Within the zoning districts established by this title, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this title or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date thereof. Such lots, structures and uses are herein called "legal nonconformities." Legal nonconformities may be continued notwithstanding the prohibition, regulation or restriction of those provisions subject to the provisions of this chapter or, in the case of signs, the provisions of Chapter 18.116.

(Ord. 943 § 3 (part), 1990: prior code § 12850)

In any district in which a single-family dwelling is a permitted use, a single-family dwelling and accessory buildings may be constructed on any legally created lot notwithstanding that such lot may have become substandard by the later imposition of minimum width or minimum area regulations which it does not meet as long as such construction complies with all state and federal laws and regulations and all other regulations of this code.

(Ord. 943 § 3 (part), 1990: prior code § 12851)

A legal nonconformity may continue notwithstanding any other provisions of this title and may be repaired, maintained, restored, rebuilt following destruction regardless of the extent of the destruction, rehabilitated, remodeled, redesigned or rearranged as long as all of the following conditions are observed:

A.

The repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement does not enlarge, increase or extend the area of land occupied by the legal nonconformity or cubic content of any structures involved or the square footage of any structure other than a primary residence: does not relocate the legal nonconformity from the location it occupied on the date it first became a legal nonconformity; does not result in the construction of any additional structures, other than those otherwise permitted by the code, on the parcel or parcels occupied by the legal nonconformity; and does not increase the degree of the nonconformity as to volume of business or production, hours of operation, volume of traffic generated, or volume of waste produced or natural resources consumed. Notwithstanding the above, minor expansions of structures as determined by the director may be allowed for (i) accessory storage use added after November 1, 2008 and constituting no more than five hundred square feet of surface area cumulatively, and only for those legal nonconforming parcels in existence on July 1, 1993 which were used primarily for restaurant operations, (ii) uses solely to meet the minimum requirements of the Americans with Disabilities Act (ADA) requirements (such as adding access ramps or ADA compliant restroom facilities), and (iii) minor relocations of structures may occur where such movement decreases the nonconformity in questions (such as moving a structure further outside of a required setback).

B.

The legal nonconformity has not been determined by the director, the board of supervisors, the district attorney, or any other governmental official authorized by law to do so, to be conducted in such a manner as to constitute a public nuisance as defined in Penal Code Section 370 or any future amendment thereof;

C.

A certificate of the present extent of the legal nonconformity is obtained in accordance with Section 18.132.050 prior to application for any building or other permits required in connection with the repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement of the legal nonconformity;

D.

The legal nonconformity has not lost its legal nonconforming status through abandonment as defined in Section 18.132.040.

(Ord. 1316 § 1, 2009: Ord. 1268 § 14, 2005: Ord. 1038 § 1, 1993; Ord. 943 § 3 (part), 1990: prior code § 12852)

(Ord. No. 1370, § 56, 3-20-2012)

A legal nonconformity or portion thereof shall lose that status and thereafter the land and all structures involved therein shall be used only in conformity with the regulations then in effect for the zoning district where the legal nonconformity is located if either of the following occurs:

A.

The legal nonconformity or portion thereof has been determined by the director, the board of supervisors, the district attorney, or any other governmental official authorized by law to do so, to be conducted in such a manner as to constitute a public nuisance as defined in Penal Code Section 370 or any future amendment thereof and such nuisance has not been abated by the owner within the period prescribed by such officials, entities or the courts pursuant to administrative or judicial abatement proceedings;

B.

The legal nonconformity or portion thereof has been voluntarily abandoned. For purposes of this subsection, "voluntary abandonment" shall mean cessation of the use or portion thereof for six consecutive months or twelve nonconsecutive months in any two-year period or, if the use is seasonal, for more than one season; except, that if the cessation is caused by the destruction in whole or in part of conforming or legal nonconforming facilities or structures which are essential to continuation of the use, and that destruction is by fire, lightning, riot, explosion, earthquake, accident, or any Act of God other than by a flood occurring within a floodway as defined in Title 16, then the use shall be deemed voluntarily abandoned only if not recommenced within two years of the date of the destruction if no building permit is required to repair the structure or facility, or within two years of final inspection if a building permit is required for repair of the facility or structure and such permit is obtained within one year of the date of the destruction.

(Ord. 1082 § 13, 1995; Ord. 943 § 3 (part), 1990: prior code § 12853)

A.

The owner of a legal nonconformity:

1.

At any time may apply for a certificate determining the present extent of the legal nonconformity; or

2.

Upon notification by the director in the event of a dispute over voluntary abandonment, entitlement to issuance of a building or other permit, or intensity and/or scope of the nonconformity, shall apply for a certificate determining the present extent of the legal nonconformity.

B.

Such application shall be filed with the department in the form prescribed by the department, and shall be accompanied by that fee adopted by resolution of the board of supervisors.

C.

In the capacity as zoning administrator, the director shall hold a public hearing to determine the present extent of the legal nonconformity. Such hearing shall be held in accordance with the procedures set forth in Section 18.124.040. The owner shall have the burden of proof to establish the original legal nonconforming status of the use, structure or combination thereof; the extent of any repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement which has occurred which conforms to the standards set forth in Section 18.132.030; and the extent of any voluntary abandonment of the legal nonconformity since originally established.

1.

For residential projects, the public hearing may be waived and the director is authorized to render an administrative decision if, after providing notice of the intended decision and right to request a public hearing to property owners within one thousand feet of the project parcel, the director finds that no member of the public has requested said hearing, and that no additional information is required to render a decision.

2.

For residential projects, where the sole question raised is the existence of a residential structure within required yards, road setbacks, or stream setbacks, the director is authorized to render an administrative decision without notice or public hearing if the director finds that no additional information is required to render a decision.

D.

At the conclusion of the hearing, the zoning administrator shall determine the present extent of the legal nonconformity and issue a certificate setting forth such determination.

E.

The determination of the zoning administrator may be appealed to the board of supervisors in accordance with the procedures set forth in Chapter 2.88.

F.

Within thirty calendar days of issuance of the certificate or, in the event of appeal, within thirty calendar days of the final decision of the board of supervisors on appeal, the zoning administrator shall file a true and correct copy of the certificate with the Napa County assessor.

G.

The procedure set forth in this section shall also be used to determine the present extent of those certain winery and winery-related uses permitted without a use permit pursuant to subsection (G) of Section 18.16.020 or subsection (H) of Section 18.20.020. For purposes of such determination, all references in this section to "legal nonconformity" shall be replaced by the term "uses permitted pursuant to subsection (G) of Section 18.16.020 or subsection (H) of Section 18.20.020.

(Ord. 1260 § 6, 2005: Ord. 981 § 55, 1991; Ord. 943 § 3 (part), 1990: prior code § 12854)

(Ord. No. 1370, § 57, 3-20-2012; Ord. No. 1395, § 6, 12-16-2014)

Notwithstanding any other provisions of this chapter, any legal nonconformity that was destroyed, substantially damaged or discontinued as a consequence of the Atlas Peak fire of June 1981 may, if such legal nonconformity was otherwise legal, be repaired, rebuilt, restored or recommenced at any time provided that such legal nonconformity has not been voluntarily abandoned as defined in this chapter except as to time elapsed since the fire, or is not enlarged in scope, size or extent as a consequence of such repair, replacement, rebuilding, restoration or recommencement.

(Ord. 943 § 3 (part), 1990: prior code § 12855)

A.

Notwithstanding any provision in this chapter to the contrary, any restaurant located immediately adjacent to Highway 29, on a parcel of land which is contiguous to an incorporated city, may use any existing outdoor porch or patio areas for seating and service of restaurant patrons at not more than twenty

additional tables with not more than eighty additional seats on such porch or patio area in addition to any limits on indoor dining, and may enclose an area not greater than five hundred square feet attached to the restaurant building for the storage of restaurant supplies.

B.

Notwithstanding subparagraph (A), the uses permitted by this section are not authorized until a site plan application has been filed and the uses approved by the director in the manner set forth in Chapter 18.140 of the Napa County Code. Said site plan application, in addition to all other requirements set forth in Chapter 18.140, must include one parking space for each one hundred twenty feet of area utilized for the seating and service of restaurant patrons, including but not limited to any existing outdoor porch or patio areas.

(Ord. 94-1 § 1, 1994: Ord. 1076 § 1, 1994)

Notwithstanding any provision in this chapter to the contrary, Landmarks of Special Significance listed in subsection (C) of Section 15.52.035 may be reused for their historic uses as set forth in subsection (E) of Section 15.52.040 subject to the procedures and findings in Chapter 18.124 and the findings in Section 18.104.430.

(Ord. No. 1367, § 10, 12-6-2011)

Editor's note— Ord. No. 1381, § 5, adopted March 12, 2013 and effective April 11, 2013, repealed § 18.132.070, which pertained to amortization of certain nonconformities and derived from Ord. No. 1349, § 4, adopted Oct. 26, 2010 and effective Dec. 26, 2010.