The purpose of this chapter is to regulate the continuation,
maintenance, expansion and abatement of lots, uses and structures,
which, although lawful at the time of construction or initiation,
do not conform to the standards of this title.
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The provisions of this chapter shall apply to lots, uses and
structures which were legally constructed or initiated but which do
not conform to the present code because of subsequent changes in land
use regulations and annexations.
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Nonconforming lots, uses, and structures may be continued, maintained,
and expanded subject only to the provisions of this chapter.
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All lots, legally created, which do not meet the minimum lot
area and dimension standards of the district in which they are located
are hereby deemed nonconforming lots.
A. Permitted
Development on Nonconforming Lots
1. Undeveloped, nonconforming lots may be used and have a structure
erected upon them, provided the development standards of the district
can be met. Such lots may be a proper subject for a variance, but
shall be considered on a case by case basis.
2. No nonconforming lot shall be reduced in area or dimensions unless a variance is granted by the Planning Commission pursuant to Chapter
16.309.
B. Development
on Nonconforming Lots in the RM Districts
In the RM (2000) and RM (3000) Districts, any lot with an area
less than the minimum required for the District may be developed only
to the RM (4000) District density, provided that any lot in any RM
District that has an area less than 8000 square feet may be developed
only with a single-family unit pursuant to the RS (8000) District
development standards.
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All structures including main buildings, accessory buildings,
walls, fences, and other structures, which do not meet the height
or setback standards, or which result in an outdoor living area less
than required or in a lot coverage or floor area more than permitted
by this title, or for which the number of parking spaces provided
is less than required, and any residential structures in commercial
and industrial districts except in the CV District, are hereby deemed
to be nonconforming structures, and the following provisions shall
apply:
A. Enlargement
and Extension of Nonconforming Structures and Permitted Reductions
in Setbacks
1. General Provisions for All Zones
No enlargement or extension shall be made to a nonconforming structure, except if otherwise specifically permitted by this title or a variance is granted pursuant to Chapter
16.309.
2. Permitted Building Additions to Nonconforming Structures in the RS,
HC, and AV Districts
Building additions to nonconforming structures that do not meet current interior setbacks, may have the same interior setbacks as established with the existing structure as noted in Chapter
16.130, provided all other development standards can be met.
3. New Construction on Single-Family Residential Property Without Required
Parking
In single-family residential districts, an existing building
may be expanded or a new accessory structure may be constructed on
a lot where the parking requirements of the district are not met,
provided the sum of the floor area of all buildings on a lot is not
increased by more than 25 percent or 1000 square feet, whichever is
less, during a period of five years or less, and if the new construction
does not occupy the only available area suitable for the required
parking and access thereto.
B. Replacement
of Nonconforming Structures
1. General Provisions for All Districts
Any nonconforming structure which is damaged may be restored
to its original condition provided that the cost of such restoration
does not exceed 50 percent of the replacement value of the structure,
as determined by the Director, and that the restoration must start
within one year from the date the damage occurred.
2. Replacement of Structures Not Meeting Lot Coverage, Floor Area or
Height Restrictions in the RS, HC and AV Districts
In the RS, HC and AV Districts, dwelling units and accessory
structures, nonconforming in that they do not meet lot coverage, floor
area or height restrictions of the district, may be reconstructed
if damaged or destroyed even if the cost of restoration exceeds 50
percent of the replacement cost of the structure, subject to the following
requirements:
a. The original structure was constructed in compliance with all applicable
codes at the time of its construction.
b. The replacement construction duplicates the size, location, and footprint
of the destroyed structure.
c. The reconstruction, if not replicating the original structure, shall be subject to architectural review pursuant to Chapter
16.300.
d. Reconstruction starts within one year from the date the damage occurred.
3. Replacement of Nonconforming Structures in the HC District
a. In the HC District, legal dwelling units and accessory structures
destroyed by natural catastrophe may be rebuilt at the previous density,
provided reconstruction starts within one year from the date when
the damage occurred.
b. Legal nonconforming fences may be maintained, repaired or replaced
provided all replacement materials are reviewed and approved by the
Director.
4. Replacement of Nonconforming Structures in the RR Districts
In the RR Districts, legal nonconforming single-family residences and accessory structures which are damaged or destroyed may be reconstructed even if the cost of restoration exceeds 50 percent of the replacement cost of the structure pursuant to Chapter
16.007, Nonconformities.
5. Reconstruction of Multifamily Housing
For reconstruction, restoration, or rebuilding of multifamily
housing, see also California
Government Code Section 65852.25.
C. Signs
Erected Prior to May 22, 1990
All signs legally erected prior to May 22, 1990 shall be treated
as conforming signs. All such signs may be continued, maintained,
and repaired so long as the sign is not expanded, structurally altered
or abandoned pursuant to Title 18.
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In the CV District, existing residential structures shall be
treated as conforming structures.
A. New
Construction on Existing Residential Lots
Where there is no commercial use of the lot in combination with
the residential use, an existing residential structure may be expanded
or a new residential accessory structure may be constructed on the
lot pursuant to the HC (7500) District development standards.
B. New
Construction on Lots With Combination of Residential and Commercial
Uses
On lots with a combination of residential and commercial uses,
the expansion of an existing residential structure or construction
of a new residential accessory structure shall require an amendment
to the conditional use permit that was originally granted when the
combined commercial and residential uses were initiated. If no conditional
use permit was required at the time of initiation, a new conditional
use permit shall be required.
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Nonconforming site development is development on any site, except
single-family residential development, where such development or building
appurtenances do not meet the standards of this title for yard landscaping,
parking lot landscaping, trash enclosures, fencing and screening,
undergrounding of utilities, and/or mechanical equipment screening.
For nonconforming site development, no building permit for a
new structure, or an addition to an existing structure which adds
25 percent or more to the floor area of an existing structure within
a five-year period, shall be issued unless plans to bring any nonconforming
site development or building appurtenance into compliance with the
standards of this title, or as near to compliance as is practically
feasible, are approved by the Director. No certificate of occupancy
shall be issued until such improvements are completed per the approved
plans.
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Nonconforming uses are those uses that were legally established
but which are not currently listed as permitted, special or conditional
uses in the district where they are located, or which currently require
a special use and development permit or conditional use permit but
at the time of their initiation did not require a special use and
development permit or conditional use permit.
A. General
Provisions for Nonconforming Uses
1. No nonconforming use shall be expanded or moved in whole or part
to any portion of the lot or parcel or other structure other than
that occupied by such use at the time it was established.
2. No nonconforming use may be changed to a different nonconforming
use.
3. If a nonconforming use is discontinued for a period of 90 days or
more, such nonconforming use shall not be re-established.
B. Abatement
of Nonconforming Uses
Abatement of nonconforming uses may be initiated by the City.
Any person may request the abatement of a nonconforming use by letter
to the Planning Commission or the City Council. If the Planning Commission
or the City Council decides to initiate the abatement, the following
procedures shall be followed:
1. Planning Commission Hearing
a. The matter shall be considered by the Planning Commission at their
next available meeting after initiation of the abatement.
b. The Planning Commission shall review the nonconforming use to determine
if the use has adverse environmental impacts and is incompatible with
the intent of this title and the General Plan. The Planning Commission
shall announce its findings by formal resolution. The Planning Commission's
recommendation shall be forwarded for consideration by the City Council.
2. City Council Decision
If the Council determines that the use has adverse environmental
impacts and is incompatible with the intent of this title and the
General Plan, the Council may require that, within five years after
the Council's decision, the nonconforming use shall cease, or be modified
to conform to this title, or where applicable, that any necessary
permits be obtained.
3. Notice
The business owner and the owner of the property where the use
is located shall be given written notice at least ten days in advance
of any proceedings and deliberation of the Planning Commission and
City Council.
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