The intent of this chapter is to permit nonconforming uses and structures to continue until they are removed, restricted or abandoned, but not to encourage their survival. Nonconforming uses and structures are hereby declared to be incompatible with permitted uses in the same district. Nonconforming uses and structures shall not be enlarged upon, expanded or extended, except as expressly provided herein, nor shall the existence of a nonconforming use or structure be grounds for adding other uses or structures prohibited in the same district.

(`83 Code, § 17.48.010) (Ord. 94-03 § 6, 1994)

   A nonconforming use may be continued so long as it is in compliance with all laws other than the use regulations in this Title 17, subject to the following provisions:

   (A)   It may not be enlarged, extended, moved or altered, except to change the use of a structure or land to a use permitted in the district in which it is located.

   (B)   It may be extended throughout any part of the structure which was originally approved for such use, but it may not be extended to occupy land outside such structure.

   (C)   In the case of a nonconforming use of land not involving a structure, the use may not be moved in whole or in part to any portion of the lot or parcel on which it is located other than that occupied by the use at the time it became nonconforming.

   (D)   If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use, provided that the Development Review Committee finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Development Review Committee may impose conditions to ensure that the degree of nonconformity is not thereafter increased, along with such other conditions as are necessary to mitigate any adverse impacts of the changed use upon neighboring properties.

   (E)   If a nonconforming use of a structure or land is superseded by a permitted use, such use shall thereafter conform to the regulations for the district, and the nonconforming use may not be resumed.

   (F)   When a nonconforming use of a structure or land is discontinued or abandoned for a continuous period of 180 days or more, any subsequent use shall conform to the regulations of the district in which the property is located.

   (G)   Nonconforming uses in the HCD zone may be expanded as set forth in § 17.08.020(D).

(`83 Code, § 17.48.020) (Ord. 94-03 § 6, 1994)

   A nonconforming structure may be continued in use so long as it is in compliance with all laws other than the structural regulations of this Title 17, subject to the following provisions:

   (A)   It may not be enlarged, expanded or altered in any way which increases its nonconformity, but may be altered to decrease its nonconformity.

   (B)   Should a nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50% of its reasonable replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of his title; provided, however, that a nonconforming structure used for residential purposes may be reconstructed in any residential zone or planned development zone designated for residential development if it meets all building and safety regulations; and provided further, that to the extent reasonable and feasible the construction shall conform to the regulations of this title as determined by the Development Review Committee.

   (C)   When an additional dwelling unit is added to a property in a zone permitting multi-family development, all structures on the property shall meet all building and safety regulations; and further, to the extent reasonable and feasible, all existing structures shall be brought into conformity to the regulations of this title as determined by the Committee or Commission.

   (D)   If a structure is moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located.

   (E)   If use of a nonconforming use is maintained in a nonconforming structure, the provisions of this section and § 17.48.020 shall apply, provided that where a conflict between said sections exists, the more restrictive provision shall govern.

   (F)   When a nonconforming structure is abandoned or vacated for a continuous period of 180 days or more, any subsequent use of the property shall conform to the regulations of the district in which the property is located.

(`83 Code, § 17.48.030) (Ord. 94-03 § 6, 1994; Ord. 2004-11 § 13, 2004)

   On any nonconforming structure, or on any conforming structure containing a nonconforming use, routine maintenance work may be performed, or repair or replacement of non-bearing walls, fixtures, wiring or plumbing may take place, provided that the value of repair or replacement work during any 12-month period shall not exceed 10% of the replacement cost of the whole structure, and provided further that the square footage of the structure, whether conforming or nonconforming, shall not be increased.

(`83 Code, § 17.48.040) (Ord. 94-03 § 6, 1994)

   Where a lawful use of a structure and land in combination is rendered nonconforming solely by reason of a change in the density allowed on the property, nothing in this chapter shall prohibit the enlargement, extension, reconstruction or structural alteration of one or more structures on the property, provided:

   (A)   Such work shall only be allowed on that number of structures then permitted in the district in which the property is located.

   (B)   Approval of such work shall be obtained from the Development Review Committee, which shall review the site plan and other pertinent information to ensure that all other applicable provisions of this code are satisfied and that no new nonconformity will be created.

   (C)   A covenant describing the structure or structures for which work has been approved shall be recorded in the office of the County Recorder.

   (D)   Once work is done on that number of structures then permitted on the premises, no work shall be approved by the Development Review Committee for any other structure on the premises.

(`83 Code, § 17.48.050) (Ord. 94-03 § 6, 1994)

   (A)   The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by resolution of the City Council pursuant to the procedures provided in Chapter 8.12 of this code or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the resolution of the City Council or order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.12, a nonconforming use is a public nuisance if:

      (1)   The use interferes with the comfortable enjoyment of life or property in the neighborhood; or

      (2)   The use is a business establishment which permits persons to congregate for unreasonably long time periods in parking areas and/or pedestrian walkways resulting in unreasonable noise levels in residential areas during the hours of 9:00 p.m. to 7:00 a.m., or resulting in said persons obstructing or interfering with the free passageway in said parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Chapter 9.12 of this code (relating to public consumption of alcoholic beverages) occur; or

      (3)   The use is injurious to the health of persons in the neighborhood.

   (B)   Where a use has been declared a public nuisance and is nonconforming solely because of the lack of a conditional use permit, the City Council may allow the property owner to apply for a conditional use permit from the Planning Commission pursuant to Chapter 17.52 of this code. If the conditional use of the nuisance requires demolition of the structure, the resolution, judgment or order shall find that in fairness and in justice there is no other way reasonably to correct the nuisance other than by demolition of the structure.

   (C)   The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located in is determined to be a public nuisance by resolution of the City Council adopted pursuant to Chapter 8.12 of this code, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the resolution of the City Council or order of the court. If the abatement of the nuisance requires demolition of the structure the resolution, judgement or order shall find that in fairness and in justice there is no other way reasonably to correct the nuisance other than by demolition of the structure.

   (D)   Where it cannot be found that demolition of a structure is appropriate, the Council shall permit the structure to remain in existence, but may impose one or more conditions to bring the structure into conformity with the requirements of this title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance.

   (E)   The City Council's determination pursuant to this section may be made as part of the hearing held pursuant to Chapter 8.12, or it may be made separately following a hearing pursuant to Chapter 8.12, provided that in either case the determination shall be preceded by a public hearing, notice of which shall be given pursuant to the provisions of § 17.52.320.

(`83 Code, § 17.48.060) (Ord. 94-03 § 6, 1994)

   (A)   Any wireless telecommunication facility or wireless telecommunications collocation facility that was lawfully constructed prior to June 18, 2011, which does not comply with the standards, regulations and/or requirements of Chapter 17.46, shall be deemed a nonconforming structure.

   (B)   A nonconforming wireless telecommunications facility or nonconforming wireless telecommunications collocation facility may be continued in use so long as it is in compliance with all laws other than the regulations of this Title 17, subject to the following provisions:

      (1)   Nonconforming wireless telecommunications facilities and wireless telecommunications collocation facilities shall, within ten years from the date such facility becomes nonconforming, bring the facility into conformity with all requirements of this Title 17; provided, however, that should the owner desire to expand or modify the facility, or make some other change in excess of that permitted pursuant to § 17.48.040, the owner shall comply with all applicable provisions of this code at such time.

      (2)   When a nonconforming wireless telecommunications facility or wireless telecommunications collocation facility is abandoned or vacated for a continuous period of 90 days or more, such facility shall conform to the regulations of the district in which the property is located or shall be removed in accordance with Chapter 17.46 of this code if it cannot be made to conform.

      (3)   An aggrieved person may file an appeal to the City Council of any decision of the Director made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the City Council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

(Ord. 2011-04 § 10, 2011)