1.

An exception to comply with the terms and provisions of this title is granted automatically, for nonconforming uses so as to permit the continuation of the existing use of any building, structure, improvement, or premises existing in the respective zoning districts immediately prior to the time this title or any amendment thereof becomes effective if such existing use was then not an unlawful use in violation of this title or any other ordinance or law.

2.

As used in this chapter, "property" refers only to that portion of the property actually utilized for the existing use. "Improvement" does not include any improvement not a part of the existing use, and such improvement which is not a part of the existing use shall be disregarded in the construction of this chapter.

3.

This chapter does not authorize the extension, expansion, or enlargement of such existing use, or permit the addition of structures or other facilities in conjunction with such existing use, except:

a.

To the extent required by a subsequently enacted or subsequently adopted law, ordinance, or regulation, and the community development director so finds;

b.

Additions may be made to a legally existing dwelling unit without requiring any additional garage, carport, automobile storage space or driveway paving; provided, that such additions do not either increase the number of families that can be housed in such structure or occupy the only portion of an area which can be used for required garages, carports, automobile storage space or access thereto.

4.

The extension, expansion, enlargement or addition permitted by subsection 3(a) and (b) of this section shall not extend the expiration date of such automatic exception.

5.

For those cases where the use of the property is not permitted at the time this title or any amendment thereto becomes effective, such exception for nonconforming uses shall remain in force and effect for the following lengths of time, except that it may be extended or revoked as provided in this section:

a.

Where the property is unimproved, one year;

b.

Where the property is unimproved except for structures with a replacement value of two thousand dollars or less;

c.

In other cases, except residential uses, twenty years, and for such longer time so that the total life of the improvement from date of construction will be:

(1)

Type 4 or Type 5 buildings (light incombustible frame and wood frame):

(a)

Stores and factories, twenty-five years,

(2)

Type 2 or Type 3 buildings (heavy timber construction and ordinary masonry):

(a)

Offices, stores, forty years,

(b)

Stores below, hotel or offices above, forty years,

(c)

Warehouses, stores, garages, lofts, forty years,

(d)

Factories and industrial, fifty years,

(3)

Type 1 buildings (fire resistive):

(a)

Offices and hotels, fifty-five years,

(b)

Theaters, sixty years,

(c)

Warehouses, lofts, stores, garages, fifty years,

(d)

Industrial, forty years.

6.

For purposes of this section, the lengths of time for permitting exceptions for nonconforming uses shall apply only when the use conducted on the property is not a permitted use at the time this title or any amendment thereto becomes effective and shall not apply to uses which are nonconforming by reason of the absence of the following factors, where the same were not required at the time of commencement of the uses:

a.

The absence of an approved development plan for a conditional use permit;

b.

The absence of landscaping as required by this title;

c.

The absence of parking as required by this title;

d.

The absence of setback, building coverage, building height, distance between buildings, and yard requirements of this title.

7.

The enactment of this title shall not extend any amortization period for any use which was nonconforming at the time of the enactment of this title.

(Ord. 315 § 1 (part), 1981)

In addition to the other grounds set forth in this chapter, an exception which has been automatically granted by this chapter may be extended if the planning commission finds that the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property.

(Ord. 315 § 1 (part), 1981)

1.

Upon application and provided no structural alterations are made, the planning commission may authorize changing a nonconforming use to another nonconforming use if the planning commission finds that the use is relatively of the same intensity and does not extend the life of the nonconforming use.

2.

If a nonconforming use of a building or structure is changed to a conforming use, any future use of said building or structure shall be in conformity with the regulations of the district in which such building or structure is located.

(Ord. 315 § 1 (part), 1981)

If a nonconforming use under this title is discontinued for a period of more than one year, all future use shall be in conformity with the provisions of the applicable provisions of this title.

(Ord. 315 § 1 (part), 1981)

Except as otherwise provided in this chapter, no building or structure designed, arranged, intended for or devoted to a nonconforming use under this chapter shall be enlarged, extended, moved, reconstructed or structurally altered unless such use is changed to a use permitted under this chapter in the district in which said building or structure is located. Repairs shall not continue or extend the life of a nonconforming use.

(Ord. 315 § 1 (part), 1981)

If a building or structure is conforming as to use but nonconforming as to yards or height, said building or structure may be permitted by the planning commission to be enlarged, extended, moved or structurally altered; provided, that any addition or enlargement complies with the yard and height requirements of the district in which such building or structure is located; provided further, that no living quarters may be extended into an accessory building located in the front, side or rear yards by such addition or enlargement.

(Ord. 315 § 1 (part), 1981)

1.

Notwithstanding any other provision of this code, if a residential use of four or fewer dwelling units is conforming as to use but nonconforming as to yards, height or parking, improvements which may result in prolonging the life of such nonconforming use may be authorized by the planning commission subject to a conditional use permit.

2.

In considering and issuing such conditional use permit, the commission must find, at a minimum, the following:

a.

Continuation or upgrading the residential unit or units will not have an adverse effect on the surrounding neighborhood;

b.

The habitable capacity of the unit or units will not be increased beyond that previously existing;

c.

The shortage of adequate housing within the city justifies the continuation of the nonconforming use and authorization to make improvements necessary to upgrade the living conditions in the unit or units.

(Ord. 409 § 3, 1987)

1.

A nonconforming, nonresidential building or structure which is damaged or partially destroyed by a natural disaster to the extent of not more than fifty percent of the value of the improvements at the time of such destruction, may be restored; provided, such restoration is undertaken within a period of one year and is diligently pursued to completion. In the event such damage or destruction exceeds fifty percent of the value of the nonconforming, nonresidential building or structure, no repairs or reconstruction shall be made unless every portion of the building is made to conform to all the regulations for new buildings in the zone in which it is located.

2.

A nonconforming duplex or multiple-family residential building which is damaged or destroyed to any extent by a natural disaster may be restored or rebuilt and the occupancy and use may be continued or resumed provided the following conditions are met:

a.

The amount of inside space (square footage) shall not be greater than the amount which existed in the damaged or destroyed buildings;

b.

The number of dwelling units shall be not greater than the number existing prior to the damage or destruction;

c.

Setbacks shall not be less than those which existed prior to the damage or destruction; however, meeting current requirements would be encouraged;

d.

Parking shall be no less than the parking in effect prior to the damage or destruction;

e.

Building and development plans shall be reviewed and approved in accordance with the provisions of this title.

3.

A nonconforming one-family residence which is damaged or destroyed to any extent by a natural disaster may be restored or rebuilt and the occupancy and use may be continued or resumed provided the following conditions are met:

a.

The amount of inside space (square footage) shall not be greater than the amount which existed in the damaged or destroyed buildings;

b.

Setbacks shall not be less than those which existed prior to the damage or destruction;

c.

Parking shall be not less than the parking in effect prior to the damage or destruction.

(Ord. 315 § 1 (part), 1981)

No outdoor advertising sign or structure which is not expressly permitted by this title and which did not lawfully exist at the time the city was incorporated shall be permitted to exist, including, but not limited to, those declared unlawful by the District Court of Appeals of the state, Second Appellate District, in County of Santa Barbara vs. Purcell, Inc., et al. (Civ. No. 29148). This section shall apply to all such signs or structures standing or in existence at the time the city became incorporated. All such outdoor advertising signs and structures and their supporting members shall be completely removed from the premises.

(Ord. 315 § 1 (part), 1981)

1.

Findings. In addition to the provisions for termination of certain nonconforming uses contained elsewhere in this chapter any nonconforming use or uses of either land or buildings or both may be ordered terminated by the planning commission after a public hearing as hereafter provided if any one or more of the three following conditions is found to apply in any such nonconforming use or uses:

a.

The condition of the improvements, if any, on the property is such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person; or

b.

The nature of the improvements is such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person; or

c.

The nonconforming use is so exercised as to be detrimental to the public health or safety, or so as to be a public or private nuisance.

(Ord. 315 § 1 (part), 1981)

All nonconforming uses to be terminated under the provisions of this chapter (other than those terminating automatically by expiration of a stated period of time, as set out in Section 14.82.010) may be ordered terminated by the planning commission upon following the procedure prescribed in this section. Any disobedience of an order of termination of the planning commission made pursuant hereto, as well as any continuance of any nonconforming use beyond the express period of time prescribed in this chapter shall be deemed a violation of the terms of this chapter. Upon recommendation of the planning commission or upon petition by a person or persons affected by a nonconforming use of buildings or land or both, or on its own initiative, the city council may set a date for, and call a public hearing to determine whether or not a nonconforming use of land or buildings or both, or an unpermitted expansion of or change in such use should not be ordered terminated. Fifteen days' notice of such hearings shall be given by publication once in a newspaper of general circulation in the city or in the area where the affected property is located, and by service upon the owner or owners of the land and upon the person operating or maintaining such nonconforming use, if not the owner. Service of such notice shall be either personal or by mail addressed to the last known address of the person to be served. The notice shall specify the date, time, and place of the hearing and shall specify the grounds on which the nonconforming use or changes or expansion thereof is sought to be terminated.

(Ord. 315 § 1 (part), 1981)

1.

All hearings shall be electronically recorded. The owner or owners, the party or parties maintaining the nonconforming use, the city council and all other interested persons may be represented by attorneys of their own choosing, may submit written and oral evidence, provided that oral evidence shall be taken only on oath or affirmation, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him to testify and to rebut the evidence against him. If the person or persons maintaining the nonconforming use do not testify in their own behalf, they may be called and examined as if under cross-examination.

2.

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 315 § 1 (part), 1981)

The planning commission shall render its decision in writing, containing findings of fact pursuant to Section 14.82.090 within thirty days after the date on which the public hearing was completed and closed. It shall serve copies by mail or personally on the parties concerned in the hearing. Failure to so render such decision within said thirty days or any extension thereof stipulated to by the parties shall be deemed to permit the continuance of the nonconforming use or the expansion thereof or change thereto, which was the subject of the hearing. The decision shall, if it orders the nonconforming use or change thereto or expansion thereof terminated, specify a reasonable time within which the person so maintaining such nonconforming use or change thereto or expansion thereof shall terminate it.

(Ord. 315 § 1 (part), 1981)