Santa Maria City Zoning Code
CHAPTER 12
31 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING
Section 12-31.01 Intent and purpose.
It is the intent and purpose of this chapter to declare uses, structures and lots legally existing on the effective date of these regulations which are not in conformance with the regulations of this title to be nonconforming. Nonconforming uses, structures, parking and lots are detrimental to the purposes of this title and are to be brought to or toward conformity as rapidly as possible in order to protect the public health, safety and general welfare.
(Prior Code § 10-92; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.02 Definitions.
As used in this chapter:
means a lot created lawfully and existing on the effective date of this zoning regulation and existing since that time in nonconformance with this zoning regulation.
exists where a parcel of land does not have sufficient parking to meet the requirements of the zoning regulations.
means a lawful structure existing on the effective date of this zoning regulation and existing since that time in nonconformance with this zoning regulation. A nonconforming structure may be nonconforming due to the following:
means a lawful use existing on the effective date of this zoning regulation and continuing since that time in nonconformance with the regulations. This would include residential uses exceeding the density requirements of the underlying zoning district.
(Prior Code § 10-93; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.03 Nonconforming uses: Continuance.
Nonconforming uses may continue in operation on the same land area and on the same floor area and/or land area as occupied on the effective date of these regulations provided that the degree of nonconformity is not increased. The land area or floor area of the structures shall not be increased except to the extent that the increase is used solely to bring the use or property closer or into conformance with these regulations, as determined by the Planning Commission.
(Prior Code § 10-93.2; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.04 Nonconforming uses: Changing.
A nonconforming use may be changed to a conforming use. Once changed to a conforming use, however, the use may not change back to a nonconforming.
(Prior Code § 10-94.1; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.05 Nonconforming uses: Termination.
A nonconforming use shall be terminated as a result of any one of the following actions, and once terminated shall not be reestablished.
(a)
Termination of Use. The use shall be considered terminated if the nonconforming use is discontinued for a period of six months.
(b)
Removal, Razing or Remodeling of Structure. The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed or razed to the extent that the cost thereof (in the value of the razed or removed portions) are equal to 50% or more of the structure's fair market value. Remodeling is permitted provided the use is not expanded and provided the nonconforming use is not hazardous to the general public welfare as determined by the Planning Commission.
(c)
Destruction or Damage of Structure. A structure which contains a nonconforming use which is damaged or destroyed may be rebuilt and the use reestablished provided that the structure and use is located on the same site, and is not enlarged or intensified.
(d)
Failure to Comply With Performance Standards. The right to operate and maintain nonconforming uses in the industrial zones shall terminate if the use is not made to comply with the performance standards within three years of the effective date of this title.
(Prior Code § 10-94.2; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.06 Nonconforming structures: Continuance.
Nonconforming structures may continue except for structures which are classified unsound by the building Code. Such structures which are damaged or destroyed may be rebuilt provided that the structure or use is located on the same site, is not enlarged or intensified and complies with the current Uniform Building Code.
(Prior Code § 10-94.3; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.07 Nonconforming structures: Modification.
(a)
A nonconforming structure may not be moved in whole or in part to any other portion of the lot unless the relocation brings the structure into conformance with the provisions of the zoning regulations.
(b)
A nonconforming structure shall not be added to, modified or enlarged unless the structure, including the addition, is made to conform in every respect with the provisions of the zoning regulations.
(c)
Exceptions:
(1)
Noncompliance with required side yards and height requirements: If the building is nonconforming because of noncompliance with required height or yard requirements, then additions, modification and enlargements can be made provided such additions, modifications or enlargements comply in every respect to the provisions of the zoning regulations.
(2)
In the residential zoning district, a single-family dwelling unit which is nonconforming because of side yards may expand, provided that the side yard setback of the addition is equal to or greater than the existing side yard and in no case less than three feet. Any proposed addition may encroach into the existing non-conforming side yard setback a maximum of 50% of the square footage of the existing building encroachment into the existing non-conforming side yard setback. Second stories, and those above, must be set back a minimum of five feet from the side property line.
(3)
Modification to nonconforming structures may be made to ensure public safety as per the Uniform Building Code.
(4)
In the R-2 and R-3 residential zoning districts, one or more additional attached dwelling units may be added to existing nonconforming dwelling units which are nonconforming because of side yards, provided that the side yard setback of the new units is equal to or greater than the existing side yard and in no case less than three feet, and the new units are architecturally consistent with the existing units. Any proposed addition may encroach into the existing nonconforming side yard setback a maximum of 50% of the square footage of the existing building encroachment into the existing non-conforming side yard setback. Second stories, and those above, must be set back a minimum of five feet from the side property line.
(Prior Code § 10-94.4; Ord. 83-1065 § 1, eff. 1/5/84; Ord. 90-22 § 3, eff. 10/18/90; Ord. 2005-04, eff. 5/19/05)
Section 12-31.08 Nonconforming parking: Continuance.
(Prior Code § 10-94.5; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.09 Nonconforming parking: Modification.
The erection or expansion of any building or structure or the intensification of any use on the parcel requiring additional parking spaces in accordance with Chapter 12-32 of this title shall not be permitted unless parking is provided for all the existing and proposed uses of the property as required by Chapter 12-32 of this title.
(Prior Code § 10-94.6; Ord. 83-1065 § 1, 1/5/84)
Section 12-31.10 Nonconforming lots: Continuing use.
The uses and structures permitted in the zone shall be permitted on nonconforming lots, subject to all other property development standards of the zone.
(Prior Code § 10-95; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.11 Nonconforming lots: Setbacks.
(a)
Where lots in a block have been improved with buildings so that 50% or more of the frontage of that block has been developed, the minimum setback required in front yards and corner side yards shall be the average of the improved lots if less than the requirements set forth in this title.
(Prior Code § 10-95.1; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.12 Nonconforming lots: Narrow lots.
On any parcel of land with an average width of less than 60 feet, which parcel is under one ownership or is shown as a lot on any subdivision map filed in the office of the county recorder, the width of each side yard may be reduced to 10% of the width of such parcel but in no case less than three feet. On a corner lot, however, the side yard adjacent to the street may not be less than 10 feet. Exception: The aforementioned provision does not apply to properties with a Planned Development permit that identifies setbacks.
(Prior Code § 10-95.2; Ord. 83-1065 § 1, eff. 1/5/84; Ord. 86-32 § 7, eff. 2/19/87; Ord. 2005-04, eff. 5/19/05)
Section 12-31.13 Nonconforming lots: Consolidation.
Where a nonconforming lot or lots have been combined to constitute a single building site by having erected thereon a building or required accessory building or parking area, at least a portion of which has extended across the common lot line or lines between such lots, such action shall have consolidated such lots as one building site. The building site may not be divided so as to create an additional building site unless that site meets the requirements established by this title.
(Prior Code § 10-96; Ord. 83-1065 § 1, eff. 1/5/84)
Section 12-31.14 Nonconforming public utilities.
Nothing in these regulations pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal of nonconforming public utility structures and equipment, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding of public utility distribution stations, building, structures, uses, equipment and facilities.
(Prior Code § 10-10.1; Ord. 83-1065 § 1, eff. 1/5/84)