Where lots, buildings, or uses legally existing on or before the effective date of this title are not in conformance with the provisions of this title, it is the purpose and intent of this chapter to declare such lots, buildings, and uses nonconforming. Maintenance shall be required for all nonconforming lots, buildings and uses.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Group A nonconforming lots are those lots which do not conform to the lot area and lot dimension standards established for the zone in which they are located. The uses permitted in the zone shall be permitted on such lots, subject to all other property development standards of the zone. These provisions shall also apply to unimproved lots. Lots with structures are subject to the provisions of section 18.29.030. Lots whose uses involve no buildings are subject to the provisions of section 18.29.100.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Group A nonconforming buildings are those buildings which do not conform to the building height, yards, and distance between building standards for the lone in which they are located. Such buildings shall be permitted to continue; provided that any addition, alteration or enlargements shall comply with all the property development standards of the zone as they apply to the buildings. When any group A nonconforming building is, for any reason, removed from the land, all future buildings or structures erected on such land shall conform to all property development standards of the zone.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Group A nonconforming uses are defined as follows:

A.

Residential zones. In residential zones, group A nonconforming uses are those residential uses which do not conform to the population density standards for the zone in which they are located. Buildings containing such uses may be altered, provided that the population density shall not be increased.

B.

Professional office, community facility zones. In professional office and community facility zones, residential uses that are determined by the Planning Commission not to be detrimental to the public health, safety, and general welfare shall be considered group A nonconforming.

C.

Commercial zones.

1.

In C-1 zones, those uses normally provided for in C-2, C-3 and H-1 zones and are determined by the Planning Commission not be detrimental to the public health, safety, and general welfare shall be considered group A nonconforming uses.

2.

In H-1 zones, other commercial uses not intended to serve the traveling public and determined by the Planning Commission not to be detrimental to the public health, safety, and general welfare shall be considered group A nonconforming uses.

3.

In C-2 zones, those uses normally provided for in C-3, M-1 or M-2 zones, or other zones, and are determined by the Planning Commission not to be detrimental to the public health, safety and general welfare shall be considered group A nonconforming uses.

4.

In C-3 zones, those light industrial uses normally provided for in the M-1 zone and are determined by the Planning Commission not to be detrimental to the public health, safety, and general welfare shall be considered group A nonconforming uses.

D.

Industrial zones. In the M-1 zone, those industrial uses normally provided for in the M-2 zone and are determined by the Planning Commission not to be detrimental to the public health, safety and general welfare shall be considered group A nonconforming uses.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Group B nonconforming buildings are those buildings:

A.

In residential zones, commercial, and industrial buildings shall be considered as group B nonconforming.

B.

In commercial and industrial zones, residential buildings not specifically permitted in the zone shall be considered as group B nonconforming.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The Planning Commission shall determine the time limits to be applied to all group B nonconforming buildings, the period to begin on the date that the building is declared group B nonconforming. The following timetable is established to provide guidelines to assist the Planning Commission in determining time limits for affected buildings. This timetable is deemed to provide for the amortization of the affected buildings. On or before the termination of the period, such buildings shall be removed from the land unless the date of removal shall be prolonged by the Planning Commission pursuant to the issuance of a conditional use permit. In no case shall a prolongation be granted for a period of more than five years on any one application.

A.

"Type one and two construction" as such types are defined by the adopted edition of the California Building Code—30 years.

B.

"Type three and four construction" as such types are defined by the adopted edition of the California Building Code—25 years.

C.

"Type five construction" as such type is defined by the adopted edition of the California Building Code—20 years.

(Ord. No. 2020-1059, § 1, 3-23-2020)

"Group B nonconforming uses" shall be those uses in any zone which are expressly prohibited in that zone and are found by the Planning Commission to be detrimental to the public health, safety, and general welfare.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A.

Group B nonconforming use within a conforming or group A nonconforming building shall, within ten years from the effective date of the Planning Commission's declaration of such use to be group B nonconforming, be completely terminated or shall be so altered that it will be in conformance with the uses allowed in the zone. The termination of such use may be prolonged by the Planning Commission pursuant to the provisions in chapter 18.30. Such a prolongation may be approved for any period designated by the Planning Commission not exceeding two years on any one application. Nonconforming uses shall not be expanded or extended into any other portion of the building, and if such use is discontinued for a period of 180 days, any future use of the building shall be in conformance with the uses allowed in the zone.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Group B nonconforming uses in a group B nonconforming building may continue for the duration of the building subject to the adopted time period and may be expanded or extended throughout the building; provided, that no structural alterations except those required by law or ordinance shall be permitted; further, if no structural alterations are made, a nonconforming use in such a building may be changed to permit a similar or more restricted type of nonconforming use; provided, that the new use be approved by the Planning Commission by conditional use permit subject to chapter 18.30 of this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

A nonconforming use of land, where no buildings or structures are involved, shall, when deemed by the Planning Commission to be detrimental to the public health, safety, and welfare, within ten years after the effective date of the Planning Commission's finding, be completely terminated or so altered that it will be in conformance with the uses allowed in the zone. The termination of such use may be prolonged by the Planning Commission by conditional use permit subject to chapter 18.30 of this title. In no case shall such a prolongation be granted for a period of more than two years on any one application. Such nonconforming use of land shall not be expanded in any way, and if such nonconforming use of land is discontinued for a period of 180 days, any further use of land shall be in conformance with this title.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such facilities have been provided for buildings constructed prior to the effective date of this title, such building shall not be expanded nor may additional floor space be provided within the building until requirements for off-street parking and loading space have been provided for the entire facility.

(Ord. No. 2020-1059, § 1, 3-23-2020)

The provisions of this chapter shall not prevent the reconstruction or repair, with the issuance of an administrative permit by the Community Development Department, of any nonconforming building damaged by fire, explosion or any other act, subsequent to the effective date of this title; provided, that the reconstructed or repaired building will have no greater impact on surrounding properties and is compatible with the neighborhood. In such reconstruction, the nonconforming building should conform to the development standards whenever possible and shall not be enlarged or expanded in any way, unless it will be made to conform to the property development standards of the zone in which it is located.

(Ord. No. 2020-1059, § 1, 3-23-2020)

Those nonconforming lots, uses, and buildings which are existing under a variance or a conditional use permit granted under this title shall be permitted to continue under the conditions and regulations imposed in the permit or variance, unless otherwise provided by this chapter.

(Ord. No. 2020-1059, § 1, 3-23-2020)