The purpose of this chapter is to create a process for addressing all non-conforming buildings, structures, uses, or signs that become non-conforming due to any reclassification of zones under this zoning code or any subsequent change in the regulations of this zoning code.
The purpose of this chapter is to:
A. 
Balance the need to protect private property rights while addressing buildings, structures, uses, or signs that are incompatible with the zone in which they are located or where such existing buildings, structures, uses or signs are specifically prohibited;
B. 
Protect the health, safety, welfare, convenience, and prosperity of the persons residing in the neighborhood and zone in which non-conforming buildings and uses exist;
C. 
Require that non-conforming incompatible buildings be terminated or be made to conform with all applicable provisions of the zoning code within a reasonable time; and
D. 
Prescribe a reasonable amortization period for all buildings, structures, uses, and signs that become legally non-conforming due to a change in the zoning code.
A. 
This chapter applies to a building, structure, use, or sign that was legally established in compliance with all applicable regulations in effect at the time it was established.
B. 
To be considered legally established, the building, structure, use, or sign shall have been physically constructed or in existence, not merely contemplated. Conditional use permits, variances, building permits, or other permits not exercised within the required time do not establish the right to a legal nonconformity.
C. 
Any person asserting a right to a non-conforming building, structure, use, or sign has the burden of proof to demonstrate that the nonconformity was legally established.
A. 
The review and decision-making authority for the use, maintenance, removal, alteration or demolition of all non-conforming buildings, structures, uses, or signs is indicated in Part 5 (Land Use and Development Approval Procedures) of this Zoning code.
B. 
The review authority shall be guided by the provisions of this chapter when reviewing an application for use, maintenance, removal, alteration or demolition of a non-conforming building, structure, use or sign, in addition to the standards of the zone in which the site is located. In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.
C. 
The regulations prescribed by this chapter shall not be retroactive and shall not result in requiring the removal of existing structures, or portions of structures or uses not identified in Section 17.31.040 (Continuation).
Except as otherwise provided in this chapter, legally established uses of land, buildings, signs or structures existing at the time of the adoption of the ordinance codified in this title may be continued, even though the particular buildings, structures, uses, or signs do not conform to the regulations specified by this chapter for the zone in which the particular building, structure, use, or sign is located.
If any non-conforming use, building, or structure is wholly discontinued or abandoned for a continuous period of 6 months, any subsequent use of such land, building or structure shall conform to the regulations specified for the district in which such land or building is located.
A. 
A non-conforming building or structure destroyed to the extent of more than 50 percent of its current market value, as determined by a licensed appraiser and verified by the Development Services Director, by a catastrophic event such as an earthquake, fire, explosion, or other casualty shall be deemed "substantially destroyed."
B. 
"Current market value" means the market value of the building or structure immediately before the occurrence of the damage, as determined by a licensed appraiser and verified by the Director.
C. 
Except as otherwise provided in this chapter, a non-conforming building or structure whose use is non-conforming, that is substantially destroyed, may be restored and used only in compliance with the permitted uses established in the district wherein it is located.
Except as otherwise provided in this chapter, anon-conforming building or structure that is destroyed by 50 percent or less of its current market value according to Section 17.31.060(B) of this chapter may be reconstructed subject to the approval of a conditional use permit according to the procedure set forth in Part 6 (Zoning Ordinance Administration). The Planning Commission may find that the reconstruction of such non-conforming building or structure may be found to be consistent with the General Plan, if such reconstruction can be accomplished according to the following criteria:
A. 
The reconstruction is generally consistent with the purpose and intent of the General Plan;
B. 
The reconstruction as proposed and as conditioned by the Planning Commission will result in substantial benefit to the public; and
C. 
The subject property and all existing and proposed improvements shall substantially conform to all current regulations, standards and policies of the City, including, but not limited to those which affect:
1. 
Building and site design including building materials, colors, signage, paving, curbs and sidewalks;
2. 
Building, housing and fire codes;
3. 
Traffic circulation and off-street parking;
4. 
Landscaping and screening;
5. 
Control of noise, glare, fire and explosion hazards, dust and other airborne emissions including odors and smoke, liquid and solid wastes, and all other potential nuisances and hazards.
Except as allowed below, a non-conforming building or structure may not be altered or expanded.
A. 
Residential. Alterations or expansions to a non-conforming residential building or structure are permitted by right as long as lot coverage is not increased by more than 20 percent. An Administrative Use Permit is required for any change that will increase lot coverage by more than 20 percent. In either case, setbacks shall not be made further non-conforming. All alterations and expansions shall conform to all other development standards that apply within the applicable zone.
B. 
Non-Residential. Within non-residential zones, and for buildings or structures in residential zones that are not in residential use, a non-conforming building or structure may not be altered or expanded; except the Development Services Director may permit up to 5 percent expansion of the floor area of a non-conforming building or structure; and the Planning Commission may permit up to 15 percent expansion of the floor area of a non-conforming building or structure, provided that:
1. 
The expansion is of an incidental character and does not constitute a complete remodeling or relocation of machinery, equipment or apparatus used in operating the establishment in question, and can be carried out without injury to the residents of adjacent property and of the neighborhood;
2. 
The expansion is generally consistent with the purpose and intent of the general plan;
3. 
The expansion as proposed will result in substantial benefit to the public; and
4. 
All other development requirements of this title and all applicable City building and housing codes are fully complied with.
Any non-conforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs, or replacements do not exceed 25% of the building, structure or sign's appraised valuation according to Section 17.31.060(B) of this chapter.
Any non-conforming cultural resource, as defined in Part 7 (Definitions), may be reconstructed, regardless of the extent of the damage, to the legally permitted, pre-existing conditions, to the satisfaction of the Development Services Director.
A. 
Any legally permitted sign or billboard in existence on the effective date of this ordinance, that does not conform to the provisions of Chapter 17.15 (Signs) is a legal non-conforming sign.
B. 
Non-conforming signs shall be permitted until such time as any of the following, at which time the non-conforming sign shall be removed or modified to conform with the provisions of Chapter 17.15 (Signs):
1. 
Any change of use on the site.
2. 
Any discontinued use on the site for a period of more than 60 days.
3. 
Any change in the buildings or structures on the site, including expansions, new construction, or demolition.
4. 
Any change to the sign, including structurally, to extend its useful life or to repair damage valued at more than 50 percent of the total value of the sign, as determined by the Building Department.
C. 
No new sign shall be approved for a site, building, structure, or use that contains a non-conforming sign unless said sign(s) are removed or modified to conform to the provisions of Chapter 17.15 (Signs).
D. 
No building permit shall be issued for any building or structure on a site with a non-conforming sign, unless said sign(s) are removed or modified to conform to the provisions of Chapter 17.15 (Signs).
Any permitted use, building or structure may be established on a non-conforming lot in any district, provided that the regulations of the zone in which it is located, the development requirements of this chapter, and all applicable city building and housing codes are fully complied with.
The number of dwelling units in a non-conforming building may be increased to the maximum density allowed in the district, provided that:
A. 
The non-conforming building is in a residential zone;
B. 
The units are added solely as a result of the division of the interior of the existing building, and the exterior dimensions of the buildings are not changed; and
C. 
The regulations of the zone in which it is located and all applicable City building and housing codes are fully complied with.
A. 
Non-Conforming Uses. Any non-conforming use shall be discontinued within a period of time specified in Section 17.31.150 (Amortization Period).
B. 
Non-Conforming Structures. Any non-conforming structure shall be removed or altered to be structurally conforming within a time specified in Section 17.31.150 (Amortization Period).
For buildings, structures, uses, or signs classified as non-conforming at the effective date of this title, the amortization period shall be computed from the effective date of this title, as indicated in Table 17.31-1 (Permitted Amortization Periods for Non-Conforming Buildings, Structures, Uses, or Signs).
A. 
The City shall give notice to the owners of any such building, structure, use, or sign at least 5 years prior to the time removal or alteration is required to be completed, and yearly thereafter until such 5-year period has lapsed. When 5 years is not available, the City shall give notice to the owners of any such building, structure, use, or sign at least 1 year prior to the time removal or alteration is required to be completed.
TABLE 17.31-1 PERMITTED AMORTIZATION PERIODS FOR NON-CONFORMING BUILDINGS, STRUCTURES, USES, OR SIGNS
Building, Structure, Use, or Sign
Amortization Period
Accessory Structures
5 years
Adult Business
1 year, or 6 months of discontinued use.
Non-Residential Building in a Non-Residential Zone
40 years
Non-Residential Building in a Residential Zone
40 years
Non-Residential Use in a Non-Residential Zone
10 years
Non-Residential Use in a Residential Zone
10 years
Residential Building in a Non-Residential Zone
40 years
Residential Building in a Residential Zone
40 years
Residential Use in a Non-Residential Zone
10 years
Residential Use in a Residential Zone
10 years
Signs
5 years
Walls and Fences
5 years
The City Manager or designee shall have the authority to grant an extension of the amortization period of any building, structure, use, or sign after a public hearing.