The purpose of this Chapter is to specify the authority, procedures and limitations for the use, expansion, modification, and restoration of nonconforming structures and uses.

Except as otherwise provided herein, the lawfully permitted use of a structure or of land and the lawfully permitted existence of structures existing on the effective date of this Title or any amendment thereto may be continued even though such use or structure does not conform to this Title. Said uses shall be deemed nonconforming uses and said structures shall be deemed to be nonconforming structures.

Where no structure is involved, the nonconforming use of land may be continued, provided that:

A.

Relocation or Enlargement.

1.

Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use, except when authorized by approval of a Major Conditional Use Permit if the approving authority finds that the new location would result in the nonconforming use having less adverse effect on surrounding uses.

2.

Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of land.

B.

Discontinuation or Replacement. If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of one (1) year or more, or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this Title.

C.

Other Nonconforming Use. No nonconforming use of land shall be changed to another nonconforming use.

Nonconforming use of a structure may be continued, provided that:

A.

Relocation. Such nonconforming use shall not be enlarged or intensified, nor shall it be extended to occupy a greater area of any structure than occupied by such use.

B.

Discontinuation or Replacement.

1.

If such nonconforming use of a structure ceases for any reason for a continuous period of one (1) year or more, except as provided in Subsection(E) (Restoration of Nonconforming Uses in Damaged Structures) of this Section, or is changed to a conforming use, any future use of such structure shall be in conformity with all provisions of this Title.

2.

If the structure in or on which a nonconforming use is conducted or maintained is moved any distance for any reason, except as provided in Subsection (A) (Relocation) of this Section, then any future use of such structure shall be in conformity with all provisions of this Title.

C.

Alteration. A structure containing a nonconforming use shall not be structurally altered or reconstructed, except for such alteration, maintenance, and repair work as is required to keep said structure in safe condition, subject to a determination of the Building Official.

D.

Change Only to a Conforming Use. A nonconforming use of a structure may be changed only to a conforming use. Any part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use.

E.

Restoration of Nonconforming Uses in Damaged Structures. The nonconforming use of any structure which is destroyed or damaged by fire, explosion or other natural calamity, or the public enemy may be continued upon the reconstruction of said structure, provided that said nonconforming use shall not be enlarged or expanded and the resumption of said nonconforming use takes place within eighteen (18) months of the time of its interruption, which period may be extended by the Community Development Director for a maximum of twelve (12) months for good cause.

No nonconforming structure shall be structurally altered or enlarged, except as follows:

A.

Compliance With Requirements. Where required by ordinance or statute, or to make the structure conform.

B.

Alteration. Any structure that is nonconforming solely by reason of setback or height requirements may be structurally altered or enlarged provided that all alterations or additions shall comply with the setback and height requirements of the zone, and further provided that the entire building or structure so altered or enlarged complies with all other requirements of this Title.

C.

Exception For Residential Structures. A nonconforming residential structure may be enlarged or extended by no more than fifty percent (50%) of the value of the existing structure.

A.

Reconstruction Must Conform. If any nonconforming structure is damaged by fire, explosion or other natural calamity, or the public enemy to an extent of seventy-five percent (75%) or greater of the replacement cost of the entire structure as determined by an estimate prepared by a qualified professional acceptable to the Tax Assessor after any necessary consultation with the Building Official, it shall not thereafter be repaired, reconstructed, or used except in conformity with the provisions of this Title.

B.

Reconstruction Requires Approval. The reconstruction of all nonconforming structures shall be subject to Ministerial Site Plan approval per Chapter 9.55 and all findings and requirements thereof.

C.

Exception For Multi-Family Dwellings. In accordance with Government Code section 65863.4, the restoration and reconstruction restrictions contained in this Subsection shall not apply to any multi-family residential dwelling which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this Subsection shall not apply to any multi-family residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one (1) year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property.

D.

Exception For Single-Family Residential Dwellings. The restoration and reconstruction restriction in this Subsection shall not apply to any single-family dwelling or mobile/manufactured home which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. The application of the exceptions of this Subsection shall not apply to any single-family dwelling or mobile/manufactured home which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one (1) year prior to being involuntarily damaged or destroyed.