This chapter establishes uniform provisions for the regulation of nonconforming land uses and structures.

A.

Within the zoning districts established by this title, there exist land uses and structures that were lawful before the adoption or amendment of this title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or under future amendments.

B.

It is the overall intent of this chapter to regulate the long-term continuance of nonconformities and to:

1.

Limit the number and extent of specific nonconforming uses and structures that conflict with the provisions of this title by prohibiting their reestablishment after abandonment or, in some cases, their enlargement;

2.

Allow for the reconstruction of nonconforming structures that are involuntarily damaged or destroyed, with certain limitations and regulations;

3.

Allow for the continuation and maintenance of specific nonconforming uses and structures;

4.

Establish procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and structures;

5.

Limit the alteration, enlargement, or relocation of nonconforming structures in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this title; and

6.

Ensure that current building and zoning standards do not unreasonably inhibit the adaptive reuse of existing structures or their the seismic and other structural upgrading.

(Ord. No. 1396, § 1, 3-27-18)

The provisions of this chapter shall apply to all nonconforming uses and structures located within any zoning district in the city. This chapter does not apply to land uses and structures that were illegally established, constructed, or modified. These are instead subject to code enforcement and nuisance abatement provisions of this code.

(Ord. No. 1396, § 1, 3-27-18)

The following provisions shall apply to all nonconforming uses and structures existing as of the effective date of this chapter:

A.

Maintained and Continued.

1.

Nonconforming Use. A nonconforming use may be maintained and continued; provided there is no increase or enlargement of the area, space, or volume occupied or devoted to the nonconforming use, except as allowed by this chapter.

2.

Nonconforming Structure. A nonconforming structure may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure, except as allowed by this chapter.

B.

Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.

C.

Replacement of a Nonconforming Use Prohibited. The nonconforming use of a structure or site shall not be changed to another nonconforming use.

(Ord. No. 1396, § 1, 3-27-18)

Each and every nonconforming use or structure may be continued and maintained, provided that there is no addition, alteration, or enlargement to any use or structure, except as allowed by this chapter, or unless ordered discontinued, modified, or removed as a public nuisance.

(Ord. No. 1396, § 1, 3-27-18)

So long as a nonconforming use or structure exists upon a lot, no new use or structure may be constructed, established, or installed on the lot, except as allowed by this chapter.

(Ord. No. 1396, § 1, 3-27-18)

Nonconforming uses and structures shall be subject to abatement and termination of the use, in the following manner:

A.

Termination for Violation of or Change of Use. Whenever any of the following facts are found to exist with reference to a nonconforming use, the nonconforming protection/benefits provided by this chapter shall cease, and the use shall be abated, except as otherwise allowed by this chapter.

1.

Material violation of any applicable law;

2.

A change from a nonconforming use to another nonconforming use;

3.

A change from a nonconforming use to a conforming use;

4.

An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use. No new additions or alterations shall increase existing nonconformities; or

5.

A structural alteration, except as required by law.

B.

Termination of Nonconforming Uses by Discontinuance.

1.

Without any further action by the city, a nonconforming use shall lose its nonconforming status and shall not be reestablished if the nonconforming use is discontinued for any reason for a continuous period of at least twenty-four months.

2.

A nonconforming use within a structure shall also lose its nonconforming status if the structure is demolished or removed from the site.

3.

The determination of discontinuance (aka abandonment) shall be supported by evidence, satisfactory to the director (e.g. the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use and not replaced, the turning off of the previously connected utilities, or where there are no business receipts/records or any necessary licenses available to provide evidence that the use is in continual operation).

4.

In an appeal of the director's determination that the use has lost its nonconforming status by discontinuance, the appellant shall be required to present evidence satisfactory to the director showing that the use is in continual operation.

5.

The use of the site after the discontinuance or removal of a nonconforming use shall comply with all current requirements of this title and the subject zoning district.

(Ord. No. 1396, § 1, 3-27-18)

A.

Ordinary Repair and Maintenance.

1.

Ordinary repair and maintenance may be performed on a structure or site, the use of which is nonconforming; and

2.

Ordinary repair and maintenance of a nonconforming structure shall be allowed.

B.

As used in this chapter:

1.

"Involuntary damage" shall mean involuntary damage or destruction of a structure, either in whole or in part, by a catastrophic event (e.g., fire or other calamity, by act of God, or by the public enemy) or over the course of time (e.g., termite infestation, dry rot, or mold).

2.

"Date of involuntary damage" shall mean the date of the catastrophic event that caused the involuntary damage, or for involuntary damage caused over time, the date that the city deems the damaged structure to be unsafe or irreparably deteriorated.

C.

Nonresidential Uses or Structures. Whenever a nonconforming nonresidential structure or a structure occupied by a nonconforming use is involuntarily damaged:

1.

The structure may be repaired, reconstructed or replaced with a new structure, and its use resumed, provided that:

a.

The applicant provides documentation satisfactory to the director supporting the claim that the damage occurred involuntarily;

b.

The replacement structure matches the original structure in terms of exterior materials, height, setbacks, size and building configuration;

c.

The replacement structure is in compliance with the city's adopted building code; and

d.

A building permit for the reconstruction is issued within twenty-four months after the date of involuntary damage and the construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this code in effect on the date a building permit is issued.

D.

Residential Uses or Structures.

1.

Nonconforming single- and multi-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged may be repaired, reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, square footage, building height, and density standards) in compliance with state law (including Government Code Section 65852.25), provided:

a.

The applicant provides documentation satisfactory to the director supporting the claim that the damage occurred involuntarily;

b.

No expansion of the gross floor area occurs;

c.

The replacement structure is in compliance with city's adopted building code; and

d.

A building permit is issued within twenty-four months after the date of involuntary damage and the construction is diligently pursued to completion.

2.

If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this code in effect on the date a building permit is issued.

(Ord. No. 1396, § 1, 3-27-18)

Nothing in this chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming use or structure in the following manner:

A.

Elimination of Nonconformity. The work shall be allowed in order to render the use or structure in conformity with this title;

B.

Reduction of Nonconformity. Work that reduces, but does not entirely eliminate a nonconformity, shall be allowed in the following circumstances:

1.

Work which reduces the nonconformity of residential setbacks shall be allowed provided that the modified setback is at least ten feet if in the front yard, five feet if in the rear yard, and three feet if in the side yard; or

2.

Any other work provided that an administrative design review permit covering such work is approved in accordance with Chapter 17.60.

C.

Compliance with Laws. The work shall be allowed in order to comply with any law enacted after December 31, 2017.

D.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

1.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with Chapter 15.44 (earthquake hazard reduction in existing buildings); and

2.

Reconstruction required to comply with the city's adopted building code requirements shall be allowed, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable building code requirements, including state law (e.g., Title 24, California Code of Regulations, etc).

E.

Alteration or Enlargement of a Nonconforming Structure.

1.

A nonconforming structure shall not be altered or enlarged so as to further increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a variance is obtained in compliance with Chapter 17.60. Alteration and enlargement may occur, but only in compliance with the current applicable development standards, or as otherwise allowed in this section.

2.

A nonconforming structure shall not be enlarged or moved unless the enlargement or new location conforms to the current development standards identified for the subject zoning district, or as otherwise allowed in this section.

F.

Alteration or Enlargement of a Nonconforming Use Shall Require a Permit.

1.

A nonconforming use may not be altered or enlarged unless a minor conditional use permit is first obtained, in accordance with Chapter 17.60.

2.

The use shall comply with the performance standards and applicable development standards for the subject zoning district.

3.

There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise.

G.

Conforming Uses. A conforming use may be established, expanded and/or enlarged notwithstanding that a nonconforming structure (or on a lot with multiple uses, a nonconforming use) is located upon the same lot as such conforming use.

(Ord. No. 1396, § 1, 3-27-18)

A.

Nonconformance with loading, parking, screening standards, and residential density. A use that does not conform with the loading, parking, planting area, screening standards or residential density of the zoning district in which it is located shall not be deemed a nonconforming use solely for these reasons.

B.

Parking requirements for reuse of existing structures and residential additions.

1.

In order to meet required parking pursuant to Chapter 17.68 or otherwise by this code, a nonresidential use occupying an existing structure (whether conforming or nonconforming) shall be credited with the largest number of parking spaces of:

a.

The actual number of parking spaces provided;

b.

The number of parking spaces required for the use last occupying the structure or applicable portion thereof; or

c.

For uses in the C zone occupying under two thousand five hundred square feet of floor area, the number of parking spaces required for the proposed use.

2.

A nonresidential use occupying an existing structure (whether conforming or nonconforming) which is credited with fewer than the number of parking spaces required pursuant to Chapter 17.68 or otherwise by this code may nonetheless be approved with a minor conditional use permit in accordance with Chapter 17.60 upon the additional finding by the reviewing authority that such parking deficit will not unreasonably overload street parking or public parking facilities nor create a nuisance.

3.

An addition or alteration to an existing residential structure for which additional parking spaces are required pursuant to Chapter 17.68 or otherwise by this code but does not provide any or all of such additional parking spaces may nonetheless be approved with a minor conditional use permit in accordance with Chapter 17.60 upon the additional finding by the reviewing authority that such parking deficit will not unreasonably overload street parking or public parking facilities nor create a nuisance.

C.

Public Utilities Exempt. The foregoing provision of this chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially damaged or destroyed, shall not apply to a public utility structure that distributes a utility service (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells and pumps, etc.); nor shall any provision of this chapter be construed or applied to prevent the expansion, modernization, or replacement of public utility structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided that this section shall not exempt the uses from the provisions of this chapter covering nonconformity of the uses or structures not immediately related to the direct service to consumers (e.g., storage yards, warehouses, etc.).

(Ord. No. 1396, § 1, 3-27-18)

Notwithstanding the other provisions of this code, no use identified in this title as a "conditional use" that was lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the minor conditional use permit/conditional use permit procedural requirements, in compliance with Chapter 17.60; provided, that:

A.

Use Allowed with Use Permit Approval. A land use that was legally established without a use permit, but would be required by current code provisions to have minor conditional use permit or conditional use permit approval, shall not be altered or enlarged in any way unless the applicable use permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with minor conditional use permit or conditional use permit approval, but is not allowed with such approval by the current code, may continue only in compliance with the original use permit. If the original use permit specified a termination date, then the use shall terminate in compliance with the requirements of the use permit.

(Ord. No. 1396, § 1, 3-27-18)

A.

Failure to Meet Minimum Requirements. A nonconforming structure located on property acquired for public use may be relocated on the same lot even though the current minimum lot area or setback requirements of this title cannot reasonably be complied with. Where a part of the structure is acquired for public use, the remainder of the structure may be reconstructed, remodeled, or repaired with the same or similar kind of materials used in the existing structure. However, the materials shall conform to the requirements of the City's adopted building code.

B.

Involuntary Damage. A nonconforming structure, or portion thereof, located on the lot remaining after acquisition of the property for public use which is thereafter involuntarily damaged, may be rebuilt or reconstructed on the same lot even though the current minimum lot area or setback requirements of this title cannot reasonably be complied with. However, the floor area and cubical contents of the structure, or portion thereof, shall not be increased.

C.

Does Not Apply to Uses. The provisions of this section shall not apply to a nonconforming use existing at the time of acquisition of the property for public use.

(Ord. No. 1396, § 1, 3-27-18)

Institutional uses in commercial zones, in existence on November 8, 1994, shall be permitted to remain subject to conditions of existing conditional use permits or other approvals, as long as the use is continued in existing facilities or is for expansion on properties upon which such existing facilities are located.

(Ord. No. 1396, § 1, 3-27-18)

A.

Violations. Uses and structures that did not comply with the applicable provisions of this title or prior planning and zoning regulations when established are violations hereof and are subject to code enforcement and nuisance abatement provisions of this code.

B.

Illegal Uses and Structures Prohibited. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this code are first obtained.

(Ord. No. 1396, § 1, 3-27-18)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with Chapter 8.16 and other applicable codes and laws.

(Ord. No. 1396, § 1, 3-27-18)