Chapter 17.82
NONCONFORMING USES, STRUCTURES, AND PARCELS
Sections:
17.82.020 Definitions of legal nonconforming conditions.
17.82.030 Restrictions on nonconforming uses.
17.82.040 Restrictions on nonconforming structures.
17.82.050 Residential exemptions.
17.82.060 Loss of nonconforming status.
17.82.070 Nonconforming parcel.
17.82.080 Nonconforming due to lack of planning permit.
17.82.010 Purpose.
A. This chapter provides regulations for legal nonconforming land uses, structures, and parcels, that were lawful before the adoption, or amendment of this land use code, but which would be prohibited, regulated, or restricted differently under the current terms of this land use code or an amendment that changed applicable requirements.
B. It is the intent of this land use code to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.020 Definitions of legal nonconforming conditions.
A. Nonconforming Parcel. A parcel that was legally created prior to the adoption of this land use code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this land use code.
B. Nonconforming Sign. A sign that lawfully existed prior to the effective date of this land use code or amendment, but does not comply with the current sign regulations of this land use code.
C. Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this land use code, but does not comply with the current setback, height limit, frontage type, off-street parking, and/or other applicable requirements of this land use code.
D. Nonconforming Use. A use of land and/or within a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this land use code or amendment, but does not conform to current land use code requirements for allowable land uses within the applicable zoning district. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.030 Restrictions on nonconforming uses.
A nonconforming land use may be continued, including transfers of ownership, provided that its continuation shall comply with the requirements of this section.
A. Limitations on Continuation. A nonconforming land use may be continued, provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land or greater floor area within a building than it lawfully occupied before becoming nonconforming.
B. Termination of Nonconforming Status. A nonconforming land use shall be terminated in compliance with Section 17.82.060 (Loss of nonconforming status), except as provided for a residential use by Section 17.82.050 (Residential exemptions) of this chapter. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.040 Restrictions on nonconforming structures.
The use of a nonconforming structure may be continued, including transfers of ownership, provided that continuing use shall comply with the requirements of this section.
A. Changes to, or Expansion of a Structure.
1. Nonresidential Structure. A nonconforming, nonresidential structure shall not be enlarged, extended, reconstructed, or relocated, unless the entire building and the use of the building is brought into compliance with all applicable provisions of this land use code.
2. Dwelling Units. A dwelling unit that does not comply with the current requirements of the applicable zoning district may be enlarged, provided the addition is in compliance with all applicable provisions of this land use code, the number of dwelling units is not increased, and the addition does not otherwise increase the nonconformity of the structure.
B. Repair and Maintenance. A nonconforming single-family dwelling may be maintained and repaired at the discretion of the owner. A multifamily or nonresidential structure may be maintained and repaired, provided that:
1. No structural alterations occur other than those allowed by subsection C of this section; and
2. The cost of the work done during any twelve-month period does not exceed twenty-five percent of the value of the structure as determined by the building official in compliance with the building code.
C. Seismic Retrofitting and Building Code Compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the building code.
D. Nonconforming Signs. Nonconforming signs are subject to Section 17.38.080 (Nonconforming signs) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.050 Residential exemptions.
A. Multifamily Dwellings. As required by Government Code 65852.25, an involuntarily damaged or destroyed multifamily dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements. This exemption does not apply to a multifamily dwelling that is voluntarily damaged or destroyed, the reconstruction of which shall require compliance with all applicable current city requirements.
B. Single-Family Dwelling. An involuntarily damaged or destroyed single-family dwelling may be reconstructed or replaced only if the restoration complies with current building and fire code requirements, is started within one year, and is diligently pursued to completion. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.060 Loss of nonconforming status.
A. Termination of Use by Discontinuance.
1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six months or more, all rights to legal nonconforming use status shall terminate, regardless of any permit previously granted by the city for the use.
2. The director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. The intent of the property owner, occupant, tenant, lessee, or other holder of a property interest in the site is irrelevant.
3. Any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this land use code.
B. Termination of Nonresidential Use and/or Structure by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 17.82.040 of this chapter for dwellings, and except as follows:
1. If the cost of repairing or replacing the damaged portion of the structure is fifty percent or less of the fair market value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.
2. A nonconforming structure that is completely destroyed, or more than fifty percent destroyed, shall not be restored except in full compliance with all applicable provisions of this land use code.
The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its prior condition, to the estimated cost of duplicating the entire structure as it previously existed. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.070 Nonconforming parcel.
A. Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this land use code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the director by evidence furnished by the applicant:
1. Legally Created Parcel. The parcel was created in compliance with the Map Act;
2. Variance. The parcel was approved through the variance procedure; or
3. Partial Government Acquisition. The parcel was created in compliance with the provisions of this land use code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.
B. Subdivision of a Nonconforming Parcel. No subdivision shall be approved that will increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 766 § 2 Exh. A (part), 2004).
17.82.080 Nonconforming due to lack of planning permit.
A. Conformity of Uses Requiring Planning Permits. A use that is lawfully existing without the approval of a currently required use permit or minor use permit, is conforming only to the extent that it previously existed; provided that any change in the use (for example, expansion in floor area, changes in hours of operation, or changes to the exterior of the structure, etc.) shall require that a use permit or minor use permit be obtained as currently required.
B. Previous Planning Permits in Effect. A use that was authorized by a planning permit but is not allowed by this land use code in its current location may continue, but only in compliance with the original planning permit. (Ord. 766 § 2 Exh. A (part), 2004).