Note: Prior code history: Prior code §§ 30-503,
30-503.1—30-503.6.
Nonconforming uses, buildings, structures, signs and lots may
be continued subject to the provisions of this chapter.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
means a lawful use existing on the effective date of a zoning
ordinance and continuing since that time in nonconformance to the
ordinance.
means a building or structure that does not conform because
of its size, type of construction or location on the land or proximity
to other buildings.
means the building conforms but the use of the building is
not permitted.
means where neither the building nor the use conforms to
these regulations.
means where there are generally no buildings or structures
involved, and the use of land is nonconforming.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
A.
Maintenance.
A nonconforming structure or building which was lawful prior to May
1, 1973, although such structure/building does not now conform to
the provisions of this chapter, may only be maintained in its original
condition, except as otherwise provided herein.
B.
Enlargement
or Alteration. No nonconforming building may be enlarged or altered
in any way which increases its nonconformity.
C.
Repairs.
Repairs of an ordinary nature may be made in any period of twelve
consecutive months including repair or replacement of non-bearing
walls, fixtures, wiring and plumbing to an extent not to exceed fifty
percent of the market value of the building as determined by the county
assessor on the last equalized assessment roll. Work which is required
to strengthen or to restore the building to a safe condition, as determined
and ordered by the building inspector or other city or state officer
by reason of statute or ordinance, shall not be included within the
fifty percent limitation.
D.
Damage
or Destruction. If a nonconforming structure is destroyed by any means
to an extent of more than fifty percent of its market value, as determined
on the last equalized assessment roll at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this chapter. Where a legally non-conforming two-family or multiple
dwelling use is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy, it may be considered for
restoration, reconstruction or rebuilding subject to the following
criteria:
1.
The
dwelling may be reconstructed, restored or rebuilt up to its predamaged
size and number of dwelling units, and its nonconforming use, if any,
may be resumed.
2.
The
project shall be subject to issuance of a building permit within two
years of the date of destruction and shall comply with those California
Building Standards and any other local building standards authorized
under the Health and Safety Code in effect at the time of restoration.
3.
The
project shall be in compliance with the State Historical Building
Code for work on qualified historical buildings or structures.
4.
The
project shall otherwise be constructed in compliance with city zoning
ordinances so long as the predamage size and number of units is maintained.
Reconstruction of such units in an area zoned as industrial shall
be prohibited.
E.
Signs.
Identification signs and associated sign structures for buildings
may remain unless the building is abandoned for more than six months,
in which case any and all signs shall be removed. Nonconforming off-site
signs or sign structures may be continued for a period of ten years
from January 1, 1983, at which time such off-site sign structures
shall be removed.
F.
Relocation.
If a nonconforming building is moved any distance, for any reason
whatsoever, it shall thereafter conform to the regulations for the
zoning district in which it is located.
(Ord. 695 § 2, 2003)
A.
Maintenance.
A nonconforming use of a building which was lawful prior to May 1,
1973, although such use does not now conform to the provisions of
this chapter, may only be maintained in its original condition, except
as otherwise provided herein.
B.
Expansion.
A nonconforming use of buildings shall not be expanded in any manner
which would increase its nonconformity.
C.
Signs.
Identification signs may be permitted on structures or buildings housing
a nonconforming use; provided such signs are mounted on the wall of
the building parallel to the front or side property line, and shall
not project more than twelve inches from the wall of the building;
and provided further, that the total sign areas shall not exceed one
square foot for each linear foot of building facing a public road
or street.
D.
Discontinuance.
No nonconforming use of a building shall continue if the use has been
discontinued for twelve consecutive months or for eighteen months
during any consecutive thirty-six months. When such discontinuance
has occurred, the premises or structure shall only be used for the
purposes allowed in the zoning district in which it is located.
E.
Damage
or Destruction. Where a structure containing a nonconforming use is
destroyed by any means to an extent of more than fifty percent of
its market value, as determined by the county assessor on the last
equalized assessment roll, it shall not resume its nonconforming use
but may be restored and used in conformity with the provisions of
this title. Where a legally non-conforming two-family or multiple
dwelling use is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy, it may be considered for
restoration, reconstruction or rebuilding subject to the following
criteria:
1.
The
dwelling may be reconstructed, restored or rebuilt up to its predamaged
size and number of dwelling units, and its nonconforming use, if any,
may be resumed.
2.
The
project shall be subject to issuance of a building permit within two
years of the date of destruction and shall comply with those California
Building Standards and any other local building standards authorized
under the Health and Safety Code in effect at the time of restoration.
3.
The
project shall be in compliance with the State Historical Building
Code for work on qualified historical buildings or structures.
4.
The
project shall otherwise be constructed in compliance with city zoning
ordinances so long as the predamage size and number of units is maintained.
F.
Reconstruction
of such units in an area zoned as industrial shall be prohibited.
(Ord. 695 § 2, 2003)
A.
Maintenance.
A nonconforming use of a nonconforming building which was a lawful
use prior to May 1, 1973, although such use does not now conform to
the provisions of this chapter, may only be maintained in its original
condition, except as otherwise provided in this chapter.
B.
Expansion,
Enlargement or Alteration. A nonconforming use of a nonconforming
building, and the nonconforming building, shall not be enlarged, expanded
or altered in any manner which would increase or cause to continue
its nonconformity.
C.
Repairs.
A nonconforming building containing a nonconforming use may be repaired
in a manner which complies with the applicable construction and public
safety regulations or codes. Repairs made in any twelve-month period
which cost in excess of fifty percent of the market value of the building
shall be classified as an alteration and conform to the requirements
hereinabove.
D.
Damage or Destruction. Same as Section 17.50.030(D).
E.
Signs. Same as Section 17.50.030(E).
F.
Relocation. Same as Section 17.50.030(F).
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
The lawful use of land existing on May 1, 1973, although such
use does not conform to the provisions of this chapter, may be continued.
A conforming use of land which becomes nonconforming due to reclassification,
change of ordinance, or annexation, may be continued for a period
of twenty years from the date the use becomes nonconforming, except
that a legally established non-conforming two-family and multiple
dwelling use may be continued for a period of thirty years unless
located within an area of industrial zoning. No nonconforming use
of land shall be enlarged, increased or extended to occupy a greater
area of land than was occupied when it became nonconforming.
(Ord. 695 § 2, 2003)
A.
A nonconforming
lot shall not be reduced in area or width.
B.
Any
conforming use or conforming structure on a nonconforming lot may
be enlarged, extended, reconstructed or moved so long as other requirements
of this title are met.
C.
A nonconforming
lot to be used for residential purposes shall be subject to the density
requirements of such zoning district in which it is located, except
that a single-family dwelling and customary accessory buildings may
be erected on a nonconforming lot located in any district in which
a single-family dwelling is permitted.
D.
If
two or more lots or combination of lots or portion of lots with continuous
frontage in single ownership do not meet the requirements established
for lot width or area, the land involved shall be considered to be
a single building site for purposes of this section, and no portion
of the building site shall be used or sold in a manner which diminishes
the degree of compliance with lot width and area requirements, nor
shall any division of any building site be made which creates a lot
width or area below the requirement stated in this title.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
Notwithstanding any provisions of this chapter to the contrary,
where a nonconforming use is composed of an integrated use of land
and buildings operated as a single unit, enlargement or expansion
of the existing buildings may be made, or a more intensive use of
the land and building may be made to the extent permitted by the planning
commission, following the required public hearings, notice of which
shall be given as required for proposed rezonings of property. Such
uses shall be considered as a single unit when the main structure
or structures contain not less than one thousand square feet, and
the use of open land abutting the structures is clearly evident as
being an integral part of the operations. Expansion, enlargement or
intensifications of use shall be confined to the property of the original
nonconforming use, and the commission may impose such conditions or
limitations as it may determine necessary to observe the spirit of
this chapter and to protect the public safety and welfare.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
Notwithstanding the provisions of Sections 17.50.030, 17.50.040, 17.50.050 and 17.50.060, upon a written complaint filed with the director of public works by an aggrieved person alleging that a nonconforming use of land or structures has become a public nuisance through decline in appearance, or through emissions of noise, smoke or vibration, or through the conduct of its operations has become a persistent police or fire problem, the planning director may refer the matter to the planning commission and the planning commission may, after the required public hearing, order the removal of the nonconforming use. The planning commission may initiate such proceedings upon its own motion for any of the above-described causes. The procedure for notice, hearing and appeal shall be as set forth in Section 17.56.020.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988; Ord. 631 Exh. A, 1989)
