For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ANY SUBSEQUENTLY ADOPTED ORDINANCE OR REGULATION. Any ordinance or regulation changing the development standards of this chapter adopted subsequent to the adoption of this subchapter.

   INVOLUNTARY DESTRUCTION. The partial or total destruction of a structure as a result of natural disaster, war, civil disturbance or fire not caused by nor resulting from the action of the structure's owner or agents.

   NONCONFORMING LOT. Any lot which was lawfully created but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this code applicable to the zone in which the lot is situated.

   NONCONFORMING STRUCTURE. Any building or structure, or any portion thereof, which was lawfully constructed but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this chapter applicable to the zone in which the structure is situated.

   NONCONFORMING USE. Any use which was lawful at the time it was established but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of this chapter applicable to the zone in which the use is situated.

   NONRESIDENTIAL ZONES. The following zones: Retail Commercial Zone (C-1); Commercial and Light Manufacturing Zone (C-3); Light Manufacturing Zone (M-1); Automobile Parking Zone (P-1); Architectural Design Zone (D); and any future zone created by ordinance permitting any commercial, manufacturing or parking use.

   TERMINATION. The cessation of the right to maintain the existing nonconforming use, structure or lot; including, but not limited to:

      (1)   The alteration to a conforming structure or the complete removal of any nonconforming structure; and

      (2)   The discontinuance of a nonconforming use or conversion to a conforming use.

(Ord. 393-C.S., passed 5-18-93)

   The following shall apply to all nonconforming uses existing at the effective date of this subchapter or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

   (A)   Any nonconforming use housed in a conforming structure may be continued and maintained except as otherwise provided in this subchapter, and further provided:

      (1)   There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director.

      (2)   There is no addition to, nor intensification of, the nonconforming use.

      (3)   There is no addition to, nor change to, any other nonconforming use.

      (4)   The nonconforming use is maintained in compliance with the health and safety codes and other titles of the city code and ordinances.

      (5)   The right to maintain a nonconforming use shall terminate if such use is discontinued for a period of 120 consecutive days or more.

      (6)   A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use, including parking requirements, are satisfied. Once changed, said nonconforming use may not be reestablished.

      (7)   If the structure in which the nonconforming use is housed is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was housed.

   (B)   Any nonconforming use housed in a nonconforming structure may be continued and maintained, so long as it complies with the provisions of division (A) of this section, and as otherwise provided in this subchapter, and further provided:

      (1)   If the nonconforming structure in which the nonconforming use is housed is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was housed.

      (2)   (a)   A nonconforming use housed in a nonconforming structure may be changed to another use if:

            1.   The proposed use is permitted in the zone in which the existing use is situated;

            2.   The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and

            3.   The parking requirements in effect at the time of the change for the proposed use are satisfied.

         (b)   Once changed, said nonconforming use may not be reestablished.

      (3)   The change of a nonconforming use housed in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subchapter, nor in any subsequently adopted ordinance or regulation.

      (4)   The right to maintain a nonconforming use shall terminate if such use is discontinued for a period of 120 consecutive days or more.

(Ord. 393-C.S., passed 5-18-93; Am. Ord. 687, passed 3-7-23)

   The following shall apply to all nonconforming structures existing at the effective date of this subchapter, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.

   (A)   Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure, and further provided:

      (1)   In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed 50% of the cost of replacing the entire structure, as determined by division (D)(6) of this section, except as provided in divisions (A)(2) and (3) below.

      (2)   In the event of involuntary destruction of a nonconforming residential structure as set out in division (A)(1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director the following:

         (a)   Rebuilding will not enlarge the size of the structure nor increase the extent of non- conformance;

         (b)   The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and

         (c)   The structure was properly maintained, as required by health, safety and building codes and other titles of this code and ordinances, immediately prior to the destruction.

      (3)   Nonconforming residential structures located in the R-1 and R-1A Zones involuntarily destroyed in whole or in part shall be exempt from the provisions of this subchapter, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.

      (4)   In no case shall a nonconforming residential structure located in the R-1 or R-1A Zones involuntarily destroyed in whole or in part be required to comply with the requirements of §§ 153.035 et seq.

      (5)   In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-residential zone including, but not limited to, R-2 and R-3 Zones, unless the City Council shall make a subsequent determination to the contrary.

      (6)   Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use.

   (B)   Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subchapter, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director, and which do not enlarge the structure; and further provided:

      (1)   The entire structure does not remain unoccupied for six consecutive months or more.

      (2)   In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed 50% of the cost of replacing the entire structure, pursuant to division (D)(6) of this section.

      (3)   Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use.

      (4)   In addition to the causes of termination set out in divisions (B)(1) and (2) of this section, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure has reached the age of 40 years, computed from the date the building was erected.

   (C)   Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subchapter, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director, and which do not enlarge the structure; and further provided:

      (1)   Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six consecutive months.

      (2)   In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds 50% of the cost of replacing the entire structure, pursuant to division (D)(6) of this section.

      (3)   Any legal nonconforming status of a structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director.

   (D)   General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subchapter, shall include:

      (1)   Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

      (2)   When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two or more separate buildings or structures located on one or more lots, the nonconformity of any one building pursuant to this subchapter shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subchapter.

      (3)   Any reconstruction, maintenance, repair or alteration authorized or permitted by this subchapter to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified nor any other changes made in the size or configuration of the structure, except as specifically provided in this subchapter.

      (4)   Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the floor area or materially alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director.

      (5)   Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subchapter, shall have such reconstruction or repair started within one year from the date of damage and shall be diligently pursued to completion. Otherwise the legal nonconforming status of the structure shall be lost.

      (6)   Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director based on a current appraisal of the structure, provided at the owner's expense, by a California licensed and certified appraiser.

      (7)   Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the use it housed.

      (8)   A nonconforming structure may be remodeled provided:

         (a)   There is no increase in the total size, the height or the useable floor area of the structure;

         (b)   There is no increase in the extent of nonconformity; and

         (c)   There is no new nonconformity created.

   (F)   Exemptions to the requirements of this subchapter shall apply to structures that are:

      (1)   Public utility structures so long as said structures are directly involved in providing public utility services; or

      (2)   A structure made nonconforming solely by reason of a dedication to or acquisition by the city or other government agency, directly or by eminent domain, for a public purpose.

(Ord. 393-C.S., passed 5-18-93; Am. Ord. 687, passed 3-7-23)

   The following shall apply to all nonconforming lots existing at the effective date of this subchapter or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.

   (A)   Any improved nonconforming lot may not be further developed with any additional structure. Any existing structures on a nonconforming lot shall be considered a nonconforming structure and be subject to the provisions of this subchapter.

   (B)   Any legally existing nonconforming lot in the R-1 and R-1A Zones are exempt from the provisions of this subchapter, except as may be otherwise provided for in this subchapter.

   (C)   Exemptions to the requirements of this subchapter shall apply to lots that are:

      (1)   Public utility lots so long as said lots are directly involved in providing public utility service;

      (2)   A lot made nonconforming solely by reason of a dedication to or acquisition by the city or other government agency, directly or by eminent domain, for a public purpose; or

      (3)   An undeveloped lot which was lawfully created but by reason of any subsequently adopted ordinance or regulation does not now conform to the provisions of this code applicable to the zone in which the lot is situated.

(Ord. 393-C.S., passed 5-18-93)

   (A)   Notification to the owner of record of any nonconforming use, structure or lot subject to termination pursuant to this subchapter shall be provided in writing by the Community Development Department, served by certified, return receipt first class mail, of the pending termination. The notification shall contain the following information:

      (1)   The location of the nonconforming use, structure or lot including street address and assessor's parcel number;

      (2)   The section of this code requiring the termination;

      (3)   The effective date of said termination; and

      (4)   The process of appeal of said termination.

   (B)   The owner of the nonconforming use, structure or lot may appeal the proposed termination pursuant to the following administrative procedure:

      (1)   Within 30 calendar days of service of the notification of the proposed termination the owner or other person with an interest in the property may file a written appeal to the Community Development Director. The request shall state all reasons, including but not limited to alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective.

      (2)   Within 30 calendar days of service of said appeal the Community Development Director shall meet with the owner and/or his/her representative to discuss the termination and the appeal. No later than ten calendar days following the meeting the Community Development Director shall provide written notice of his/her decision to the owner.

      (3)   No later than 15 days of service of said written decision by the Community Development Director, the owner may appeal the decision to the City Council by submitting a written notification of the appeal to the City Clerk and paying an appeal fee as established from time to time by resolution of the City Council.

      (4)   No later than 45 days from the receipt of the appeal, the City Clerk shall place the appeal on the City Council's agenda and shall cause notice of said appeal to be published once.

      (5)   The City Council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the City Council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action.

   (C)   Notwithstanding procedures provided for in this section, nothing shall prohibit the owner of a nonconforming use from requesting relief from action as provided for by this subchapter.

(Ord. 393-C.S., passed 5-18-93)

   In addition to any other provisions of this subchapter, the following provisions for relief are available to owners of nonconforming uses, structures or lots:

   (A)   Any owner of a nonconforming use subject to termination under the provisions of this subchapter may apply to the Planning Commission for a conditional use permit and/or a variance, as applicable.

   (B)   Any owner of a nonconforming structure subject to termination under provisions of this subchapter may apply to the Planning Commission for a variance.

   (C)   Any owner of a nonconforming lot unable to comply with the provisions of this subchapter may apply to the Planning Commission for a variance.

(Ord. 393-C.S., passed 5-18-93)

   The Community Development Director shall be responsible for enforcement of this subchapter. Actions of the Department shall include, but not be limited to the following:

   (A)   The business license of a nonconforming use subject to termination shall be revoked as provided for in Chapter 110 of this code;

   (B)   No permit shall be issued for a nonconforming structure nor a nonconforming lot subject to termination;

   (C)   Such actions for public nuisance abatement as may be provided for in Chapter 98 of this code; or

   (D)   Such code enforcement actions as may be provided for in this code.

(Ord. 393-C.S., passed 5-18-93)

   The provisions of §§ 153.420 through 153.426 above shall apply to the amortization and discontinuance of nonconforming massage establishments, except to the extent they are modified by the provisions of this section.

   (A)   All massage establishments which have a valid certificate of operation under Chapter 122 of this Code prior to January 20, 2015 shall be required to have applied for a conditional use permit no later than January 20, 2018. Any change to the approved floor plans during this time period shall require written approval from the Community Development Department prior to such change.

   (B)   Any massage establishment in operation on January 20, 2015 which had a conditional use permit prior to the adoption of Ordinance 591-C.S. on September 20, 2011 need not obtain a new conditional use permit and such conditional use permit shall be considered valid. However, all such businesses shall be required to immediately comply with the provisions of Chapter 122 of this Code as amended.

(Ord. 618-C.S., passed 1-20-15; Am. Ord. 619-C.S., passed 4-21-15)