(A)

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this Division but which does not conform with the use regulations for the zone in which it is located.

(B)

A nonconforming structure is a structure which was lawfully erected prior to the effective date of the application of these regulations but which, under this Division, does not conform with the standards of yard spaces, height of structures, distance between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located.

(C)

Chapter 20.124 ("IS" Combining District) may be utilized to identify uses and establish regulations thereto.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

(A)

A use lawfully occupying a structure or a site prior to the effective date of the application of these regulations which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this Chapter.

(B)

A structure lawfully occupying a site prior to the effective date of the application of these regulations which does not conform with the standards of front yards, side yards, rear yards, height of structures, distances between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained as provided in this Chapter.

(C)

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

Whenever a structure containing an existing legal nonconforming use or legal nonconforming structure is destroyed or partially destroyed either voluntarily or involuntarily, the structure may be:

(A)

Rebuilt to its previous dimensions and arrangement and utilized to the same extent prior to its destruction provided the following timelines are satisfied:

(1)

A demolition permit is obtained and receives a final inspection within one (1) year of issuance,

(2)

A building permit for the restoration is submitted within one (1) year of the date of final inspection of the demolition permit, and

(3)

Restoration is started within two (2) years from date of submittal of the building permit for the restoration and diligently pursued to completion.

A one-time one (1) year extension to each of these timelines may be granted by the Director; or

(B)

Rebuilt, if the nonconforming structure is destroyed by involuntary means or forces out of control of the owner(s), provided it shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent; shall be sited in the same location on the affected property as the destroyed structure except that no part of the ten (10) percent addition shall encroach further into the setback than the original structure; and further provided the following timelines are satisfied:

(1)

A demolition permit is obtained and receives a final inspection within one (1) year of issuance,

(2)

A building permit for the restoration is submitted within one (1) year of the date of final inspection of the demolition permit, and

(3)

Restoration is started within two (2) years from date of submittal of the building permit for the restoration and diligently pursued to completion.

A one-time one (1) year extension to each of these timelines may be granted by the Director.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

(A)

A nonconforming use may increase its volume of operation provided the structure is not altered or enlarged to accommodate its increase without obtaining a use permit.

(B)

No nonconforming structure shall be moved, altered, enlarged, or reconstructed in a manner that does not conform to the minimum standards of yard areas, height of structures, distances between structures, parking, and other applicable requirements prescribed in the regulations for the district in which the structure is located; provided, however, a nonconforming structure may be altered and/or enlarged provided it does not increase the existing level of nonconformity. Such constructions shall be reviewed and approved by the Zoning Administrator.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

(A)

A nonconforming use or structure may be expanded provided an Use Permit is obtained. Prior to the issuance of any Use Permit to expand a nonconforming use or structure, the Zoning Administrator shall make a finding that the expansion conforms to the Findings established in Section 20.196.020 for the granting of a Use Permit and that the following conditions are applicable:

(1)

That it is not reasonably economically or physically feasible to make the use of the property compatible with the applicable general plan land use designation;

(2)

That the use is and will be compatible with adjacent land uses and that any increased adverse impacts on access or public facilities and services will be mitigated;

(3)

That the site is physically separate from surrounding properties such that continued nonconforming use is appropriate in that location.

(B)

A legal nonconforming mobile home may be replaced by a new mobile home without a Use Permit if no Use Permit was required for the original installation.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

Any use in existence, by virtue of a use permit issued pursuant to zoning regulations previously in effect, at the time of application of the regulations for any district in this Division, which use under such new regulations is not permissible by use permit may continue in existence but only as regulated by the provisions and terms of the existing use permit.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

(A)

Whenever a nonconforming use has been abandoned, discontinued for any reason, or changed to a conforming use, for a continuous period of one (1) year, the nonconforming use shall not be reestablished, and the use of the structures or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(B)

A nonconforming use of a structure or site may be changed to another nonconforming use at the same or more restricted level of intensity as determined by the Planning and Building Services Director, provided an Administrative Permit is obtained pursuant to Chapter 20.192 and the following findings are made:

(1)

That it is not reasonably, economically or physically feasible to make the use of the property compatible with the applicable general plan land use designation;

(2)

That the use is and will be compatible with adjacent land uses and that any increased adverse impacts on access or public facilities and services will be mitigated;

(3)

That the site is physically separate from surrounding properties such that continued nonconforming use is appropriate in that location.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

When any ownership is comprised of a single lot which has been legally created and is subsequently zoned to a minimum parcel size larger than the existing parcel, said lot shall not be subject to requirements for variance to minimum lot size.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)

(A)

None of the provisions of this Chapter restrict any authority to require modification or termination of any nonconformity which has been declared a nuisance by the Board of Supervisors.

(Ord. No. 4538, § 53(Exh. A), 9-10-2024)