 
Legally created lots in residential zones where homes currently have substandard front and/or rear setbacks may apply for a minor conditional use permit and use "setback averaging." Setback averaging shall be determined as the average front or rear setback of existing homes on the immediately adjoining lots.
C. 
Garages. Homes that were legally constructed in neighborhoods with predominantly a one-car garage shall maintain said one-car garage to accommodate fifty percent of the city's currently required off-street enclosed parking requirement and an additional one-car architectural carport or porte-cochere shall be provided to comply with the remaining fifty percent off-street covered parking requirement. Where garages have been enclosed, a two-car portecochere shall be provided and shall comply with all current setback requirements unless otherwise exempted herein;
1. 
On lots with existing structures where it is not possible to provide a two-car side-by-side garage, a two-car tandem garage or two separate one-car garages may be constructed provided that all other sections of the municipal code can be met unless otherwise specified herein.
2. 
Two-car enclosed/covered parking shall be provided in compliance with this section with any proposed structural expansion that exceeds twenty-five percent of the existing floor area of the home.
D. 
Lot Coverage. In no case shall lot coverage exceed the zoning district requirement of thirty percent including the required two-car minimum four hundred square foot garage whether a two-car garage exists on the site or not. For lot coverage calculation purposes, portecocheres shall be included in the required lot coverage calculations.
(Ord. 1063 § 2, 2013)