Nonconformance provisions are established:

(a)

To bring all uses, structures, sites and signs into conformance with the developmental requirements and design guidelines in the Code;

(b)

To limit the occurrences and extent of nonconformance by prohibiting expansion, intensification, reinstatement, alteration, restoration after destruction, and reestablishment after abandonment; and

(c)

To gradually phase out nonconforming uses, structures, sites and signs.

(a)

Nonconforming uses, structures, signs and lots may be maintained, expanded, altered and/or abated only in accordance with the provisions of this Article.

(b)

Any Designated Historic Landmark, contributing structure within a Designated Historic District, or any property listed on the California Register of Historical Resources or National Register of Historic Places, shall be exempt from the provisions of this Article with respect to the restoration and maintenance of structures.

A use which lawfully occupied a building or land at the time an ordinance codified in this Development Code became effective, and which does not conform to the use regulations of the zoning district in which it is located, is deemed a "nonconforming use." A nonconforming use may continue, subject to the following:

(a)

Discontinuation of use.

(1)

Loss of legal nonconforming status. If a legal nonconforming use is discontinued for a period of 90 or more consecutive days, regardless of the owner's intent, it shall lose its legal nonconforming status and the use of the property shall be required to conform to all provisions of this Development Code.

(2)

Reestablishment of nonconforming use. No nonconforming use shall be reestablished unless first approved by the Planning Commission pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit" and providing the building in which a nonconforming use was established has not been subsequently occupied by a conforming use. In granting the reestablishment of a nonconforming status, the Planning Commission shall find that the nonconformity will not be injurious or detrimental to the public heath, safety and welfare and may attach reasonable conditions and restrictions to the request, in addition to those required by this Development Code, which will ensure that the use:

(i)

Will not endanger the public health, safety or general welfare;

(ii)

Will not injure the value of adjoining or abutting property;

(iii)

Will not result in any significant environmental impacts; and

(iv)

Will be in harmony with the area in which it is located.

(b)

Change in ownership, tenancy or management. A change in ownership, tenancy or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use did not discontinue pursuant to the preceding Section (Loss of legal nonconforming status) or the type of use and/or intensity of use does not change.

(c)

New development. New development on any lot or parcel upon which a legal nonconforming use exists shall require that all uses on the property conform to the provisions of this Development Code.

(d)

Intensifications, alterations and expansions of use.

(1)

A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of any structure or property that it did not occupy prior to the creation of the nonconformity.

(2)

A structure fully or partially occupied by any nonconforming use shall not be moved, altered or enlarged, unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use.

(3)

A nonconforming use shall not be intensified in such a way as to increase the discrepancy between existing conditions and the standards set forth in this Development Code.

(4)

The Planning Commission, pursuant to Article 2 of this Chapter, entitled "Conditional Use Permit", may approve the intensification, alteration and expansion of a nonconforming use, provided said intensification, alteration or expansion will not be injurious or detrimental to the public health, safety and welfare.

(e)

Abatement of nonconforming uses. Nonconforming uses shall be abated as follows:

(1)

A use that is nonconforming because of an operation or process which poses a threat to the public health, safety, or welfare, as determined by the Building Official, and which fails to discontinue such operation or process or to fully mitigate the hazard involved shall be discontinued upon the issuance by the City of a cease and desist order;

(2)

A use that does not occupy a structure or which occupies a structure having an assessed valuation of less than $2,500 and which causes a public or private nuisance, shall be discontinued within 5 years from the effective date of the ordinance codified in the Development Code; and

(3)

A use that has been abandoned shall comply with subsection (A) of this Section.

(4)

Every nonconforming use shall be terminated within 20 years after the use became nonconforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

A structure lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of the zoning district in which it is located, including setbacks, separations, height and design, is deemed a "nonconforming structure." A nonconforming structure may continue to exist, subject to the following:

(a)

Damage or destruction.

(1)

A nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure, may be reconstructed up to the original size, placement and density, provided that total cost of such reconstruction does not exceed more than 50 percent of the structure's fair market value. The structure may be restored and the nonconforming use may be resumed, provided that restoration is started within 12 months and diligently pursued.

(2)

In the event that the cost of repairing such damage exceeds 50 percent of the fair market value of the structure prior to such damage occurring, the structure may be reconstructed up to the original size, placement and density, subject to the following:

(i)

The Planning Commission, at a duly noticed public hearing, must find that continuing the nonconforming use will not result in an annoyance to and/or reduction of any surrounding property. A public hearing and Planning Commission finding shall not be required for a parcel of land that is designated for a residential land use by the General Plan and contains a single-family dwelling;

(ii)

The extent of damage or partial destruction shall be based upon a comparison of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction with its value at the time the structure was damaged or partially destroyed. Estimates for such purpose shall be made by or reviewed by the Building Official;

(iii)

The restoration is commenced within 12 months and diligently pursued to completion; and

(iv)

Nothing in this Section shall be construed to permit the continuation of conditions that will endanger the health, safety and welfare of building occupants or the residents of the area, or which constitute a public or private nuisance.

(3)

A multiple family dwelling or development that has been involuntarily damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or by public enemy, or other cause which is beyond the control of the property owner, and which could not otherwise have been prevented by reasonable care and maintenance of the structure may be reconstructed up to the original size, placement and density, except a multiple family dwelling or development which has been abandoned for a period of 90 or more consecutive days prior to being involuntarily damaged or destroyed, or a multiple family dwelling or development constituting a public nuisance prior to being involuntarily damaged or destroyed may not be reconstructed unless the structure is made to comply to all provisions of the Development Code.

(b)

Alterations and expansion.

(1)

A nonconforming structure shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, excepting alteration and/or enlargement to a single-family dwelling conducted pursuant to subsection (g) of this Section (Nonconforming single-family residential structures).

(2)

Within residential zoning and land use districts, necessary repairs and desirable alterations, as deemed appropriate by the Planning Director, may be made to legal nonconforming residential structures.

(3)

Within nonresidential zoning and land use districts, reasonable repairs and alterations may be made to nonconforming nonresidential structures, provided that no structural alterations shall be made which would prolong the life of supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified only if such modification or repair is immediately necessary to protect the public health and safety, occupants of the legal nonconforming structure, or adjacent property, as determined by the Building Official. The total cost of such repairs or alterations may not exceed 50 percent of the replacement cost of the nonconforming structure. However, improvements required to reinforce an unreinforced masonry structure shall be permitted without replacement cost limitations, provided that such retrofitting is strictly limited to compliance with current earthquake safety standards.

(c)

Interior Modifications. Changes to interior partitions or other nonstructural improvement(s) and repair(s) may be made to nonconforming structures provided that, over any consecutive five year period, the total cost of the desired improvement(s) or repair(s) does not exceed 50 percent of the replacement cost of the structure. For the purpose of these provisions, the replacement cost shall be determined by the City Manager or his/her designee.

(d)

New Structures. Any new structure constructed on a lot or parcel with an existing legal nonconforming structure shall be constructed in conformance with all applicable provisions of this Chapter. However, in no case may a new nonresidential structure be constructed on the same lot as an existing legal nonconforming residential structure.

(e)

Abatement of nonconforming structures posing a threat to the public health, safety and general welfare. A structure which is nonconforming because of a violation or deficiency that poses a threat to the public health, safety or general welfare, as determined by the Building Official, and which fails to resolve, repair or improve such, or to fully mitigate the hazard involved, shall be abated, condemned or demolished upon the issuance by the City of a nuisance abatement, condemnations or demolition order.

(f)

Conversion of nonconforming residential structures located within industrial zoning districts. A nonconforming residential structure located within an industrial zoning district shall not be converted to accommodate an industrial land use.

(g)

Nonconforming single-family residential structures. In addition to the requirements of subsections (a) through (f), above, nonconforming single-family residential structures shall be subject to the following:

(1)

None of the provisions of this Chapter shall require the termination, discontinuance or removal or so as to prevent the expansion, modernization, repair, maintenance, alteration, reconstruction or rebuilding and continued single-family residential use of buildings intended for such, located within a residential district, and deemed non-conforming solely due to current zoning regulations, and provided that any alteration or enlargement shall itself be fully conforming;

(2)

A single-family dwelling with a nonconforming side yard setback, which is added to, extended or enlarged, may continue such nonconforming setback, provided that the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, but no less than 5 feet, and is no greater than 15 feet in height.

(Ord. No. 2388, § 3, 3-19-19)

A sign lawfully existing at the time an ordinance codified in this Development Code became effective, any portion of which does not comply with the requirements of Article 22 (Signs) of this Chapter, is deemed a "nonconforming sign." A nonconforming sign may continue to exist, subject to the following:

(a)

A sign which presents a hazard to public safety, as determined by the City, shall be removed upon the issuance of a cease and desist order by the City;

(b)

A nonconforming sign may not be altered, enlarged, extended, or moved, except in conformity with the requirements of Article 22 (Signs) of this Chapter, or as otherwise required by law;

(c)

Where a use or a structure associated with a nonconforming sign is abandoned or discontinued, any sign associated with a new use of the site shall be in full conformity with the requirements of Article 22 (Signs) of this Chapter; and

(d)

A nonconforming sign that is destroyed by any means, to the extent of greater than 50 percent of its replacement value as determined by the Building Official, may be restored and the nonconforming sign resumed, provided that restoration is started within 12 months and diligently pursued to completion, and provided further that the Zoning Administrator, after holding a duly noticed public hearing, finds that continuing the nonconforming sign will not result in an annoyance to and/or reduction of any surrounding property.

(e)

In considering whether the nonconforming sign results in annoyance to and/or reduction of any surrounding property, the Zoning Administrator shall consider the following:

(1)

The number of additional nonconforming signs on the property;

(2)

Whether the nonconforming sign(s) impede visibility toward other conforming signs on this and adjacent properties;

(3)

The extent to which the nonconforming sign(s) contribute to sign clutter in the surrounding area; and

(4)

The extent to which such nonconforming sign(s) provide the property and/or use with its only means of identification.

(a)

A lot or parcel that is not in compliance with the site development standards prescribed by the regulations of the zoning district in which the lot or parcel is located, including area, coverage, configuration, dimensions, parking, landscaping, screen walls, fences and enclosure trash receptacles, is deemed a "nonconforming site," provided such lot or parcel was lawfully created and existing at the time the ordinance codified in this Development Code, which created the nonconformity, became effective.

(b)

A lot or parcel that is nonconforming as to minimum area or dimension shall be granted all development rights and uses of the zoning district within which it is located.

(c)

A lot or parcel that is nonconforming as to landscaping, parking standards, screen walls, fences and enclosure of trash receptacles, shall be altered to comply with the district regulations covering the subject standards:

(1)

As a condition of any subsequent site plan or Conditional Use Permit approval; or

(2)

Within 20 years after the site became non-conforming, as directed by the City Council when found to be injurious or detrimental to the public health, safety and welfare.

(Ord. No. 2448, § 5(Exh. B), 2-6-24)

Whenever a use, structure, site or sign becomes nonconforming because of a change of zoning district boundaries or a change of the regulations prescribed for the district in which the site is located, the period of time prescribed in this Code for the abatement period for the elimination of the use, the removal of the structure or sign, or the improvement of the lot or parcel shall begin on the effective date of the change of district boundaries or regulations.

Part 2:
Zoning Districts and Land Use