Chapter 17.52
NONCONFORMING USES*

Sections:

17.52.010    General guidelines.

17.52.020    Continuance of nonconformity.

17.52.030    Uses requiring a use permit.

17.52.040    Damaged buildings.

17.52.050    Abandonment.

17.52.060    Nonconforming buildings.

17.52.070    Start of construction before effective date.

17.52.080    Changing of districts.

17.52.090    Nonconforming parcels.

*    Prior ordinance history: Ord. 77-10.

17.52.010 General guidelines.

The lawful use of land, including lands of former Fort Ord that are conveyed from the federal government, existing at the time any provisions of the ordinance codified in this title becomes applicable to such land, although such use does not conform to such provision, may be continued, except that:

A.    No such use shall be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time such provision became applicable, and except that if any such use ceases, as hereinafter provided, any subsequent use of such land shall be in conformity with the regulations specified by this title for the district in which such land is located.

B.    All nonconforming outdoor advertising signs and outdoor advertising structures shall be removed entirely on or before January 1, 1979, except those in U districts and those in C-1, C-2 and M districts for which a use permit has been obtained.

C.    All nonconforming outdoor advertising signs and outdoor advertising structures located on property in a U district shall be removed entirely within five years from the date such property is reclassified into some other zoning district, unless the reclassification is to be a C-1, C-2 or M district and a use permit has been obtained within such five-year period.

D.    All nonconforming wrecking yards and junkyards shall be enclosed by a solid board or masonry fence at least six feet in height for fire prevention and prevention of the spread of litter and debris, except that no junk, dismantled cars or machinery shall be stacked higher than the fence. Wrecking yards and junkyards shall comply with these special regulations. (Ord. 2005-12 § 1 (Exh. A (part)), 2005; Ord. 96-23 § 1 (part), 1996: zoning ordinance dated 7/94 (part), 1994)

17.52.020 Continuance of nonconformity.

The lawful use of a building existing at the time any provisions of the ordinance codified in this title becomes applicable thereto may be continued, although such building and/or use does not conform to such provision. (Zoning ordinance dated 7/94 (part), 1994)

17.52.030 Uses requiring a use permit.

Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 17.48. (Zoning ordinance dated 7/94 (part), 1994)

17.52.040 Damaged buildings.

If at any time any building is in existence at the time any provision of the ordinance codified in this title becomes applicable to it, which does not conform to such provision, is damaged or destroyed by fire, explosion, act of God, or act of public enemy, to the extent to more than seventy-five percent of the assessed value thereof, as shown on the latest Monterey County assessment roll, prior to such destruction, the land and building shall be subject to all the regulations specified by this title for the district in which such land and building are located; provided such building may be rebuilt to a total floor area not exceeding that of the building destroyed and may continue as herein provided for nonconforming uses, if a use permit is first secured. (Zoning ordinance dated 7/94 (part), 1994)

17.52.050 Abandonment.

If the actual operation of a nonconforming use of a building or land ceases for a continuous period of six months, it shall be presumed that such use has been abandoned; and without further action by the planning commission, the said building or land shall be subject to all the regulations specified by this title for the district in which such building and land are located. (Zoning ordinance dated 7/94 (part), 1994)

17.52.060 Nonconforming buildings.

The following additional regulations shall apply to nonconforming buildings:

A.    The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use permit is first secured.

B.    The nonconforming use of a portion of a building may be extended throughout the building provided that in each case a use permit is first secured.

C.    The enlargement, extension, reconstruction or structural alteration of a nonconforming building may be permitted in circumstances and in accordance with the limitations as described below:

1.    Nonconforming building, nonconforming only as to height and yard regulations, may be permitted said additions or improvements, if said additions or improvements conform to all the regulations of the district in which they are located.

2.    In the R-1 district, additions or improvements conforming to all other regulations of the district may be allowed under either of the following circumstances for single-family residences which do not meet the parking requirements of Sections 17.44.020(A) and 17.44.070(D):

a.    The garage for the residence has one parking space as defined by Section 17.44.070(D) plus one nonstandard parking space defined for this section as a space with a minimum of seven feet by seventeen feet, and the building is nonconforming only as a result of Ordinance No. 84-7 adopted on October 16, 1984 to require two parking spaces in a garage.

b.    Said additions or improvements will not increase the number of bedrooms, and the garage for the residence has one parking space as defined by Section 17.44.070(D) provided in an originally constructed and unmodified garage.

D.    Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made and provided that such work does not exceed twenty-five percent of the assessed value in any one-year period.

E.    No nonconforming building, structure or sign shall be moved in whole or in part to any other location unless every portion of such building, structure or sign which is moved is made to conform to all the regulations of the district in which it is located. (Ord. 2000-14 § 1, 2000; Ord. 96-23 § 1 (part), 1996: Ord. 95-16 § 1, 1995: zoning ordinance dated 7/94 (part), 1994)

17.52.070 Start of construction before effective date.

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this title. “Actual construction” is defined to be: the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved. (Zoning ordinance dated 7/94 (part), 1994)

17.52.080 Changing of districts.

The foregoing provisions shall also apply to nonconforming uses in districts hereinafter changed. (Zoning ordinance dated 7/94 (part), 1994)

17.52.090 Nonconforming parcels.

A parcel of land which does not comply with the size, shape, dimension or frontage requirements of the district in which it is located shall be deemed a lawful building site if:

A.    Such parcel was a lawful building site immediately prior to the time said requirements became applicable to it; and

B.    At the time said requirements became applicable to it, the owner or owners thereof owned no adjoining land, unless said parcel is:

1.    A lot in a minor subdivision which has been approved by the city and when all conditions of said minor subdivision have been complied with, or

2.    A lot in a subdivision which has been approved by the city, with the exception of lots twenty-five feet or less in width. (Zoning ordinance dated 7/94 (part), 1994)