A legal nonconforming land use and the use of a legal nonconforming structure, as those terms are defined in Section
17.705.020 (Definitions), above, may be continued, including transfers of ownership; provided that their continuation shall comply with the requirements of this section. See Section
17.705.060 (Residential Exemptions), below for exceptions regarding certain residential uses and structures.
A. Nonconforming uses. The continuance of a legal nonconforming use shall be allowed subject to the following provisions:
1. Change of ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.
2. Additional development. Additional development of any property on which a nonconforming use exists shall require that all new uses be in compliance with the applicable provisions of this Development Code.
3. Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
4. Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in Section
17.705.120 (Nonconforming Adjustments), below.
5. Nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be established or replaced by another similar nonconforming use only after the Director first finds all of the following:
a. The nonconforming use is similar to or less intensive than the use originally allowed in the development;
b. The nonconforming use generally adheres to the intent of the General Plan and any applicable specific plan;
c. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
d. The use of the entire development has not been ceased or discontinued for a period of 180 or more consecutive days.
B. Nonconforming structures. A legal nonconforming structure may be maintained in compliance with the following.
1. Ordinary maintenance and repairs. A nonconforming structure may undergo ordinary maintenance and repairs.
2. Involuntary damage to a nonconforming structure. A nonconforming structure that is involuntarily damaged to an extent of 50% or more of its appraised value of the structure immediately before the damage may be restored only if made to conform to all applicable provisions of this Development Code. However, any residential structure(s), including multi-family, in a residential zone destroyed by a catastrophe, including natural disaster (e.g., earthquakes, firestorms, windstorms, etc.) and official states of emergency, may be reconstructed up to the original size, placement, and density [see Section
17.705.060 (Residential Exemptions), below]. Reconstruction shall commence within 180 days after the date of the damage or catastrophe and shall be diligently pursued to completion. [See Section
17.705.070 (Loss of Nonconforming Status), below].
3. Nonstructural alterations to residential structure(s). Necessary repairs and desired alterations that are not structural may be made to a nonconforming residential structure(s), including multi-family, located in a residential zone only when the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 50% of the appraised value of the nonconforming structure.
4. Additions to nonconforming residential structures. Additions may be made to residential structures that are nonconforming due to their placement on the parcel as long as the additions are in compliance with the current applicable regulations of this Development Code.
5. Conversion to an accessory (second) dwelling unit. Within a residential zone, a nonconforming accessory structure located within a rear setback may be converted to an accessory (second) dwelling unit, in compliance with Section
17.430.300 (Senior Residential Projects).
6. Nonstructural alterations to commercial, industrial, mixed-use, or institutional structure(s). Necessary repairs and desired alterations may be made to nonconforming commercial, industrial, mixed-use, or institutional structures; provided, that no structural alterations shall be made that would prolong the life of the supporting members of a structure (e.g., beams, bearing walls, columns, girders, etc.). Structural elements may be modified or repaired only if the Building Official first determines that the modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 50% of the appraised value of the nonconforming structure. However, improvements required to reinforce non-reinforced masonry structures shall be allowed without replacement cost limitations, provided the retrofitting is strictly limited to compliance with earthquake safety standards.
7. Interior partitions or other nonstructural improvements. Changes to interior partitions or other nonstructural improvements and repairs may be made to a nonconforming commercial, industrial, mixed-use, or institutional structure; provided that the cost of the desired improvement or repair shall not exceed 50% of the appraised value of the nonconforming structure over any consecutive five-year period.
8. Development of a parcel with a nonconforming structure(s). Any additional development of a parcel with a nonconforming structure shall require that all new structures be in compliance with this Development Code.
9. Appraised values. All appraised values referred to in this section shall be determined by a state-licensed appraiser and confirmed by the Building Official.
(Ord. 24-13, 10/1/2024)