A. 
This section provides regulations for nonconforming land uses, structures, signs, and lots that were lawfully established before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code, or future amendments.
B. 
This chapter is intended to permit continued utility and economic viability of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Zoning Code in a manner that promotes the public health, safety, and general welfare and does not conflict with the goals and objectives of the General Plan.
C. 
More specifically, the purpose of these regulations is to distinguish between nonconforming uses that are detrimental to public health, safety, and general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
The provisions of this chapter apply to structures and uses that have become nonconforming by adoption of this Zoning Code as well as structures and uses that become nonconforming due to subsequent amendment to its text or to the Zoning Map (see Chapter 17.108, Amendments to the Zoning Map and Text). Nonconforming structures and uses include:
A. 
Those made nonconforming by the addition of a standard or requirement previously not required for such use or structure; and
B. 
Uses and structures reclassified from permitted to being subject to a discretionary permit, or no longer permitted.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
Any lawfully established use, structure, or lot that is in existence on the effective date of this Zoning Code or any subsequent amendment but does not comply with all of the standards and requirements of this Zoning Code shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this chapter.
A. 
Legal Nonconforming Status. A use, structure, or site feature shall be designated as having legal nonconforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and remains in compliance with terms and conditions imposed at the time of its establishment, if any, based on evidence provided by the property owner, tenant, or applicant. Legal nonconforming status shall also be assigned if nonconformities were created by a public improvement, such as a street widening project.
B. 
Nonconformities. A nonconformity may result from any inconsistency with the requirements of this Zoning Code including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved use permit or other required authorization.
A use or structure shall not be deemed nonconforming solely because it does not conform with certain design, site, or development standards including parking dimension standards, overnight vehicle parking limitations, shade requirements, fence and wall placement, loading, landscape area, or screening regulations of the district in which it is located. Additionally, a use or structure shall not be deemed nonconforming solely for lack of conformance with standards for types of building features such as cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows, balconies, and terraces above the second floor that exceed maximum projections into required yards.
A use or structure's lack of conformance with similar design, site, development standards or other minor features not listed above may not rise to the level of nonconforming status as defined in this section. Such a determination may be made at the discretion of the Director.
C. 
Nonconforming Uses and Structures—Right to Continue. Any use or structure that was lawfully established prior to the effective date of this Zoning Code or of any subsequent amendments to its text or to the Official Zoning Map (see Chapter 17.108, Amendments to the Zoning Map and Text) may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter.
D. 
Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this Zoning Code or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official records on file in the office of the Yolo County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a Variance (see § 17.100.120, Variance) or other modification or exception is approved as provided for in this Zoning Code.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A. 
Continuance. An existing use that lawfully existed on the effective date of this Zoning Code and that remains nonconforming and any nonconformity that is created as a result of the adoption or amendment of this Zoning Code may be continued or maintained as a nonconformity only in accordance with the terms of this section.
B. 
Extension of Use. A nonconforming use may not be extended to other parts of a building or site where the use has not traditionally operated (based on aerial photography, business license data, or other verifying documentation) unless authorized by the Director and subject to a finding that the extension will not increase or create negative impacts on surrounding properties, including, but not limited to, increased traffic, noise, vibration, dust, or odor.
C. 
Changes and Substitutions of Nonconforming Uses.
1. 
No lawful nonconforming use shall be changed to a different use type or use classification unless the new use is a permitted or conditional use approved in conformance with the requirements of this Zoning Code, or the Director finds that the use is of a similar nature to the existing lawful nonconforming use and does not increase the intensity of use as defined below. The Director's decision as to whether or not the use is of a similar nature and does not increase the intensity of use is appealable to the Planning Commission pursuant to § 17.96.160. Additionally, the Director may elevate the application to the Planning Commission if the Director finds that the change in use will have a substantial effect that warrants public review.
2. 
This requirement shall not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 17.144, Definitions of Uses, and the use is not expanded or intensified.
3. 
For purposes of this section, an increase in the intensity includes the following:
a. 
Expanded or longer hours of operation;
b. 
An increase in the number of employees on a site;
c. 
An increase in the number of required parking spaces;
d. 
An increase in the number of vehicles or trips to the proposed use as determined by the City's Traffic Engineer or by a Traffic Impact Analysis prepared by a licensed traffic engineer;
e. 
An increase in noise, odors, dust, glare, vibrations, or other operational or performance standards, that will be injurious to property and improvements of adjacent properties or the surrounding area, or will be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area; and
f. 
Any other metric that is determined to result in an increase in the intensity of use of the building, structure, or site.
4. 
When a legal nonconforming use has been changed to a conforming use, the nonconforming use shall not be reestablished, except that within multifamily residential, mixed-use, or commercial districts, buildings or structures which are determined to have been lawfully constructed as a single-family dwelling may be returned to the single-family use at any time. The Director shall base the determination on evidence including Building Permits, County Assessor data, building design and appearance, or other records that demonstrate the building was originally constructed as a single-family residence.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A. 
Continuance. An existing building or structure (including walls and fences) that lawfully existed on the effective date of this Zoning Code and that remains nonconforming and any nonconformity that is created as a result of the adoption or amendment of this Zoning Code, may be continued, or maintained as a nonconformity in accordance with the terms of this section.
B. 
Maintenance and Repair. Maintenance, repairs, and structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure except as provided in § 17.80.060, Alterations and Enlargements to Nonconforming Structures.
C. 
Expansion of Area Occupied by Nonconforming Use. The physical improvement of a nonconforming building or structure containing a nonconforming use shall not increase the area occupied by a nonconforming use except as provided for in § 17.80.040.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A. 
Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions:
1. 
Additions to and/or enlargements of nonconforming structures are allowed, subject to the appropriate Design Review if the addition or enlargement complies with all applicable laws and if the existing use of the property is conforming except as provided for in this chapter (see § 17.80.040, Nonconforming Uses) and subject to the following requirements in § 17.80.060.B, Improvements to Existing Nonconforming Property Conditions.
B. 
Improvements to Existing Nonconforming Property Conditions.
1. 
Existing nonconforming property conditions occur when the existing development does not comply with standards and regulations of this Zoning Code, including fencing, screening, landscaping, lighting, surfacing, signage, and other similar site improvements as may be determined by the Director.
2. 
In conjunction with the expansion, enlargement, or alteration of existing buildings and structures, or the construction of new buildings on a partially developed site, nonconforming property improvements shall be brought into compliance based on the following requirements or equivalent as determined by Director:
a. 
Ten Percent or Greater Increase in Gross Floor Area.
i. 
Screening of outdoor storage areas consistent with Chapter 17.70, Screening Standards. New fencing must observe required setbacks from the street; and
ii. 
Installation of landscaping equal to five percent of the parcel area, and/or replacement of dead or dying landscaping. This landscaping shall be installed along street and building frontages wherever possible.
iii. 
Repair and painting of the portion of existing structures in public view that are in disrepair.
b. 
Twenty Percent or Greater Increase in Gross Floor Area.
i. 
Installation of street canopy landscaping as described in the § 17.64.040, Landscaping; and
ii. 
Inclusion of requirements contained in subsection B.2.a, 10% or greater increase in gross floor area.
c. 
Thirty Percent or Greater Increase in Gross Floor Area.
i. 
Paving of existing required auto parking lot areas and installation of full parking lot canopy landscaping as described in § 17.64.040, Landscaping;
ii. 
Provision of recycling areas in accordance with § 17.64.080, Refuse and Recycling Enclosures;
iii. 
Removal of existing nonconforming signs, or replacement of signs that are in disrepair; and
iv. 
Inclusive of requirements contained in subsections B.2.a, 10% or Greater Increase in Gross Floor Area, and subsection B.2.b, 20% or Greater Increase in Gross Floor Area.
d. 
Fifty Percent or Greater Increase in Gross Floor Area.
i. 
Full compliance with all site improvement standards is required.
e. 
All building additions completed within a five-year period beginning after the effective date of this Zoning Code shall be considered cumulatively for the purposes of determining the need for compliance with this Section.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A lawful nonconforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or other unintentional act may be restored or rebuilt subject to the following provisions:
A. 
If the cost of repair or reconstruction does not exceed 50% of the appraised value of the building or structure replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The structure may be restored and the occupancy or use of such building or structure may be continued or resumed, provided such restoration is started within a period of one year and is diligently prosecuted to completion. The determination of the appraised value shall be the higher of:
1. 
The records of the Assessor of Yolo County for the fiscal year during which the application is received; or
2. 
An appraisal performed by a certified appraiser.
B. 
If the cost of repair or reconstruction exceeds 50% of the appraised value of the building or structure replacement determined pursuant to subsection A, the land and building shall be subject to all of the requirements of this Zoning Code. In the event such damage or destruction exceeds 50% of the market value of the building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the zone in which it is located, except that if a residential use is fully destroyed but the foundation of the structure remains intact as determined by the Building Official, the residential building may be rebuilt on the existing nonconforming building foundations.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A. 
If the nonconforming use of a building or structure, or a portion of a building or structure ceases to operate, whether with the intent to abandon the use or not, for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located, except as provided in this section. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.
No nonconforming use may be resumed, reestablished, or reopened, or replaced by any other nonconforming use after it has been ceased for a period of six months subject to the following exceptions: No lawful residential use can lapse regardless of the length of time of non-use.
B. 
The time period established in subsection A shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
1. 
The site, building, or structure is vacated (remaining materials or equipment left behind, after a use or structure is abandoned, vacated, or no longer in operation does not constitute continued occupancy);
2. 
The business license expires or is revoked;
3. 
Utilities are terminated; or
4. 
The applicable lease is terminated.
C. 
The Director may approve an additional six-month time period during which the use will not be considered abandoned; provided that the Director finds that economic conditions warrant the additional time. If the additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed one year from the date the use was determined to have ceased to operate.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)
A. 
Continuance and Maintenance. Any sign legally existing prior to the effective date of this Zoning Code but which does not comply with the provisions of this chapter shall be deemed a nonconforming sign and may be continued or maintained as a nonconforming sign provided there is no expansion of any nonconformity on the sign.
B. 
Expansion, Enlargement, and Modification. No nonconforming sign shall be moved, altered, re-erected, relocated or replaced unless it is brought into compliance with the requirements of this Zoning Code. This will not prevent the repair or restoration of a nonconforming sign or sign structure to a safe condition or normal maintenance operations performed on a sign or sign structure.
C. 
Loss of Nonconforming Status. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of 90 days, the nonconforming sign must be removed. The sign shall be removed within 30 days of notification of the property owner, owner, or manager of the property on which the nonconforming sign is located.
(Ord. 1722, 6/18/2024; Ord. 1733, 2/4/2025)