A.
The
purpose of this chapter is to establish regulations for nonconforming
uses and structural nonconformities with special regulations for nonconforming
dwelling units.
B.
This
chapter is not intended to restrict the City's ability to remove a
public nuisance.
C.
This
chapter is not intended to limit the City's ability to condemn a use
or structure and pay to the owner thereof reasonable compensation.
D.
Nothing
in this chapter shall preclude the City from declaring a building,
structure, improvement or use to constitute a danger to the safety,
health or welfare of the public and to take lawful action to remedy
that danger.
E.
This
chapter does not preclude the City from requiring an owner of a structure
which has been constructed, expanded or altered either without a required
building permit or contrary to the provisions of an issued building
permit to modify or remove such structure or to obtain a required
building inspection and final approval.
(Ord. 2017-03)
A "nonconforming use" is a use that:
A.
Is
not within the scope, either expressly or implicitly, of the zoning
restrictions set forth in this title that announce the purpose, intent,
permissible uses, accessory uses and prohibited uses for the zone
in which the particular use is located;
B.
Did
comply with the zoning restrictions contained in the Zoning Ordinance
in effect at the time the use was created and was lawfully created;
and
C.
Has
not been terminated in accordance with the provisions of this chapter.
"Structural nonconformity" is a physical aspect of a building,
structure or improvement that:
A.
Does
not conform to the development standards announced in this title to
include, without limitations, height, setbacks, lot area, parking,
type of building, or coverage of lot by structure;
B.
Did
comply with the development standards contained in the Zoning Ordinance
in effect at the time the building, structure or improvement was constructed
or structurally altered and was lawfully constructed; and
C.
Has
not been terminated in accordance with the provisions of this chapter.
In order to legally continue a use or structural aspect of a
building, structure or improvement that is not consistent with the
zoning regulations of this title, the person asserting a claim of
nonconforming use or structural nonconformity has the burden of proof
to establish that the use or structural feature qualifies in accordance
with the provisions of this chapter.
A.
It
is unlawful for any person to enlarge, extend, expand or in any other
manner change a nonconforming use or a structural nonconformity so
as to increase its inconsistency with the zoning regulations of this
chapter.
B.
A nonconforming
use may be replaced with the same or a similar use so long as the
subsequent use does not enlarge, extend, expand or in any other manner
increase the inconsistency with the regulations of this title.
C.
Repairs
and maintenance may be performed on structural nonconformities so
long as the nonconformity is not enlarged, relocated or increased
in intensity, unless permitted by this chapter.
A.
Any
application for a project for the remodeling/additions of a building
with one or more structural nonconformities at an estimated cost of
more than 50% of the building's value, as established by the Planning
and Building Director at the time of application, shall be approved
only if the project complies with all of the regulations of this Code.
B.
Any
project for a building with one or more structural nonconformities
that is damaged to less than 75% of its valuation or that is the subject
of a remodeling and addition project less than 50% of the building's
value as determined by the Planning and Building Director at the time
of the application, may be approved with the continuation of the nonconformities
so long as the nonconformities are not enlarged, extended or expanded.
However, the owner must covenant to complete the project within 18
months of the issuance of the required permits, or, in the alternative,
to abandon the structural nonconformities and comply with the regulations
contained in this Code. This shall not result in review of any existing
use permits for the subject parcel unless the use is to be altered
or expanded.
C.
In
applying this section to remodeling and additions, the City shall
include all remodeling and additions accomplished in the 12 months
preceding the application in determining whether "more than 50% of
the building's value" is involved in the present application.
(Ord. 2003-08)
A single building may be constructed on a lot of less area than
required by this title so long as the lot is a legal lot of record,
was created prior to the imposition of the present zoning regulation
which makes it nonconforming, has sufficient area to provide a building
site, has not merged, and is not mergeable.
A.
If
a nonconforming use is changed to a use that conforms to or is more
consistent with the regulations of this title, then any entitlement
to maintain the nonconforming use is modified in that same degree.
B.
Unless
otherwise provided in this chapter, a nonconforming use which remains
inactive for 180 consecutive days, shall be deemed to have ceased,
and shall not thereafter be renewed.
C.
If
a nonconforming use or structural nonconformity is enlarged, extended,
expanded or in any other manner changed to increase its inconsistency
with the regulations of this title, then, in addition to any other
consequences imposed by this Code, any entitlement to thereafter maintain
the nonconformity is terminated.
A nonconforming rental dwelling use is inactive if the rental
dwelling area is not occupied and is not subject to being occupied
in accordance with an existing lease or rental agreement:
A.
Any
residential project of four or fewer dwelling units with one or more
structural or use nonconformities that is damaged up to 100% (by accident
or voluntary) of its valuation can be reconstructed with the continuation
of the nonconformities provided such nonconformities are not increased
in density or intensity. Nonconforming residential buildings of four
units or less may be reconstructed, added to, or structurally altered
so long as neither the density nor the intensity of the nonconformity
is increased, and the number and size of existing required parking
spaces is not reduced.
1.
An
increase to the "intensity" of a nonconforming structure/use would
refer to:
a.
Expanding the structural nonconformity, e.g., not meeting development
standards.
b.
Any additions to a nonconforming use (e.g., an existing duplex in
a single-family zone) that would expand or intensify the nonconforming
use. Expansions/additions to such nonconforming uses shall not be
considered an intensification when the combined development of all
units on the subject property does not exceed the cumulative limitations
of the underlying zone. Where more than one dwelling unit exists on
a legal lot, the development allowances of the underlying zone shall
be applied on a pro-rata basis (for example, if two dwelling units
exist on one lot, each would be allowed one half of the lot coverage
and/or floor area ratio applicable to the zone). Where all of the
units on the lot are under common ownership, or, in the case of multiple
ownership, where all owners of units on the property are in agreement,
a different combination of percentages may be established and recorded
on the subject property by covenant.
c.
An addition for the enclosing of parking shall not be considered
an increase in intensity of the nonconforming use.
d.
Conversion of a nonconforming detached accessory structure from an unhabitable use type (for example, storage building or garage) to a habitable structure type (for example, a portion of the primary dwelling) shall be considered an intensification or creation of a nonconformity. However, conversion of such uninhabitable structures to accessory dwelling units permitted under Subsection 30.48.040T shall not be considered an intensification, unless the structure does not conform with the coastal bluff and inland hillside, sensitive habitat, or scenic views and visual resource protection policies of the Local Coastal Program.
2.
An
increase to the "density" of a legal nonconforming structure/use is
new construction or conversion of existing structures with the result
of creating any dwelling units above the number allowed for the subject
property in the applicable zone.
3.
New construction, a conforming addition to an existing dwelling, or the conversion of existing structures in order to create an accessory dwelling unit or junior accessory dwelling unit in accordance with Subsections 30.48.040T and 30.48.040U shall not be considered an increase in density or intensity for purposes of this section, unless the reconstructed structure does not conform with the coastal bluff and inland hillside, sensitive habitat, or scenic views and visual resource protection policies of the Local Coastal Program.
B.
For
multifamily dwellings of five or more units, the building profile
may be modified if the resulting profile does not result in a structure
contrary to this section and the following findings are made by the
authorized agency:
1.
There
are no additional negative impacts to the character of the neighborhood
beyond the assumed negative impacts of the nonconformity; and
2.
The
resulting design will enhance the neighborhood and will not significantly
increase the economic life of the nonconformity thereby expanding
the nonconformity beyond that which would occur through normal maintenance
practices; and either:
(Ord. 88-02; Ord. 2006-06; Ord. 2020-10; Ord. 2022-03)
