Part I General Provisions | 16.105 Non-Conforming Uses
16.105 NON-CONFORMING USES
16.105.02 ESTABLISHMENT OF LEGAL NONCONFORMING USES, STRUCTURES AND LOTS
16.105.01 PURPOSE AND APPLICABILITY
A. Any legally established use, structure, or lot that is in existence on the effective date of the Zoning Code or any subsequent amendment but does not comply with all of the standards and requirements of the Zoning Code shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this Chapter.
The purpose of these regulations is to permit the continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of the Zoning Code in a manner that promotes the public health, safety, and general welfare and does not conflict with the goals and objectives of the General Plan. More specifically, the purpose of these regulations is to distinguish between nonconforming uses that are detrimental to public health, safety, and general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements. These regulations are also intended to: A. Permit nonconforming structures and uses to remain as long as they are not determined to be public nuisances, as defined in Title 7, Article III of the Vallejo Municipal Code, and to allow for their regular maintenance and repair consistent with the regulations herein. B. Reduce the number of nonconforming structures and uses that are no longer appropriate in the zoning districts in which they are located after abandonment, destruction, or major damage. C. Permit the reestablishment of legally established residential units to provide additional housing opportunities for the community without changing the historic density and character of older residential areas. D. Limit the number and extent of nonconforming structures by prohibiting their movement, alteration, restoration, or enlargement in a manner that would increase the nonconformity between the existing conditions and the current standards for the zoning districts in which they are located. E. Permit the development of nonconforming lots consistent with the regulations herein of this Chapter and the provisions of the Subdivision Map Act.
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TITLE 16: ZONING CODE | VALLEJO, CA
B. These regulations shall apply to all nonconforming lots, structures, and uses, except for those within the Mare Island Specific Plan area. C. The provisions of these nonconforming regulations do not restrict any authority to require modification or termination of any nonconforming use or structure that has been declared to be a public nuisance by the City Council, pursuant to Title 7, Chapter III of the Vallejo Municipal Code. D. Nonconforming uses, structures, and lots include: 1. Those made nonconforming by the addition of a standard or requirement of the Zoning Code previously not required for such use or structure; and 2. Uses and structures reclassified from permitted to being subject to a Discretionary Permit. E. Nothing contained in the Zoning Code shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a Building Permit has properly been issued, in accordance with the provision of ordinances then in effect and upon which actual construction has been started prior to the effective date of the Zoning Code, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure.
16.105.03 NONCONFORMITIES A. A nonconformity may result from any inconsistency with the requirements of the Zoning Code including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Use Permit or other required authorization.
Draft: 01/06/2021
