This chapter is intended to limit the number and extent of Nonconforming Uses by regulating their enlargement, their reestablishment after abandonment, and the Alteration or restoration after destruction of the Structures they occupy. In addition, this chapter is intended to limit the number and extent of Nonconforming Structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Code.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

If two or more Lots or combinations of Lots and portions of Lots with continuous Frontage in single ownership are of record at the time of amendment of this title, and if all or Part of the Lots do not meet the requirements established for Lot Width and area, the lands involved Shall be considered to be an undivided Parcel for the purposes of this section, and no portion of said Parcel Shall be Used or sold in a manner which diminishes compliance with Lot Width and area requirements established by this title, nor Shall any division of any Parcel be made which creates a Lot with width or area below the retirements stated herein.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Where lawful Use of land exists which would not be Permitted by the regulations imposed by this title, and where such Use involves no individual Structure with a replacement cost exceeding ten thousand dollars, the Use May be continued so long as it remains otherwise lawful, provided:

A.

No such Nonconforming Use Shall be enlarged or increased nor extended to occupy a greater area of land that was occupied at the effective date of the Ordinance codified in this title.

B.

No such Nonconforming Use Shall be moved in whole or in Part to any portion of the Lot or Parcel other than that occupied by such Use at the effective date of adoption of the Ordinance codified in this title or amendment by this title.

C.

If any such Nonconforming Use of land ceases for any reason for a period of more than sixty Days, any subsequent Use of such land Shall conform to the regulations specified for the zone in which such land is located.

D.

No additional Structure not conforming to the requirements of this title Shall be erected with such Nonconforming Use of land.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Where a lawful structure exists that could not be built under the terms of this title by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other retirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at time of destruction, it shall not reconstructed except in conformity with the provisions of this title.

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulation for the zone in which it is located after it is moved.

D.

Residential units in residential neighborhoods and mixed-use districts (including units nonconforming due to lot size), in the event of damage or total destruction, may be rebuilt at the density and with the same setbacks that existed prior to such an event.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

(Ord. No. O-05-13, § 2(Exh. A(24)), 10-10-2013)

If lawful Use involving individual Structures with a replacement cost of ten thousand dollars or more, or of Structure and Premises in combination exists that would not be allowed in the zone under the terms of this title, the lawful Use May be continued so long as it remains otherwise lawful, subject to the Following provisions:

A.

No existing Structure devoted to a Use not Permitted in the zone in which it is located Shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the Use of the Structure to a Use Permitted in the zone in which it is located.

B.

Any conforming Use May be extended throughout any Parts of a Building which were manifestly arranged or designed for such Use at the time of adoption of the Ordinance codified in this title, but no such Use Shall be extended to occupy any land outside such Building.

C.

If no Structural Alterations are made, any Nonconforming Use of a Structure, or Structure and Premises, May be changed to another Nonconforming Use; provided, that the Commission finds that the proposed Use is equally appropriate or more appropriate to the zone than the existing Nonconforming Use. In Permitting such change, the Commission May require appropriate conditions and safeguards in accord with the provisions of this title.

D.

Any Structure, or Structure and land in combination, in or on which a Nonconforming Use is superseded by a Permitted Use, Shall conform to the regulations for the zone, and the Nonconforming Use May not thereafter be resumed.

E.

When a Nonconforming Use of a Structure, or Structure and Premises in combination is Discontinued or Abandoned for three consecutive Months, the Structure, or Structure and Premises in combination, Shall not thereafter be Used except in conformity with the regulations of the zone in which it is located.

F.

Where Nonconforming Use status applies to a Structure and Premises in combination, removal or destruction of the Structure Shall eliminate the Nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than fifty percent of the replacement cost at time of destruction.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

A.

On any Nonconforming Structure or portion of a Structure containing a Nonconforming Use, work May be done in any period of twelve consecutive Months on ordinary repairs, or on repair or replacement of nonbearing Walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the Nonconforming Structure, or Nonconforming portion of the Structure as the case May be; provided, that the cubic content existing when it became Nonconforming Shall not be increased.

B.

If a Nonconforming Structure or portion of Structure containing a Nonconforming Use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it Shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zone in which it is located. Nothing in this section Shall be deemed to prevent the strengthening or restoring to a safe condition of any Building or Part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. 0-14-92 § 1 (Exh. A) (part), 1992)

Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such parking or loading facilities have been provided for buildings or uses prior to the effective date of any ordinance which made them nonconforming or which required such facilities where none were provided, such buildings or uses shall not be enlarged, expanded, constructed or reconstructed nor may additional facilities be provided until after the requirements for off-street parking and loading space have been complied with.

(Ord. No. O-05-13, § 2(Exh. A(24)), 10-10-2013)

A.

Definitions. For purposes of this Section 18.46.070, the Following words and phrases are defined as follows:

"Discontinued or Abandoned" means that the Use for residential purposes of a Nonconforming Residential Structure has been Discontinued or Abandoned for a period of time that exceeds three Months but is less than twenty-four Months.

"Nonconforming Extension" means an Approval granted by the Design Review Committee or the Community Development Director, as appropriate, to continue the Use for residential purposes of a Nonconforming Residential Structure that has been Discontinued or Abandoned.

"Nonconforming Residential Structure" means a Structure Used for residential purposes or a Structure and Premises Used in combination for residential purposes located in a zone where such Use for residential purposes would not otherwise be Permitted by the regulations imposed by this title.

B.

General Rule for Residential Nonconforming Extensions. Notwithstanding any provision to the contrary in this chapter, a Nonconforming Residential Structure, which was otherwise lawful prior to the zoning amendment categorizing it Nonconforming and which has been Discontinued or Abandoned, May be continued to be Used for residential purposes for a period of time as specified in subsection (B) below, subject to the Approval of a Nonconforming Extension.

C.

Approval Authority. Approval or denial of a Nonconforming Extension Shall be subject to the provisions of subsection (D) below. The Design Review Committee May grant an initial Nonconforming Extension for up to three Years. In addition, the Community Development Director may, upon the Director's own initiative and with the Written concurrence of the Property Owner, administratively grant additional extensions of up to three Years each, subject to the minimum conditions set forth in subsections (E)(1) and (E)(2) below and provided that the continued Use of the Nonconforming Residential Structure satisfies the requirements of subsections (D)(1) through (D)(3) below.

D.

Required Findings. The Design Review Committee or the Community Development Director, as appropriate under subsection (C) above, Shall make the Following findings before granting an initial Nonconforming Extension:

1.

The Nonconforming Residential Structure is not being enlarged, increased or extended in such a way as to occupy any Part of the Nonconforming Residential Structure that was not occupied on the effective date that it became Nonconforming.

2.

The Nonconforming Residential Structure complies with the minimum Dwelling Unit size prescribed in the Colton Municipal Code for the type of residential Structure being extended and continued.

3.

Extension of the Nonconforming Residential Structure will not be detrimental to the public health, safety and welfare, or Materially injurious to Properties or Improvements in the vicinity.

E.

Nonconforming Extension Conditions. All Nonconforming Extensions Shall be subject to the Following conditions, as well as any other conditions determined by the Design Review Committee or the Community Development Director, as appropriate under subsection (C) above, to be reasonably necessary for the public health, safety and welfare:

1.

The Property Owner Shall enter into an agreement, acceptable to the Community Development Director and City Attorney, agreeing to the conditions of Approval for the extension of time, agreeing to terminate the Use upon the termination of the authorized time period and Securing such termination and necessary construction or Demolition work with appropriate forms of security. The agreement Shall be recorded as a covenant against the Property to advise subsequent Buyers of these requirements.

2.

The Applicant Shall not enlarge, increase or extend any Nonconforming Residential Structure in such a way that it occupies any Part of the Nonconforming Residential Structure that was not occupied on the effective date that it became Nonconforming.

(Ord. 0-10-01 § 1, 2001)