§ 9-72.040. Exemptions and Exceptions

A.

Involuntarily partially damaged nonresidential uses and structures.

1.

Nonresidential uses or structures. Where any nonconforming use or structure is involuntarily damaged or partially destroyed by an Act of God, explosion, fire, or other catastrophic event, or the public enemy, the same may be restored and resumed provided that all reconstruction and repair work shall be permitted and initiated within a period of 180 days.

B.

Residential uses or structures involuntarily damaged may be reconstructed.

1.

Single- and multi-family dwelling units. Nonconforming single- and multi-family dwelling units that have been involuntarily damaged or destroyed by an Act of God, explosion, fire, or other catastrophic event, may be reconstructed or replaced with a new structure to its pre-existing condition (e.g., building height, density standards, setbacks, and square footage) in compliance with State law (Government Code Section 65852.25) or to current Development Code and Building Code requirements; provided:

a.

The applicant provides documentation satisfactory to the Director supporting the claim that the damage or destruction occurred involuntarily;

b.

No expansion of the number of dwelling units occurs;

c.

The replacement structure is in compliance with City's adopted Building Code and the City's Floodplain Damage Prevention Ordinance; and

d.

A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion.

2.

Applicable Development Code provisions. If the preceding requirements are not met, the replacement structure shall comply with the applicable current Development Code provisions for the subject zoning district in effect on the date of application for the required Building Permit.

C.

Nonconforming structures due only to changed standards. Where structures have been rendered nonconforming due only to revisions in development standards dealing with height, parcel area per structure, parcel coverage, or setbacks, and the use is allowed or conditionally allowed in the subject zoning district, the structures may be continued, expanded, or extended on the same parcel; provided, the structural or other alterations for the expansion or extension of the structure are either required by law, or comply with the applicable current Development Code provisions in effect for the subject zoning district.

D.

Public utilities exempted. The provisions of this Chapter concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric-generating stations, water wells and pumps, etc.); nor shall any provision of this Chapter be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features, as are used directly for the delivery of or distribution of the service.

E.

Public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming within the meaning of this Chapter; provided, that if the structures located on the parcel subsequent to the acquisition, are damaged or destroyed, no reconstruction shall take place unless it is in full compliance with the applicable current Development Code provisions in effect for the subject zoning district.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)