This chapter describes the status of the uses of land or structures which were lawful before this ordinance was passed but which are now prohibited or restricted. It is the purpose of this ordinance to define how non-conforming buildings and uses will be administered.

(Amended by Ordinance 2015-03 on 03/24/15)

Any building or use of land or any construction thereon, or any subdivision of land, which was not authorized by or under the pre-existing zoning or subdivision regulations, as amended, or which is illegal under such regulations, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Ordinance.

(Amended by Ordinance 2015-03 on 03/24/15)

Any person who may obtain State or Federal properties by purchase, lease or other arrangement must utilize such properties in accordance with the provisions of this Ordinance.

(Amended by Ordinance 2015-03 on 03/24/15)

The owners of land and buildings shall not be deprived of any use of property for the purpose to which it is lawfully devoted at the time of enactment of this ordinance.

Any building, structure or use of land, including but not limited to the raising of livestock, which is existing and lawful at the time of the enactment of this Ordinance, but which does not conform to the provisions of this Ordinance, shall be considered a non-conforming use and shall be allowed to continue, to the same extend and character as that which legally existed on the effective day of the application regulations, although such use does not conform to provisions of the Ordinance or amendment.

Repairs may be made to a non-conforming building or structure, or to a building or structure housing a non-conforming use, provided such repair: 1) shall be made in accordance with the provisions of the City building regulations, when applicable, and 2) does not have the effect of increasing the size or altering the character of the non-conforming building, structure or use.

(Amended by Ordinance 2015-03 on 03/24/15)

A non-conforming building or structure or a building or structure occupied by a non-conforming use which is damaged or destroyed by fire, flood or other calamity or act of nature may be restored or reconstructed and the use thereof resumed, provided that such restoration or reconstruction:

1. Is commenced within a period of two years from the date of occurrence of the damage, and
   
2. Does not have the effect of increasing the size of the building or structure or the floor space in excess of that which existed at the time the building became non-conforming, except when
   approved in accordance with the provisions of DCA 3.22.070.
   

Any such restored or reconstructed structure shall be constructed in accordance with the provisions of the current City building regulations.

(Amended by Ordinance 2015-03 on 03/24/15)

A non-conforming use located within a building may be extended through the same building in which said non- conforming use is located, provided no structural change is made or proposed in the building for the purpose of accommodating such extension.

(Amended by Ordinance 2015-03 on 03/24/15)

A non-conforming building or structure or a building housing a non-conforming use may be extended or enlarged or reconstructed, subject to the prior approval by the City Council, after recommendation of the Planning Commission and such compliance with the following:

1. The proposed extension or replacement shall be located entirely on the same lot or parcel as the present non-conforming structure and will conform with all current setback and location requirements.
   
2. The applicant shall submit a detail site plan showing the location of existing and proposed structures on the site and in the vicinity, existing lot boundaries, roads, driveways, parking areas, utilities and other significant features on the site and in the immediate vicinity.
   
3. A finding made by a majority vote of the Council that:
   
   1. The proposed enlargement or extension will not significantly alter the character of the building or use or its impact upon the area.
      
   2. The building or use, if extended, will not have the effect of diminishing the value of property or the quality of living environment of adjacent properties.
      
   3. The proposed enlargement will not significantly increase the number of vehicles or pedestrians, or result in the establishment or increase of a safety hazard to the area.
      
   4. The proposed enlargement will not result in the establishment of a condition incompatible with the neighborhood area and the stated objective of the zone in which it is located.
      

The Council may attach such conditions to its approval as are necessary to adequately protect the property and uses in the surrounding territory and the intent of the zone, including but not limited to, the providing of off-street parking access ways, landscaping features and additional setback of structures.

Porches and external covered stairs shall be permitted within setbacks so long as they do not extend beyond the original setbacks of the non-conforming structure (i.e. the setbacks from the time of the original build), and may be approved at a staff level.

(Amended by Ordinance 2015-03 on 03/24/15)

A non-conforming use or building may be changed to a conforming use or building. Any non-conforming building or use, which has been changed to a conforming building or use shall not thereafter be changed back to a non-conforming use.

A non-conforming use of a building or lot shall not be changed to another non-conforming use whatsoever. Changes in the use shall be made only to a conforming use.

(Amended by Ordinance 2015-03 on 03/24/15)

A non-conforming building or structure or portion thereof, or a lot occupied by a non-conforming use which is, or which hereafter becomes, abandoned or discontinued for a continuous period of one (1) yearyears or more shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in which it is located.

(Amended by Ordinance 2015-03 on 03/24/15)

The provisions pertaining to non-conforming uses of land and buildings shall also apply to land and buildings which hereafter become non-conforming due to an amendment of this Ordinance or the zone map.

(Amended by Ordinance 2015-03 on 03/24/15)

In all zones where one-family dwellings are listed as a permitted use, a one-family dwelling may be constructed on any lot or parcel of land, even though such lot or parcel does not comply with the area or width requirements for one-family dwellings within the zone, subject to a determination by the Zoning Administrator that the lot complies with all of the following:

1. The lot or parcel qualifies as a non-conforming lot of record (existed as separately described parcel on the records of the County Recorder prior to the effective date of the Ordinance) and the parcel does not constitute an illegal subdivision lot.
   
2. One-family dwellings are listed as a permitted use in the present zone, and
   
3. All setbacks, height, access, building size, utility and special provision requirements of the existing zone and all applicable supplementary regulations can be met.
   

The authorization in this DCA 3.22.110 shall be applicable only in the instance of one-family dwellings. The Hearing Officer shall not have the authority to approve a dwelling having two or more dwelling units on a parcel which does not fully comply with the requirements applicable thereto.

(Amended by Ordinance 2015-03 on 03/24/15)