Chapter 18.54
ADMINISTRATION AND ENFORCEMENT
Sections:
18.54.030 Certificates of occupancy.
18.54.035 Amortization and discontinuance of nonconforming massage establishments.
18.54.040 Nonconforming lots, buildings and uses.
18.54.050 Repealed by Ord. 1738.
18.54.060 Repealed by Ord. 1738.
18.54.010 Scope.
The procedures for the administration and enforcement of the provisions of this title shall include those set forth in this chapter. (Prior code § 10-3.2701)
18.54.020 Compliance.
All departments, officials and public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this chapter. No such permit, license or certificate of building uses or purposes, where the same would be in conflict with the provisions of this title, shall be issued. Any such permit, license or certificate, if issued in conflict with the provisions of this chapter, shall be null and void. (Prior code § 10-3.2703)
18.54.030 Certificates of occupancy.
A. For Buildings. No building erected, moved, enlarged or altered shall be occupied, used or changed in use until a certificate of occupancy is issued by the building official.
B. Statement. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all laws and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building official. (Ord. 1738 § 54, 2012: Ord. 1683 § 92, 2006; Urg. Ord. 1682; prior code § 10-3.2704)
18.54.035 Amortization and discontinuance of nonconforming massage establishments.
A. Notwithstanding any other provision of this chapter, all massage establishments which have a valid certificate of operation under Chapter 5.48 prior to March 10, 2015, shall be considered to be nonconforming and shall be required to apply for a conditional use permit no later than March 10, 2018.
B. A nonconforming massage establishment use shall terminate if it is discontinued for a period of ninety consecutive days or if the massage establishment fails to timely apply for and obtain a conditional use permit.
C. Notification of the termination shall be provided to the owner(s) of the business and the owner(s) of record of the property upon which a massage establishment is located, hereafter referred to as the “interested parties.” Notice shall be provided in writing by the community development department, served by certified, return receipt first class mail, of the pending termination. The notification shall contain the following information:
1. The location of the nonconforming massage establishment, including street address and assessor’s parcel number;
2. The section of this code requiring the termination;
3. The effective date of said termination; and
4. The process of appeal of said termination.
D. Any interested party may appeal the proposed termination pursuant to the following administrative procedure:
1. Within thirty calendar days of service of the notification of the proposed termination, the interested party may file a written appeal to the community development director. The request shall state all reasons, including but not limited to alleged abridgements of the appellant’s constitutional rights, and why the termination should not be made effective.
2. Within thirty calendar days of service of said appeal, the community development director shall meet with the interested party and/or his/her representative to discuss the termination and the appeal. Notice of the meeting shall be provided to all interested parties and shall be given at least five calendar days before the meeting. No later than ten calendar days following the meeting, the community development director shall provide written notice of his/her decision to all interested parties.
3. No later than fifteen days of service of said written decision by the community development director, any interested party may appeal the decision to the city council by submitting a written notification of the appeal to the city clerk and paying an appeal fee as established from time to time by resolution of the city council.
4. No later than forty-five days from the receipt of the appeal, the city clerk shall place the appeal on the city council’s agenda and shall cause notice of said appeal to be published once.
5. The city council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the city council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action. (Ord. 1757 § 12, 2015)
18.54.040 Nonconforming lots, buildings and uses.
Where lots, buildings, or uses are not in conformity with the provisions of this chapter, it is the intent and purpose of this section to declare such lots, buildings, and uses to be nonconforming for the purpose of protecting the public health, safety, and general welfare.
A. Definitions.
“Change of land use” means a change from one land use category to another, such as from industrial to commercial.
“Intensification of use” means a change in the use of a building or site where the new use is required to have more off-street parking spaces than the former use, regardless of whether there is a change in land use, or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.
“Nonconforming lot” means any lot which was lawfully created but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of the zone in which it is located.
“Nonconforming building” means any building or structure, or any portion thereof, which was lawfully constructed but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of the zone in which it is located.
“Nonconforming use” means any use which was lawful at the time it was established but, by reason of any subsequently adopted ordinance or regulation, does not conform to the provisions of the zone in which it is located. Nonconforming uses shall also include residential uses, which exceed the lot area per dwelling unit or density standard of the residential zones.
“Subsequently adopted ordinance or regulation” means any ordinance or regulation changing the development standards or a zone of the property.
B. Continuation of Nonconforming Lots, Buildings, and Uses.
1. Lots. Any use permitted in the zone in which the lot is located shall be permitted, subject to all the other property development standards of the zone.
2. Buildings.
a. A nonconforming building may be continued and maintained under the development standards that existed when the building was constructed, provided there is no change of land use, intensification of use, addition or other physical change to the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law.
b. Where a building is nonconforming because of a change in zoning of the property, the building may be used for any purpose allowed, or conditionally allowed, in the new zone without full compliance with the new development standards subject to the following:
i. The building shall comply to the extent feasible with the new development standards;
ii. The building shall be in full compliance with the previously applicable development standards;
iii. In the case of noncompliance with off-street parking and loading facilities, the building shall be subject to the provisions of subsection E of this section; and
iv. Any addition or enlargement to the building shall require compliance with all current property development standards of the zone.
c. When a nonconforming building is for any reason removed from the land, all future buildings or structures erected on such land shall conform to all the property development standards of the zone.
d. Notwithstanding any other provision of this section to the contrary, a building nonconforming as to the property development standards of the zone it is located in, and which is demolished as a result of the enforcement of seismic safety regulations, may be reconstructed with the same nonconforming standards of the original building; provided, however, the same floor areas in the reconstructed building shall be occupied by similar or less intense uses as in the original building, and reconstruction shall be commenced within two years after obtaining a permit for demolition and shall be completed within two years after obtaining a permit for reconstruction; and provided, further, neither the footing nor any portion of the replacement building shall encroach into any area planned for the widening or extension of existing or future streets as determined by the council upon the recommendation of the community development director.
3. Uses.
a. Legally established nonconforming uses shall be allowed to continue, but shall not be expanded or extended into any other portion of the building or lot upon which the nonconforming use exists.
b. Legally established nonconforming uses may continue until such time as the property upon which such use is located is redeveloped with a conforming use. Such nonconforming use shall be completely terminated before a conforming use is permitted. If a property contains a conforming use and a nonconforming use, the conforming use shall not be enlarged or expanded until the nonconforming use is removed.
c. If a legal nonconforming use is discontinued for a period of one hundred eighty days, any future use of such building or lot shall be in conformity with the uses permitted in the zone.
d. When a building or structure, which is nonconforming due to use and/or applicable development standards, is partially destroyed by fire, explosion, earthquake or other natural disaster, such building may be restored to the condition it was in immediately prior to the occurrence of such damage, and the use thereof may be continued, provided the cost of reconstruction shall not exceed fifty percent of the market value of the building or structure, said market value determined as per the county assessment roll immediately prior to the occurrence of the damage. The reconstruction shall be started within one year after the date of such damage and shall be pursued diligently to completion. Neither the footings nor any portion of the replacement building shall encroach into any area planned for widening or the extension of any existing or future street.
C. Nonconforming Uses of Land. A nonconforming use of land, where no buildings or structures are involved, and when deemed by the commission to be detrimental to the health, safety and welfare, shall be completely terminated or so altered that it will be in conformity with the uses permitted in the zone. Such nonconforming use of land shall not be expanded in any way either on the same or adjoining property, and, if such nonconforming use of land is discontinued for a period of one hundred eighty days, any further use of the land shall be in conformity with this chapter.
D. Nonconforming Fences, Hedges and Walls. Nonconforming fences, hedges, and walls, which do not conform to the corner cutback provisions of this chapter, shall be modified to allow adequate site visibility for traffic safety purposes.
E. Nonconforming Off-Street Parking and Loading Facilities.
1. Where off-street parking or loading facilities for existing buildings do not conform to the provisions of this title, a change in land use or intensification of use in an existing building may only be allowed subject to the following:
a. The applicant pays for a parking study to be commissioned by the city which shows that the number of spaces being provided is sufficient for the specific tenant or use being proposed; and
b. A declaration of restrictions is recorded against the property which provides that there shall be no change in tenant or use allowed without a subsequent parking study that verifies that the number of parking spaces provided is sufficient for the new tenant or use; the specific restriction will depend on whether the parking study was limited to a specific tenant or a general use category; and
c. The applicant complies with any conditions required by the parking study to ensure there is sufficient parking.
d. The community development director shall approve the parking study if the parking reduction is not being requested in conjunction with any other entitlement that requires review or approval by the planning commission. If planning commission review or approval is required, the parking study shall be reviewed in the same manner as and in conjunction with the other entitlements.
2. Nothing herein prevents the use of an administrative adjustment for parking in accordance with Chapter 18.50 or a parking variance in accordance with Government Code Section 65906.5.
3. A change in the number of parking spaces due solely to ADA compliance shall not create or intensify any nonconformity relating to parking.
F. Reversion of Nonconforming Uses. Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.
G. Nonconforming Uses Under a Variance or Conditional Use Permit. Those nonconforming uses and buildings which are existing under a variance or a conditional use permit granted pursuant to this chapter or any previous ordinance shall be permitted to continue under the conditions and regulations imposed in such permit or variance. (Ord. 1762 § 2, 2015: Ord. 1683 § 93, 2006; Urg. Ord. 1682; prior code § 10-3.2705)