A.   These provisions are intended to provide for the orderly termination of nonconforming structures and uses to promote the public health, safety and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

   B.   It is declared that nonconforming structures and uses within the city are detrimental to orderly development and the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners. (Ord. 2017-01 (part), 2017: prior code § 7540)

   As used in this chapter, the following terms are defined in this section:

   "Nonconforming structure" means a structure that was lawfully erected prior to the adoption of this title, but which, under this title, or due to changes in the City of Visalia municipal code or the lawful taking of private property by or under threat of eminent domain, does not conform with the standards of coverage, yard spaces, height of structures or distances between existing structures prescribed in the regulations for the zone or development standards in which the structure is located.

   "Nonconforming use" means one that lawfully existed prior to the effective date of this chapter, but which is no longer permitted in the zone in which it is located. (Ord. 2017-01 (part), 2017: prior code § 7541)

   An existing use of land or structure shall not be deemed to be a nonconforming use solely because of the lack of off-street parking facilities; however, property on the site used for off-street parking and off-street loading at the time of the adoption of this chapter shall not be reduced in a capacity to less than the number of spaces or berths prescribed in Chapter 17.34 or reduced in area to less than the minimum standards prescribed in Chapter 17.34. Where an existing use is expanded, the parking requirements of Chapter 17.34 shall apply only to the addition. (Ord. 2017-01 (part), 2017: prior code § 7542)

   A structure that lawfully existed prior to the effective date of this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the zone or development standards in which it is located. A legal nonconforming structure may be maintained as follows:

   A.   A legal nonconforming structure that is damaged to an extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this chapter.

   B.   Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional or industrial structures; provided, that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams or girders. Structural elements may be modified or repaired only if the chief building official determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure or adjacent property and the cost does not exceed one-half of the replacement cost of the legal nonconforming structure. However, improvements required to reinforce nonreinforced masonry structures shall be permitted without replacement cost limitations; provided, that such retrofitting is strictly limited to compliance with earthquake safety standards.

   C.   Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming commercial, institutional or industrial structure; provided, that the cost of the desired improvement or repair shall not exceed one-half of the replacement cost of the nonconforming structure over any consecutive five-year period.

   D.   The replacement cost shall be determined by the city planner.

   E.   Necessary repairs and desired alterations including expansions may be made to a legal nonconforming residential structure(s), including multi-family, located in a residential land use district. Expansions shall not increase the number of dwelling units on the site nor increase discrepancy of nonconformance with physical development standards (height, yard area, etc.).

   F.   Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with this chapter.

   G.   If the occupancy of a nonconforming structure/site is discontinued for a period of six or more consecutive months, the structure and site shall be made to conform to the provisions of the ordinance to the extent possible upon re-occupation of the structure/site by a "permitted use" in the zone classification. The occupancy of a legal nonconforming structure/site shall be considered discontinued when any of the following apply:

   1.   The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the city planner;

   2.   Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of six or more consecutive calendar months;

   3.   Where there are no business receipts available for the six-month period;

   4.   The extent of required improvements shall be determined through application for site plan review permit by the site plan review staff. Additional parking shall not be required except where a use is expanded in area or intensity, in which case the parking requirements shall apply only to the addition. Appeals of findings of the site plan review staff may be made to the planning commission as provided in Section 17.28.050.

   H.   No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the zone in which the structure is located.

   I.   When a legally existing residential unit is discontinued for a period of twelve (12) or more consecutive months, the residential structure and site shall be made to conform to all current residential standards prior to re-occupancy as a residence. A nonconforming residential structure within a commercial, office or industrial zoning district that is ordered to be repaired by the City Building Official shall do so in compliance with the minimum requirements of the California Building Code.

(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7543)

   Appeals to findings made pursuant to Section 17.40.040A, B, C, and D, may be made by the applicant/property owner. Appeals shall be made in writing, setting forth the reason(s) for said appeal. Such appeal shall be filed with the city planner, whereupon it will be placed on the agenda of the city planning commission's regular meeting. The commission shall review said appeal and set forth recommendations to the city council regarding the disposition of the appeal. The city council shall consider the contents of the appeal and recommendations of the planning commission and either approve, modify, approve with conditions or deny said appeal. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9605 § 30 (part), 1996: prior code § 7544)

   A nonconforming use is one that lawfully existed prior to the effective date of this chapter, but that is no longer permitted in the zone or development standards in which it is located. The continuance of a legal nonconforming use is subject to the following:

   A.   Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status; provided, that the use and intensity of use does not change.

   B.   If a nonconforming use is discontinued for a continuous period of one hundred eighty (180) days, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of the chapter.

   C.   A nonconforming use of a permanent structure may be continued; provided, there is no increase or enlargement of the area, space or volume occupied by such a nonconforming use, except as provided in Section 17.40.070. In the event no structural alterations are made, a nonconforming use may be changed to another nonconforming use of the same or more restrictive nature, provided that this change occurs within the one hundred eighty (180) day period as indicated in Section 17.40.060(B).

   D.   Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provision of this chapter.

   E.   If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7545)

   An existing legal nonconforming use or legal nonconforming structure may be minimally expanded or changed subject to the granting of a conditional use permit after a noticed public hearing as specified in Chapter 17.38, and if all of the following findings are made:

   A.   That such expansion or change is minimal. An expansion or change is considered to be minimal if the expansion comprises generally twenty (20) percent or less additional square footage of structure or site area or twenty (20) percent increase or less in intensity as measured by additional vehicle trips, parking need generation, etc., over what was existing at the time of adoption of an ordinance making the use or structure nonconforming;

   B.   That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;

   C.   That there is a need for relief of overcrowded conditions or for modernization in order to properly operate the use;

   D.   That the use and/or structure is existing and has not been discontinued for a one hundred eighty (180) day continuous period;

   E.   That the expansion shall not increase the discrepancy between existing conditions and the standards of coverage, front yards, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the zone in which the structure is located. (Ord. 2017-01 (part), 2017: prior code § 7546)

   When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure shall thereafter be issued for further continuance, alteration, or expansion, except as provided in this chapter. Any permit issued in error shall not be construed as allowing the continuation of the nonconforming structure or use. (Ord. 2017-01 (part), 2017: prior code § 7547)

   Nothing contained in this chapter shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses shall be removed immediately subject to the provisions of Title 15 and 17 of the Visalia Municipal code and state law. (Ord. 2017-01 (part), 2017: prior code § 7548)

   A.   A nonconforming use that does not occupy a structure shall be discontinued and removed from the site within three years from the effective date of this chapter.

   B.   A nonconforming use that involves aboveground bulk storage of Class I liquids and is hazardous as determined by the fire department according to the following codes in force in the city:

   1.   Fire Prevention Code;

   2.   National Electrical Code;

   3.   Uniform Building Code;

   4.   Uniform Plumbing Code; shall be discontinued, removed, or made to conform within thirty (30) years from the date of installation or five years from the date of the adopting ordinance, whichever is longer. (Ord. 2017-01 (part), 2017: prior code § 7549)