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.
B. The nonconforming use of a structure or site shall not be changed to another nonconforming use except as provided in Section
17.20.060 of 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.
D. Any decision of the community development director made under this section may be appealed to the planning commission. Any such appeal shall be made by following the procedures and fees for the filing of a special use permit application, pursuant to Chapter
17.28 of this code.
(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:
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.
C. No lot size special exception may be granted until after a public hearing has been held thereon. The procedures for noticing, public hearing and actions shall be conducted in the same manner as prescribed for special use permits, pursuant to Chapter
17.28 of this code.
(Ord. 765-94 § 2 (Exh.
A))