Chapter 18.41
NONCONFORMING USES AND STRUCTURES
Sections:
18.41.020 Continuation and maintenance.
18.41.030 Alterations and additions to nonconforming uses.
18.41.040 Alterations and additions to nonconforming structures.
18.41.060 Abandonment of nonconforming use.
18.41.070 Restoration of a damaged structure.
18.41.010 Purposes.
A. A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to April 13, 1982, but which, under the ordinance codified in this section, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction.
B. A nonconforming structure is a structure which was lawfully erected prior to April 13, 1982, but which, under the ordinance codified in this section, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. The nonconforming structure is prohibited from being moved, altered, or enlarged so as to increase discrepancy between existing conditions and the standards prescribed in this title and is prohibited from being restored after its destruction. [Ord. 13-008 § 2; Ord. 13-009 §§ 2(1), (31).]
18.41.020 Continuation and maintenance.
A. A use lawfully occupying a structure or a site after April 13, 1982, which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this chapter.
B. A structure lawfully occupying a site after April 13, 1982, or of amendments thereto which does not conform with the standards of coverage, front yard, side yard, rear yard, height of structure or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this chapter.
C. Routine maintenance and repairs may be performed on a structure or site, the use of which is a nonconforming structure. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.41.030 Alterations and additions to nonconforming uses.
A. No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless moving, alteration or enlargement will result in the elimination of the nonconforming use, except that a structure housing a nonconforming residential use located in an A, R or C district may be moved, altered or enlarged; provided, that the number of dwelling units is not increased.
B. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
C. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of the ordinance codified in this chapter or of the amendment thereto which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.
D. A conforming use may be allowed to occupy all or a portion of the space formerly occupied by a nonconforming space so long as the total amount of space occupied by a nonconforming use is not enlarged. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.41.040 Alterations and additions to nonconforming structures.
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 yard, rear yard, height of structure or distance between structures prescribed in the regulations for the district in which the structure is located. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.41.050 Change of use.
The nonconforming use of a structure or site shall not be changed to another nonconforming use. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.41.060 Abandonment of nonconforming use.
Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of ninety (90) days, or for a cumulative total of one hundred twenty (120) or more days in any twelve (12) month period, then the nonconforming use shall be deemed abandoned and shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.41.070 Restoration of a damaged structure.
A. Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, rear yard, height of structure or distance between structures prescribed in the regulations for the district in which the structure is located, shall be destroyed by fire or other calamity or by act of God or by the public enemy to the extent of fifty percent (50%) or less, the structure may be restored and the nonconforming use may be resumed; provided, that a building permit is obtained within one (1) year and restoration is started within one hundred eighty (180) days and diligently pursued to completion.
B. Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, rear yard, height of structure or distance between structures prescribed in the regulations for the district in which the structure is located, shall be destroyed by fire or other calamity or by act of God or by the public enemy to a greater extent than fifty percent (50%), or shall be voluntarily razed, or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed, except for as permitted in subsection D of this section.
C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Building Official.
D. Notwithstanding subsections A, B and C of this section, any structure containing one (1) or more dwelling units, including a structure that includes a nonresidential use, that is involuntarily destroyed by fire or other calamity or by an act of God or by the public enemy to the extent of fifty percent (50%) or more of its replacement value may be restored to its prior size and number of dwelling units, providing such restoration conforms with all of the following conditions:
1. Conformance to the California Building Code, and any more restrictive building code in effect at the time of reconstruction, and the State Historical Building Code, if applicable.
2. Requirements of this chapter, and any adopted architectural or design review regulations and standards, so long as the size and number of units are maintained.
3. A building permit is obtained within one (1) year after the date of the destruction of the structure and restoration is started within one hundred eighty (180) days and diligently pursued to completion. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]