These provisions provide for the regulation and orderly termination of legal nonconforming structures and uses in order to promote the public health, safety and general welfare and to bring these structures and uses into conformity with the goals, policies and objectives of the General Plan.
It is understood that nonconformities should be eliminated over time. Accordingly, nonconformities may be properly maintained, but generally not enhanced/expanded. Further, nonconformities which substantially and adversely affect the orderly development and taxable value of other property in the zoning district should be eliminated, ensuring the public that the zoning district, in which the nonconformity exists, will eventually benefit from a substantial uniformity of permitted uses.
It is hereby declared that nonconforming structures and uses within the City are detrimental to both orderly and creative development and the general welfare of it's citizens and should, therefore, be eliminated as rapidly as possible without unduly infringing upon the constitutional rights of the affected property owners.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
1. 
Nonconforming Structure. A structure that was legally constructed prior to the adoption of this Code but which does not conform to the current provisions governing required yards, height of structures, distance between structures, etc. prescribed for the zoning district in which the structure is located.
2. 
Nonconforming Use. A use of a structure or land that was legally established and maintained prior to the adoption of this Code but which does not conform to the current provisions governing allowable uses for the zoning district in which the use is located.
3. 
Nonconforming Public Telephones. A publicly accessible telephone that was in existence prior to the adoption of this Code that does not conform to the required standards and permits.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
No property in the City shall be used for any purposes except those permitted in the zoning district in which the property has been classified.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Nonconformities may be continued subject to the following conditions/provisions:
1. 
Nonconforming structures or uses shall not be reestablished after having been abandoned or discontinued for a period of six months, or as determined by the Director. This discontinuance shall cause the structure or use to be deemed to have ceased and the structure or use shall not be reinstated or further continued in compliance with Section 9-3.605, below.
The discontinuance or abandonment of the active and continuous operation or occupation of the nonconforming structure or use, or a part or portion thereof is construed and considered to be an abandonment of the nonconforming structure or use, regardless of any reservation of an intent not to abandon or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, furniture, equipment or other components of the nonconforming structure or use, or where there are no business receipts/records available to provide evidence that the use was in continual operation, the abandonment shall be considered to be completed within a period of less than six months and all rights to reestablish or continue the nonconforming structure or use shall terminate. The Director shall issue a notice of discontinuance or abandonment in compliance with Section 9-3.605, of this Code.
2. 
No nonconforming structure may be added to, structurally altered or enlarged in any manner, except as provided in subsection (6) of this section; Routine maintenance and repair is allowed.
3. 
No nonconforming use occupying a conforming structure or portion thereof or occupying any parcel shall be enlarged or extended into any other portion of the structure or parcel except as provided in Section 9-3.612 (Expansion of Nonconforming Use).
4. 
If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
5. 
No nonconforming use may be established or replaced by another nonconforming use.
6. 
Where a nonresidential structure is nonconforming only by reason of inadequate setbacks, yard size, height, or open space, then structural additions, alterations, or enlargements of the existing structure shall be permitted, provided the additions, alterations, or enlargements comply with all current Code provisions/standards relating to the structure's "building envelope" (i.e., setbacks, yards, heights and open space requirements) for the parcel or site.
7. 
The provisions of this chapter do not apply to density bonus or bonus development standards.
8. 
Nothing in this chapter shall preclude the alteration of a nonconforming structure if the alteration would reduce a nonconforming situation.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Upon determination that a nonconforming use has been discontinued or abandoned, the Director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls, and shall cause the property to be posted with a similar notice. The notice shall provide the dates used in determining the six month period of discontinuance or abandonment and shall indicate that all rights to reestablish the nonconforming structure or use are hereby terminated.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The owner of a parcel upon which a legal nonconforming structure or use is being maintained may appeal the determination on the length of the abandonment by submitting an appeal on a form provided by the Department within 30 days of the date indicated on the notice described above.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
1. 
Within 60 days after receipt of an appeal, the Director shall hold a public hearing to determine whether the nonconformity should be terminated as indicated in the notice or whether a time extension should be granted;
2. 
Notice of the hearing shall be provided in the same manner as the notice of abandonment. In addition, notice shall be provided by mail to the owners and tenants of all abutting parcels;
3. 
The Director shall receive written and oral testimony at the hearing relating to the term of abandonment;
4. 
At the close of the hearing, the Director shall determine whether/when the nonconformity should be terminated. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to reestablish the nonconforming use;
5. 
The Director shall also determine whether the structure encompassing the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose permitted by the zoning district in which it is located; and
6. 
The Director may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this Code, Municipal Code or State law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The decision of the Director, and the findings in support thereof, shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within 10 days after the decision is rendered. The order shall be binding upon the owners and the owners' successors, heirs, and assignees.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
1. 
Any interested person may appeal the decision of the Director to the Commission within 15 days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the Director;
2. 
Each appeal shall be accompanied by other documents and information the Director deems to be necessary to adequately explain and to provide proper notification for the appeal. Each appeal shall outline specifically and in detail the grounds for the appeal. The Commission may refuse to consider issues not raised in the written appeal;
3. 
When an appeal has been accepted, the Director shall forward to the Commission all documents and information on file pertinent to the appeal, together with the minutes or official action of the Director and a report on the basis of the decision and the appropriateness of the appeal;
4. 
The Commission shall consider the appeal at a public hearing, including all information and evidence submitted with the original application and any additional information and evidence the appellant may submit which the Commission finds to be pertinent;
5. 
The action of the Commission shall be to sustain, disapprove, conditionally sustain or refer the appeal back to the Director with direction(s), all in compliance with the same requirements and procedures that were applicable to the Director; and
6. 
Any interested person may appeal the decision of the Commission to the Council within 10 days of service of the order upon the owner. The appeal hearing shall be noticed and conducted in the same manner as the original appeal hearing before the Commission.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
A nonconforming use resulting only from the requirement for a Conditional Use Permit, shall apply for a Conditional Use Permit within one year of receiving a notice from the Director. The notice shall state that the owner has one year to apply for the permit and that if the owner does not apply, or if the permit is disapproved, an abandonment period will be established by the Director in compliance with this chapter.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
1. 
Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if it results in an enlargement or if the expense for the alteration exceeds 50% (as determined by the City Building Official) of the replacement cost of the structure at the time the construction is proposed;
2. 
Any nonconforming structure, or structure occupied by a nonconforming use, partially destroyed may be restored provided restoration is started within 90 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure, or structure occupied by a nonconforming use, is damaged in excess of 50% (as determined by the City Building Official) of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions/standards of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be remedied, with the following exceptions:
A. 
A single-family residential structure in a residential zoning district that is damaged in excess of 50% (as determined by the City Building Official) may be rebuilt to its former "building envelope" (i.e., setbacks, yards, heights and open space) as long as it does not exceed the former structure's square footage. If an increase in the square footage is proposed, the rebuilding/construction shall comply with all of the current Code provisions/standards, unless the Director approves an adjustment of the measurable development standards relating exclusively to setbacks, yards and open space requirements;
B. 
A multi-family residential structure in a residential zoning district that is damaged in excess of 50% (as determined by the City Building Official) may be rebuilt to its former density/intensity of development (i.e., number of dwelling units). However, the rebuilding/construction shall comply with all of the current Code provisions/standards, unless the Director approves an adjustment of the measurable development standards relating exclusively to setbacks, yards and open space requirements; and
C. 
Rebuilding/construction required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.
3. 
Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled with the same or similar materials as used in the existing structure;
4. 
Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the Commission, subject to appeal to the Council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than 50% (as determined by the City Building Official) of the replacement cost of the structure; and
5. 
Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the City Building Code or any other health or safety requirements imposed by Local, State or Federal Law or regulation in effect at the time of the repair or rebuilding.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
An existing legal nonconforming use may be minimally expanded or changed subject to the granting of a Minor Conditional Use Permit and only if the Director can make all of the following findings in addition to those listed in Section 9-2.806 (Findings):
1. 
That the expansion or change is minimal;
2. 
That the expansion or change will not adversely affect or be materially detrimental to adjoining properties;
3. 
That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and
4. 
That the use exists and has not been discontinued for a period of six months.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Any one of the following violations of the Municipal Code shall immediately terminate the right to operate a nonconformity, except as otherwise provided in this chapter:
1. 
Changing a nonconforming use to a use not permitted in the zoning district;
2. 
Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity;
3. 
Addition to a nonconforming use of another use not permitted in the zoning district; or
4. 
Any nonconforming use that operates in violation of any local, State or Federal law(s).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
Nothing contained in this article shall be construed to allow the continuation of an illegal nonconforming structure or use. Illegal structures and uses shall be removed immediately unless a Minor Conditional Use Permit, in compliance with Chapter 2, Article 8, is approved by the Director that provides for the legalization of an illegal nonconforming structure or use. In order to approve this legalization, the Director shall make all of the following findings and impose the following provisions/standards, in addition to those outlined in Chapter 2, Article 8 (Minor Conditional Use Permits):
1. 
The illegal structure/use shall have been constructed or initiated operation prior to the adoption of this Code. If not constructed or initiated before the adoption of this Code, the structure/use shall remain illegal and shall be removed immediately;
2. 
The illegal structure/use shall meet the intent/purpose of the Minor Conditional Use Permit process in compliance with Chapter 2, Article 8;
3. 
The illegal structure/use shall comply with all Building/Fire/Health/Safety Codes; and
4. 
If damaged in excess of 50% (as determined by the City Building Official) of its replacement cost, the illegal structure/use "legalized" in compliance with the provisions of this section, shall be treated as all other legal nonconforming structures/uses.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
All nonconforming structures and uses shall be subject to the applicable regulations of this Code, including provisions located in the following Articles:
1.
Article 11 of Chapter 4
Conditional Use Permits
2.
Article 4 of this chapter
Landscaping Standards
3.
Article 8 of Chapter 4
Minor Conditional Use Permits
4.
Article 7 of Chapter 4
Minor Variances
5.
Article 7 of this chapter
Off-Street Loading Standards
6.
Article 8 of this chapter
Off-Street Parking Standards
7.
Article 10 of Chapter 4
Development Permits
8.
Article 12 of this chapter
Sign Standards
9.
Article 5 of Chapter 4
Special Event Permits
10.
Article 9 of Chapter 4
Variances
(§ 1, Ord. 666-NS, eff. September 15, 2001)