Where lots, buildings or uses legally existing on the effective date of the ordinance codified in this title are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such lots, buildings and uses to be nonconforming for the purpose of protecting the public health, safety and general welfare.

(`78 Code, § 17.90.010.)

   Group A nonconforming lots, buildings and uses are those which are generally not detrimental in the zone. They may be continued and under certain conditions altered or enlarged. Group C residential buildings and uses are expressly excluded from this section.

   (A)   Group A nonconforming lots are those lots which do not conform to the lot area and lot dimension standards for the zone in which they are located. The uses permitted in the zone shall be permitted on such lots, subject to all other provisions of the zone.

   (B)   Group A nonconforming buildings are those buildings which do not conform to the building height, yards, distance between buildings, floor area ratio and minimum size of dwelling unit standards for the zone in which they are located. The buildings shall be permitted to continue; provided, that any addition, alterations or enlargement thereto shall comply with all provisions of the zone. The alteration of buildings in established setback areas shall not be permitted without the prior approval of the Board of Zoning Adjustment. 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 provisions of the zone.

   (C)   Group A nonconforming uses are as follows:

      (1)   In residential zones, Group A nonconforming uses of buildings are those uses which do not conform to the lot area per dwelling unit standards for the zone in which they are located. Buildings containing such uses may be altered; provided, that the dwelling or rental unit density shall not be increased;

      (2)   In commercial and industrial zones, Group A nonconforming uses of buildings are those uses which are not listed as permitted but which are of the same general type (such as commercial uses in a commercial zone) and are determined by the Board of Zoning Adjustment to be not detrimental to the public health, safety and general welfare and to neighboring uses as provided for in Chapter 17.88. The uses may be continued, altered or enlarged subject to the provisions of the zone.

(`78 Code, § 17.90.020.) (Ord. 2047 § 9 (part), 1991; Ord. 2041 § 1, 1991; Ord. 1927 § 1, 1989.)

   Group B nonconforming buildings and uses are detrimental to the zone. Group C residential buildings and uses are expressly excluded from this section.

   (A)   Group B nonconforming buildings are identified and regulated as follows:

      (I)   In residential zones, industrial buildings and commercial buildings not specifically permitted in the zone shall be Group B buildings. In commercial and industrial zones, residential buildings not specifically permitted in the zone shall be Group B buildings;

      (2)   When said nonconforming building is removed from the land, every future building and use shall be in conformity with the provisions of this title.

   (B)   Group B nonconforming uses are identified and regulated as follows:

      (1)   Group B nonconforming uses shall be those uses in any zone which are expressly prohibited and those other uses which are not provided for in said zone. The nonconforming use 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 said building shall be in conformity with uses permitted in the zone;

      (2)   A Group B nonconforming nonresidential use in a Group B building may continue for the duration of the building and may be expanded or extended throughout said building; provided, no structural alterations except those required by law or ordinance shall be made therein. 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 said new use be approved by the Board of Zoning Adjustment.

(`78 Code, § 17.90.030.) (Ord. 2041 § 2, 1991; Ord. 1927 § 2, 1989; Ord. 1497 § 1, 1978.)

   (A)   Group C nonconforming buildings and uses are those residential buildings and uses located within the Grand Boulevard Circle and made nonconforming by the rezonings contained in Ordinance 1911 as corrected January 11, 1991. Single-family detached residences, bungalows, duplexes, multi-family residences and all other dwelling units shall be permitted to continue or be enlarged, altered or replaced without regard to the other provisions of this Chapter, provided that there is no increase in existing dwelling unit density within lot areas, and provided further that the dwelling unit existed on March 15, 1989.

   (B)   “Existing" and "existed" in this section and in § 17.90.100(D) shall mean a dwelling unit for which plans had been stamped in and accepted as complete by the Building Division and on which all fees and charges had been paid.

(`78 Code, § 17.90.035.) (Ord. 2047 § 9 (part), 1991; Ord. 2041 § 3, 1991; Ord. 1927 § 3, 1989.)

(Ord. 3259 § 38, 2017; Ord. 2379 § 2, 1999.)

   Group E covers properties located in the Temescal Valley that were annexed into the city. Group E refers to domestic animal keeping. Properties in the Temescal Valley that were annexed into the city are allowed to have up to four dogs and nine cats. All other animal keeping shall fall tinder the provision of the zone in which the property is located.

(Ord. 3131 § 4, 2013.)

   (A)   A nonconforming use of land where no buildings or structures are involved, or the only buildings employed are accessory or incidental to such use, when deemed by the Council to be detrimental to the public health, safety and welfare, shall within five years be completely terminated or so altered that it will be in conformity with the provisions of the zone.

     (B)   The nonconforming use of land shall not be expanded in any way either on the same or adjoining property.

   (C)   If such nonconforming use of land is discontinued for a period of 180 days, any further use of the land shall be in conformity with this title.

(`78 Code, § 17.90.040.) (Ord. 2047 § 9 (part), 1991.)

   (A)   Existing nonresidential buildings whose off-street parking or loading facilities conformed with this code's requirements at time of construction but do not conform with current code provisions may be expanded or have facilities added, provided the current code requirements for off-street parking and loading space are met for those facilities added or enlarged.

   (B)   Existing residential buildings whose off-street parking facilities conformed with this code’s requirements at time of construction, but do not conform with current code provisions may be altered or enlarged in accordance with provisions of § 17.76.010(A) and (B).

(`78 Code, § 17.90.050.) (Ord. 1503 § 2, 1978.)

   Existing uses involving outdoor storage not conforming to the provisions of this title shall within two years bring the premises into conformity with the requirements of this title; provided, that should the uses on the premises be expanded or the building so altered as to require a building permit, the owner shall comply with the applicable provisions at that time.

(`78 Code, § 17.90.060.)

   (A)   The use of land, buildings or structures which do not meet the standards of performance of said uses or the standards for equipment employed in the operation of said uses as required by this title shall be brought into conformity with said standards within a period of one year from the effective date of the ordinance codified in this title, otherwise the nonconforming use shall be discontinued.

   (B)   Upon compliance with the required performance standards, the Planning Director shall issue a certificate of compliance, a copy of which shall be filed with the City Clerk. No permit or license shall be issued to any use not conforming with the performance standards at the end of one year from the effective date of the ordinance codified in this title.

(`78 Code, § 17.90.070.)

   A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot unless the building or structure which is moved is made to conform to the regulations of the zone in which it is located except as otherwise provided by this title.

(`78 Code, § 17.90.080.)

   Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

(`78 Code, § 17.90.090.)

   (A)   A nonconforming building or structure, or portion thereof (in this chapter referred to as "building"), which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity of nature or act of God to the extent that the cost of repairing, reconstructing or restoring it is less than 50% of the cost of replacing the entirety of the building may be repaired, reconstructed or restored and the occupancy or use thereof, which existed at the time of such damage or partial destruction, may continue or be resumed therein; provided, however, that such repair, reconstruction or restoration shall be commenced no later than one year from the date of such damage and/or partial destruction and shall be completed within six months after the commencement, or at a later time as determined by the Director of Community Development.

   (B)   In the event a nonconforming building is so damaged or partially destroyed that the cost of repairing, reconstructing or restoring it exceeds 50% of the cost of replacing it, neither it nor any portion shall be repaired, reconstructed or restored unless the entirety of such building conforms to and is in compliance with all the regulations of the city and the state relating to its use, and the property on which it is located, including but not limited to the city’s zoning regulations, and particularly the property development standards for the zone in which such building is located, and to its construction, including but not limited to the city’s Building Code, wiring regulations, Plumbing Code, Mechanical Code and Fire Code.

   (C)   Notwithstanding divisions (A) and (B) above, any nonconforming multi-family dwelling that is so damaged or partially destroyed that the cost of repairing, reconstructing, or restoring it exceeds 50% of the cost of replacing it, shall nevertheless be permitted to be repaired, reconstructed, or rebuilt, provided it has been determined by the Director of the Community Development Department that: (i) the repair, reconstruction or rebuilding is not detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or to property and improvements in the neighborhood; (ii) there is not a more appropriate location for the use to be moved to; (iii) there is still a zone where the nonconforming use is permitted; and (iv) the multi-family dwelling is not located in an industrial zone. Any multi-family dwelling that qualifies for reconstruction, restoration, or rebuilding shall comply with all the following:

      (1)   The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding.

      (2)   Any more restrictive building standards set by the Building Department authorized pursuant to Sections 13869.7, 17958.7. and 18941.5 of the California Health and Safety Code, as those standards were in effect at the time of reconstruction, restoration, or rebuilding.

      (3)   The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Heath and Safety Code) for work on qualified historical buildings or structures.

      (4)   The predamage size and number of multi-family dwelling units are maintained.

      (5)   A building permit is obtained for the damaged building within two years after the damage or destruction.

   (D)   The term "cost of replacing" as used in this section means those costs as computed by the Director of Community Development. In making the computation, the tables and figures provided in that publication entitled "Building Standards" as published by International Conference of Building Officials, Whittier, California, and which is current at the time such computations shall be used. The tables and figures shall apply to a building which would conform to all the city and state regulations, including building, plumbing, wiring, mechanical, fire codes and zoning regulations, which are effective at the time of the computation.

   (E)   Notwithstanding the other provisions of this section, Group C existing dwelling units on March 15, 1989, shall be permitted to be reconstructed if there is no increase in existing dwelling unit density within lot areas.

(`78 Code, § 17.90.100.) (Ord. 2970 § 1, 2009; Ord. 2041 § 4, 1991; Ord. 1927 § 4, 1989.)

   Where no use of a nonconforming building or improvement is made for a period of six months, or said premises used for a conforming use for a period of six months, no further continuance of such nonconforming use shall be made. The existence of such nonconforming use shall be terminated and the use of such premises shall be as determined by the provisions of this chapter.

(`78 Code, § 17.90.110.)

   The nonconforming uses and buildings which are existing under a variance or a conditional use permit granted under this or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in said permit or variance.

(`78 Code, § 17.90.120.)

   A security fence that does not conform to the size or property development standards of the zone within which it is located may be repaired or relocated; provided, however, the relocation does not constitute an extension, enlargement or increase of the nonconforming security fencing.

(`78 Code, § 17.90.130.)

   Except as otherwise provided in § 17.74.260, and notwithstanding anything to the contrary stated in §§ 17.90.030(A), 17.90.040, 17.90.060, 17.90.070 and 17.90.110, any automobile service station, any Group B building, any use, any outdoor storage and any performance standard, as described in the aforesaid sections, which as of the effective date of the ordinance codified in this chapter is nonconforming, may be granted a permit by the Board of Zoning Adjustment to continue in a nonconforming status for a certain period as provided by the Board subject to reasonable conditions imposed thereon by the Board of Zoning Adjustment.

(`78 Code, § 17.90.140.) (Ord. 2437 § 7, 2000; Ord. 2047 § 9 (part), 1991.)

   (A)   Before a permit may be granted for the continuation of the nonconforming state in question, the Commission or Council, upon appeal to it, shall make findings from the evidence, as submitted, that the subject nonconforming building, use, storage area or performance standard (referred to in this section as "subject") is a nonconforming Group B building, use, storage area or performance standard, as described in the pertinent sections of Chapter 17.90, the continuation of the nonconforming status in question is reasonably compatible with the area immediately surrounding the location of said subject, is not detrimental or undesirable to the public convenience or general welfare of persons residing or working in the neighborhood thereof and is not injurious to properties immediately surrounding the subject.

   (B)   Any person desiring a permit, under this section or § 17.90.130, to continue a nonconforming status shall make written application therefor to the Board of Zoning Adjustment on a form prepared and provided by the Board Secretary. The application shall require, among other things, an acknowledged statement by the applicant as to the date on which the subject of the nonconforming status commenced.

   (C)   The proceedings for application and consideration of the permit shall be in accordance with the applicable terms and provisions of §§ 17.92.070 through 17.92.100, 17.92.120, 17.92.130 and 17.92.160 and shall be quasi judicial in nature. Whenever the phrase "conditional use permit" or term "permit" is used in said sections, it means for the purpose of this section a permit applied for or granted under this section.

(`78 Code, § 17.90.150.) (Ord. 2047 § 9 (part), 1991.)