Within the districts established by this title or by amendments which may be adopted after the ordinance codified in this title, there exist lots, structures and uses of land and structures which were lawful before the ordinance codified in this title was adopted or amended, but which would now be prohibited, regulated or restricted. The city council declares that nonconforming uses and structures are incompatible with permitted uses and structures and shall not be enlarged, expanded or extended. Further, nonconforming uses and structures are intended to be eliminated as soon as possible and such nonconforming uses and structures shall not be used as grounds for adding other structures or uses prohibited by this title.

(Ord. 357B §5.01.000, 1979)

The passage and adoption of the ordinance codified in this title shall not be construed to make conforming a use of land, building or structure which was nonconforming as determined by the regulations of Ordinance No. 107B of the city, as amended.

(Ord. 357B §5.01.010, 1979)

Any use existing on the effective date of the ordinance codified in this title, which is listed as a conditional use in the district wherein located, and for which a conditional use permit has not been granted, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Chapter 18.56.

(Ord. 357B §5.01.020, 1979)

The city council may, after a hearing before the planning commission on the subject, cause a nonconforming use to become a conforming use upon the issuance of a conditional use permit generally as provided in Chapter 18.56. The city council shall require such conditions as to make the use as nearly conforming to the district as possible. In addition, the city council shall make a finding in writing that the nonconforming use as conditioned will not be detrimental to the health, safety, peace and morals, comfort and general welfare of persons residing or working in the neighborhood of the use, or be detrimental or injurious to property and improvements in the neighborhood or of the general welfare of the city.

(Ord. 357B §5.01.030, 1979)

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking access under the Americans with Disabilities Act, Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies, procedures, and project entitlement exhibits or conditions of approval.

(Ord. No. 879B, § 1, 3-26-2013)

A request for reasonable accommodation may be made by any property owner, duly authorized tenant or lessee who desires to implement improvements to a specific property that are designed to provide access to housing when the application of a zoning law or other land use regulation, policy, practice, project entitlement exhibit or condition of approval acts as a barrier to reasonable access. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards, practices, and project entitlement exhibits or conditions of approval for the siting, development and use of structures and facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to access housing. Requests for reasonable accommodation shall be made in the manner prescribed by Section 18.47.030.

(Ord. No. 879B, § 1, 3-26-2013)

Application requests for reasonable accommodation shall be submitted as a written request to the development services director or his/her designee (alternative submission formats may be approved by the development services director or his/her designee should a written application be unduly burdensome). All requests shall include the following information:

(1)

The applicant's name, address and telephone number.

(2)

The name, address, and telephone number of the property owner(s).

(3)

The street address and assessor's parcel number of the property for which the request is being made.

(4)

The current actual use of the property.

(5)

A statement describing the basis for the claim that the applicant is entitled to and is being denied reasonable accommodation, including a description of the zoning law, provision, regulation, policy, project entitlement exhibit feature or condition of approval from which reasonable accommodation is being requested, a description of the specific accommodation requested, and an explanation of why the requested accommodation is necessary to make the specific property accessible to the applicant.

(6)

Photos, site plans, drawings, and/or other graphics as may be needed to make the proposed changes clear.

(7)

Concurrent review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

(Ord. No. 879B, § 1, 3-26-2013)

(a)

Development Services Director or His/Her Designee. If no approval is sought other than a request for reasonable accommodation, then the request for reasonable accommodation shall be reviewed by the Development Services Director, or his/her designee. The development services director or his/her designee shall make a written determination within five working days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(b)

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable reviewing authority shall make a written determination and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 18.47.050.

(Ord. No. 879B, § 1, 3-26-2013)

(a)

Findings. The written decision to grant, grant with modifications, or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following:

(1)

Whether the property which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to make the specific property accessible to an individual with disabilities protected under the Acts;

(2)

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;

(3)

Whether the requested accommodation would impose an undue financial or administrative burden on the city;

(4)

Whether the requested accommodation would be consistent with the general plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;

(5)

Whether the requested accommodation would present a substantial negative impact on the physical attributes of the property.

(b)

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required in subsection (a) of this section.

(Ord. No. 879B, § 1, 3-26-2013)

A determination by the reviewing authority to grant, grant with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Chapter 18.94 of this code.

(Ord. No. 879B, § 1, 3-26-2013)

Except as provided in this chapter, the nonconforming use of land may be continued; provided, that:

(1)

Such use shall not be expanded or extended in any way, either on the same or adjoining land.

(2)

Such use shall not be changed, except to a use which conforms to the regulations of the district in which such land is located.

(3)

If such use is discontinued for a period of 12 months or more, whether or not there was the intent to abandon such use, except upon court order, such use shall not thereafter be reestablished.

(Ord. 357B §5.02.000, 1979)

The nonconforming use of land shall be discontinued within three years from the effective date of the ordinance codified in this title or within three years from the date the use became nonconforming pursuant to a predecessor ordinance in each of the following cases:

(1)

Where no building or structure is employed in connection with such use;

(2)

Where the only buildings employed are accessory to the principal use of the land and the replacement cost thereof does not exceed $1,000.00;

(3)

Where such use is maintained in connection with a conforming building.

(Ord. 357B §5.02.010, 1979)

If the automobile parking space maintained on a lot in connection with a building or other structure at the time the ordinance codified in this title was adopted was insufficient to meet the requirement of this title, or where no parking space has been provided, the building or structure shall not be altered or enlarged to create additional dwelling use, seating capacity, floor area or guestrooms, as the case may be, unless additional automobile parking space is supplied and maintained to meet the requirements of this title for such additional dwelling units, seating capacity, floor area or guestrooms.

(Ord. 357B §5.02.020, 1979)

A nonconforming building or structure may be maintained or repaired provided that for any period of 12 consecutive months such repair and maintenance shall not exceed 25 percent of the current replacement costs of the nonconforming building or structure.

(Ord. 357B §5.03.000, 1979)

A building or structure which is nonconforming as to use, lot area or yard width or depth requirements of this title shall not be added to or enlarged unless such nonconforming building or structure and the addition or enlargement and the use are all made to conform to the regulations of the district in which it is located.

(Ord. 357B §5.03.010, 1979)

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless as a result of the move the building or structure will conform to the regulations of the district in which it will be located after the move.

(Ord. 357B §5.03.020, 1979)

A nonconforming building or structure which is damaged or partially destroyed by any reason to the extent of not more than 50 percent of its value at that time may be restored. The occupancy or use of such building or structure which existed at the time of such partial destruction may be continued or resumed, provided that the total cost of the restoration does not exceed 50 percent of the value of the building or structure at the time of the damage. The restoration is to be started within a period of one year of the damage and diligently prosecuted to completion. In the event such damage or destruction exceeds 50 percent of the value of the nonconforming building or structure, no repairs or construction shall be made unless every portion of the building or structure is made to conform to all regulations for new buildings in the district in which it is located. The value shall be determined by the city engineer in accordance with the provisions of the Uniform Building Code.

(Ord. 357B §5.03.030, 1979)

A nonconforming use of a conforming building or structure may be continued except as otherwise provided in this chapter.

(Ord. 357B §5.04.000, 1979)

In any district the nonconforming use of a main building shall be discontinued within five years from the effective date of the ordinance codified in this chapter or five years from the date the use first becomes nonconforming, whichever date is later.

(Ord. 357B §5.04.010, 1979)

Any nonconforming use of a conforming building or structure may be extended throughout the building provided no structural alterations except those required by law are made. If no structural alterations are made, the nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the planning commission, is the same or more restrictive in nature.

(Ord. 357B §5.04.020, 1979)

A structure, or a portion thereof, nonconforming in use, which is or becomes vacant and remains unoccupied for a continuous period of not less than 12 months, shall not thereafter be used unless the use conforms to the regulations of the district in which it is located.

(Ord. 357B §5.04.030, 1979)