The purpose of this article is to regulate the use of structures and land which were lawfully established prior to the adoption of the applicable provisions of this chapter but which would be prohibited, regulated, or restricted under the terms of this chapter or a future amendment to this chapter.

(§ 4, Ord. 86-623, eff. February 6, 1986)

(a)

Issuance of building permits. Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building for which a valid, unrevoked building permit has been issued by the Planning and Development Agency.

(b)

Lawful nonconforming uses. A use shall be a lawful nonconforming use if:

(1)

It was established in a manner conforming with any zoning of the County in effect at the time of establishment; and

(2)

The use existed at the time of adoption of any subsequent zoning law of the County which made it nonconforming or is subject to the provisions of Section 9-2.508 of this article.

(3)

It shall be the responsibility of the owner or user to provide evidence of lawful nonconformance.

(c)

Effect of zoning regulations. The passage and adoption of this article shall not be construed to make conforming a use of land or structure which was nonconforming as determined by the regulations of the zoning regulations in effect at the time of the establishment of such use of land or structure.

(d)

Continuance.

(1)

The unlawful nonconforming use of land or structures shall be discontinued or brought into conformity, and unlawful nonconforming structures shall be removed or brought into conformity.

(2)

Lawful nonconforming structure and the lawful nonconforming use of land or structures may be continued, unless otherwise restricted.

(3)

The lawful nonconforming use of land or structures, if discontinued for a period of one year, may be resumed only upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by § 1, Ord. 89-719, eff. November 2, 1989, and § 1, Ord. 92-800, eff. January 21, 1993)

(a)

Repair, maintenance, and internal alterations. A lawful nonconforming structure may be repaired, maintained, or altered internally, unless otherwise restricted.

(b)

Restoration. A lawful nonconforming structure which is damaged to an extent which does not permit use for the intended purpose may be restored either within one year after the occurrence of the damage or upon the issuance of a special use permit.

(c)

Enlargement.

(1)

A structure, lawfully nonconforming as to yard requirements, height, or lot coverage, may not be added to or enlarged unless the additions and enlargements are made in conformance with the regulations of the applicable zone or upon the issuance of a variance; except as modified below:

(1.1)

Enlargement of an accessory dwelling unit as set forth in Article 45, Accessory Dwelling Units, of this chapter.

(2)

A structure, lawfully nonconforming for reasons other than those set forth in subsection (1) of this subsection, may be added to or enlarged upon the issuance of a special use permit.

(d)

Relocation. A lawful nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, the structure shall conform with the regulations of the zone in which the structure will be located after the move.

(§ 4, Ord. 86-623, eff. February 6, 1986; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

(a)

Expansion.

(1)

A lawful nonconforming use may be expanded within the structure upon the issuance of a special use permit.

(2)

A structure containing a lawful nonconforming use may be added to or enlarged to expand the lawful nonconforming use upon the issuance of a special use permit.

(b)

Changes in use. The lawful nonconforming use of a structure may be changed to another use which is functionally equivalent upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

(a)

Expansion. A lawful nonconforming use of land with no structures shall not be expanded or increased to occupy a greater land area, either on the same or adjoining property, nor shall the intensity of the existing use be increased, except that the occupation of a greater land area or an increase in intensity may be permitted upon the issuance of a special use permit.

(b)

Changes in use. The lawful nonconforming use of land with no structures may be changed to another use which is functionally equivalent upon the issuance of a special use permit.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

(a)

Uses involving both land and structures. A use involving both land and structure shall be considered as one use.

(b)

Expansion.

(1)

That portion of a lawful nonconforming use outside of a structure shall not be expanded or increased to occupy a greater land area, either on the same or adjoining property, nor shall the intensity of the existing use be increased, except upon the issuance of a special use permit.

(2)

A structure within the land area of a lawful nonconforming use may be added to or enlarged under any of three (3) circumstances. Under any other circumstances, a structure within the land area of a lawful nonconforming use shall not be added to or enlarged. The three (3) circumstances are:

(i)

If the addition or enlargement would not result in the occupation of a greater land area.

(ii)

If the addition or enlargement would not result in an increase in the intensity of the use.

(iii)

If a special use permit is issued for the addition or enlargement.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by § 7, Ord. 99-915, eff. June 3, 1999)

Where off-street parking and loading in connection with a use at the time this chapter became effective is insufficient to meet the requirements of Section 9-2.414 of Article 4 of this chapter, either:

(a)

The use shall not be altered or enlarged unless the required additional parking and loading spaces are provided to meet such requirements, notwithstanding the other provisions of this article and chapter; or

(b)

The use may be altered or enlarged upon the issuance of a special use permit if it can be found that the alteration or enlargement:

(1)

Will not result in a greater intensity of use; and

(2)

Will not create a need for additional off-street parking and loading; and

(3)

Will not lessen the existing off-street parking and loading.

(§ 4, Ord. 86-623, eff. February 6, 1986, as amended by Ord. 86-643, eff. November 6, 1986)

A use, or functional equivalent of a use, previously conducted in a building identified in the General Plan as a historical building, may be resumed in that building upon the issuance of a special use permit:

(a)

If it was established in a manner conforming with any zoning of the County in effect at the time of establishment; and

(b)

Even if the use did not exist at the time of adoption of any subsequent zoning law of the County which would have made it nonconforming.

(§ 2, Ord. 92-800, eff. January 21, 1993)