Where lots, buildings, or uses legally existing upon the effective date of this chapter are: (1) not in conformity with the provisions of this chapter, or (2) hereinafter become nonconforming due to reclassification of districts under this Code, it is the intent and purpose of this chapter to declare such lots, buildings, uses and land to be nonconforming for the purpose of protecting the public health, safety and general welfare.

Type I nonconforming lots, buildings, and uses are those which are generally not detrimental in the district and may be continued and under certain conditions improved, altered or enlarged.

A.

Lots. Type I nonconforming lots are those legally created lots which do not conform to the lot area and lot dimension standards for the district in which they are located. The uses permitted in the district shall be permitted on such lots, subject to all other provisions of the district.

B.

Buildings. Type I nonconforming buildings are those buildings which do not conform to the building height, yards, distance between buildings, floor area ratio, and minimum size of dwelling under standards for the district in which they are located. Such buildings shall be permitted to continue; provided, that any improvement, alteration, or enlargement thereto shall comply with all provisions of the district. The improvement or alteration of buildings encroaching in established setback planning commission. When any type I nonconforming building is for any reason removed from the land, all future buildings or structures erected on such land shall conform to all provisions of the district.

C.

Uses—Residential. In residential districts, type I nonconforming uses of buildings are those uses which do not conform to the lot area per dwelling unit standards for the district in which they are located. Buildings containing such uses may be improved, altered, or enlarged provided that the dwelling or rental unit density shall not be increased.

D.

Uses—Commercial/business park. In commercial and business park districts, type I nonconforming uses of buildings are those uses which are not listed specifically as permitted uses but which are of the same general type of use permitted in such district and are determined by the planning commission not to be detrimental to surrounding uses and the public health, safety and general welfare. Such uses may be continued, improved, altered or enlarged subject to the provisions of the district.

Type II nonconforming buildings and uses are those which are detrimental in the district, and they shall be terminated or removed within a specified time period. The period shall be measured from the effective date of this chapter.

A.

Buildings. Type II nonconforming buildings are as follows:

In residential districts, industrial buildings, and commercial buildings other than those specifically permitted shall be considered as type II nonconforming.

In commercial and business park districts, residential buildings not specifically permitted in the district shall be considered as type II nonconforming.

The following time limits shall be applied to all type II nonconforming buildings. This timetable is deemed to provide for the reasonable amortization of the affected buildings. Such buildings shall be removed from the land within:

1.

Type 1 and 2 construction*: Twenty (20) years from the date such building becomes nonconforming;

2.

Type 3 and 4 construction*: Fifteen (15) years (fire-resistant) from the date such building becomes nonconforming;

3.

Type 5 construction*: Ten (10) years from the date such building becomes nonconforming.

*As defined in the city building codes.

When a type II nonconforming building is removed from the land, every future building and use shall be in conformity with the provisions of this article.

B.

Uses. Type II nonconforming uses shall be those uses in any district which are expressly prohibited and those other uses which are not specifically provided for in the district.

1.

A type II nonconforming use of a conforming or a type I nonconforming building shall, within five (5) years from the date such use becomes nonconforming, be completely terminated or shall be so altered that it will be in conformity with the uses permitted in the district. Such nonconforming use shall not be expanded or extended into any other portion of the building or land upon which such building is located, and if such use is discontinued for a period of one hundred eighty (180) days, any future use of the building shall be in conformity with the uses permitted in the district.

2.

A type II nonconforming nonresidential use in a type II nonconforming building may continue for the duration of the building and may be expanded or extended throughout the building, provided no structural alterations except those required by law or ordinance shall be made therein. Further, if no structural alterations are made, a nonconforming use in such a building may be changed to permit a similar or more restricted type of nonconforming use; provided, that the new use is approved by the director.

3.

A type II nonconforming residential use in a type II nonconforming building shall, within five (5) years from the date such use becomes nonconforming, be completely terminated and may be replaced by a permitted nonresidential use, provided the new use and any necessary remodeling and structural alterations are approved by the planning commission.

A.

A nonconforming use of land, where no building or structures are involved, or the only buildings employed are accessory or incidental to such use shall, when determined by the city council to be detrimental to the public health, safety and welfare, within five (5) years from the date such use becomes nonconforming, be completely terminated or so altered that it will be in conformity with the provisions of the district.

B.

Such nonconforming use of land shall not be expanded in any manner either on the same or adjoining property.

C.

If such nonconforming use of land is discontinued for a continuous period of one hundred eighty (180) days, any further use of land shall be in conformity with this article.

Existing buildings whose off-street parking or loading facilities do not conform to the provisions of this article may be improved, altered or expanded provided the requirements for off-street parking and loading space have been complied with for the improvement, alteration or enlargement.

Existing uses involving outside storage not conforming to the provisions of this article shall within five (5) years from the date such use becomes nonconforming, bring the premises into conformity with the requirements of this article; provided, that should the uses on the premises be expanded or the building so altered as to require a building permit, then the owner shall comply with the applicable provisions at such time.

Lawful existing off-sale liquor establishments in the freeway corridor overlay district may continue such use. Such nonconforming use shall not be expanded. If such is discontinued for a period of one hundred eighty (180) days, any future use of the property shall be in conformity with the uses permitted in the district. This section shall not be interpreted to authorize the existence or continuance of any other use or condition which is nonconforming or unlawful.

(Ord. No. 130, § 3, 7-29-87)

The use of land, buildings or structures which do not meet the standards of performance for the uses or the standards for equipment employed in the operation of the uses as required by this article, shall be brought into conformity with such standards within a period of five (5) years from the date such use becomes nonconforming, otherwise the nonconforming use shall be discontinued.

Upon compliance with the required performance standards, the director shall issue a certificate of compliance, a copy of which shall be filed with the city clerk. No permit or license shall be issued to any use not conforming with the performance standards at the end of five (5) years from the date such use becomes nonconforming.

A.

These provisions shall not apply to existing antennas and the like, related to residential structures.

The provisions set forth in this chapter shall apply to any changes to nonconforming lots, buildings and uses.

A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot unless the building or structure which is moved is made to conform to the regulations of the district in which it is located, except as otherwise provided by this chapter.

Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

A.

Nonconforming residential structures. Any nonconforming residential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure or the number of dwelling units, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

B.

Nonconforming nonresidential structures. Any nonconforming nonresidential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be restored or reconstructed up to one hundred (100) percent of the size and area of the damaged structure, and the occupancy or use of such building, structure or part thereof that existed at the time of such damage may be continued, only if the total cost of such reconstruction or repair does not exceed fifty (50) percent of the total reconstruction cost of the building or structure on the date the damaging event occurred, as determined by the building official. The restoration shall commence within one (1) year after the date the damaging event occurred and shall be diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development. In the event the cost to repair or reconstruct the structure exceeds fifty (50) percent of the total reconstruction cost of such building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations of the zone district in which it is located.

C.

Nonconforming nonresidential historic structures. The following structures located in Old Agoura and identified in section 9552.2 are considered historic structures for the purposes of this section: "Amazing Kate's", "Old Post Office", "Stage Door Theatre" and the "Agoura Sign". Historic structures that are damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

(Ord. No. 04-328U, § 1, 10-27-2004; Ord. No. 07-344, § 1, 6-13-2007)

Where no use of a nonconforming building or improvement is be made for a continuous period of one hundred eighty (180) days, the nonconforming building or improvement shall thereafter be used only in conformance with the provisions of this chapter.

Notwithstanding the provisions of section 9703, any outdoor storage or display or other uses expressly prohibited by section 9542.1.A and 9553.1.A.6 but lawfully existing on March 3, 1987 may continue as a legal, conforming use under this article provided that a permit authorizing such use is granted by the department of planning and community development no later than July 1, 1990. No permit shall be granted unless adequate evidence is submitted to the department showing that the outdoor display and other expressly prohibited uses were lawfully in existence on March 3, 1987. Any permits issued pursuant to this section shall be conditioned to comply with the following:

A.

Landscaping, walls or fencing is provided in a manner approved by the department, where physically feasible, to screen the outdoor storage or display and other expressly prohibited uses from view from abutting public streets. Walls should only be required where they are truly effective. Landscaping in areas or walls, fencing or combination thereof where it would be effective is the preferred alternative. If landscaping is used for screening then the plants or trees used shall satisfactorily screen the prohibited uses within four (4) years of the issuing of the permit by the department. Screening or treatment may be required on more than one (1) side of the property. These improvements shall be maintained in a condition satisfactory to the department for as long as the prohibited uses exist.

B.

Notwithstanding the provisions of subsection A above, the height of any outdoor storage or display located on not more than forty (40) percent of the gross lot area shall not exceed twice the height of the adjacent landscaping, wall, or fence, except that standard metal storage containers may be stacked two (2) high, not to exceed twenty (20) feet.

C.

On-site parking and loading areas shall be provided in the manner approved by the department to the extent physically feasible.

D.

Any on-site drainage problems or deficiencies shall be corrected to the extent feasible, to the satisfaction of the director of public works.

E.

All signs installed contrary to applicable law at the time of installation shall be removed.

F.

An agreement shall be entered into providing for the removal of all legal nonconforming signs within the time period provided by this article.

G.

An agreement shall be entered into providing that the property owner shall participate in the costs of a street improvement project which is approved by the city. The property owner's commitment under such agreement to participate in the street improvement project shall be subject to the following limits and conditions:

1.

That the scope of any street improvement project be defined to encompass a minimum of two thousand (2,000) feet of business property street frontage. This minimum is to be met by frontage on one or both sides of a street. Each property has only one (1) frontage.

2.

That the owners of at least sixty (60) percent of the property fronting any street improvement project agree to participate in any such project.

3.

That the costs of the improvements to be borne by the property owner shall be limited to the costs of the street pavement, curb, gutter, and sidewalk on existing roadways.

4.

That the property owner's responsibility be limited to sixty (60) percent of the width of the right-of-way directly fronting adjacent to the subject property when only one (1) side of the street is being improved. When both sides are being improved, the property owner's responsibility shall be limited to fifty (50) percent of the width.

5.

That the property owner be given the option to either pay for the improvements on or before the time of construction or on a payment schedule arranged with, or to be determined by the city, with a minimum fifteen-year amortization period.

6.

That this agreement have no bearing, either direct or implied, on the requirement for street improvements which are specified by the city for a land development project under sections 9602.1 to 9602.4 inclusive, or the calculations of the cost for an assessment district, if established.

H.

The subject property complies with all other applicable laws.

I.

Any on-site lighting causing glare on adjacent public streets shall be relocated or modified to prevent such glare to the satisfaction of the department.

J.

Any permit fee established by resolution of the city council has been paid.

Any disputes regarding the intent of these conditions may be appealed to the planning commission.

No permit granted under this subsection shall authorize any expansion beyond the limits of the subject property. Any new improvements to the subject property shall be permitted provided that such improvements comply with the provisions of this article and all other applicable laws.

The provisions of section 9651 et seq. shall apply to nonconforming signs.

A.

Any alteration required by governmental or court action shall be exempt from the provisions of this chapter.

B.

The provisions of this chapter shall not be affected by changes in ownership of property.

The provision set forth in this chapter shall apply to any changes to nonconforming alcoholic beverage establishments. Existing establishments may continue to operate as provided herein, except when any of the following conditions apply:

A.

The establishment changes its type of retail liquor license with the department of alcohol beverage control.

B.

There is a substantial modification to the mode or character of operation. As used herein, the phrase "substantial change of mode or character of operation" shall include, but not be limited to, any increases of twenty (20) percent or more in the floor area or shelf space principally devoted to alcohol sales, or one hundred (100) square feet, whichever is greater.

C.

The off-site or on-site alcoholic beverage establishment expands a customer service area primarily devoted to the sale or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to the sale or service of any alcoholic beverages.

D.

The alcoholic beverage license has been either revoked or suspended for any period by the ABC.

(Ord. No. 09-362, § 5, 7-8-09)

A.

Nonconforming wireless telecommunications facilities and/or nonconforming wireless telecommunications collocation facilities are those facilities that do not conform to division 11 of part 2 of chapter 6 of article IX of this Code.

B.

Nonconforming wireless telecommunications facilities and wireless telecommunications collocation facilities shall, within ten (10) years from the date such facility becomes nonconforming, bring the facility into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time.

C.

When a nonconforming wireless telecommunications facility or wireless telecommunications collocation facility is abandoned or vacated for a continuous period of ninety (90) days or more days, such facility shall conform to the regulations of the district in which the property is located or shall be removed in accordance with section 9661.17 of this Code if it cannot be made to conform.

An aggrieved person may file an appeal to the city council of any decision of the director made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

(Ord. No. 11-387, § 8, 8-24-2011)