The intent of this chapter is to allow reasonable continuation of existing uses and buildings which are rendered nonconforming by the adoption of this ordinance or subsequent amendments to the zoning ordinance.
(Ord. 765-94 § 2 (Exh. A))
The provisions of this chapter shall apply to all legally constructed existing buildings, structures and uses which are nonconforming or become nonconforming due to subsequent amendments to the zoning map or regulations. This includes buildings, structures and uses for which a variance or special use permit has been granted.
(Ord. 765-94 § 2 (Exh. A))
A.
A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this chapter, that does not conform with the use regulations or the site area per dwelling unit regulations for the zone district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 4)
A.
Additions which do not exceed fifty percent of the total square footage of the original legally existing nonconforming single-family dwelling unit, two-family residence, or multifamily residences may be made without requiring any additional garage, carport, automobile storage space or driveway paving, provided that such addition complies with the following:
1.
That such addition does not increase the number of dwelling units on the property;
2.
That such addition does not increase the number of families that can be housed in such structure;
3.
That such addition does not occupy the only portion of the lot which can be used for required garages, carports, automobile storage space or access thereto; and
4.
The size of the addition or the combined total area of all additions made to the originally approved dwelling or dwellings does not exceed fifty percent of the square footage of the habitable area of the originally approved dwelling or dwellings.
B.
Expansion of a legally existing nonconforming single-family dwelling unit or two-family residence shall be subject to the following additional standards:
1.
Additions in habitable living area which exceed a cumulative total of fifty percent of the original total square footage of an existing single-family dwelling unit, two-family residence, or multifamily residences shall be made to conform to all parking regulations of this code. Existing and proposed square footage devoted to a carport, garage or other parking structures shall not be counted towards the square footage of the proposed addition or existing structures.
2.
Additions which do not exceed a cumulative total of one hundred square feet may be made to a legally existing nonconforming duplex or multiple-family dwelling for the purpose of providing space for laundry facilities, maintenance equipment, bicycle storage or similar storage area for use by all residents of the property. Such additions shall not be used for the purpose of increasing the living area of any existing dwelling unit. Additions to legally existing nonconforming single-family, two-family and multiple-family residences, except as provided for herein, shall conform to the underlying development standards of the zone in which they are located.
C.
Structural alterations or enlargements may be permitted through the special use permit process, to existing religious facilities which are located in the R-1 or R-2 zones, provided that the cumulative square footage of such additions or alterations shall not exceed twenty-five percent of the total square footage of the existing structure, legally in existence on the effective date of the ordinance codified in this chapter, and that such additions or alterations are in compliance with applicable zoning and building code requirements.
D.
A directly related incidental activity which is substantially necessary for a nonconforming commercial or industrial use, may be expanded on to the same property, or on to adjacent property which is in the same zone as the existing nonconforming use, provided that such expansion is solely for the purpose of accommodating such incidental activity, and provided that such incidental activity by itself, would otherwise be permitted in such zone.
E.
For nonconforming single-family dwelling units, two-family residences, or multifamily residences with no off-street parking the following shall apply:
1.
Additions which do not exceed a cumulative total of fifty percent of the total square footage of the original legally existing nonconforming single-family dwelling unit, two-family residence, or multifamily residences may be made only with the approval of the community development director. The community development director shall determine if it is physically possible to locate parking on site without relocating or demolishing all or a portion of the existing residential structure and may require that the property provide automobile storage for the dwelling or residence, albeit without fully complying with the city's current parking requirements. Such additions may be approved if the applicant has paid the appropriate filing fee, in an amount established by the city council by resolution, as amended from time to time, and all of the following findings are made by the director:
a.
That the addition does not exceed a cumulative total of fifty percent of the total square footage of the original legally existing nonconforming single-family dwelling unit, two-family residence, or multifamily residence.
b.
That the property as currently developed is legally nonconforming with no off-street parking spaces as required by Chapter 17.72 of this code.
c.
That the plans submitted by the applicant demonstrate that, because of the existing location of structures and applicable laws, the property is unable to comply with current applicable parking requirements.
d.
That community development staff has completed a preliminary inspection of the property and staff has verified compliance with all findings required by this section and development standards.
e.
That the applicant is the owner of the property or, if the applicant is a tenant, the applicant has written permission to build the requested addition from the owner.
2.
Additions in habitable living area which exceed a cumulative total of fifty percent of the original total square footage of an existing single-family dwelling unit, two-family residence, or multifamily residences shall only be approved if the property will conform to all parking regulations of this code. Existing and proposed square footage devoted to a carport, garage or other parking structures shall not be counted towards the "habitable living area" square footage of the proposed addition or existing structures.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 5; Ord. 1081-12 § 1)
A.
The term "discontinuance" in any tense or form, as used in this chapter, shall be deemed to mean the abandonment of a nonconforming use. The cessation from the active participation in a nonconforming use for a period of one hundred eighty days or more or change of nonconforming use to a conforming use shall conclusively be presumed to constitute the abandonment of such nonconforming use, and any future use shall thereafter conform to the regulations of the zone district in which it is located.
B.
The planning commission may grant extensions to the one hundred eighty-day period specified in this section upon the submission of a written application seeking the same and upon submission of such evidence and circumstances which would warrant a finding that circumstances beyond the control of the owner have caused the temporary cessation of the nonconforming use. Such circumstances could include, but are not limited to, probate, bankruptcy, liens, foreclosure and litigation proceedings.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 6)
A.
When a new commercial or industrial use is proposed to be located in a structure which was last occupied by a nonconforming use, said new use shall either be: (1) a conforming use or (2) another nonconforming use which has been found, on the whole, by the community development director, to be no more nonconforming in its use and to have no more of an impact on surrounding neighborhood than the prior nonconforming use.
B.
In order for the community development director to make such a determination, a written application for such shall be completed (on a form provided by the city), by the proposed occupant.
Said application form shall contain such information as deemed necessary by the community development director, to evaluate the prior and proposed uses.
C.
In making a determination whether to permit the proposed new nonconforming use, the community development director shall consider such factors as, but not limited to, number of employees per shift, number of shifts, hours of operations, number and time of deliveries, noise, odor, illumination, vibration and parking requirements.
(Ord. 765-94 § 2 (Exh. A))
A.
A structure lawfully occupying a site on the effective date of the ordinance codified in this chapter that does not conform with the standards for front yards, side yards, rear yards, height or floor area of structures, driveways or open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.
B.
Routine maintenance and repairs may be performed on a nonconforming building.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 7)
While a nonconforming building exists on any lot, no other building shall be constructed even though such other building would otherwise be a conforming building except as provided in this chapter.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 8)
A.
Except as otherwise provided by this chapter, no commercial or industrial buildings, structure or improvement shall be added to or enlarged in any manner, unless such existing building, structure or improvement, and all other existing buildings, structures or improvements on the same property conform in every respect with all the provisions required for the zone in which such property is located, and with all building, electrical and plumbing code requirements then in effect.
B.
Unless otherwise specifically provided in this chapter, nonconforming commercial or industrial buildings may not be enlarged or structurally altered, unless an enlargement or structural alteration makes the building more conforming, or is required by law.
C.
Exceptions.
1.
Structural alterations or enlargements may be permitted by the community development director, if necessary to adapt a nonconforming commercial or industrial building or buildings to new technologies or equipment pertaining to the existing uses housed in such building or buildings.
2.
Signs in compliance with the sign regulations of this chapter may be permitted by the community development director, provided that all other signs on the property are in compliance with the applicable code requirements.
3.
Additions may be made to legally existing nonconforming dwelling units in all commercial and industrial zones where all of the following conditions are met:
a.
The residential units are detached single-family dwellings or duplexes only;
b.
Such dwelling units are the primary principal use on the property and not accessory to commercial or other uses;
c.
That all additions shall not exceed fifty percent of the total square footage of the original existing structures, legally in existence at the time of the adoption of the ordinance codified in this chapter;
d.
All additions shall not increase the number of dwelling units on the property.
The purpose of this subsection is to encourage the continuation of such residential uses without increasing residential densities, and to not interfere with the owner's ability to transfer the property and finance improvements to the property. This policy shall be communicated to any interested parties who may inquire. |
4.
Additions to commercial or industrial buildings may be permitted, provided that cumulative square footage of such additions shall not exceed twenty percent of the total square footage of the original existing structures, legally in existence at the time of the effective date of the ordinance codified in this chapter, and that such additions are in compliance with applicable zoning and building code requirements.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 9)
A.
A nonconforming commercial, industrial or residential building damaged or partially destroyed may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction or damage may be continued, provided the damage does not exceed fifty percent of its fair market value at the time of its destruction by fire, explosion, flood, or other casualties or acts of God or the public enemy, subject to all other provisions of this chapter. Such value to be determined by the planning commission which shall receive, consider and evaluate any evidence provided in an appraisal provided by an appraiser licensed by the state of California and recognized by Federal National Mortgage Association, who is a member of the American Society of Appraisers and/or the American Institute of Real Estate Appraisers, and approved by the city. In any such evidence provided to the planning commission, a minimum of three comparable sales within the one-year period prior to such partial destruction or damage shall be used to establish the fair market value of the damaged building.
B.
Notwithstanding subsection A, any nonconforming multifamily dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event or the public enemy, may be reconstructed, restored or rebuilt up to its predamaged size and number of dwelling units, and the occupancy or use of such dwelling or part thereof which existed at the time of such destruction or damage may be continued, regardless of the amount of damage to the dwelling. For the purposes of this section, "multifamily dwelling" is defined as any structure designed for human habitation that is divided into two or more independent living quarters.
1.
Restrictions on Building. Any reconstruction, restoration, or rebuilding undertaken pursuant to this subsection shall conform to all of the following:
a.
The California Building Standards Code in effect at the time of reconstruction, restoration or rebuilding;
b.
Any more restrictive building standards set forth in this code, if authorized pursuant to Heath and Safety Code Sections 13869.7, 17958.7 and 18941.5 at the time of reconstruction, restoration or rebuilding;
c.
The State Historical Building Code, (Health and Safety Code Section 18950, et seq.,) for work on qualified historical buildings or structures;
d.
All city zoning regulations, although the predamage size and number of dwelling units shall be allowed to be maintained;
e.
Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained;
f.
A building permit which shall be obtained within two years after the date of the damage or destruction.
2.
Exceptions. This subsection shall not apply if the city determines that:
a.
The reconstruction, restoration or rebuilding will be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood.
b.
The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted.
c.
The building or structure is located in an industrial zone.
C.
A nonconforming existing religious facility which is located in the R-1 or R-2 zone which is damaged or destroyed may be restored to the occupancy or use of such religious facility or part thereof which existed at the time of such destruction or damage may be continued. Any reconstruction may not exceed the square footage that was damaged or destroyed and must comply with building code requirements applicable to new construction.
D.
Residential buildings located in any R-zoned district, that do not conform to the standards for setbacks, height of structure, distance between structures, maximum building floor area, open space, or lot area per unit, which are damaged or destroyed by fire, explosion, flood, or other casualties or acts of God or the public enemy, may be restored and the residential occupancy of such buildings or part thereof which existed at the time of such damage or destruction may be continued. Any reconstruction may not exceed the square footage that was damaged or destroyed and must comply with building code requirements applicable to new construction.
E.
Any building permit sought pursuant to this section must be obtained within two years of the damage or destruction, and the reconstruction, restoration or rebuilding must be completed within eighteen months from the issuance of the building permit. If the reconstruction, restoration or rebuilding is not completed before the building permit expires, any future use shall conform to the regulations of the zone in which the property is located.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 10; Ord. 1005-07 §§ 1—3)
A.
Nonconforming uses and structures may continue as long as they comply with the requirements of the city, state and federal law regarding their operations, and such property is maintained (including all structures and landscaping) in a neat and orderly manner at all times without creating a nuisance to the use and enjoyment of adjacent property. If these conditions are not met (as evidenced by three written notices to the property owner to correct a problem or problems within one calendar year), the city council shall follow the procedures set forth in Chapter 8.24 of this code for the abatement of nuisances and shall establish a formal abatement schedule for the use or the structure in question. The abatement schedule shall not be less than one year from the date that formal notice is given by the city council, to the property owner.
When establishing the abatement schedule, the city council shall consider the type of construction, age, condition and extent of nonconformity of the structure or use in question.
B.
Pursuant to Ordinance No. 473-84, trailer parks that were in existence on or before July 1, 1984, and which obtained the zone exception required by such ordinance, shall by the provisions of such ordinance be abated within fifty years of the effective date of such ordinance.
(Ord. 765-94 § 2 (Exh. A); Ord. 960-06 § 11)
A.
Notwithstanding any other provisions of this code, or this title or the subdivision regulations of the city, which relate to minimum lot areas, any lot or parcel of land which has less than the required lot area as set forth in this title and Title 16, and which was illegally created prior to April 17, 1980, may be developed and/or used as permitted by the zoning regulations provided that such development and/or use is authorized by a lot size exception.
B.
A lot size special exception may be granted when it is found that the present owner of an under-sized and illegally created lot was neither responsible for, nor aware at the time the lot was acquired, of the fact of the illegal creation of the lot and further that permitting the establishment, alteration, enlargement, occupancy or use will not be detrimental to the value of adjacent property, or to the public health, safety and general welfare. The lot size special exception may be subject to any conditions as are determined to be necessary to ensure the public health, safety and general welfare. As a part of the granting of a lot size special exception, setback modifications, lot coverage modifications, parking modifications, and the like, which are necessary to the establishment, alteration, enlargement, occupancy or use, and are consistent to the protection of the public health, safety and general welfare, may be specifically granted.
(Ord. 765-94 § 2 (Exh. A))