Chapter 17.80 — COASTAL ZONE NONCONFORMING USES

Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.80, §§ 17.80.010—17.80.060, and enacted a new Chapter 17.80 as set out herein. The former Chapter 17.80 pertained to similar subject matter. See Code Comparative Table for complete derivation.

Nonconforming uses, buildings, structures, signs and lots may be continued subject to the provisions of this chapter. (Ord. of 2-22-2011(1))

The lawful use of land existing on July 1, 1982, although such use does not conform to the provisions of this chapter, may be continued for a period of twenty years from July 1, 1982. A use of land which becomes nonconforming due to reclassification, change of ordinance or annexation may be continued for a period of twenty years from the date the use becomes nonconforming, except that a legally established nonconforming two-family and multiple dwelling use may be continued for a period of thirty years unless located within an area of industrial zoning. No nonconforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied when it became nonconforming.

(Ord. of 2-22-2011(1))

• A. Maintenance. A nonconforming use of a structure or building may be maintained indefinitely in the original condition except as otherwise provided in this chapter.

• B. Change of Nonconforming Use. A nonconforming use may be changed to similar use allowed in the most restrictive zoning district which would permit the existing use or to a use allowed in a more restricted zoning classification. When a use is changed to a use permitted in a more restrictive zoning classification and the use shall not subsequently be changed to a use not permitted in the more restrictive zoning classification. No change of use will be permitted if the new use proposed requires a use permit.

• C. Expansion. A nonconforming use shall not be expanded.

• D. Signs. Identification signs may be permitted on structures or buildings housing a nonconforming use provided such signs are mounted on the wall of the building parallel to the street side property line and shall not project more than twelve inches from the wall of the building and provided further that the total sign areas shall not exceed one square foot for each linear foot of building facing a public road or street.

• E. Discontinuance. No nonconforming use of a structure shall continue if the use has been discontinued for six consecutive months or for twelve months during any consecutive thirty-six months. When such discontinuance has occurred, the premises or structure shall only be used for the purposes allowed in the zoning district in which it is located.

• F. Damage or Destruction. Where a structure containing a nonconforming use is destroyed by any means to an extent of more than fifty percent of its market value as determined by the county assessor on the last equalized assessment roll, it shall not resume its

nonconforming use but may be restored and used in conformity with the provisions of this title. Where a legally non-conforming twofamily or multiple dwelling use is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, it may be considered for restoration, reconstruction or rebuilding subject to the following criteria:

1. The dwelling may be reconstructed, restored, or rebuilt up to its pre-damaged size and number of dwelling units, and its nonconforming use, if any, may be resumed.

2. The project shall be subject to issuance of a building permit within two years of the date of destruction and shall comply with those California Building Standards and any other local building standards authorized under the Health and Safety Code in effect at the time of restoration.

3. The project shall be in compliance with the State Historical Building Code for work on qualified historical buildings or structures.

4. The project shall otherwise be constructed in compliance with City zoning ordinances so long as the pre-damaged size and number of units is maintained. Reconstruction of such units in an area zoned as industrial shall be prohibited.

• (Ord. of 2-22-2011(1))

• A. Maintenance. A nonconforming structure or building may be maintained indefinitely in the original condition except as otherwise provided in this chapter.

• B. Enlargement or Alteration. No nonconforming building may be enlarged or altered in any way which increases its nonconformity.

• C. Repairs. Repairs of an ordinary nature may be made in any period of twelve consecutive months including repair or replacement of nonbearing walls, fixtures, wiring and plumbing to an extent not to exceed ten percent of the market value of the building as determined by the county assessor on the last equalized assessment roll. Work which is required to strengthen or to restore the building to a safe condition as determined and ordered by code enforcement official or other city or state officer by reason of statute or ordinance shall not be included within the ten percent limitation.

• D. Damage or Destruction. If a nonconforming structure is destroyed by any means to an extent of more than fifty percent of its market value as determined on the last equalized assessment roll at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. Where a legally non-conforming two-family or multiple dwelling use is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, it may be considered for restoration, reconstruction or rebuilding subject to the following criteria:

  1. The dwelling may be reconstructed, restored, or rebuilt up to its predamaged size and number of dwelling units, and its nonconforming use, if any, may be resumed.

  2. The project shall be subject to issuance of a building permit within two years of the date of destruction and shall comply with those California Building Standards and any other local building standards authorized under the Health and Safety Code in effect at the time of restoration.

  3. The project shall be in compliance with the State Historical Building Code for work on qualified historical buildings or structures.

  4. The project shall otherwise be constructed in compliance with City zoning ordinances so long as the pre-damage size and number of units is maintained.

Reconstruction of such units in an area zoned as industrial shall be prohibited.

• E. Relocation. If a nonconforming building is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located.

• (Ord. of 2-22-2011(1))

• A. A nonconforming lot shall not be reduced in area or width.

• B. Any conforming use or conforming structure on a nonconforming lot may not be enlarged, extended or reconstructed.

• C. A nonconforming lot to be used for residential purposes shall be subject to the density requirements of such zoning district in which it is located, except:

  1. A single-family dwelling and customary accessory buildings may be erected on a nonconforming lot located in any district in which a single-family dwelling is permitted, so long as all setback requirements are provided.

• D. If two or more lots or combination of lots or portion of lots with continuous frontage single ownership do not meet the requirements established for lot width or area, the land involved shall be considered to be a single building site for purposes of this section and no portion of said building site shall be used or sold in a manner which diminishes the degree of compliance with lot width and area requirements, nor shall any division of any building site be made which creates a lot width or area below the requirements stated in this title.

• (Ord. of 2-22-2011(1))

Notwithstanding the provisions of Sections 17.80.020 and 17.80.030 , upon a written complaint filed with the planning director by any aggrieved person, alleging that a nonconforming use of land or structures has become a public nuisance through decline in appearance, or through emissions of noise, smoke or vibrations, or through the conduct of its operations has become a persistent police problem, the planning director may refer the matter to the planning commission and the planning commission may, after a public hearing thereon, order the removal of the nonconforming use subject to the city's obtaining a coastal development permit(s) for such removal or demolition. The planning commission may initiate such proceedings upon its own motion for any of the above-described causes. The procedure for notice, hearing and appeal shall be as set forth in Section 17.82.030 . (Ord. of 2-22-2011(1))