Chapter 11-15
NONCONFORMING USES
Sections:
Article 1. Nonconforming Uses
11-15-020 Continuation of existing uses.
11-15-040 Repairs, alterations and maintenance.
11-15-070 Restoration of damaged structures.
11-15-080 Restoration of damaged multifamily structures.
11-15-090 Expansion of nonconforming uses and buildings or structures.
Article 1. Nonconforming Uses
11-15-010 Intent.
Where buildings or uses legally existing on the effective date of the ordinance codified in this Title are not in conformity with the provisions of this Title, it is the intent and purpose of this Chapter to declare such buildings and uses to be nonconforming and inconsistent with the orderly development of the City and to not encourage such nonconforming uses and buildings to continue to exist.
11-15-020 Continuation of existing uses.
Any use, building or structure existing on the effective date of the ordinance codified in this Title which does not conform with the provisions of this Title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided, however, that this Section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect.
11-15-030 Conditional uses.
Any use legally existing on the effective date of the ordinance codified in this Title which was a permitted use in the zoning district in which it is located and which is now classified as a conditional use shall be considered a nonconforming use until a conditional use permit is obtained pursuant to Chapter 11-20 SJBMC.
11-15-040 Repairs, alterations and maintenance.
(A) Ordinary nonstructural repairs, alterations, or maintenance that do not require a building permit may be made to a nonconforming building or structure as required to keep it in sound condition. Alterations or repairs of a structural nature to a nonconforming building or structure shall not be permitted except such as are required by law or ordinance or authorized by the Planning Commission upon obtaining a conditional use permit pursuant to Chapter 11-20 SJBMC; provided, however, that structural alterations or repairs may be made to a nonconforming residential building or structure which is used for residential uses in a zone in which residential uses are allowed.
(B) Nothing in this Chapter shall prevent the making of structural repairs or alterations or otherwise strengthening or restoring to a safe condition any part of any building or structure which had been determined by the City Manager or designee unsafe or substandard under any of the Uniform Building Codes specified in SJBMC Title 10.
11-15-050 Change of use.
(A) A nonconforming use which is determined by the Planning Commission to be of the same or a more desirable nature may be substituted for another nonconforming use; provided, that in each case a conditional use permit is first secured in accordance with the provisions of Chapter 11-20 SJBMC.
(B) Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use, unless allowed by Chapter 11-08 SJBMC, Historic Resources Preservation.
11-15-060 Cessation of use.
(A) Where the nonconforming use of a building or structure has ceased for one (1) continuous year or more, such building or structure shall not again be put to a nonconforming use.
(B) When a nonconforming use of land not involving any building or structures, except minor structures such as fences, signs and buildings less than four hundred (400) square feet in area, has ceased for six (6) continuous months or more, such land shall not again be put to a nonconforming use.
11-15-070 Restoration of damaged structures.
With the exception of a multifamily residence, if seventy-five percent (75%) or less of the value of a nonconforming building above its foundation is damaged by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, it may be restored, reconstructed or used as before; provided, that such reconstruction shall be started within six (6) months of such happening and prosecuted to completion within one (1) year of such happening. If more than seventy-five percent (75%) is damaged, by any means, it shall be restored or reconstructed and used, subject to and in conformance with all the regulations specified by this Title, including but not limited to the regulations of the zoning district in which the building is located. The value of a building shall be determined by the County Tax Assessor records.
11-15-080 Restoration of damaged multifamily structures.
Pursuant to Government Code Section 65852.25, a multifamily dwelling that is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy shall be allowed to be reconstructed, restored, or rebuilt according to standards set forth in Government Code Section 65852.25, unless the City determines that:
(A) The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; and
(B) The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted.
11-15-090 Expansion of nonconforming uses and buildings or structures.
(A) Nonconforming Use. A nonconforming use may only be expanded by securing a conditional use permit pursuant to Chapter 11-20 SJBMC.
(B) Nonconforming Buildings or Structures. A nonconforming building or structure may not be expanded unless the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements, as determined by the City Manager or designee. If a structure is nonconforming due to insufficient on-site parking, the City Manager or designee will evaluate the potential for the addition to increase the parking demand for the structure or building and may refer the permit to the Planning Commission for action. The City Manager or designee may attach such conditions to approval of an application as the City Manager or designee deems appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and intent of the provisions of this Section.
Legislative History: Ord. 2007-03 (2/20/07).