Note: Prior ordinance history: Ords. 80, 483 and 489.
It is the purpose of this chapter to provide regulations under which lawfully existing uses, lots, structures and other improvements that do not comply with the ordinance codified herein, may continue in a manner and for a period of time that encourages implementation of local land use and development policy and those regulations that have been adopted in support of that policy.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
In the interest of protecting the public health, safety and general welfare; uses, lots, structures and other improvements which are lawfully existing but which do not comply with this chapter are determined to be nonconforming.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
A nonconforming use may continue until such time as it has been abandoned.
A. 
A nonconforming use shall not be expanded or increased in intensity. An expansion includes an increase in the size of the site occupied by the use, an increase in the percentage of the site occupied by the use or an increase in the floor area occupied by the use. An increase of intensity includes but is not limited to the following: modification to the use such that additional on-site parking is required pursuant to Chapter 9.58, expanded hours of operation; addition of other activities such as dancing or live entertainment. The city planner shall make the determination as to whether an expansion or increase in intensity has or would occur.
B. 
Should the structure and/or improvements which accommodate a nonconforming use be damaged or destroyed by fire, earthquake, flood or any other natural disaster, accident or intentional act, the use may continue only if the structure and/or improvements accommodating the use are permitted to be repaired or reconstructed under this chapter.
C. 
Any portion of a parcel of land or of a structure which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use. A portion of a parcel of land or building upon which the nonconforming use has been discontinued shall be deemed for these purposes to have been changed to a conforming use, and said portion of the land shall not thereafter be again used for a nonconforming use.
D. 
Where a nonconforming use exists at a location where the structures and/or other site improvements are designed in a manner that supports the nonconforming use (e.g. an apartment building is designed to support residential use), a conforming use may not be established at the site or within the structure until such time as the property has been converted to support the conforming use proposed. A conversion request shall be made to the city in the form of either an administrative design review, design review, or conditional use permit, as determined appropriate by the city planner.
E. 
A change in ownership, tenancy, proprietorship, or management of a nonconforming use shall not affect its nonconforming status.
F. 
Existing, legally permitted multi-family uses (two units or more on a lot) in the R1 zone shall be deemed conforming.
(Ord. 495 § 3, 1998; Ord. 553 § 4, 2002; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
A nonconforming lot may be developed and used in accordance with this chapter provided all regulations of the district within which the lot exists can be met.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
A nonconforming structure may be maintained until such time as it is either destroyed or the use that occupies the structure is abandoned.
A. 
A destroyed nonconforming structure shall not be repaired or rebuilt unless it is done so in compliance with all current regulations of the city and the state, including, but not limited to, this code, applicable specific plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.
B. 
A nonconforming structure that is damaged but not destroyed, may be repaired, reconstructed or restored provided that such repair, reconstruction or restoration shall be commenced no later than six months from the date of such damage or partial destruction, and shall be completed within six months after said commencement, or at a later time as is approved by the city planner. Should commencement and/or completion not occur in compliance with these provisions, a structure shall not be further repaired, reconstructed or restored unless it is done so in compliance with all current regulations of the city and the state, including, but not limited to, this code, applicable specific Plan(s), zoning ordinances, building, plumbing, mechanical and fire codes.
C. 
A nonconforming structure wherein the use has been abandoned, shall not be occupied again until such time as it is brought into conformance with current regulations.
D. 
A nonconforming structure shall not be added to or enlarged; however, structural alterations may be made provided the alterations do not exacerbate the structure's nonconformity.
E. 
A nonconforming structure shall not be moved in whole or in part to any other location on the lot unless said building or structure which is moved is made to conform to the regulations of the zone in which it is located.
F. 
Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming structures and/or the strengthening or restoration to a safe condition of any structure declared to be unsafe by the building official.
G. 
Existing, legally permitted multi-family dwelling uses (two units or more on a lot) in the R1 zone shall be deemed conforming.
(Ord. 495 § 3, 1998; Ord. 553 § 5, 2002; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
A nonconforming site improvement such as a parking lot, lighting, landscaping, a fence, etc., may be maintained until such time as it is destroyed or the use that occupies the site is abandoned.
A. 
A destroyed nonconforming improvement shall not be repaired or rebuilt unless it is done so in compliance with all current regulations.
B. 
A nonconforming improvement on a site where the use has been abandoned, shall be brought into conformance prior to the reestablishment of a use on the property.
C. 
A site that includes nonconforming improvements may be expanded or have facilities added, provided that the expansion or addition meets all current development requirements.
D. 
Nothing in this chapter shall be construed to prevent ordinary maintenance and repairs to nonconforming site improvements or corrections to improvements determined to be unsafe by the city planner.
(Ord. 495 § 3, 1998; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)
The use of land or structures which does not meet the standards of performance for said uses or the standards for equipment employed in the operation of said uses as required by this chapter, shall be brought into conformity with said standards within a period of one year from the effective date of the ordinance codified in this chapter, otherwise the nonconforming use shall be discontinued.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
The nonconforming uses and buildings which are existing under a variance or a conditional use permit granted under this chapter, or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in said permit or variance.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)
A. 
Outdoor advertising structures or billboards which do not fall within subsection B of this section, shall be subject to an amortization period of five years, provided that the city, pursuant to Business and Professions Code Section 5412 et seq., pays to the owner or owners of the structure or billboards and the owner or owners of the land upon which the structure or billboard is located just compensation for removal of the subject structure or billboard, or the parties mutually agree to relocate the structure or billboard. Nothing set forth herein shall require the payment of just compensation pursuant to Business and Professions Code Section 5412 if an outdoor advertising structure or billboard is removed because a permit, license or approval is requested for the construction of a building or structure which cannot be built without physically removing the subject structure or billboard.
B. 
Amortization of Outdoor Advertising Structures or Billboards Located in Residential Areas.
1. 
Provided all the conditions set forth in subsection (B)(3) of this section exist and provided that the city provides a notice of removal, a nonconforming outdoor advertising structure or billboard located in any residential zone of the city may be maintained for the periods of time set forth below after which they may be ordered to be removed without compensation.
Fair Market Value on Date Notice of Removal is Served
Minimum Years Allowed
Under $1,999
Two Years
$2,000 to $3,999
Three Years
$4,000 to $5,999
Four Years
$6,000 to $7,999
Five Years
$8,000 to $9,999
Six Years
$10,000 and over
Seven Years
2. 
The fair market value amounts set forth in subsection (B)(1) of this section are the January 1, 1983 base fair market values which must be adjusted each January 1st since January 1, 1983 in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs, to determine the actual fair market value of the subject nonconforming structure or billboard on the date the notice of removal is served.
3. 
The city may order the removal without compensation of any outdoor advertising structure or billboard under this section only if all of the following conditions exists:
a. 
The structure or billboard is located within an area shown as "residential" in the city general plan as of either the date the ordinance codified in this chapter was enacted or becomes applicable to the area which incorporates the provisions of this section.
b. 
The structure or billboard is not located within six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond six hundred sixty feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and
c. 
The structure or billboard is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of outdoor advertising displays.
4. 
For purposes of this chapter, the following words and phrases shall have the following meanings:
"Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the Director of Transportation of the state of California and approved by appropriate authority of the federal government.
"Just compensation" shall have the same meaning as defined in the Eminent Domain Law (Title 7, commencing with Section 1230.010, of Part 3 of the Code of Civil Procedure).
"Primary highway" shall mean any highway, other than an interstate highway, at any time officially designated as a part of the federal-aid primary system by the Director of Transportation of the state of California and approved by appropriate authority of the federal government.
"Six hundred sixty feet from the edge of the right-of-way" shall mean six hundred sixty feet measured from the edge of the right-of-way horizontally along a line normal or perpendicular to the centerline of the highway.
(Ord. 495 § 3, 1998; Ord. 862 § 2, 2022)