A.
A
nonconforming use is a use of a structure or land which was lawfully
established and maintained prior to the adoption of this chapter,
but which does not conform with the use regulations for the district
in which it is located. This section is intended to limit the number
and extent of nonconforming uses by limiting their enlargement and
prohibiting their reestablishment after abandonment, and by prohibiting
the alteration of the structures they occupy and their restoration
after destruction.
B.
A nonconforming structure is a structure which was lawfully erected prior to the adoption of this chapter, but which does not conform with the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and Chapter 17.16, and by prohibiting their restoration after destruction, within a reasonable period of time.
Priorities for enforcement under this chapter shall be as follows,
in descending order of importance:
1.
Uses and structures listed under Section 17.116.070;
2.
Nonconforming uses.
(Ord. 92-73; Ord. 95-117; Ord. 96-136)
A.
A
use lawfully occupying a structure or a site on the effective date
of this chapter, or of amendments thereto, which does not conform
with the use regulations for the 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 section.
B.
A
structure lawfully occupying a site on the effective date of the ordinance
codified in this chapter, or of amendments thereto, which does not
conform with the standards of coverage, front yard, side yards, rear
yard or distances between structures prescribed in the regulations
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 section.
C.
A
sign or outdoor advertising display of any character lawfully occupying
a site on the effective date of this chapter, or amendments thereto,
which does not conform with the standards for subject matter, location,
size, lighting or movement prescribed for the district in which it
is located, shall be deemed to be a nonconforming sign or outdoor
advertising structure, and may be displayed and maintained except
as otherwise provided in this section.
D.
Routine
maintenance and repairs may be performed on a structure or site, the
use of which is nonconforming, on a nonconforming structure, and on
a nonconforming signor outdoor advertising structure.
(Prior code § 184.08(B))
Except as provided in Sections 17.116.040 through 17.116.090, no structure, the use of which is non-conforming, and no nonconforming sign shall be moved, altered or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
(Prior code § 184.08(C))
No nonconforming structure or site shall be altered or reconstructed so as to increase the amount of floor space or the discrepancy between existing conditions and the standard of coverage, front yards, side yards, rear yards, height of structure or distances between structures prescribed in the regulations prescribed for the district in which the structure is located, or substantially modify the site, except as may be permitted through the granting of a conditional use permit under the provisions of Chapter 17.112. With the exception of single-family dwellings, the modest expansion of a nonconforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed 25% of the existing floor area of the structure. Single-family dwellings may be expanded subject to the following limitations:
A.
Expansion
of single-family dwellings up to 50% of the existing floor area of
the structure shall be permitted subject to approval of any administrative
approval application;
B.
Expansion
of single-family dwellings in excess of 50% of the existing floor
area of the structure shall be permitted subject to approval of a
conditional use permit;
C.
In
no case shall an expansion be approved that results in a single-family
dwelling of more than 2,000 square feet of living area.
(Prior code § 184.08(D); Ord. 21-418 § 18)
Whenever a nonconforming use has been abandoned, discontinued
or changed to a conforming use for a continuous period of six months,
the nonconforming use shall not be reestablished, and the use of the
structure or site thereafter shall be in conformity with the regulations
for the district in which it is located.
(Prior code § 184.08(E))
Whenever a nonconforming structure and/or site has been abandoned
or discontinued for a continuous period of six months, the nonconforming
structure and/or site shall not be reestablished until the structure
and/or site conform to the regulations and site improvements for the
district in which it is located.
(Ord. 18-384 § 1)
A.
Whenever
a nonconforming use, or a nonconforming structure shall be destroyed
by fire or other calamity, or by an act of God or by the public enemy
to the extent of less than 60%, the structure may be restored, the
nonconforming use may be resumed, provided that restoration is started
within six months and diligently pursued to completion. The extent
of damage to any structure shall be determined by the building official,
and shall be based upon the ratio of the estimated cost of restoring
the use or structure to its condition prior to such damage to the
estimated cost of duplicating the entire structure as it existed prior
thereto.
B.
Whenever
a nonconforming use or a nonconforming structure shall be destroyed
by fire or other calamity, or by an act of God or by the public enemy
to the extent of 60% or more, or shall be voluntarily razed or shall
be required by law to be razed, the structure shall not be restored
except in full conformity with the regulations for the district in
which it is located, and the nonconforming use shall not be resumed.
C.
Notwithstanding subsections A and B above, whenever a single-family dwelling which is a non-conforming use shall be destroyed by fire or other calamity, the record owner of the structure may apply for a building permit for the restoration under the following circumstances:
1.
The restoration shall be started within six months of the destruction
of the dwelling and diligently pursued to completion.
2.
The restored single-family dwelling shall not exceed the size of
the destroyed dwelling.
3.
An administrative approval application must be obtained prior to
restoration.
4.
Except as provided above, the single-family dwelling shall meet all property development standards in Section 17.32.050.
5.
The requirement for new development to utilize the public sewer system
shall not apply when existing, adequate, and functioning on-site sewage
systems are available to dwellings not able to be served by the public
system. Such on-site systems may be rebuilt in the event of calamity
or destruction as described in this chapter.
(Prior code § 184.08(F))
A.
The
following nonconforming uses and structures shall be discontinued
and completely removed or altered and converted to a conforming status
within five years after the effective date of this chapter:
B.
A
nonconforming home occupation shall be discontinued within one year
of the adoption of this chapter.
C.
Uses
permitted only within an R or RM zone district which are located in
a C or I zone district, and uses permitted only within a C or I zone
district which are located within an R or RM zone district shall be
completely removed or altered and converted to a conforming status
upon abandonment of the previous use for six months or more. When
a nonconforming use is removed, every future use shall be in conformity
with the provisions of this chapter. Repairs necessary to maintain
a nonconforming use and other maintenance (excluding signs), not exceeding
an assessed valuation of $2,500, shall not be construed as lengthening
the useful life of the nonconforming use.
D.
Fences, walls and hedges which do not conform to the provisions of this chapter and Chapter 17.16 governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification by the community development department, be removed or made to conform.
(Prior code § 184.08(G); Ord. 23-449, 11/13/2023)
Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of Section 17.116.090 in respect thereto.
(Prior code § 184.08(H))
A.
All on-site signs (not subject to the Outdoor Advertising Act) which are nonconforming as their use, placement or size shall be removed or altered to become conforming to this code within five years after the effective date of this amendment, except as provided in subsection B below.
B.
Regulations
pertaining to nonconforming off-site outdoor advertising signs shall
be set forth by the Outdoor Advertising Act as codified in the State
Business and Professions Code, commencing with Sections 5200 et seq.,
as may be amended from time to time.
(Prior code § 184.08(I))
If any land, right-of-way or easement be taken by eminent domain,
or be granted to the condemn or under actual threat of suit in eminent
domain, the following provisions and exceptions shall apply:
A.
If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of Section 17.08.030, and any existing building or structure thereon shall be deemed to be nonconforming.
B.
If
a required yard is reduced or eliminated thereby, any affected building
or structure shall be deemed nonconforming; provided, however, that
such building or structure may be structurally altered or enlarged
as long as such alterations or enlargements comply with all other
requirements of the zoning district.
(Prior code § 184.08(J))
Except as otherwise set forth in this chapter, the nonconforming
use of a structure or site may be changed to another nonconforming
use, provided the change of use is approved by the planning commission
in accordance with the following procedure:
A.
An
application for a change of use shall be made to the commission on
a form prescribed by the commission, which form shall include the
following data:
B.
The
application shall be filed with the planning department. Notice shall
be given to the applicant of the time when the application will be
considered by the council, and notice may be given of the time to
any other interested party.
C.
The commission shall hold a public hearing on an application for a change of use. Notice of the hearing shall be given not less than 10 days, nor more than 30 days prior to the date of the hearing in the manner set forth in Chapter 17.112.
D.
The
planning director shall make an investigation of the application and
shall prepare a written report thereon, which report shall be submitted
to the commission. The commission shall consider the report of the
director before taking action on the application.
E.
The
commission may grant an application for a change of use if, on the
basis of the application and the evidence submitted, the commission
makes the following findings:
1.
That the proposed use is classified in a more restricted category
than the existing or pre-existing use by the district regulations
of this chapter. The classification of a nonconforming use shall be
determined on the basis of the district in which it is first permitted;
provided, however, a conditional use shall be deemed to be in a less
restrictive category than a permitted use in the same district;
2.
That the proposed use will not more adversely affect the character
of the district in which it is proposed to be located than the existing
or pre-existing use;
3.
That the proposed use will not create more vehicular or rail traffic
than the volumes created by the existing or pre-existing use;
4.
That the proposed use will not create more odor, dust, dirt, smoke,
noise, vibration, illumination, glare, unsightliness or any other
objectionable influence than the amount created by the existing or
pre-existing use;
5.
That the proposed use will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements
in the vicinity.
F.
The
planning commission may grant an application for a change of use for
a limited time period, or subject to such conditions as the commission
may prescribe. The commission may deny an application for a change
of use.
G.
An
action of the commission granting an application for a change of use
shall become null and void six months following the date of the action
unless, prior to the expiration of six months, a building permit is
issued and construction is commenced and diligently pursued toward
completion on the site which was the subject of the application. The
action of the commission may be made effective for an additional six
months if, within six months of the original application, an application
to continue the action in effect is made to the commission. The commission
may grant or deny an application to continue its action in effect.
H.
An
action of the commission granting an application for a change of use
subject to conditions shall be revoked by the commission for lack
of compliance with any of the conditions.
I.
Following
the date of denial of an application for a change of use or the revocation
of an action of the commission granting an application, no application
for the same or substantially the same structure, or on the same or
substantially the same site shall be filed within six months of the
denial of the application or the revocation of the action of the commission.
(Prior code § 184.08(K))
Except as otherwise provided in this chapter, a site having
an area, frontage, width or depth less than the minimum prescribed
for the district in which the site is located, which is shown on a
duly approved and recorded subdivision map, or for which a deed or
valid contract of sale was of record prior to the adoption of this
chapter, and which had a legal area, frontage, width and depth at
the time that the subdivision map, deed or contract of sale was recorded
may be used for any permitted use listed for the district in which
the site is located, but shall be subject to all other regulations
for such district.
(Prior code § 184.08(L))
