A.   A use lawfully occupying a structure or a parcel on the date this Zoning Code became effective, or amendments thereto, which does not conform with the use regulations for the zoning district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.

   B.   A structure lawfully occupying a parcel on the date this Zoning Code became effective, or of amendments thereto, which does not conform with the standards of coverage, front setback, side setbacks, rear setback, or distances between structures prescribed in the regulations for the zoning district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this section.

   C.   Routine maintenance and repairs may be made to a structure or parcel with a nonconforming use or on a nonconforming structure. (Ord. 2024-001, 9-10-2024)

      1.   Any parcel having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded;

      2.   Any parcel of record in any area thus far or hereafter annexed to the city, of record as of the time of such annexation, and which was not in violation of any area requirement of any county ordinance on zoning or subdivisions, in effect at the time of such annexation; or

      3.   Certain parcels mentioned in Paragraphs 1 and 2, above, relating to the effect of eminent domain.

   B.   No parcel with common side parcel lines with another parcel under common ownership shall be deemed to be a legal substandard parcel within the exception of the minimum parcel area requirements.

   C.   If the area of a parcel is reduced below the minimum requirement, such parcel shall be deemed to be a legal substandard parcel under the provisions of Subsection 10.70.040.A (Legal Substandard Parcels), and any existing structure on the parcel shall be deemed to be nonconforming.

   D.   If a required setback is reduced below the minimum requirement or eliminated, any affected structure shall be deemed nonconforming; however, such structure may be altered or enlarged if such alterations or enlargements comply with all other requirements of the zoning district in which the parcel is located.

   E.   Where a group of legal substandard parcels have common side parcel lines and are under a common ownership and have in the aggregate less than the minimum area requirement, the City may require a voluntary lot merger of said parcels to form a single legal substandard parcel pursuant to Government Code 66451.10 and Title 11. (Ord. 2024-001, 9-10-2024)

Except as otherwise provided in this section, a parcel having an area, frontage, width, or depth, less than the minimum prescribed for the zoning district in which the parcel is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record before the adoption of this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any allowed use listed for the zoning district in which the parcel is located, but shall be subject to all other regulations of the applicable zone district. (Ord. 2024-001, 9-10-2024)

Nonconforming parcels may be used for development subject to compliance with all other provisions of this part and other applicable laws. A Nonconforming parcel may not be further reduced in area or dimension. (Ord. 2024-001, 9-10-2024)

      1.   A building permit for the restoration is issued within twenty-four (24) months of the incident and a certificate of occupancy is issued within thirty-six (36) months of building permit issuance.

      2.   If a building permit for restoration is not issued within twenty-four (24) months of the incident, then the structure shall not be restored except in full conformity with the regulations of the applicable zone district in which it is located, and the nonconforming use shall not be resumed.

      3.   If a certificate of occupancy is not issued within thirty-six (36) months of building permit issuance, then the structure shall not be restored except in full conformity with the regulations of the applicable zone district in which it is located, and the nonconforming use shall not be resumed.

      4.   If additional time is needed, a request in writing to the Community Development Director shall be submitted.

      1.   The existing structure is commercial or industrial and is altered in accordance with all of the following criteria:

         a.   The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story;

         b.   The alterations are only undertaken to the minimum extent necessary to maintain a safe structure;

         c.   The existing exterior wall elements or principal support structure remain in place at all times and provide necessary structural support to the structure upon completion of the alterations; and

         d.   No new floor area is added.

      2.   The existing structure is residential and is altered in accordance with all of the following criteria:

         a.   The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story; and

         b.   The existing first story exterior wall elements remain in place at all times and provide necessary structural support to the structure upon completion of the alteration. (Ord. 2024-001, 9-10-2024)

A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made except as provided in Section 10.74.010.C (Demolition), unless the Planning Commission allows more extensive work through Conditional Use Permit approval, subject to appeal to the City Council. (Ord. 2024-001, 9-10-2024)

The Planning Commission shall issue a Conditional Use Permit for extensive work on a nonconforming structure only if all of the following findings can be made:

   A.   The altered structure will not significantly increase any identified impact such as traffic, on-street parking or noise.

   B.   The altered structure will be compatible with any existing nonconforming and conforming use on-site.

   C.   The altered structure will not impair the character and integrity of the neighborhood.

   D.   The altered structure will not impair the utility or value of adjacent property or the general welfare of the neighborhood.

   E.   The altered structure is not detrimental to the public peace, health, safety, morals, or welfare. (Ord. 2024-001, 9-10-2024)