This chapter establishes uniform provisions for the noticing of zoning changes, for the regulation of nonconforming uses, structures, and lots and for the general administration of this title. Within zone districts established by this title, there exist structures, land uses, and lots that were lawful prior to the adoption of the title, but which would be prohibited, regulated, or restricted differently under the use regulation and development standards of this title or future amendments. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming structures or uses may be desirable, particularly if it can be assured that the structure or use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their originally designed purposes.

(Ord. No. 2013-07)

Whenever a zone change or zoning variance is granted on a property, the city clerk acting for the city council shall, within thirty (30) days, notify the county assessor of such action. Whenever the request for a zone change or a zoning variance is made by other than the owner of record, the city clerk shall simultaneously notify the owner of such property that a notice has been sent to the county assessor regarding the zone change or zoning variance.

(Ord. 2007-05 § 3 (part))

The lawful use of lands or buildings existing at the time they become subject to any regulations of this title to which they do not conform, may be continued, except that the following provisions shall apply unless a use permit allowing such modification and/or expansion is granted:

A.

No such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property. This includes converting enclosed garage space.

B.

Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.

C.

If any such use or building is involuntarily damaged or destroyed, the structure may be reconstructed and the use continued without the need for additional planning or zoning permits, based upon the following criteria:

1.

The use or structure shall continue to be identified as an existing nonconforming use or structure;

2.

The footprint of the structure shall be unchanged from the damaged or destroyed structure; and

3.

All new buildings shall be constructed utilizing the standards and requirements of the currently adopted version of the building code.

D.

Any interruption of a nonconforming use, or the use of a nonconforming building, which continues for twelve (12) months or more, shall be deemed to be an abandonment of such use, and subsequent use of buildings or land shall be in accordance with the regulations applicable to the subject property.

E.

Ordinary maintenance and repair may be made to any nonconforming use or building, provided that the maintenance and repair activities do not result in a physical expansion of the existing footprint of the structure.

F.

Except as otherwise provided by law, nonconforming uses may be expanded, under the following terms and conditions:

1.

Approval shall be by use permit on a case by case basis by the planning commission.

2.

Approval of the planning commission must be accompanied by specific findings as follows:

a.

Only increase in size of existing structures;

b.

In the case of structures there shall be no change in basic use, unless other necessary permits are obtained;

c.

No more than a fifty-percent increase in size of structure excluding carports and garages;

d.

Under no circumstances shall any development exceed the permissible maximum building coverage as described in this code and/or the city general plan standards.

3.

Each applicant shall be entitled to the same right of appeal as now exists for appeals of planning commission's actions to the city council.

4.

The nonconforming use of land or buildings may only be modified or enlarged without use permit approval when such modification or enlargement brings the entire parcel into conformity with this title.

(Ord. 2007-05 § 3 (part))

(Ord. No. 2012-05, § 1; Ord. No. 2013-07)

Use of lots with areas or widths which do not conform to the minimum specifications of the zone in which they are allocated will be permitted where the lot in question was delineated on a recorded subdivision map or was under one ownership on the effective date of these regulations and owner thereof has not subsequently acquired adjoining property.

(Ord. 2007-05 § 3 (part))

All departments, officers and public employees vested with the duty or authority to issue permits, certificates or licenses shall issue no permit, certificate or license for uses, buildings or purposes within the city in conflict with the provisions of these regulations, and any such permit, certificate or license issued in conflict with the provisions of these regulations shall be null and void.

(Ord. 2007-05 § 3 (part))

Any building or use operated or maintained contrary to the provisions of these regulations shall be, and the same is declared to be a public nuisance and shall be subject to injunction and abatement as such.

(Ord. 2007-05 § 3 (part))

The remedies provided in this title shall be cumulative to all others provided by law and not exclusive.

(Ord. 2007-05 § 3 (part))

Any person, whether principal, agent, employee or otherwise, who violates or causes or permits a violation of any of the provisions of this title shall be punished pursuant to the provisions of Section 1.12.010 of this code.

(Ord. 2007-05 § 3 (part))