Chapter 17.96
NONCONFORMING USES
Sections:
17.96.020 Continuation and maintenance.
17.96.030 Use of nonconforming structures.
17.96.040 Use of conforming structures.
17.96.050 Nonconforming use of land.
17.96.060 Restoration of nonconforming structures.
17.96.070 Alterations and additions.
17.96.080 Elimination of nonconforming uses.
17.96.090 Abandonment of nonconforming uses.
17.96.100 Time when use, structure or sign becomes nonconforming.
17.96.110 Records and notification of nonconforming status of a use, structure or sign.
17.96.010 Purpose.
A. A nonconforming use is a use of a structure or land which was lawfully established prior to adoption of the ordinance codified in this title but which, under this title, does not conform with regulations for the zone in which it is located. This chapter limits the number and extent of nonconforming uses.
B. A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with regulations for the zone in which the structure is located. While permitting use and maintenance of nonconforming structures, this chapter limits the extent of nonconforming structures. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.020 Continuation and maintenance.
A. A use lawfully occupying a structure or a site on the effective date of the ordinance codified in this title or of amendments thereto which does not conform with the regulations for the zone in which the use is located shall be deemed to be nonconforming and may be continued as provided in this chapter.
B. A structure lawfully occupying a site on the effective date of the ordinance codified in this title or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structure prescribed in the zone in which the structure is located shall be deemed to be nonconforming and may be used and maintained as provided in this chapter.
C. Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.
D. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on nonconforming structures. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.030 Use of nonconforming structures.
A. The nonconforming use of a nonconforming structure existing on the effective date of the ordinance codified in this title may be continued, and may be extended throughout such structure, and may be changed to another use of the same or more restricted classification, subject to the provisions of this chapter.
B. A structure which is nonconforming solely by reason that it does not comply with one or more height, yard or area regulations shall, for the purposes of this section, be deemed to be a conforming structure. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.040 Use of conforming structures.
The nonconforming use of a conforming structure existing on the effective date of the ordinance codified in this title may be continued only as follows:
A. Such use shall not be extended into any other portion of such structure;
B. If such use is discontinued, any future use shall conform to the provisions of this title;
C. If such structure is a dwelling, such nonconforming use shall be discontinued within three years of the effective date of the ordinance codified in this title, except that any person who was conducting such use in such dwelling on said effective date may continuously conduct the same in such building without limit as to time, which privilege shall not be transferable. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.050 Nonconforming use of land.
A. The nonconforming use of land where no structure (except fences) is involved in connection with such use, and nonconforming signs or billboards, existing on the effective date of the ordinance codified in this title, or which thereafter becomes subject to the provisions of this title, may be continued for a period of not more than three years thereafter.
B. If a structure involved in connection with a nonconforming use of land is removed, or destroyed to the extent of more than seventy-five percent of its reasonable value, or such nonconforming use of such structure is discontinued, such nonconforming use of such land may be continued for a period of not more than three years after the date of such removal, destruction or discontinuation.
C. No nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, or changed except to a conforming use.
D. If a nonconforming use of land which is permitted to be continued under any of the provisions of this section is discontinued, any future use of such land shall conform to the provisions of this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.060 Restoration of nonconforming structures.
A. Subject to all other regulations of this chapter, a nonconforming structure destroyed to the extent of not more than seventy-five percent of its reasonable value by fire, explosion or other casualty, or by act of God, or the public enemy, may be restored, and the occupancy or use of such building or structure or part thereof which existed at the time of such partial destruction may be continued. The time for removal or alteration of such a restored structure shall nevertheless be the same as if such structure had not been thus restored.
B. If a nonconforming structure is so destroyed to an extent of more than seventy-five percent of its reasonable value, the structure may not be restored, and may not be occupied and used, except in conformity with this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.070 Alterations and additions.
No nonconforming structure shall be structurally altered or enlarged, except as follows:
A. Where required by ordinance or statute, or in order to make the building or structure conform;
B. Any building or structure which is nonconforming solely by reason of yard or height requirements may be structurally altered or enlarged; provided, that all alterations or additions shall comply with the yard and height requirements of the zone; and further provided, that the entire building or structure so altered or enlarged complies with all other requirements of this title other than yard and height;
C. Modest expansion or remodeling of an existing nonconforming residential structure or use, limited to fifty percent or less of the value of the existing structure. Such remodeling or expansion shall be subject to the provisions of Chapter 17.80. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.080 Elimination of nonconforming uses.
A. A nonconforming use which does not occupy a structure shall be discontinued and removed from the site within three years from the effective date of the ordinance codified in this title.
B. If a nonconforming building or structure is removed, every future use of such premises shall be in conformity with the provisions of this title.
C. A nonconforming structure in a C or M zone may be continued, subject to the preceding provision.
D. In all R zones, every nonconforming structure other than a residential dwelling, designed or intended for use not permitted in such zone, shall be completely removed or altered to structurally conform to the uses permitted in such zone, provided:
1. Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of such building or structure as determined by the director.
2. In no event may the normal life of such building or structure be fixed at less than forty years from its original construction.
3. No such order shall require the removal or alteration of such building or structure sooner than three years from the time such order is made.
4. Within ten days after the making of such order, the director shall give notice thereof to the owner of record of such structure by causing a copy of the order to be personally served on such owner or mailed to such owner by registered or certified mail, and by causing a copy of the order to be recorded in the office of the county recorder.
5. Not less than sixty days and not more than ninety days before the time fixed for removal or alteration, the director shall give the owner of record of such structure written notice thereof in the manner above-mentioned, and shall give the occupants of such building notice thereof by posting such notice on the structure in a conspicuous place.
E. A nonconforming home occupation shall be discontinued within one year.
F. Fences, walls and hedges which do not conform to the provisions of this title governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification, be removed or made to conform. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.090 Abandonment of nonconforming uses.
Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of ninety days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.100 Time when use, structure or sign becomes nonconforming.
Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of Section 17.96.110. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.110 Records and notification of nonconforming status of a use, structure or sign.
Within one year after the effective date of the ordinance codified in this title, the planning department shall notify, in writing, the owners of all nonconforming structures, uses, signs, fences, walls and hedges of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this title. An excerpt of this title will be attached to said notice. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)
17.96.120 Public structures.
Nothing in this title pertaining to nonconforming structures and uses shall be construed or applied to require termination or removal or to prevent the expansion, modernization, replacement, maintenance, alteration or rebuilding of public structures, uses, equipment and facilities pertaining directly to the rendering of the service; provided, that there is no change of use or increase of those areas so used. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)