The regulations in this chapter shall apply to all existing nonconforming uses and structures and to any uses or structures made nonconforming upon adoption of subsequent ordinances.

(Ord. 68 § 9.165.010, 1995)

The following regulations shall apply to the legal, nonconforming use of any building or structure. Regulations applicable to nonconforming structures are provided in Section 16.82.030 of this chapter.

A.

Continuation. Any nonconforming use may be continued through the amortization period, provided that the use shall not be increased, enlarged, extended, or altered except as provided in this chapter.

B.

Termination Due to Cessation of Use. Any part of a building or land occupied by a nonconforming use in which that use is discontinued for one hundred eighty (180) days or more shall thereafter lose its nonconforming use status. All subsequent uses shall be used in conformity with the provisions of this Development Code.

C.

Amortization of Nonconforming Uses: General. Every legal nonconforming use shall be terminated according to the amortization time schedule established by resolution of the City Council or the provisions of this chapter.

D.

Amortization of Nonconforming Use Where No Building Exists. Except as otherwise provided in this chapter, the legal nonconforming use of land where no structure exists may continue for a period of not more than ten (10) years from the date the use became nonconforming, provided the nonconforming use will not in any way be expanded or extended, either on the same or adjoining property.

E.

Alteration of Nonconforming Uses.

1.

A legal nonconforming use may not be enlarged, expanded, or otherwise increased in scope unless a Conditional Use Permit has been issued pursuant to Chapter 16.68 of this Development Code.

2.

Any alteration required by governmental or court action shall be exempt from these conditions.

3.

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

(Ord. 68 § 9.165.020, 1995)

A.

Continuation. Any nonconforming structure may be continued and maintained through the amortization period, provided there are no structural alterations except as provided in this chapter.

B.

Alterations. The following alterations are permitted to a nonconforming structure:

1.

Alterations to a nonconforming structure are permissible, provided such alterations do not intensify any existing nonconformities nor create additional nonconformities. Alterations shall comply with all requirements in effect at the time the application is submitted for the alteration.

2.

Additions to a nonconforming structure may be made, provided the proposed addition meets all requirements in effect at the time the application for the addition is made.

3.

A nonconforming residential structure which complied with the applicable development standards at the time of its construction, and which is utilized for residential purposes in a zoning district that allows such residential uses, is permitted to develop consistent with the applicable approved final map or composite development plan.

C.

Amortization.

1.

Every legal nonconforming structure shall be completely removed or altered to conform to the requirements of the zoning district in which it is located subject to an amortization time schedule established by resolution of the City Council or the provisions of this chapter. Such time schedule for removal or alteration may not be fixed for a date before the expiration of the normal life of any building, as determined by the Director of Community Development. Such determination of the normal life of a nonconforming building, and the fixing of time for its removal or alteration, may only be made after notice to the owner.

2.

An order for removal or alteration shall require such action on a date no less than five (5) years from the time such an order is made. It shall be the duty of the Department of Community Development to give the owner of the affected structure written notice of the required removal or alteration immediately upon the order becoming final. A second notice shall be issued not less than sixty (60) or more than one hundred eighty (180) days prior to the date such removal or alteration is required to be completed. If the Department of Community Development fails to give this second notice within the above time period, the owner shall be given sixty (60) days from the notice's actual postmark date.

D.

Reconstruction of Damaged Structure.

1.

Any nonconforming structure damaged by any natural or manmade catastrophe subsequent to the effective date of this Development Code may be reconstructed, provided that the cost of such reconstruction does not exceed seventy-five (75) percent of the appraised value of such structure at the time such damage occurred.

2.

If, in the process of reconstructing a nonconforming structure pursuant to this subsection, certain nonconformities can be brought into conformance, they shall be brought into conformance.

(Ord. 68 § 9.165.030, 1995)

(Ord. No. 265, §§ 3(g)—(i), 8-27-2013)

Editor's note— Ord. No. 265, § 3(j), adopted August 27, 2013, repealed § 16.82.040, which pertained to exceptions for residential structures and derived from Ord. 68 § 9.165.040, 1995.

A.

Upon determination that the provisions in this chapter apply to a given parcel of land, the Director of Community Development or his or her designee shall send a notice regarding this parcel by certified United States mail, return receipt requested, to the owner of such parcel as shown on the last equalized assessment roll. The Director shall also post this property with a similar notice and shall publish such notice at least once in a newspaper of general circulation. Should the certified mailed notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first-class mail with postage fully paid.

B.

The notice provided for in this section shall state that the property in question is a nonconformity and shall state the date of abatement established in the resolution of the City Council. The abatement date shall be deemed to apply unless the property owner requests a hearing before the hearing body. The property owner shall have sixty (60) days from the date of the notice to request a hearing.

(Ord. 68 § 9.165.050, 1995)

A.

The City Council by resolution shall designate the hearing body for purposes of this chapter.

B.

If a hearing is requested by the property owner in accordance with Section 16.82.050 above, the hearing body shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted. Notice of the hearing shall be given to all property owners within a three hundred (300) foot radius of subject property.

C.

The hearing body shall receive written and oral testimony at such hearing regarding the abatement or elimination of the nonconformity.

D.

At the close of the public hearing, the hearing body shall find and determine whether the nonconformity should be abated and all facts in support of such abatement, whether the owner of the property can amortize his or her investment in the term for abatement provided in the resolution of the City Council, and if not, what term for abatement should be provided.

E.

The hearing body shall also find and determine whether the nonconforming use or structure can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted in the zoning district in which it is located.

F.

The hearing body, or the City Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to the depreciation schedule attached to the owner's latest federal income tax return.

(Ord. 68 § 9.165.052, 1995)

The decision of the hearing body and the findings in support of such decision shall be in the form of a written order and shall be served to the property owner personally or by certified United States mail, return receipt requested, within ten (10) days after the decision is rendered. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property require a deviation from the development standards of the City of Chino Hills.

(Ord. 68 § 9.165.054, 1995)

A.

The decision of the hearing body terminating the nonconformity or an extension may be appealed to the City Council in accordance with Section 1.20.010 et seq., of the Municipal Code.

B.

After the expiration of appeal period, the decision of the hearing body shall be final and conclusive unless an appeal was timely filed in accordance with the provisions of this section.

C.

The City Council on appeal shall conduct the hearing in accordance with Section 16.82.060 of this chapter and may uphold, reverse, or amend any decision of the hearing body. The decision of the City Council shall be final and conclusive. Notice of the City Council's decision shall be mailed by the City Clerk to the property owner or other appellant within ten (10) days of the City Council's decision.

(Ord. 65 § 9.165.056, 1995)

After the conclusion of all appeals, the City Clerk shall cause notice of the decision and order of the hearing body, or the City Council in the case of an appeal, to be recorded with the County Recorder of the County of San Bernardino. The notice shall consist of a notice of zoning violation.

(Ord. 68 § 9.165.057, 1995)

A.

Whenever the use, maintenance, or continuation of nonconforming conditions or use is granted through the means of Conditional Use Permits, Variances, design reviews, extensions, expansions, or other approved changes, those conditions or use may be revoked by the City Council whenever the City Council finds that the terms or conditions of any CUP, Variance, design review, extension, expansion, or other approval are being violated, the condition or use of the property constitutes a public nuisance, or the health, safety, or welfare of the surrounding property owners or residents is being threatened by the continuation of such nonconforming use or condition.

B.

The revocation process may be initiated by the order of the City Council, or any person demonstrating that his or her health, safety, or welfare is being adversely affected by the continuation of circumstances existing on nonconforming property.

C.

The property owner shall be notified of the commencement of the revocation process pursuant to Sections 16.82.050 and 16.82.070.

(Ord. 68 § 9.165.058, 1995)

Any nonconforming use or structure continuing beyond the date for abatement set by the hearing body, or City Council on appeal, shall be deemed a public nuisance, subject to abatement of such use or structure and prosecution either through civil or criminal action.

(Ord. 68 § 9.165.059, 1995)

Nonconforming signs shall comply with the applicable provisions contained in Chapter 16.38 of this Development Code.

(Ord. 68 § 9.165.060, 1995)

Nonconforming adult businesses shall comply with the applicable provisions contained in Chapter 16.46 of this Development Code.

(Ord. 68 § 9.165.070, 1995)