A.

Purpose. This chapter establishes regulations for legal nonconforming uses and structures. These are uses and structures within the city that were lawfully established and constructed 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 thereto.

B.

Intent. It is the intent of this chapter to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, expanded, intensified, moved, or replaced; and, by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be eliminated or altered to conform to the zoning district standards in which they are located.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).

A.

Nonconforming uses and structures. Nonconforming uses and structures within the city may continue to be used, and may be altered, maintained, expanded, reconstructed, or replaced only as allowed by this chapter.

B.

City properties. Any property with a nonconforming structure owned in whole or in part by the city of Campbell may continue to be used, and may be altered or expanded if the alterations, additions, or extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, or removal of a city-owned nonconforming structure.

C.

Status of designated cultural resource. Designated cultural resources shall not be considered nonconforming or illegal for purposes of maintenance and upkeep.

D.

Illegal uses, structures, and signs. Uses and structures which did not comply with the applicable provisions of the Municipal Code or the Santa Clara County regulations when originally established, are in violation of this Zoning Code and are subject to the provisions of Chapter 21.70, (Enforcement). This chapter does not grant any right to continue the use or occupancy of property containing an illegal use or structure, or any use or structure that was not legally created.

E.

Nuisance abatement. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city, in compliance with Municipal Code Chapter 6.10, (Nuisance Abatement and Property Maintenance Regulations), or other applicable provisions of law.

(Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).

Nonconformities are defined as follows:

"Nonconforming structures" means a structure the size, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current requirements of this Zoning Code.

"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reason of such adoption, revision or amendment to conform to the current use regulations for the zoning district in which it is located. Existing residential uses that do not fall between the minimum or maximum density range of their assigned General Plan land use designation(s) shall not be considered a nonconforming use.

"Nonconformity upon annexation" means a use, structure, or parcel that legally existed in the unincorporated territory and after annexation does not comply with the provisions of this Zoning Code.

(Ord. 2043 § 1(part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Purpose. This section is intended to limit the number and extent of nonconforming uses by prohibiting expansion, enlargement, or intensification, re-establishment after abandonment, alteration of the structures they occupy, and restoration after destruction.

B.

Continuation of Use.

1.

The nonconforming use of a structure, lawfully established before the enactment of rezoning, reclassification, or change of regulations, may be continued only in compliance with the provisions of this chapter.

2.

Notwithstanding anything contained in this chapter to the contrary, any motor vehicle repair facility that is nonconforming with regard to the requirements of Section 21.36.140, (Motor vehicle repair facilities), shall come into compliance with all applicable regulations of Section 21.36.140 of this title within twenty-four months of the latter of:

a.

The effective date of the ordinance codified in this chapter adopting this provision; or

b.

The date that the use became nonconforming. Nothing contained in subsection (B)(2) of this section shall be construed as prohibiting a lawfully established motor vehicle repair facility that is presently nonconforming solely due to the fact that it is not currently a permitted use in the zoning district in which is located from continuing to operate so long as the use complies with the operational requirements of Section 21.36.140 of this title.

3.

Any late-night activity nonconforming with regard to the requirements of Chapters 21.08 through 21.14, shall come into compliance by obtaining an administrative planned development permit subject to Section 21.12.030 (Planned development zoning district) within twenty-four months of the effective date of City Council Ordinance 2093 or by obtaining a Conditional Use Permit subject to Section 21.46 (Conditional Use Permits) within twenty-four months of the effective date of City Council Ordinance 2002.

C.

Change in Use.

1.

The nonconforming use of a site or structure may be changed to a use of the same or more restricted classification as determined by the community development director.

2.

Where the nonconforming use of a site or structure is changed to a use of a lesser intensity, it shall not thereafter be changed to a use of greater intensity.

D.

Enlargement or Expansion Prohibited. A nonconforming use shall not be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use.

E.

Discontinued Use.

1.

A nonconforming use that is abandoned, discontinued, or has ceased operations for a continuous period of at least twelve months shall not be re-established on the site and further use of the structure or parcel shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

2.

Evidence of abandonment shall include, but is not limited to, the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation.

F.

Nonconforming Use of Land. The nonconforming use of land, on which no main structure is located, which was lawfully established before the enactment of zoning, rezoning, reclassification, or change of regulations, may be continued for a period of not more than five years from when it first became nonconforming; provided:

1.

No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

2.

The nonconforming use of land may be changed to a use of the same or lesser intensity (as determined by the community development director) but where the nonconforming use of land is changed to a use of lesser intensity it shall not thereafter be changed to a use of greater intensity.

3.

A nonconforming use of land that is abandoned or discontinued for a continuous period of at least twelve months shall not be re-established. Any further use of the site thereafter shall comply with all applicable provisions of this Zoning Code.

G.

Nonconforming Due to Lack of Conditional Use Permit. A use that is nonconforming due to the lack of a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation, type or intensity of use). Any change shall require conditional use permit approval.

H.

Previous Conditional Use Permits in Effect. A use that was established with conditional use permit approval but is a use no longer allowed by this Zoning Code within the applicable zoning district may continue in operation, but only in compliance with all of the provisions of the original conditional use permit. If the conditional use permit specified a termination date, the use shall be discontinued in compliance with that termination date.

I.

Nonconformance Due to Reclassification. The foregoing provisions of this Zoning Code shall also apply to uses and structures which thereafter become nonconforming due to any reclassification of zoning districts, in compliance with Chapter 21.60, (Amendments) or any subsequent change in the regulations of this chapter; provided, where a period of years is specified in this section for the removal of nonconforming uses or structures the period shall be computed from the date of the reclassification or change.

(Ord. 2043 § 1(part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. 2093 § 1(part), 2007; Ord. No. 2293, § 1(Exh. B), 5-2-2023)

A.

Purpose. This section is intended to limit the number and extent of nonconforming structures by prohibiting their being altered, enlarged, or moved, and by prohibiting their restoration after destruction. Eventually, all nonconforming structures are to be altered or eliminated to conform to all applicable provisions of this Zoning Code.

B.

Continuation of structure. A nonconforming structure, lawfully constructed before the enactment of rezoning, reclassification, or change of regulations may be continued only in compliance with the provisions of this chapter.

C.

Maintenance, repairs and minor alterations. Except as otherwise provided in this chapter, a nonconforming structure may be maintained, repaired, and minor alterations made; provided no structural alterations shall be made except those required by law or ordinance.

D.

Additions, enlargements and moving.

1.

A nonconforming structure shall not be added to or enlarged in any manner, except as identified in subsection F of this section.

2.

A structure that does not comply with the height or area regulations shall not be added to or enlarged in any manner, except as identified in subsection F of this section.

3.

A structure lacking sufficient off-street parking spaces may be altered or enlarged; provided the required additional parking spaces are provided, in compliance with Chapter 21.28, (Parking and Loading).

4.

No nonconforming structure shall be moved in whole or in part to any other location on the parcel unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code.

E.

Reconstruction after damage or destruction. A nonconforming structure that is involuntarily damaged or partially destroyed by earthquake, fire, flood, wind, or other calamity or act of God or the public enemy, clearly beyond the control of the property owner, may be reconstructed in compliance with the building code, only as follows:

1.

Cost does not exceed seventy-five percent. A nonconforming structure which is involuntarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) may be restored or reconstructed; provided, the restoration is started within twelve months of the date of damage, and the restoration is completed within twelve months thereafter;

2.

Cost exceeds seventy-five percent. In the event the cost to repair the damage or destruction exceeds seventy-five percent of the cost of construction of a comparable new structure (as determined by the building official) no repairs or reconstruction shall be made unless every portion of the structure is made to conform to all applicable provisions of this Zoning Code;

3.

Exceeds seventy-five feet in height. In compliance with the intent of Section 21.18.050, (Exceptions to height provisions), and notwithstanding any provisions to the contrary, a nonconforming structure that equals or exceeds seventy-five feet in height shall be allowed to be reconstructed or restored if it becomes involuntarily damaged or destroyed, in whole or in part, in the manner identified in subsection (E)(1) of this section.

4.

Residential structures.

a.

Nonconforming single- and multi-family residential dwelling units involuntarily damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards of the zoning title that applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards) at the time that it was originally constructed or modified.

b.

A complete application for reconstruction shall be submitted within twelve months of the date of damage, reconstruction shall be commenced within one hundred eighty days of land use permit/building permit approval, and must be diligently pursued to completion.

c.

The new construction shall comply with current building and fire code requirements.

F.

Exceptions. The following exceptions apply to all lawfully constructed structures, including accessory dwelling units:

1.

Failure to meet setbacks. A structure that fails to meet the setback requirements for the zoning districts in which it is located may be added to or enlarged in compliance with the following criteria:

a.

The structure was lawfully constructed;

b.

The addition or enlargement is limited to the first floor;

c.

The addition or enlargement does not decrease the existing setbacks;

d.

Any upper story additions comply with the current setback requirements; and

e.

When required by Chapter 21.42 (Site and architectural review) the decision-making body approving the site and architectural review permit for the addition or enlargement finds that the addition or enlargement will not be detrimental to the public health, safety, or general welfare of persons residing in the neighborhood.

2.

Policy "E" of the San Tomas neighborhood plan.

a.

Additions to legally existing structures subject to the San Tomas Area Plan and located in the San Tomas area may be added to or enlarged as allowed under policy "E" of the San Tomas neighborhood plan.

b.

Policy "E" is incorporated herein by reference.

c.

The map outlining the boundaries of the San Tomas area is maintained at the community development department.

d.

In the case of conflict between the San Tomas neighborhood plan policy "E" and the requirements contained in this chapter, policy "E" of the plan shall prevail for projects subject to the San Tomas Area Plan.

3.

Campbell Village Neighborhood Plan.

a.

Extensions along existing non-conforming building walls as provided by the Campbell Village Neighborhood Plan.

b.

The Campbell Village Neighborhood Plan is incorporated herein by reference.

c.

The map outlining the boundaries of the Campbell Village Neighborhood Plan is maintained at the community development department.

d.

In the case of conflict between the Campbell Village Neighborhood Plan and the requirements contained in this chapter, the Campbell Village Neighborhood Plan shall prevail.

G.

Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without the cost limitations identified in subsection E of this section; provided the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements, including the applicable provisions of state law (e.g., Title 24, California Code of Regulations, etc.).

(Ord. 2043 § 1 (part), 2004; Ord. 2070 § 1 (Exh. A)(part), 2006; Ord. No. 2225, § 16, 8-15-2017; Ord. No. 2252, § 15, 11-19-2019; Ord. No. 2286, § 15, 8-16-2022; Ord. No. 2293, § 1(Exh. B), 5-2-2023)