Where buildings or uses legally existing on the effective date of the ordinance codified in this title are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such buildings and uses to be nonconforming and inconsistent with the orderly development of the city and to not encourage such nonconforming uses and buildings to continue to exist.

(Ord. 16.76 § 1 (part), 1989)

Any use, building or structure existing on the effective date of the ordinance codified in this title which does not conform with the provisions of this title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect.

(Ord. 16.76 § 1 (part), 1989)

Any use legally existing on the effective date of the ordinance codified in this title which was a permitted use in the zoning district in which it is located and which is now classified as a conditional use shall be considered a nonconforming use until a conditional use permit is obtained pursuant to Section 17.50.020 of this title.

(Ord. 16.76 § 1 (part), 1989)

A.

Ordinary nonstructural repairs, alterations or maintenance may be made to a nonconforming building or structure as required to keep it in sound condition. Alterations or repairs of a structural nature to a nonconforming building or structure shall not be permitted except such as are required by law or ordinance or authorized by the planning commission upon obtaining a conditional use permit pursuant to Section 17.50.020 of this title; provided, however, that structural alterations or repairs may be made to a nonconforming residential building or structure which is used for residential uses in a zone in which residential uses are allowed.

B.

Nothing in this chapter shall prevent the making of structural repairs or alterations or otherwise strengthening or restoring to a safe condition any part of any building or structure which is unsafe or which is substandard under any of the Uniform Building Codes specified in Chapter 15.04 of this Code.

(Ord. 16.76 § 1 (part), 1989)

A.

A nonconforming use which is determined by the planning commission to be of the same or a more desirable nature may be substituted for another nonconforming use, provided, that in each case a conditional use permit is first secured in accordance with the provisions of Section 17.50.020 of this title.

B.

Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. 16.76 § 1 (part), 1989)

A.

Where the nonconforming use of a building or structure has ceased for six continuous months or more, such building or structure shall not again be put to a nonconforming use.

B.

When a nonconforming use of land not involving any building or structures, except minor structures such as fences, signs and buildings less than four hundred square feet in area, has ceased for six continuous months or more, such land shall not again be put to a nonconforming use.

C.

Any existing nonconforming use of land for the purpose of above-ground bulk storage and distribution of liquified petroleum gases as identified in NFPA 58 and Uniform Fire Code Article 82 ("LPG") is hereby determined to be incompatible with the surrounding land uses and incompatible with densely populated commercial areas. To eliminate such uses, an amortization period of two years is hereby established to run from June 6, 2011, during which period of time all nonconforming LPG bulk storage and distribution facilities located in the commercial zones of the City of Scotts Valley shall be removed. Bulk storage means storage tanks that exceed a two thousand gallon capacity.

Any owner who is required to eliminate the nonconforming uses prohibited in this subsection and who believes the amortization period is not reasonable with respect to their specific nonconforming use may appeal directly to the city council. The appeal must be filed within one hundred twenty days of this section becoming effective. The appeal shall be in writing and shall include the number of years the appellant believes may be appropriate to amortize appellant's nonconforming use and competent and substantial evidence to support that time frame. The city council shall set a date to hear the appeal no sooner than ninety nor later than one hundred twenty days after the notice of appeal is filed. At the appeal hearing, the appellant shall present the evidence contained in its appeal to show how the two-year period established above is not reasonable when applied to the appellant's nonconforming use. As part of the appeal hearing, the city or any other interested party may also present evidence to assist the council in determining whether the amortization period should be extended. Following the hearing, the council may, by resolution, determine and provide for a longer amortization period if the council finds that the longer period is found justified based upon the evidence presented.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.131, § 1, 5-4-2011)

Any nonconforming building damaged more than sixty percent of its then reasonable replacement value at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God shall be restored or reconstructed and used, subject to and in conformance with all the regulations specified by this title, including but not limited to the regulations of the zoning district in which the building is located; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided, that such reconstruction shall be started within six months of such happening and prosecuted to completion within one year of such happening.

(Ord. 16.76 § 1 (part), 1989)

A.

Nonconforming Use. A legal nonconforming use may only be expanded by securing a conditional use permit pursuant to Section 17.50.020 of this title.

B.

Nonconforming Buildings or Structures.

1.

A building permit may be issued for a building or structure which alters a legal nonconforming building or structure only after review by the community development director. An application (on a form approved by the community development director) for an alteration to a nonconforming building or structure shall be submitted to the planning department. The application shall include all information therein requested including, but not limited to, elevations, floor plan and a site plan showing the proposed location for the addition, the location of all relevant improvements existing on the site, and the location of adjacent public or private streets, roads, alleys, rights-of-way and the like.

2.

Review of Application for Alteration of a Legal Nonconforming Building or Structure. The community development director shall review and approve, conditionally approve or disapprove all applications for a building permit, or refer an application to the planning commission for consideration. The community development director shall review each application for compliance with the provisions of this title to ensure that the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements. If a structure is nonconforming due to insufficient onsite parking including compact parking spaces, the community development director will evaluate the potential for the addition to increase the parking demand for the structure or building and may refer the permit to the planning commission for action. If a parking lot is to be re-striped, the compact spaces should be revised to meet the 9'x16 foot size requirement, where feasible. The community development director may attach such conditions to approval of an application as the director deems appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and intent of the provisions of this section. For commercial or industrial structures, when additions to such structures are proposed, the parking for the added use shall be at the rates and sizes provided by the current standards subject to review by the Planning Commission.

C.

Approval, Conditional Approval or Disapproval of Application for Increasing the Size of a Legal Nonconforming Structure or Building. The approval, conditional approval or disapproval of an application for a permit shall be set forth in writing by the director and shall specify in the case of approval that the application is in compliance with the provisions of this section and the conditions attached to the approval, if any, and shall specify the reasons for disapproval in the event the application is disapproved. A copy of the written decision shall forthwith be given to the applicant. The decision made by the community development director may be appealed to the planning commission.

(Ord. 16-113 § 6, 2002: Ord. 16.108 § 1, 1998: Ord. 16.76 § 1 (part), 1989)

A lot line adjustment may be processed for parcels which contain a legal nonconforming use and/or structure, and/or for a substandard lot(s), when the lot line adjustment (1) does not increase the nonconformity of the legal, nonconforming use and/or structure, (2) involves already developed, substandard lot(s) which do not conform with the applicable zoning, provided, the resultant lots are not increased in nonconformity, or (3) where the lot line adjustment is necessary to eliminate an existing legal nonconforming structure, provided, the resultant lots are not increased in nonconformity. At the discretion of the community development director, lot line adjustment applications affected by this section may be submitted to the planning commission for its consideration and recommendation to the city council.

(Ord. 16.116, § 3, 3-4-2004)