The purpose of this chapter is to govern the application of
this title to structures, uses and parcels which were in conformance
with zoning regulations when constructed, created or established,
but which no longer comply as a consequence of the adoption of this
title, or any subsequent amendments thereto.
(Prior code § 9400; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993)
A.
Any
structure which was lawfully erected and which does not conform to
the current design and development standards or lot development criteria
of this title may be continuously maintained and shall be treated
in all respects as though in full compliance with this title.
B.
Additions to structures described in subsection A of this section, and repairs and renovations to such structures, may be made subject to the same regulations as apply to structures which are in full compliance with this title.
C.
Any structure described in subsection A of this section, may be remodeled, or may be reconstructed in the general location and to the same height as it existed prior to damage or destruction, subject to obtaining planning verification and provided that the application for the reconstruction is initiated with the city within six years of the date of damage or destruction, and a building permit is diligently pursued and obtained within eight years from the date of damage or destruction and has not expired. A request for an extension of time to the six-year or eight-year periods may be granted by the planning commission where it finds, based on substantial evidence, that due to unusual circumstances, strict compliance with the six- or eight-year limit creates an undue hardship. Extensions may not total more than nine years. Any reconstruction shall extend the termination date described in Section 17.60.040 for the use operating within such a structure.
D.
Unreinforced
masonry buildings constructed prior to 1933 which must be altered
or demolished, because of state or local requirements to add seismic
strengthening to existing buildings, may be reconstructed regardless
of any noncompliance with the standards of this title, provided such
reconstruction is permitted by the building code.
E.
Modifications
of the original structure design may be permitted at the discretion
of the planning director in the following areas:
1.
Increases to the original structure square footage, provided the resulting total development square footage does not exceed the provisions of Section 17.40.040, except as allowed in subsection (E)(4) of this section;
2.
Modification
to the original structure setbacks, provided the proposed setbacks
do not further reduce the original setback, unless otherwise recommended
for geotechnical and safety purposes;
3.
Increases
in original building height, provided the proposed structure does
not exceed eighteen (l8) feet;
F.
Any structure described in subsection A of this section that was damaged or destroyed by the 2018 Woolsey Fire may be permitted, at the discretion of the planning director through approval of a planning verification, to increase the square footage, height or bulk permitted by this title by 10% of the existing or previously existing square footage, height or bulk of the structure. Increased height shall not exceed 18 feet, unless a site plan review is obtained, and increased square footage shall not exceed the limits of Section 17.40.040(A)(13).
(Prior code § 9401; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993; Ord. 104 §§ 4, 5, 1993; Ord. 111 § 6, 1994; Ord. 124 § 3,
1994; Ord. 445 § 6, 2018; Ord. 476 § 3, 2020)
A parcel legally created and existing as of March 26, 1993 regardless
of size may be used for any purpose permitted in the zone district,
provided that such use or any new construction complies with the requirements
of this code.
(Prior code § 9402; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993)
A.
Uses
which were lawfully established prior to March 26, 1993, and which
are no longer permitted or which require a discretionary permit as
a result of adoption of this title, or any subsequent amendment thereto,
may be continuously maintained, subject to the provisions of this
section.
B.
Uses described in subsection A of this section which are discontinued shall not be resumed. Discontinuance occurs where the use has ceased operating for a period of 180 days, or has changed so as to be in compliance with this title, or where the structure used for the use has been removed or destroyed.
C.
Uses described in subsection A of this section shall be discontinued and removed from their sites within the following timetable, unless an earlier termination date is provided for in any discretionary permit governing the use, or unless extended as provided in subsection E of this section:
1.
Where the property is unimproved except for structures of a type for which Chapter 15.04 (Building Code) of this code does not require a building permit, three years.
2.
Where
the property is unimproved except for structures which contain less
than 100 square feet of gross floor area, or where such structures
have a total market value of $500 or less as reflected by the current
assessment roll, three years.
3.
Where a use described in subsection A of this section is carried on in a structure that can be adapted for any permitted or conditionally permitted use in the zone in which structure is situated, five years, except where the provisions of subsection (C)(2) of this section.
4.
In
other cases, 20 years from March 26, 1993, or the effective date where
later, of the ordinance or amendment to this title rendering a use
out of compliance with this title.
D.
Uses described in subsection A of this section, and the portion of any structure housing such uses, shall not be enlarged, expanded, or intensified, unless compelled to do so by law.
E.
Extension
of Amortization Schedule or Substitution of Use.
2.
Filing.
The department may accept such filing either before or after the date
of expiration, but in the latter event no more than 60 days after
notification is received from the city of the expiration of the amortization
period.
3.
Application
and Procedure. Except as specifically provided in this section, the
application and all procedure relative to notification, public hearing
and appeals shall be the same as for a conditional use permit.
4.
Burden
of Proof. In addition to the information required in the application,
the applicant shall substantiate to the satisfaction of the commission
the following facts:
a.
That to require cessation of such use would impair the property rights
of any person to such an extent as to be an unconstitutional taking
of property; and/or
b.
That such use does not now and will not during the extension period
requested:
i.
Adversely affect the health, peace or welfare of persons residing
or working in the surrounding area,
ii.
Be materially detrimental to the use, enjoyment and valuation of
the property of other persons located in the vicinity of the site,
and
iii.
Jeopardize, endanger or otherwise constitute a menace to the
public health, safety or general welfare.
5.
Findings
and Decision. The commission may approve an application for extension
of an amortization period provided the burden of proof set forth in
subsection (E)(4) of this section has been met by the applicant.
6.
Conditions. The commission in approving an application for extension of an amortization period may impose conditions it deems necessary to insure that the approval will be in accord with the findings required. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses requested including, but not limited to those specified in Chapter 17.66.
(Prior code § 9403; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993)
A.
Publicly
owned structures and uses are exempt from the provisions of this chapter.
(Prior code § 9404; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993; Ord. 104 § 7, 1993)
Any public utility use or structure which was legally established
or constructed but which is not in compliance with the provisions
of this title, or any subsequent amendments thereto, including equipment
or other facilities necessary for operating purposes, but excluding
offices, service centers or yards, may be added to, extended or altered;
provided, there is no change in use or enlargement of the original
site established prior to the time such approval was required.
(Prior code § 9405; Ord. 86 § 3, 1993; Ord.
93 § 63, 1993)
