King City City Zoning Code
CHAPTER 17
58 NONCONFORMING USES
§ 17.58.010 Purpose and applicability.
(a)
The provisions of this chapter shall apply to land uses, structures, and parcels that were lawful before the adoption, or amendment of the zoning ordinance (Title 17), but which would be prohibited, regulated, or restricted differently under the current terms of the zoning ordinance or an amendment that changed the applicable requirements.
(b)
It is the intent of the zoning ordinance to allow nonconformities to exist under the limited conditions outlined in this chapter, but to discourage the long-term continuance of nonconformities.
(c)
This chapter shall apply to circumstances that became nonconforming by initial adoption of this chapter or amendment to this chapter. It shall also apply to nonconforming situations that were legal nonconforming uses or other situations under a similar provision of previously applicable chapters or resolution and that remain nonconforming with one or more provisions of the zoning ordinance.
(Ord. 681 § 1, 2009)
§ 17.58.020 Definitions.
A legal nonconforming use or structure is a use or structure which was legally established according to the applicable zoning and building laws of the time, but which does not meet current zoning and building regulations. A use or structure can become legal nonconforming due to rezoning, annexation, or revisions to the zoning code.
A parcel that was legally created before the adoption of the zoning ordinance or amendment, but does not comply with the current area, width, depth, or other applicable requirements of the zoning ordinance.
A structure that was legally constructed before the adoption or amendment of the zoning ordinance, but does not comply with the current setback, height limit, off-street parking, and/or other applicable requirements of the zoning ordinance.
A use of land that was legally established and maintained before the adoption of the zoning ordinance or amendment, but does not conform to the current zoning ordinance requirements for allowable land uses within the applicable zone.
Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios or parking spaces. (Pursuant to Municipal Code Section17.04.490.)
For purposes of this chapter, substantial expansion, rehabilitation, or renovation occurs when at least twenty-five percent of the floor area of the existing residential structure is proposed to be added to the structure or a building permit is requested for construction valued at fifty percent or more of the assessed value of the structure before expansion, rehabilitation, or renovation.
For purposes of this chapter, technical codes refers to state and local laws for building, electrical, mechanical, plumbing, and housing codes.
Estimates of repairing or replacing the damaged portion of the structure for purposes of this chapter 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.
(Ord. 681 § 1, 2009)
§ 17.58.030 Nonconforming uses.
(a)
General. A nonconforming use may be continued, including through a transfer of ownership; provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming, except as provided in subsections (b), (c) and (d) of this section and in Section 17.58.090 (Exemptions).
(b)
Nonconforming Use in a Conforming Structure. A nonconforming use within a conforming structure may be replaced with a similar use with conditional use permit (“CUP”) approval (Municipal Code Section 17.60.020, Use permits issuance), except that if a nonconforming use is changed to a conforming use, no nonconforming use may be established thereafter.
(c)
Expansion or Enlargement of Use.
(1)
Expansion or enlargement of a conforming use shall not require that other nonconforming uses on the subject parcel be brought into conformance with the regulations of that zoning district.
(2)
A nonconforming use may be expanded one time by up to twenty-five percent (measured in gross square footage occupied) through approval of a CUP (Municipal Code Section 17.60.020, Use permits issuance) provided that all off-site improvements, as identified by the city, be constructed by the applicant, in accordance with all city standards and requirements. A nonconforming use shall not otherwise be expanded or enlarged unless required by law or by ordinance.
(d)
Alterations. A building used for a non-conforming use may be reconstructed or structurally altered up to fifty percent of its replacement cost unless the building is changed to a conforming use; however, an application may be made to the planning commission for a CUP (Municipal Code Section 17.60.020, Use permits issuance), if the request for reconstruction or structural alteration renders a genuine service to the city and is in the best interest of the public health, safety and general welfare.
(Ord. 681 § 1, 2009)
§ 17.58.040 Nonconforming structures.
(a)
Uses Permitted. A nonconforming structure may be used for any permitted use in the applicable district or for any legal nonconforming use in the district in which the structure is located.
(b)
Expansion or Enlargement of Structure.
(1)
Additions and alterations to non-conforming structures are allowed within any twelve-month period without making the entire property conform, if said improvements do not exceed fifty percent of the value of the existing building or structure being altered.
(2)
Single-family Dwelling. A single-family dwelling, including its garage, that is nonconforming with respect to setback requirements, height limits, or other development standards may undergo interior modifications in compliance with technical code requirements without limitation by this chapter. Exterior modifications that go beyond the prior structure footprint may be allowed as follows:
(A)
The community development director may approve an addition to a nonconforming single-family dwelling where the addition complies with applicable setback requirements; and
(B)
An addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed with CUP approval; provided that the addition is less than twenty-five percent of the total floor area of the existing structure and the planning commission makes the following findings of fact:
(c)
Maintenance and Repair. Any nonconforming structure or portion thereof may undergo ordinary maintenance and repair. The building official shall determine if a separate building or electrical permit is required.
(d)
Retrofitting and California Uniform Building Code Compliance. A nonconforming structure may undergo alterations, reconstruction, or repair to reinforce unreinforced masonry or to comply with technical code requirements; provided, the work is exclusively to comply with applicable earthquake safety standards and the California Uniform Building Code, and does not change the structure’s footprint or height.
(Ord. 681 § 1, 2009)
§ 17.58.050 Nonconforming parcels.
(a)
Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of the zoning ordinance shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the community development 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 one ownership, was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming;
(3)
Variance. The parcel was approved through the variance procedure, pursuant to Municipal Code Chapter 17.62 (Variances); or
(4)
Partial Government Acquisition. The parcel was created in compliance with the provisions of the zoning ordinance, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.
(B)
Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel.
(Ord. 681 § 1, 2009)
§ 17.58.060 Other nonconforming situations.
Continuance of other nonconforming situations will be tolerated but not encouraged. To the maximum extent practicable within the boundaries of the property controlled by the same owner, other nonconforming situations shall be brought into conformance with the requirements of this chapter on the earlier of any date established for such conformance by any requirement of this chapter or upon the application of the owner for any building permit, subdivision approval, or other permit or approval required from the city for the continued or additional use or further development of the property on which the nonconforming situation is located.
(Ord. 681 § 1, 2009)
§ 17.58.070 Loss of nonconforming status.
(a)
Termination by Abandon.
(1)
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of twelve months or more, all rights to legal nonconforming status shall terminate.
(2)
The community development director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.
(3)
The community development director may grant a CUP (Municipal Code Section 17.60.020, Use permits issuance) to allow an extension of the twelve-month period for a period not to exceed an additional twelve months if the community development director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the CUP for the extension of time before expiration of the original twelve-month period in compliance with Municipal Code Section 17.60.020 (Use permits issuance).
(4)
Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the regulations of the applicable district and all other applicable provisions of the zoning ordinance.
(b)
Termination by Destruction. Except as provided in Municipal Code Section 17.58.090(d) (Reconstruction or replacement), nonconforming status shall terminate if more than fifty percent of the replacement cost of such structure or use is destroyed. Said structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the regulations of Title 12 (Buildings and Construction) and those of the district in which it is located, or be removed completely within thirty days of the occurrence of the damage or destruction.
(Ord. 681 § 1, 2009)
§ 17.58.080 Nonconforming due to lack of permit.
(a)
Conformity of Uses Requiring a CUP. A use lawfully existing without the approval of a CUP that would otherwise be required in the district in which it is located 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 Planning Permits in Effect. A use that was authorized by a CUP but is not allowed by the zoning ordinance in its current location may continue, but only in compliance with the original CUP (e.g., maintaining the same site area boundaries, hours of operation, etc.).
(Ord. 681 § 1, 2009)
§ 17.58.090 Exemptions.
(a)
Interpretation. Applications for exceptions from the strict interpretation of this chapter may be made to the planning commission. The planning commission shall hold a public hearing to consider the application for the exception and shall either approve the application with any appropriate conditions that they may deem advisable, or else deny the application. No exception shall be granted absolving or excusing an applicant from the full provisions of the California Uniform Building Code and the requirements for compliance thereto.
(b)
Circumstances for Exemption. Applications for exceptions to the provisions of this chapter shall demonstrate the following circumstances in order to be eligible for consideration:
(1)
That the building or structure was erected in compliance with the existing codes of the city which were in effect at the time that the building or structure was erected;
(2)
That the granting of an exception will not substantially alter the intention of the existing zoning regulations for the district within which the building or structure is located; and
(3)
If applicable, buildings or structures of historical significance that can be established as having a substantial value to the community may qualify for exceptions solely upon the basis of their historical significance.
(c)
Reconstruction or Replacement. A single- or multi-unit nonconforming dwelling damaged or destroyed by an act of nature may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements.
(d)
Substantial Expansion, Rehabilitation, or Renovation. Substantial expansion, rehabilitation, or renovation of an existing dwelling unit, as defined is Section 17.58.020(f), in a zone where residences are a nonconforming use may be allowed with CUP approval, in compliance with Municipal Code Section 17.60.020 (Use permits issuance). This includes dwellings damaged or destroyed by an Act of God.
(Ord. 681 § 1, 2009)