Nonconforming uses, buildings, structures, signs and lots may
be continued subject to the provisions of this chapter.
(Ord. of 2-22-2011(1))
The lawful use of land existing on July 1, 1982, although such
use does not conform to the provisions of this chapter, may be continued
for a period of twenty years from July 1, 1982. A 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
nonconforming 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. of 2-22-2011(1))
A.
Maintenance.
A nonconforming use of a structure or building may be maintained indefinitely
in the original condition except as otherwise provided in this chapter.
B.
Change
of Nonconforming Use. A nonconforming use may be changed to similar
use allowed in the most restrictive zoning district which would permit
the existing use or to a use allowed in a more restricted zoning classification.
When a use is changed to a use permitted in a more restrictive zoning
classification and the use shall not subsequently be changed to a
use not permitted in the more restrictive zoning classification. No
change of use will be permitted if the new use proposed requires a
use permit.
C.
Expansion.
A nonconforming use shall not be expanded.
D.
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 street 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.
E.
Discontinuance.
No nonconforming use of a structure shall continue if the use has
been discontinued for six consecutive months or for twelve 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.
F.
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 pre-damaged
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 pre-damaged size and number of units is
maintained. Reconstruction of such units in an area zoned as industrial
shall be prohibited.
(Ord. of 2-22-2011(1))
A.
Maintenance.
A nonconforming structure or building may be maintained indefinitely
in the original condition except as otherwise provided in this chapter.
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 nonbearing walls,
fixtures, wiring and plumbing to an extent not to exceed ten 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 code enforcement official or other city or state officer by reason
of statute or ordinance shall not be included within the ten 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 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 pre-damage size and number of units is maintained.
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Reconstruction of such units in an area zoned as industrial
shall be prohibited.
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E.
Relocation.
If a nonconforming building is moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the zoning
district in which it is located.
(Ord. of 2-22-2011(1))
A.
A nonconforming
lot shall not be reduced in area or width.
B.
Any
conforming use or conforming structure on a nonconforming lot may
not be enlarged, extended or reconstructed.
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:
1.
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, so long as all setback requirements are provided.
D.
If
two or more lots or combination of lots or portion of lots with continuous
frontage 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 said 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 requirements stated in this title.
(Ord. of 2-22-2011(1))
Notwithstanding the provisions of Sections 17.80.020 and 17.80.030, upon a written complaint filed with the planning director by any 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 vibrations, or through the conduct of its operations has become a persistent police problem, the planning director may refer the matter to the planning commission and the planning commission may, after a public hearing thereon, order the removal of the nonconforming use subject to the city's obtaining a coastal development permit(s) for such removal or demolition. 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 17.82.030.
(Ord. of 2-22-2011(1))
