The purpose of this chapter is to establish the permitted use, expansion and maintenance of nonconforming uses and buildings located within the city.

(Ord. 151 § l(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

The lawful use of land existing at the time of the adoption of the ordinance codified in this title, although such use does not conform to the regulations, specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and when any such use ceases the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

A.

The lawful use of a building existing at the time of the adoption of the ordinance codified in this title may be continued, although such use does not conform to the regulations specified for the district in which the building is located.

B.

The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained.

C.

The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.

D.

If the nonconforming use of a building and/or operations within a building ceases for a continuous period of six months, it shall be considered terminated and the building shall thereafter be used only in accordance with the regulations for the district in which it is located.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

A.

Such discontinuance of the active and continuous operation of such nonconforming use, or part or portion thereof, for such periods, is construed and considered to be an abandonment of such nonconforming uses, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations.

B.

If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of six months and all rights to reestablish or continue such nonconforming use shall thereupon terminate.

(Ord. 151 § 1(part), 1994)

Any of the following violations of the municipal code shall immediately terminate the right to operate a nonconforming use except as otherwise provided:

A.

Changing a nonconforming use to a use not permitted in the zone;

B.

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use;

C.

Addition to a nonconforming use of another use not permitted in the zone.

(Ord. 151 § 1(part), 1994)

The following nonconforming uses and structures shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with January 27, 1994, except when extended or revoked as otherwise provided:

A.

Where the property is unimproved, one year;

B.

Where the property is unimproved except for structures of a type for which the city building code does not require a building permit, three years;

C.

Where the property is unimproved except for structures which contain less than one hundred square feet of gross floor area, three years;

D.

Signs, three years;

E.

A nonconforming use conducted in a structure designed to serve a use permitted in the zone, five years;

F.

In other cases twenty years from January 27, 1994, or amendment thereto establishing nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the building code, will be as follows:

1.

Type IV and Type V buildings (light incombustible frame and wood frame) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses and other buildings used for residential occupancy, twenty-five years,

b.

Stores and factories, twenty-five years,

c.

Any other building not herein enumerated, twenty-five years;

2.

Type III buildings (heavy timber construction and ordinary masonry) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses, offices and hotels, thirty years,

b.

Structures with stores below and residences, offices or a hotel above, thirty years,

c.

Warehouses, stores and garages, thirty years,

d.

Factories and industrial buildings, thirty years;

3.

Type I and Type II buildings (fire-resistive) used as:

a.

One-family dwellings, two-family dwellings, three-family dwellings, apartment houses, offices and hotels, thirty years,

b.

Theaters, warehouses, stores and garages, thirty years,

c.

Factories and industrial buildings, thirty years.

(Ord. 151 § 1(part), 1994)

Whenever a nonconforming use or structure becomes obsolete, dilapidated, substandard, unsafe, or exists in a state of general disrepair, the planning commission may hold a public hearing to evaluate and make declaration of nuisance.

(Ord. 151 § 1(part), 1994)

A.

No use permit is required for the following:

1.

Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations and/or additions are made; provided further, that such maintenance and repairs do not exceed twenty-five percent of the assessed value of the building in any one-year period;

2.

Any repairs necessary to bring a nonconforming building into compliance with city codes regardless of whether such repairs exceed twenty-five percent of the assessed value of the building in any one-year period; provided, that the total floor area in the building shall not be increased.

B.

A conditional use permit is required for the following:

1.

Ordinary maintenance and repairs to any nonconforming building which exceed twenty-five percent of the assessed value of the building in any one-year period;

2.

Any structural alterations and/or additions; provided, that the total floor area of the building shall not be increased by more than twenty percent or one hundred twenty square feet, whichever is greater;

3.

Exception is in the case of damaged buildings/structures due to fire, earthquake, or natural disasters, refer to subsection D of this section.

C.

As a condition to any conditional use permit granted pursuant to subsection B of this section, the portions altered or repaired shall be brought into conformity with applicable city codes including the zoning code.

D.

Repair of Damaged or Partially Damaged Structures Due to Fire, Explosion, Earthquake, or Other Natural Disasters. Any nonconforming structure or conforming structure containing a nonconforming use which is damaged or destroyed by fire, explosion, act of God, collapse or any other casualty or calamity may be reconstructed to the condition in which it existed immediately prior to the occurrence of such damage or destruction; provided, that:

1.

The total cost of the reconstruction of the structure shall not exceed seventy-five percent of the value of the structure prior to the damage or destruction. The value of the structure may be computed by any of the following methods:

a.

The current assessed valuation of the structure as shown on the latest county of San Bernardino equalized assessment role;

b.

An appraisal of the damage or destroyed structure made by a state of California licensed appraiser to determine predamage or destruction value of the structure;

c.

The value to construct the original structure as shown on the building department's official records, based upon the current building construction costs upon which building permit valuations are computed.

2.

In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of the land or any factors other than those concerning the nonconforming structure itself.

a.

All such construction or repairs shall be started within one year from the date of damage or destruction and shall be pursued diligently to completion. Otherwise, the right to rebuild pursuant to this section is terminated, which means within one more year.

b.

In the case of the buildings/structures being reconstructed in a different condition than what originally existed prior to the damages (fire, earthquake or natural disaster), then the project shall be evaluated in accordance to site and architectural review criteria, Chapter 18.63.

(Ord. 157 (part), 1995: Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)

Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building.

(Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990)