Chapter 84.17 — NONCONFORMING USES AND STRUCTURES

(a) Regulation of Legal Conformities. This Chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. Within the land use zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawfully in existence before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code, as amended. This Chapter provides for their eventual elimination, but allows them to exist under the limited conditions identified in this Chapter.

(b) Intent. It is the intent of this Development Code to discourage the long-term continuance of these nonconformities in order to promote the public health, safety, and general welfare and to bring the uses and structures into conformity with the goals and policies of the General Plan and any applicable Specific Plan or community plan area.

(Ord. 4011, passed - -2007)

The provisions in this Chapter apply to existing legal nonconforming structures, uses, and parcels. (Ord. 4011, passed - -2007)

(a) Structural Alterations. A nonconforming structure may be continued provided there are no structural alterations except as provided in this Chapter

(b) Enlargements. A nonconforming use may be continued provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this Chapter.

(Ord. 4011, passed - -2007)

(a) Termination by Change of Use. A part of a structure or parcel occupied by a nonconforming use that is changed to or replaced by a use conforming to this Development Code shall only be used or occupied by a conforming use afterwards.

(b) Discontinued Structures or Land Use. If a part of a structure or parcel occupied by a nonconforming use is discontinued for 180 days or more, its status as a legal nonconforming use shall cease and thereafter it shall only be used or occupied in compliance with this Development Code.

(c) Reconstruction, Repairing, or Rebuilding and Continued Use. The provisions of this Section shall not prevent the reconstruction, repairing, or rebuilding and continued use of nonconforming structures or structures damaged by a natural or man-made catastrophe after the effective date of this Development Code, provided the cost of the reconstruction, repairing, or rebuilding does not exceed 75 percent of the replacement value of the structure or structures constituting a single enterprise at the time the damage occurred. (Ord. 4011, passed - -2007)

(a) Time Period for Removal or Alteration. A legal nonconforming use, that was designated or intended for a use not presently allowed in the land use zoning district where it is located, shall be completely removed or altered to comply with the requirements for the uses allowed in the land use zoning district within a time period fixed by the Department. The time for removal or alteration may not be fixed for a date before the expiration of the normal life of a structure as determined by the Director. The determination of the normal life of a nonconforming structure and the fixing of time for its removal or alteration may only be made after notice to the owner.

(b) Order for Removal or Alteration. An order for removal or alteration shall require the action on a date no less than five years from the time the order is made. The Department shall give the owner of the affected use or structure written notice of removal or alteration immediately upon the order becoming final and again not less than 60 or more than 180 days before the date the removal or alteration is required to be completed. If the Department fails to give this second notice within the required time period, the owner shall be given 60 days from the notice’s actual postmark date.

(c) Exempt Residential Structures. A residential structure that complied with applicable development standards at the time of its construction and that is utilized for residential purposes in a land use zoning district that allows residential uses is not subject to provisions of this Chapter even though the structure does not comply with the residential development standards established for residential land use zoning districts in Division 2 (Land Use Zoning Districts and Allowed Land Uses), including the Alternate Housing Standards (AH) Overlay. (Ord. 4011, passed - -2007)

(a) Continuation of Ranch after Change to Residential Land Use Zoning District. A commercial chicken ranch legally existing at the time of a zone change to a residential land use zoning district may continue to operate to the full limit and extent of chicken houses, cages, brooders, and similar accessory structures existing on the premises at the time of the zone change, provided that a Certificate of Land Use Compliance is recorded in compliance with Chapter 85.05 (Certificate of Land Use Compliance) before the effective date of the zone change.

(b) Conditional Use Permit Required for Expansion of Use. In the event a commercial chicken ranch desires the addition of chicken houses, cages, brooders, or similar accessory structures beyond those existing at the time of the zone change, an approved Conditional Use Permit shall be required in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), including findings for alteration of a nonconforming use in § 84.17.080 (Alteration to Nonconforming Uses).

(Ord. 4011, passed - -2007)

(a) Nonconforming Use of Land with No Structures. The legal nonconforming use of land, where structure(s) do not exist on the effective date of this Development Code, may continue for a period of not more than ten years, provided: (1) The nonconforming use of land shall not in any way be expanded or extended, either on the same or adjoining property.

(2) The nonconforming use of land existed on the effective date of this Development Code. If the nonconforming use is subsequently discontinued or changed, it shall not be reestablished and any future use of the land shall comply with the provisions of this Development Code.

(b) On-Site and Off-Site Signs. Legal nonconforming commercial on-site or off-site signs existing on the effective date of this Development Code may be continued, although the use does not conform with the provisions of this

Development Code; provided, however, that the nonconforming signs and their supporting members shall be completely removed by their owners no later than five years from the effective date of this Development Code.

(c) Reclassification of Land Use Zoning Districts. The provisions in this Section shall also apply to structures and land and uses that become nonconforming due to a reclassification of land use zoning districts under this Development Code.

(Ord. 4011, passed - -2007)

(a) Conditional Use Permit Requirement. A legal nonconforming use shall only be altered after review and approval of a Conditional Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), including the findings for alteration of a nonconforming use in § 85.06.080 (Alteration to Nonconforming Uses).

(b) Exempt Governmental or Court Actions. Alterations required by governmental or court action shall be exempt from these conditions.

(c) Ownership Changes. Restrictions and conditions affecting a nonconforming use shall apply to the existing use, land, and structures and shall not be affected by ownership changes.

(d) Additions Within Setback Areas. In addition to the provisions regarding Conditional Use Permits or Variances, the Building Official may allow the construction of an additional modification to a legally existing structure within a current setback area, as established by an applicable residential land use zoning district, when the legally existing structure is within the setback area, and provided the additional modification does not exceed the projection of the existing structure into the current setback area and does not come closer than three feet to a property line. In the Fire Safety Overlay, the additional modification shall not come closer than five feet to any property line.

(e) Exemptions from Conditional Use Permit Requirements.

(1) Nonconforming Residential Uses. The requirement for a Conditional Use Permit shall not apply to nonconforming residential uses, where the uses are being modified or expanded up to a maximum of 2,000 square feet of floor space or by no more than 25 percent of the floor space or ground area existing at the time the use became a nonconforming use, whichever is greater.

(2) Bringing Structure or Use into Compliance. The requirement for a Conditional Use Permit shall not apply to a nonconforming use or structure that is being expanded, altered, or modified to more closely approximate or exceed the standards of this Development Code with which it does not currently conform.

(3) Routine Maintenance. Routine maintenance and repair of the non-conforming structure.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

A legal nonconforming retail land use may be converted to a legal nonconforming restaurant land use, as defined in this Code, and shall be considered a continuation of the legal nonconforming retail land use, provided that:

(a) Prior to such conversion, the square footage or footprint of the existing retail space is not expanded for purposes of the proposed restaurant.

• (b) The restaurant cannot expand its square footage or footprint. The restaurant may use any patio or other outside area previously used in the course of conducting the legal non-conforming retail use.

• (c) The square footage of the restaurant use shall in no event exceed 5,000 square feet.

• (d) The restaurant use shall not permit entertainment.

• (e) The restaurant use shall not serve alcoholic beverages, except with a meal.

• (Ord. 4161, passed - -2011)