A. 
Purpose. This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Development Code or an amendment that changed applicable requirements.
B. 
Intent.
1. 
In order to limit the number and extent of nonconforming uses, structures, parcels, parking, signs, and characteristics of use created by adoption of this Development Code, it is the City's intent to generally allow nonconformities to continue until they are removed, but not to encourage their survival.
2. 
It is further the intent of this chapter that nonconformities shall not be altered, enlarged, expanded, extended, moved, reestablished, or changed to another nonconforming use after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this chapter.
3. 
The eventual intent is that nonconformities, including certain classes of nonconforming uses, nonconforming structures of nominal value, and certain uses not meeting screening, performance, or parking standards, are altered to conform.
4. 
This chapter shall not apply to any use or structure established in violation of the previously adopted Zoning Ordinance for the City, unless the use or structure presently conforms with the provisions of this Development Code.
(Ord. 24-13, 10/1/2024)
A. 
Cessation or discontinuance.
Cessation or discontinuance of a nonconforming use shall be defined as an abandonment of the use, irrespective of the owner's or occupant's intent.
B. 
Illegal nonconformity.
A parcel, sign, structure, or use that was illegally constructed, created, installed, or initiated without proper City issued permits or approvals, does not comply with the provisions of the previous Zoning Ordinance or this Development Code, and is not eligible for any of the protections provided by this chapter.
C. 
Nonconforming parcel.
A parcel that was legally created before the effective date of this Development Code or amendment, and does not comply with the minimum area, depth, width, or other applicable requirements of this Development Code.
D. 
Nonconforming sign.
A sign that legally existed before the effective date of this Development Code or amendment, and does not comply with the minimum sign regulations of this Development Code.
E. 
Nonconforming structure.
A structure that legally existed before the effective date of this Development Code or amendment, and does not conform to the present requirements of the zone in which it is located.
F. 
Nonconforming use.
A use of land and/or a structure (either conforming or nonconforming) that legally existed before the effective date of this Development Code or amendment, but which is no longer allowed in the zone in which it is located.
G. 
Nonconformity upon annexation.
A parcel, sign, structure, or use that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Development Code.
(Ord. 24-13, 10/1/2024)
A. 
Development Code or previous Zoning Ordinance. The effective date of this Development Code or previous Zoning Ordinance shall determine the time of beginning for all existing nonconformities.
B. 
Zoning Map amendments. The effective date of Zoning Map amendments and related boundary adjustments shall determine the time of beginning of a nonconforming use, structure, or nonconformity with screening, performance, or parking standards.
C. 
Annexations. The effective date of an annexation shall determine the time of beginning for a nonconformity in a newly annexed area.
(Ord. 24-13, 10/1/2024)
The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this chapter.
A. 
Property owner's responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property or use is a legal nonconformity as specified in this chapter.
B. 
City is not responsible. The City is not responsible to prove the absence of legal nonconformity.
C. 
Director's determination.
1. 
The process begins with the property owner submitting sufficient written evidence to the Director justifying that the nonconformity is legal and subject to the protected status specified in this chapter.
2. 
The Director shall conduct an administrative hearing on the matter and provide notice of the hearing to the property owner in compliance with Chapter 17.710 (Public Noticing and Hearings).
3. 
The property owner shall have the opportunity to appear before the Director and provide oral testimony justifying that the nonconformity is legal and subject to the protected status specified in this chapter.
4. 
The Director shall consider the evidence and make a determination as to the legality of the nonconformity and the available protections provided by this chapter.
5. 
The Director's determination of legal nonconformity shall be appealable in compliance with Chapter 17.715 (Appeals).
(Ord. 24-13, 10/1/2024)
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)
A. 
Reconstruction or replacement — single-family dwelling. An involuntarily damaged or destroyed single-family nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks) and height in compliance with current Building and Fire Code requirements.
B. 
Reconstruction or replacement — multi-family dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit(s) may be reconstructed or replaced with a new structure with the same footprint (including preexisting nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements and Government Code Sections 65852.25 and 65863.4.
C. 
Substantial expansion, rehabilitation, or renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a zone where residences are a nonconforming use may be allowed with minor use permit approval, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits).
1. 
Substantial expansion, rehabilitation, or renovation defined. Substantial expansion, rehabilitation, or renovation occurs when at least 25% of the floor area of the existing residential structure is proposed to be added to the structure and/or a building permit for construction valued at 50% or more of the appraised value of the structure before expansion, rehabilitation, or renovation is requested.
2. 
Protection of community and neighborhood character. The review authority shall ensure that minor use permit approval for a substantial expansion, rehabilitation, or renovation shall maintain public health, safety, and welfare, and maintain the prevailing neighborhood character.
(Ord. 24-13, 10/1/2024)
A. 
Termination by discontinuance.
1. 
Nonconforming use. If a nonconforming use is ceased or discontinued for a continuous period of 180 or more consecutive days, the use shall lose its legal nonconforming status, and the continued use of the property shall be required to be in compliance with the applicable provisions of this Development Code.
2. 
Nonconforming structure. If the use of a nonconforming structure is ceased or discontinued for a continuous period of 180 or more consecutive days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Development Code.
3. 
Cessation or discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following apply:
a. 
Cessation or discontinuance of a nonconforming use shall be deemed as an abandonment of the use, irrespective of the owner's or occupant's intent.
b. 
Discontinuance shall include cessation of a use regardless of intent to resume the use.
c. 
The intent of the owner to cease or discontinue use of the nonconforming structure is apparent, as determined by the Director.
d. 
Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 or more consecutive days.
e. 
Where there are no business receipts or utility payments available for the 180-day period.
4. 
Nonconforming dwelling units or agricultural uses. This section shall not apply to nonconforming dwelling units or agricultural uses. These nonconforming uses shall be treated in the following manner:
a. 
Whenever a nonconforming dwelling unit outside a residential zone has been abandoned, discontinued, or changed to a conforming use for 12 months or more, the nonconforming use shall not be reestablished, and the structure or site shall only be used in compliance with the regulations for the zone in which it is located.
b. 
Whenever a nonconforming agricultural use has been abandoned, discontinued, or changed to a conforming use for two years or more, the nonconforming use may only be reestablished in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).
B. 
Termination by destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other act of nature; except as provided by Section 17.705.060 (Residential Exemptions), above, and except as follows.
1. 
50% or less. If the cost of repairing or replacing the damaged portion of the structure is 50% or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 180 days following the date of damage and is diligently pursued to completion.
2. 
Exceeds 50%. If the cost of repairing or replacing the damaged portion of the structure exceeds 50% of the appraised value of the structure immediately before the damage, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full compliance with the applicable regulations for the zone in which it is located and the nonconforming use shall not be resumed.
3. 
Appraised and estimated values. All appraised values referred to in this section shall be determined by a state-licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.
C. 
Timing of termination. The nonconforming status shall terminate in compliance with the following:
1. 
A nonconforming use and/or structure may continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of the nonconforming structure, cessation or discontinuance of the nonconforming use, damage in compliance with Subsection B (Termination by destruction), above, or the use has been determined to be a nuisance by the Council.
2. 
The nonconforming use and/or structure shall be deemed terminated on the first happening of either one of the events or situations identified in Subsection C.1, above.
D. 
Physically unsafe or unlawful structures.
1. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe or unlawful by reason of physical conditions, it may be ordered demolished or rebuilt/repaired and shall not be rebuilt, repaired, or restored except in full compliance with the applicable regulations of the zone in which it is located.
2. 
Nothing in this chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure or part thereof declared to be unsafe by the Building Official.
E. 
Termination by operation of law.
1. 
Elimination of nonconformities. Except as allowed by Subsection E.2 (Exceptions to provisions for elimination of nonconformities), nonconforming uses and structures shall be discontinued and removed from their sites, altered to conform, or altered as specified to decrease the degree of nonconformity, within the specified time after first become nonconforming in compliance with Table 7-1 (Amortization Schedule).
Table 7-1
Amortization Schedule
Description of Nonconformity
Length of Amortization (1)
Nonconforming uses. In any zone, removal of a nonconforming use that does not occupy a structure and does not have an approved site plan or a use occupying a structure having an actual value as determined by the County Assessor's Office of less than $5,000.
Two years
Nonconforming structures. Removal or alteration of a nonconforming structure having an actual value as determined by the County Assessor's Office of less than $5,000.
Two years
Off-street parking and landscaping. Elimination of nonconformity as far as required amount of off-street parking, surfacing, and landscaping for all but residential uses. (Except when a change increases the amount of off-street parking required, in which case parking shall be provided immediately.)
10 years
Screening and performance standards. Elimination of nonconformity with screening requirements and performance standards in all commercial and industrial zones.
Two years
Signs. (Excepting any sign that is relocated, changed structurally, or receives new sign face shall be made to conform immediately)
Five years
Nonconforming uses and structures.
1.
In a residential zone a use that is neither an allowed use nor a conditional use.
2.
In a commercial or industrial zone, a use that is neither an allowed use nor a conditional use.
3.
Structures over $5,000 in actual valuation (except for dwellings in a nonresidential zone)
Type I and Type II structures (fire resistive)(3)
20 years
Type III (heavy timber construction and ordinary masonry construction).(3)
15 years
Type IV and Type V structures (light incombustible frame and wood frame construction).(3)
10 years
Notes.
(1)
The length of amortization shall be measured from the effective date, or operative date where later, of the ordinance or amendment establishing the nonconformity.
(2)
The length of amortization shall be five years from the date the use first becomes nonconforming.
(3)
Type of construction, as defined in the Building Code.
2. 
Exceptions to provisions for elimination of nonconformities. The following nonconforming uses need not be removed and under certain conditions may be expanded; provided that they shall be subject to the other applicable provisions of this section (e.g., destruction, discontinuance, etc.).
a. 
In any zone, a residential use may be continued and the floor area expanded by no more than 200 square feet; provided that the number of dwelling units shall not be increased.
b. 
In a residential zone, a nonresidential use that is an allowed use or a conditional use may be continued and a conditional use permit may be approved for expansion of the floor area or the site area occupied by the use by not more than 10% within a five-year period. Landscaping, parking, and screening shall be required in compliance with Article 3 (Site Planning and Development Standards).
c. 
In a commercial zone, a use that is an allowed use or a conditional use in a commercial or industrial zone may be continued and a conditional use permit may be approved for expansion of the floor area or the site area occupied by the use by no more than 25% within any five-year period. Landscaping, parking, and screening shall be required in compliance with Article 3 (Site Planning and Development Standards).
d. 
In a commercial or industrial zone, a use that is an allowed use or a conditional use in an industrial zone may be continued; provided that nonconformity with screening, performance, parking and landscaping requirements shall be eliminated. A conditional use permit may be approved for the expansion of the floor area or the site area.
e. 
Nothing in this chapter shall be construed or applied to require the cessation, discontinuance, removal, or termination or to prevent the alteration, maintenance, modernization, rebuilding, reconstruction, repair, or replacement and continued use of public utility structures, equipment, and facilities; provided that there is no change of use nor enlargement of those uses.
f. 
A conditional use permit may be approved to extend the life of nonconforming sign for no more than five additional years.
(Ord. 24-13, 10/1/2024)
A. 
Legal building site — single nonconforming parcel. A single nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Development Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant.
1. 
Approved subdivision. The parcel was created by a recorded subdivision;
2. 
Individual parcel legally created by deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming;
3. 
Variance or lot line adjustment. The parcel was approved through the variance procedure or resulted from a lot line adjustment; or
4. 
Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20% and the yard facing a public right-of-way was decreased not more than 50%.
B. 
Subdivision of a nonconforming parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
C. 
Mandatory merger — two or more nonconforming contiguous parcels. Refer to Title 16 (Subdivisions).
(Ord. 24-13, 10/1/2024)
A. 
Absence of conditional/minor use permit. A use lawfully existing without the approval of a conditional use permit or minor use permit that would be required by this Development Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).
B. 
Previous conditional/minor use permit in effect. A use that was authorized by a conditional use permit or minor use permit but is not allowed by this Development Code in its current location may continue, but only in compliance with the original conditional use permit or minor use permit conditions of approval.
(Ord. 24-13, 10/1/2024)
A. 
Nonconforming service stations in existence before the effective date of this Development Code that become damaged or partially destroyed or that are proposed to be added to or structurally altered to the extent of more than 50% of the appraised value of the main structure in any twelve-month period may not be occupied or used except in full compliance with the applicable provisions of this chapter.
(Ord. 24-13, 10/1/2024)
A. 
Insufficient parking. Where off-street parking spaces are provided and maintained in connection with a structure or use at the time this Development Code became effective and are now insufficient to meet the requirements for the use with which it is associated, or where no parking spaces have been provided, then the structure may be expanded only if off-street parking is provided for the existing structure or use as well as the expansion in compliance with the standards identified in Chapter 17.330 (Off-Street Parking and Loading Standards).
B. 
Existing parking. Existing parking may not be counted as meeting this requirement unless it meets or exceeds the requirements of this Development Code.
(Ord. 24-13, 10/1/2024)
A. 
Nonconforming Adjustments.
1. 
Nonconforming Adjustments provide a procedure for City review and decision on requests that propose to continue a legal nonconforming use, allow the substitution of one nonconforming use for another nonconforming use, or allow minor modifications of applicable Development Code standards to allow the expansion of the use or structure, and only when pertaining to existing uses or structures, and not the initiation or construction of new uses or structures.
2. 
The Nonconforming Adjustments are subject to the special findings identified in Subsection C (Special findings for Nonconforming Adjustments), below.
B. 
Authority to allow adjustments.
1. 
The Commission may approve adjustments to a nonconforming use with the granting of a conditional use permit.
C. 
Special findings for nonconforming adjustments. The review authority may approve a nonconforming adjustment, with or without conditions, only if it first makes all of the following findings:
1. 
The nonconforming adjustment is necessary because the subject use or structure was legal when it was originally initiated or constructed, but changes in this Development Code or the applicable zone development standards caused the use or structure to become legal nonconforming;
2. 
Approving the Nonconforming Adjustment for the subject use or structure will not pose a serious hazard to the public health or safety of persons residing or working on or adjacent to the subject parcel; and
3. 
The location, size, and operating characteristics of the legal nonconforming use or structure are compatible with the existing and future land uses in the vicinity.
(Ord. 24-13, 10/1/2024)