Moorpark City Zoning Code
CHAPTER 17
52 NONCONFORMITIES AND SUBSTANDARD LOTS
§ 17.52.010 Purpose.
The purpose of this chapter is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this title.
(Ord. 515 § 10, 2023)
§ 17.52.020 Nonconforming structures.
Where structures have been rendered nonconforming due only to revisions in development standards dealing with lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this chapter and may be continued and expanded or extended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for the zone in which such structures are located.
Nonconforming Facilities for Nonmotorized Wheeled Conveyances. Notwithstanding any other provision of this chapter, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 17.28.240 and the subsections thereof shall, on or before September 1, 1989, either be brought into conformance or be removed.
(Ord. 515 § 10, 2023)
§ 17.52.030 Continuation of existing nonconforming mobilehomes.
A.
The use of a nonconforming mobilehome as a residence under a continuation permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a director of community development conditional use permit is obtained and the following conditions are met:
1.
The mobilehome is in compliance with Section 17.28.020(C)(3) and the parking requirements of Section 17.32.010; and
2.
The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the actual commencement of such use.
B.
Mobilehomes used as residences under a director of community development conditional use permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the director of community development conditional use permit, provided that either: (1) a modification to renew the director of community development conditional use permit is obtained; or (2) the status of the mobilehome as a single-family dwelling meets the provisions of Section 17.28.020(C)(3) and parking requirements of Section 17.32.010.
(Ord. 515 § 10, 2023)
§ 17.52.040 Nonconforming uses due only to changes in parking requirements.
Where uses have been rendered nonconforming due only to revisions in parking requirements, such uses may be continued, expanded or terminated as follows:
A.
Expansion and Conformance. Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located.
1.
Exception. A single-family dwelling may be expanded when the proposed expansion does not meet current parking requirements, if all of the following conditions exist:
a.
The dwelling has at least one covered parking space;
b.
The existing lot configuration does not allow for a second (2nd) covered space, or does not allow for access to a second (2nd) covered space;
c.
The driveway provides a minimum of 20 feet from the property line to the existing covered space, which can be utilized as a parking space;
d.
The proposed addition otherwise conforms to the provisions of this title.
B.
Changes of Use. Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this title must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the planning division and be specified by the permit. The parking specified under the permit shall not be considered conforming.
C.
Discontinuance and Change of Use Status. The discontinuance for a period of 180 or more days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination of the nonconforming status of the use.
(Ord. 515 § 10, 2023)
§ 17.52.050 The keeping of animals.
Nonconformities due to the keeping of animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three years after the same becomes nonconforming, unless a continuance is granted in accordance with Section 17.52.060(B)(5).
(Ord. 515 § 10, 2023)
§ 17.52.060 Other nonconforming uses (no longer permitted).
All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions:
A.
Uses Not Involving Permanent Structures. The nonconforming use of land where no permanent structure is involved shall be terminated not later than three years after such use becomes nonconforming.
B.
Uses Within Structures Subject to Amortization. All nonconforming commercial or industrial uses in residential (R), open space or agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this title or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: Ten years for 1,000 square feet, plus one and one-quarter (1 1/4) years for each additional 100 square feet over 1,000 square feet; maximum 60 years. At the end of the amortization period, the use shall be brought into conformance with this title or terminated, unless a continuance is obtained pursuant to Section 17.52.060(B)(5).
1.
Expansion and Change of Use Prohibited. Nonconforming uses under the above paragraph shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except that structural alterations may be made therein as required by law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 17.52.060(B)(5), and subsequent to the period of amortization.
2.
Discontinuance or Change of Use Status. The discontinuance for a period of 180 or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use.
3.
Notice of Amortization. The director of community development shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this title, in those instances where the director of community development has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six months from the date the notice is sent. The notice shall set forth all pertinent provisions of this chapter, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this chapter.
4.
Notice of Termination and Order to Comply. Notice of termination of a nonconforming use and order to comply shall be served by the director of community development at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances where the director of community development is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within 30 days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use.
5.
Request for a Continuance of Nonconformities Beyond Period of Amortization. A request for a continuance of nonconformities beyond the period of amortization may be granted as follows:
a.
Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this chapter if the director of community development makes the following determinations:
i.
Special Circumstances. That special circumstances apply to any such use or structure which do not apply generally to others affected hereby; and
ii.
Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with and not detrimental to the use of adjacent properties.
b.
Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the planning division no later than 30 days following the service of a notice of termination and order to comply, or within 30 days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees as established by city council resolution.
c.
Determination by Director of Community Development. Upon filing of a complete application, the director of community development shall investigate the matter, give proper notice, hold an administrative hearing and make a decision thereon based on the criteria set out in this section and supported by written findings of fact within 75 days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the director of community development. The director of community development may impose such conditions, including time limitations, as he or she deems necessary for the compatibility of such nonconformity with adjacent properties.
d.
Appeals shall be filed in accordance with Section 17.44.090(A).
C.
Uses Not Amortized. Upon the effective date of the ordinance codified in this title or a later amendment thereto, any nonconforming use within a structure not otherwise identified in subsection B of this section, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial uses in industrial zones may continue, provided that:
1.
Expansion. No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, or additions to existing principal dwellings and churches in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one such dwelling may be expanded. The height and setback standards of the R-1 zone shall apply to a nonconforming residential use in a commercial or industrial zone.
2.
Change of Use. The nonconforming use may be changed to a use that is similar with approval of a city council approved conditional permit pursuant to the requirements of Chapter 17.44, Application Review Procedures, provided the changed use is considered to have no greater impact than the previously existing use, is similar to the nonconforming use and is not considered as an expansion of the existing use. Conditions may be imposed, including, but not limited to, time limitations, as deemed necessary for the compatibility of such nonconforming use with adjacent properties.
3.
Discontinuance and Change of Use Status. The discontinuance for a period of 180 or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a conditionally permitted use, constitutes abandonment and termination of the nonconforming status of the use.
(Ord. 515 § 10, 2023)
§ 17.52.065 Garage conversions-Grandfathered.
Garages, which were converted, without a permit, to a use other than a garage use prior to the city's incorporation, shall be considered to be legally conforming uses if the property owner is able to meet the following provisions:
A.
The property owner shall prove to the satisfaction of the director of community development that the conversion was done prior to city incorporation (July 1, 1983).
B.
The property owner shall apply for and obtain an administrative permit and building permit for the purpose of assuring that the conversion meets all applicable building codes. The administrative permit and building permit shall be obtained within four weeks of notification from the city of the property owner's compliance with subsection A of this section. The director of community development may extend the time period to obtain a building permit upon the determination that a circumstance justifying the need for such extension exists.
(Ord. 515 § 10, 2023)
§ 17.52.070 Destruction.
The following provisions shall regulate the destruction of structures in the given situations:
A.
Uses Not Amortized. The following provisions shall apply to nonamortized, nonconforming structures and structures containing nonconforming uses not subject to amortization:
1.
Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of 50% or less of its floor or roof area which existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the damage or destruction and is diligently pursued to completion.
2.
Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than 50% of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.
B.
Uses Amortized. The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization:
1.
Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of 50% or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the partial destruction may be continued if the restoration is started within a period of 12 months after the occurrence of the partial destruction and is diligently pursued to completion.
2.
Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than 50% of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.
(Ord. 515 § 10, 2023)
§ 17.52.080 Additional use.
While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use.
(Ord. 515 § 10, 2023)
§ 17.52.090 Use of nonconforming lots.
The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or subzone if and only if the lot is a legal lot.
(Ord. 515 § 10, 2023)
§ 17.52.100 Involuntary nonconformance.
Notwithstanding any other provision of this title, no lot shall be considered nonconforming within the purview of this chapter if such lot is rendered nonconforming as a result of a conveyance of any interest in such lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.
(Ord. 515 § 10, 2023)
§ 17.52.110 Effect of change of zoning regulations.
A.
On Authorized Uses Under Discretionary Permits. Any construction, expansion or alteration of a use of land or structures and any required zoning clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ordinance amendment, may be completed as authorized in the entitlement and in accordance with Section 17.44.060(G).
B.
On Uses Requiring a Ministerial Decision. All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required zoning clearance has been issued and the change of regulation is such that the zoning clearance no longer conforms to the provisions of this title, a new zoning clearance which conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency.
C.
Where the Only Change Is in the Type of Permit Required. Whenever adoption of this title or an amendment thereto results only in a requirement for a different permit for the same existing use, the property being used shall be governed by the following provisions:
1.
If the use affected is existing lawfully as a permitted use of any kind, the existing use is deemed to be conforming without any further action. Any modifications or expansions of the use, change of use, or additional use shall conform to this title, including requirements for type of permit. Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style shall not result in a requirement for a new permit.
2.
If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the applicant has applied for the required permit or renewal under this title.
(Ord. 515 § 10, 2023)