This Chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the City that were lawfully established, constructed, or subdivided prior to the adoption or amendment of the WMC, but which would be prohibited, regulated, or restricted differently under the current terms of the WMC or future amendments thereto.
It is the intent of this Chapter to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.
(Ord. 2456 § 2, 2010)
A. 
Continuation of Use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use, except as provided in subsection G of this Section. Alterations that do not increase or enlarge a nonconforming use may be approved, provided, however, that such work done in any 12-month period on ordinary structural alterations or replacement of walls, fixtures, or plumbing does not exceed 25 percent of the appraised market value of the building for the calendar year in which such work is done.
B. 
Abandonment or Discontinuance of Use. A nonconforming use that has been abandoned or discontinued for a period of one year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title.
C. 
Change of Use. A nonconforming use that is changed to or replaced by a conforming use shall result in termination and subsequent abandonment of the nonconforming use.
D. 
Change to Other Nonconforming Use. A nonconforming use may be changed to another nonconforming use of the same or more restricted classification, provided the change occurs within one year from the date the existing use is abandoned or discontinued (see subsection B above).
E. 
Use Permits
1. 
Conformity of uses requiring Administrative and Conditional Use Permits. Any use existing at the time of adoption of this Title in a zoning district that allows the use subject to the granting of an Administrative or Conditional Use Permit, shall be deemed a legal nonconforming use and may only continue to the same extent that it previously existed.
2. 
Previous Administrative or Conditional Use Permits in effect. A use that was established with an Administrative or a Conditional Use Permit but is no longer a use allowed by this Title within the applicable zoning district may continue in compliance with the provisions and terms of the original permit. If the Administrative or Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the original permit.
F. 
Cafés, Coffeehouses and Tea Houses. Any existing café, coffeehouse or tea house which does not comply with the minimum requirements for such establishments as set forth in Section 17.400.030, Cafés, Coffeehouses and Tea Houses, shall be considered nonconforming and shall be brought into compliance with such minimum requirements within 6 months from the date the ordinance establishing said minimum requirements became effective.
G. 
A nonconforming single-family dwelling unit or duplex may be expanded subject to the following provisions:
The total cumulative expansion shall not exceed 20 percent of the permitted existing gross floor area, excluding attached or detached garages and/or accessory structures.
(Ord. 2456 § 2, 2010; Ord. 2475 § 2, 2011)
A. 
Alterations or Additions. When any nonconformity is eliminated or brought into conformance with the current regulations, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored. The enlargement, expansion, extension, or reconstruction of a nonconforming structure shall be subject to the following:
1. 
Increase in area. Work which results in an increase or enlargement of the area, space, or volume of a nonconforming structure shall be allowed only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, landscaping, encroachments and the requirements of the Uniform Building Code are met. New additions, replacement structures or alterations shall not increase existing nonconformities (e.g., the new construction will comply with required setbacks even though the existing building does not conform with current minimum required setbacks).
2. 
Improvements to nonconforming multiple-family and nonresidential structure(s).
a. 
Major improvement defined. A major improvement is an improvement that will add 10 percent or more, with a minimum of 750 square feet, to the existing gross floor area of the multiple-family or nonresidential structure(s) on the site, as determined by the Building Official.
b. 
Minor improvement defined. If the City determines that the estimated value of the work for which the permit is requested is equal to 10 percent or more of the replacement value of the multiple-family or nonresidential structure(s) on the site, but at least $57,000.00 (to be adjusted annually each July 1st to reflect the increase in the Consumer Price Index for all Urban Consumers, as established by the U.S. Department of Labor) it shall be considered a minor improvement. In application of this Section, "work value" and "replacement value" shall be determined as follows:
i. 
Work value. Each permit shall indicate the value of the work to be performed. If the Building Official believes the work value estimate indicated on the permit is too low, the Building Official shall estimate the value of the proposed work for the purpose of this calculation.
ii. 
Replacement value. The replacement value of an existing structure shall be determined using tables of reconstruction costs published by the International Conference of Building Officials. The type of construction is determined, and a cost per square foot is derived from the table. This cost is multiplied by the number of gross square feet in the structure to obtain the estimated reconstruction cost of the structure.
iii. 
Commercial revitalization area. If the proposed minor improvements include exterior building façade improvements to an existing structure located within Redevelopment Areas, the portion of the work value devoted to exterior building façade improvements shall not be included in determining the 10 percent or $57,000.00 enforcement threshold for minor improvements.
c. 
Incidental improvements defined. An improvement that does not qualify as a major or minor improvement shall be considered an incidental improvement.
d. 
Requirements. Whenever a permit for a major improvement or minor improvement to an existing nonconforming structure is requested, the Director shall not approve the application unless the requirements of Table 6-1 (Requirements for Major and Minor Improvements) are met:
Table 6-1
Requirements for Major and Minor Improvements
Requirement
Major Improvement
Minor Improvement
Incidental Improvement
1. The appropriate number of parking spaces shall be provided for the type of uses proposed for the site, in compliance with Chapter 17.320 (Off-Street Parking).
X
2. All roof equipment screening shall be provided in compliance with Section 17.300.035 (Screening).
X
X
3. All required refuse and recyclable materials storage areas shall be provided in compliance with Section 17.300.045 and the approval of Midway City Sanitary District.
X
X
4. Parking lot landscaping, paving, screening, and striping shall meet all City requirements; provided, compliance with the requirements does not decrease the number of available parking spaces in compliance with Chapter 17.320 (Off-Street Parking).
X
X
5. Fences, walls, and hedges shall comply with Section 17.300.030 (Fences, Hedges, and Walls).
X
X
6. Code required landscaping for the site shall be upgraded to comply with current code to the maximum extent possible without decreasing the number of required parking spaces or conflicting with other parking standards.
X
X
7. Notwithstanding requirement 4, above, the addition of floor area to an existing structure shall not be allowed unless there is additional parking to serve the newly-added floor area, in compliance with Chapter 17.320 (Off-Street Parking).
X
X
B. 
Nonconforming Due to Parking. A structure that is nonconforming due to the lack of compliance with off-street parking standards may undergo changes in compliance with this Section, subject to the following provisions:
1. 
Residential additions. Full compliance with the provisions of Chapter 17.320, Off-Street Parking and Loading, shall not be required for additions provided that:
a. 
Single-family.[1] The dwelling is not increased by 2 or more bedrooms. Any expansion over 50 percent or more of the original gross floor area of the house or expansion resulting in 5 or more bedrooms, would require full compliance with the provisions of Chapter 17.320, Off-Street Parking and Loading. If the existing garage is at least 18 feet by 19 feet (interior dimensions), then it is not considered nonconforming.
[1]
An addition resulting in 5 or more bedrooms, as defined in Article 7, Definitions, shall require additional parking as specified in Section 17.320.020, Number of Parking Spaces Required.
b. 
Multiple-family. The addition will not result in:
i. 
An increase in the number of dwelling units;
ii. 
The elimination of the only portion of the parcel that can be used for the required/existing vehicle parking or access;
iii. 
A cumulative total of more than 4 bedrooms, as defined in Article 7, Definitions, within any unit.
2. 
Nonresidential structures and uses. Structures with parking standard deficiencies shall be allowed to remodel, alter, expand or accommodate a change of use, provided that:
a. 
The expansion or new use has the same or lesser parking requirement as the existing or previous use or structure.
b. 
The expansion or new use has a greater parking requirement than the existing or previous use or structure and a sufficient number of additional parking spaces have been provided to accommodate the net increase of required spaces in the following manner:
i. 
The net new parking spaces shall equal the number of spaces directly required by the change in use only;
ii. 
The number of additional parking spaces shall equal the number of spaces directly required by the expansion area only;
iii. 
Where there are 2 or more nonconforming structures on a site, but not all structures are proposed for additions, changes, or intensifications, parking nonconformities for the structures not proposed for additions, changes, or intensifications may remain as they are.
(Ord. 2456 § 2, 2010; Ord. 2473 § 3, 2011; Ord. 2478 § 2, 2011; Ord. 2529 § 2, 2016)
Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g., fire, earthquake, or other calamity) may be reconstructed or replaced provided:
A. 
Development Standards. The new structure(s) shall comply with the development standards (such as building envelope and footprint standards) in effect when the damaged or destroyed structure(s) was originally constructed; provided however, that the new structure(s) shall contain no more dwelling units and/or floor area than the damaged structure(s).
B. 
Building and Fire Code Compliance. All new construction shall comply with the current Building and Fire Code requirements; however, the Building Official may require compliance for areas other than the new construction when deemed necessary.
C. 
Time Limits. A building permit for reconstruction must be obtained no later than 18 months after the date of destruction, and construction must be pursued diligently to completion.
D. 
Current Requirements. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit.
E. 
Extensions. If the applicant submits a written request before expiration of the 18 months, containing reasonable justification for an extension, the Director may extend the deadline for issuance of the building permit for up to an additional 18 months.
(Ord. 2478 § 2, 2011)
If, at any time, the residential development (as used herein, "development" may include one or more buildings containing one or more residential units) in existence or maintained at the time this Title or amendments thereto take effect that does not conform to the regulations for the district in which it is located is damaged to the extent herein specified, then it shall be subject to the following provisions:
A. 
Level of Destruction
1. 
Fifty percent or less of full appraised market value of building(s) only prior to damage. May be rebuilt to original configuration or a lesser degree of nonconformity;
2. 
50.01 percent or more of full appraised market value of building(s) only prior to damage:
a. 
Units may be rebuilt to original configuration or a lesser degree of nonconformity upon approval of a Conditional Use Permit and subject to compliance with current parking and setback regulations of this Title,
b. 
In commercial and/or industrial districts, may not be rebuilt. Then, and without further action by the City Council, the same building and the land on which said building was located or maintained shall, from and after the date of such destruction, be subjected to all the regulations specified by this Title for the district in which such land and building are located,
c. 
A residential structure, in any district that has been certified by a resolution of the Westminster Planning Commission as being a structure that is "historically significant," may be rebuilt to its original configuration and design. The Planning Commission's decision to classify a structure as "historically significant" shall be based upon evidence presented to the Planning Commission, which indicates that the structure has a meaningful association with a historical figure or event in the City's history, or written recommendation from the Westminster Historical Society that the building has historical significance. The Planning Commission's determination to certify a residential structure as being "historically significant" shall occur prior to the damage.
(Ord. 2456 § 2, 2010)
A. 
Maintenance and Repair. A nonconforming structure may be continued, improved, and maintained, subject to the restrictions contained in this Chapter.
B. 
Seismic Retrofitting/Building Code Compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations. The seismic retrofitting and Building Code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (such as Title 24 and the California Code of Regulations).
(Ord. 2456 § 2, 2010)
A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Title for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified by this Section.
A. 
Applicability. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
1. 
Approved subdivision. The parcel was created through a subdivision approved by the City or prior to incorporation by the County of Orange.
2. 
Variance or lot line adjustment. The parcel was approved through the variance procedures outlined in Chapters 17.550, Administrative and Conditional Use Permits, and 17.555, Administrative Adjustments and Variances, or resulted from a lot line adjustment.
3. 
Partial government acquisition. The parcel was created in compliance with the provisions of this Title, but was made nonconforming when a portion of the parcel was acquired by a governmental entity.
B. 
Further Division or Reduction of Parcel Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, lot depth, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Title, or in a way that makes the use of the parcel more nonconforming.
(Ord. 2456 § 2, 2010)
A front or street side yard, not conforming to the development standards of Section 17.300.020(D)(2) must conform to the aforementioned Section if any of the following occurs:
A. 
Removal of Walls. If more than 50 percent of the exterior walls of a dwelling unit are removed or are no longer a necessary and integral structural component of the overall structure of the existing dwelling unit, then conformity with Section 17.300.020(D)(2) shall be required. Elements of the exterior wall include columns, studs, cripple walls, or similar vertical load-bearing elements and associated footings. The calculation for determining 50 percent shall be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the ceiling of the first story. Removal is cumulative and the 50 percent limit can be reached with separate permits over time.
B. 
Additions. If new floor area (including accessory structure(s)) exceeding 10 percent of the existing floor area of the largest existing building on the lot, with a minimum addition of 500 square feet, is added, then conformity with Section 17.300.020(D)(2) shall be required. The limit is cumulative and can be reached over time under separate permits.
C. 
The construction of a new garage shall require conformity with Section 17.300.020(D)(2).
(Ord. 2511 § 2, 2014)
The Zoning Code gives the City Council the authority to establish Amortization Regulations for nonconforming uses or structures.
(Ord. 2456 § 2, 2010)
Any use or structure that did not comply with the applicable provisions of this Title or prior planning and zoning regulations when established are violations of this Title and are subject to the provisions of Chapter 17.650, Enforcement. This Chapter does not grant any right to continue occupancy of property containing an illegal or unpermitted use or structure. The activity shall not be allowed to continue unless/until permits and entitlements required by this Title and the WMC are first obtained.
(Ord. 2456 § 2, 2010)
In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the Director in compliance with Chapter 8.20, Nuisances, of the WMC.
(Ord. 2456 § 2, 2010)