This Chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels.

A.

These provisions apply to uses and structures which do not comply with the regulations of this Development Code.

B.

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

C.

This Chapter does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to Chapter 9-78 (Enforcement).

(§ 5, Ord. 1085, eff. January 6, 2006)

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

A.

Uses and structures may be maintained.

1.

Any nonconforming use or structure may be maintained and continued, provided there is no addition, alteration, or enlargement of the area that increases any non-conforming portion of the structure such as a setback, height, or physical limitation.

2.

So long as a nonconforming use or structure exists upon any parcel, no new use may be established or constructed on the parcel, except as provided by this Chapter.

B.

Replacement of a nonconforming use.

1.

A nonconforming use may be changed to a use of the same or more restrictive classification.

2.

The replacement use shall serve as the bench mark in terms of establishing the acceptable level of nonconformity.

3.

Where a nonconforming use is changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

C.

Nonconforming uses due only to changes in parking requirements. Where uses have been rendered nonconforming due only to revisions in parking requirements, the uses may be continued, replaced, or expanded as follows:

1.

Replacement of use. Changes of use to a similar use in compliance with Subsection B (Replacement of a nonconforming use), above, with the same or less parking requirements, shall be allowed; provided, current parking requirements can be met for the replacement use.

2.

Expansion of use. Expansion of the particular use shall be allowed only if the current parking requirements for the area of the expansion can be met, and the addition or enlargements otherwise comply with the applicable current Development Code provisions in effect for the subject zoning district.

D.

Abandonment or discontinuance of use.

1.

Any part of a structure or land occupied by a nonconforming use, which use is:

a.

Abandoned, shall not again be used or occupied for a nonconforming use; and

b.

Discontinued for a period of at least 180 days, shall not again be used or occupied for a nonconforming use.

2.

A nonconforming use that is discontinued or changed to a conforming use for a continuous period of at least 180 days shall not be reestablished, and the use of the structure or site thereafter shall comply with the applicable current Development Code provisions in effect for the subject zoning district.

3.

Without any further action by the City, a nonconforming use shall not retain the nonconforming protection or benefits provided by this Chapter if:

a.

The nonconforming use of land, or a nonconforming use within a structure, ceases for any reason for a continuous period of at least 180 days:

(1)

A vacant nonconformity may be occupied by a use for which it was designed if so occupied by January 5, 2006 or after the date when the nonconformity first became vacant.

(2)

If the use is discontinued for a continuous period of 180 days or more, the land or structure shall lose its nonconforming status, and shall be altered to conform to the current provisions of this Development Code.

The determination of discontinuance 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, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).

b.

The structure in which the nonconforming use is conducted or maintained is relocated any distance on the site for any reason, or is removed from the site.

c.

The use of the site after the discontinuance or removal of a nonconforming use shall comply with the applicable current Development Code provisions in effect for the subject zoning district.

E.

Animal keeping. The keeping of animals as a use, number of animals, type of animals, minimum parcel area required for animals, or other standards for the keeping of animals as an accessory use to residential dwellings not in conformance with current standards shall be deemed nonconforming by the provisions of this Chapter; provided, the animal keeping activities were in compliance with the animal keeping requirements in effect at the time of establishment of the use.

F.

Made nonconforming by this Development Code. Any legally established use or structure made nonconforming by the adoption of this Development Code shall be considered nonconforming, and fully protected by the provisions of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)

The following provisions shall apply to all nonconforming uses and structures, located within any zoning district in the City.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Involuntarily partially damaged nonresidential uses and structures.

1.

Nonresidential uses or structures. Where any nonconforming use or structure is involuntarily damaged or partially destroyed by an Act of God, explosion, fire, or other catastrophic event, or the public enemy, the same may be restored and resumed provided that all reconstruction and repair work shall be permitted and initiated within a period of 180 days.

B.

Residential uses or structures involuntarily damaged may be reconstructed.

1.

Single- and multi-family dwelling units. Nonconforming single- and multi-family dwelling units that have been involuntarily damaged or destroyed by an Act of God, explosion, fire, or other catastrophic event, may be reconstructed or replaced with a new structure to its pre-existing condition (e.g., building height, density standards, setbacks, and square footage) in compliance with State law (Government Code Section 65852.25) or to current Development Code and Building Code requirements; provided:

a.

The applicant provides documentation satisfactory to the Director supporting the claim that the damage or destruction occurred involuntarily;

b.

No expansion of the number of dwelling units occurs;

c.

The replacement structure is in compliance with City's adopted Building Code and the City's Floodplain Damage Prevention Ordinance; and

d.

A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion.

2.

Applicable Development Code provisions. If the preceding requirements are not met, the replacement structure shall comply with the applicable current Development Code provisions for the subject zoning district in effect on the date of application for the required Building Permit.

C.

Nonconforming structures due only to changed standards. Where structures have been rendered nonconforming due only to revisions in development standards dealing with height, parcel area per structure, parcel coverage, or setbacks, and the use is allowed or conditionally allowed in the subject zoning district, the structures may be continued, expanded, or extended on the same parcel; provided, the structural or other alterations for the expansion or extension of the structure are either required by law, or comply with the applicable current Development Code provisions in effect for the subject zoning district.

D.

Public utilities exempted. The provisions of this Chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (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 to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features, as are used directly for the delivery of or distribution of the service.

E.

Public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Chapter; provided, that if the structures located on the parcel subsequent to the acquisition, are damaged or destroyed, no reconstruction shall take place unless it is in full compliance with the applicable current Development Code provisions in effect for the subject zoning district.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)

The following are not allowed:

A.

Change to nonconforming use. A change from a nonconforming use to another nonconforming use, except as provided by this Chapter;

B.

Increase in area. New additions or alterations shall not increase existing nonconformities; or

C.

Discontinuance and change of use status. The discontinuance for a period of at least 180 days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and discontinuance, and shall result in termination of the nonconforming status of the use, in compliance with Section 9-72.020(D) (Abandonment or discontinuance of use), above.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)

A.

Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming structure shall be allowed only in compliance with this Section.

B.

Eminent domain. The reconstruction, remodeling, or repair of any structure shall be allowed where a part of the structure is taken for any public use by condemnation, dedication, or purchase by any agency having the power of eminent domain. The reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction and repair work shall be completed within a period of 12 months from the date of application for the required Building Permit.

C.

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 without cost limitations; provided, the retrofitting is limited exclusively to compliance with earthquake safety standards; and

2.

Reconstruction required to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and 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.) and the City's Flood Damage Prevention Ordinance (SVMC Section Title 7, Chapter 5).

D.

Initiation of construction. Nothing contained in this Chapter shall require any change in the plans, construction, or designated use of any structure upon which actual construction was lawfully initiated before the effective date of this Development Code, or any subsequent amendment which would otherwise result in a legal nonconformity. For the purposes of this Development Code, actual construction shall mean the placing of construction materials in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure(s).

(§ 5, Ord. 1085, eff. January 6, 2006)

Nothing in this Chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming 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 Development Code;

B.

Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Development Code;

C.

Increase in area. New additions or alterations shall not increase existing nonconformities and shall be in compliance with the existing Development Code requirements; or

D.

Additional uses. Additional uses may be allowed on the site of a nonconforming use only in the case of a multi-tenant structure or site; where the nonconforming use is first discontinued and any replacement use complies with the applicable current Development Code provisions in effect for the subject zoning district; or the use is a single-family residence (except for properties developed as a Two-Unit Residential Development) and the addition or expansion of use or structure is consistent with the uses and structures of a single-family residence and traditional accessory structures and uses such as room additions, sheds, patio structures, and pools

E.

Two-Unit Residential Development. Properties developed with a Two-Unit Residential Development may expand the original primary residence to a size that exceeds the allowed unit size with no maximum size restriction, if the primary residence was constructed prior to December 31, 2021.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013, and § 2(Exh. A), Ord. No. 1352, eff. October 23, 2023)

A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Development Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this Section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following, to the satisfaction of the Director.

A.

Approved subdivision. The parcel was created through a subdivision approved by the City or the County.

B.

Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming.

C.

Variance or lot line adjustment. The parcel was approved through the Variance procedure (Section 9-52.090) or its current configuration resulted from a lot line adjustment.

D.

Partial government acquisition. The parcel was created in conformity with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity.

(§ 5, Ord. 1085, eff. January 6, 2006)

Notwithstanding the provisions of this Chapter, none of the uses identified in this Development Code as "conditional uses" which were lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Section 9-52.070; provided, that:

A.

Use allowed with Conditional Use Permit approval.

1.

A use lawfully existing without the approval of a Conditional Use Permit that would be required by this Development Code, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.) until a Conditional Use Permit is obtained in compliance with Section 9-52.070.

2.

A use that was legally established without a Conditional Use Permit, but would be required by current Development Code provisions to have Conditional Use Permit approval, shall not be altered in any way unless and until a Conditional Use Permit is first obtained.

B.

Use no longer allowed with Conditional Use Permit approval. A use that was established with Conditional Use Permit approval, but is not allowed with Conditional Use Permit approval by the current Development Code may continue only in compliance with the original Conditional Use Permit. If the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.

(§ 5, Ord. 1085, eff. January 6, 2006)