Chapter 19.96 — NONCONFORMING USES

Except as otherwise listed below, a legal nonconforming use may continue indefinitely.

A.

Nonconforming single family uses on Bloomdale Street, Maynard Drive and Park Rose Avenue. Properties on Bloomdale Street, Maynard Drive and Park Rose Avenue which are zoned Commercial but are developed with single-family uses are nonconforming uses, but may continue on the property until a development plan for the property consistent with the General Plan designation of the property is approved. The existing R-1 structures may be repaired and expanded and may be reestablished if damaged subject to compliance with standards provided in the R-1 Zone.

B.

Nonconforming use eligible for conditional use permit or other approval. Any nonconforming use that is eligible to be considered for a Conditional Use Permit, Minor Use Permit, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until such permit or other such approval is granted.

C.

Modifications and extensions to legal nonconforming uses.

1.

A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the date the nonconformity was created, except as specified below.

a.

The changes are, in and of themselves, in conformance with the provisions of this Development Code.

b.

The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

c.

The changes are required by other laws.

d.

The changes are incident to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

2.

No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

D.

Discontinuance of legal nonconforming use.

1.

If any legal nonconforming use is discontinued for a period of 180 consecutive days or more, subsequent use of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

2.

This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this Development Code.

Chapter 19.98 - ABATEMENT/EXTENSION OF NONCONFORMING USES/STRUCTURES

Sections:

ARTICLE 7 - PERMIT PROCESSING PROCEDURES

Chapters:

Chapter 19.110 - GENERAL PROVISIONS

Sections:

ARTICLE 8 - DEVELOPMENT CODE ADMINISTRATION

Chapters:

Chapter 19.140 - ADMINISTRATIVE RESPONSIBILITY

Sections:

ARTICLE 9 - DEFINITIONS

Chapters:

Chapter 19.160 - DEFINITIONS

Sections: