Within the districts established by this title there exist lots, buildings, and uses which were lawful before the ordinance codified in this title was passed or amended, but which would be prohibited, regulated, or restricted under the terms of the zoning ordinance or future amendment. It is the intent of this chapter to permit these noncon-formities to continue subject to certain conditions. For the purpose of protecting the public health, safety, and general welfare, however the enlargement or alteration of such nonconformities shall be regulated. Nothing within this chapter shall be deemed to permit the continuation of a public nuisance.

(Ord. 88-12-1023 § 1 (part))

   Except as otherwise provided in this chapter, nonconforming lots, structures, or uses existing in any zoning district may be continued but may not be constructed, established, altered, modified, reconstructed, replaced, or enlarged in any way which increases the nonconformity.

(Ord. 88-12-1023 § 1 (part))

   A.   For any property containing a nonconforming industrial use in a residential zone, the use may be continued, sold or ownership transferred without forfeiting any nonconforming rights previously established, but subject to the limitations of Sections 20.82.020 and 20.82.030.

   B.   For any property containing a nonconforming industrial use in a residential zone, a less intensive industrial use may be permitted on the property without loss of all nonconforming status, subject to the approval of the director of planning. The director of planning shall determine, based upon the standards contained in this section what constitutes a less intensive industrial use. Once the property has been changed to a less intensive use, it may not be restored to the more intensive use.

   C.   Factors which the director of planning may consider in making a determination of what constitutes a less intensive industrial use may include, but are not limited to the following:

   1.   Whether the proposed use will generate less odor, dust, or fumes than the prior nonconforming use;

   2.   Whether the proposed use will generate less noise which may negatively impact nearby residents than the prior use;

   3.   Whether the proposed use will generate less traffic than the prior use, or will otherwise diminish traffic congestion in the area or will promote traffic safety more than the prior use;

   4.   Whether the proposed use would lessen any danger of water contamination or degradation, soil contamination, or other environmental hazard; and

   5.   Whether the proposed use is harmonious with surrounding residential uses, and promotes the goals of the zone more than the previous use.

   D.   In making a determination that a particular use is a less intensive industrial use, the director of planning may require repair and/or exterior rehabilitation of an industrial building to reduce or mitigate the building's aesthetic impact on surrounding residential areas.

   E.   On any application for a determination of less intensive industrial use, the party seeking the determination shall provide the director of planning with such information as the director of planning deems necessary to make the determination.

   F.   The director of planning shall advise the applicant of the determination in writing and shall state the reasons therefor.

(Ord. 90-03-1060 § 1)

   A.   Repairs and alterations which do not enlarge or increase the size or scope of a nonconforming structure or use may be made, provided that the aggregate value of all such repairs or alterations from the time the structure or use became nonconforming shall not exceed fifty percent of the reasonable replacement value of the nonconforming building or use immediately prior to such repair and/or alterations.

   B.   Notwithstanding the provisions of Section 20.82.020, the provisions of this chapter shall not prevent the reconstruction, repair, or rebuilding of any nonconforming commercial or industrial building or of any building in which a nonconforming use is conducted when such building is damaged by fire, explosion, or act of God, provided that the cost of such reconstruction, repair, or rebuilding shall not exceed fifty percent of the reasonable replacement value of the building immediately prior to the damage.

   C.   For purposes of this chapter, "reasonable replacement value" shall be based upon current per/square/foot building valuation data as published periodically by the International Conference of Building Officials for the structure and occupancy type of the destroyed or damaged structure. "Cost of repair" shall be based upon the average of at least two bona fide bids submitted by contractors licensed by the state of California to perform such repairs.

   D.   A nonconforming residential structure damaged or destroyed by fire, explosion, or act of God may be reconstructed in conformity with all applicable provisions of the zoning ordinance in effect at such time as the original building permits were issued for such structure subject to the following:

   1.   The density, height, and lot area coverage of a replacement structure or reconstructed structure shall not exceed that of the destroyed or damaged structure;

   2.   Setback dimensions, open space area, and the number of garages and on-site parking shall not be less than that which existed prior to damage or destruction;

   3.   A nonconforming residential structure for which building permits were issued prior to April 7, 1964, and which is damaged by any means may be reconstructed in conformity with the provisions of the zoning ordinance in effect as of April 7, 1964, and subject to subparagraphs 1 and 2 of subsection D of this section.

   E.   A nonconforming residential structure in a district in which residential uses are no longer permitted may be reconstructed regardless of the extent of damage, subject to the applicable zoning ordinance as determined in subsection D. Development standards for reconstruction shall be those of the residential district of the applicable zoning ordinance which allows maximum permissible densities not greater than the density represented by the sum of all residential units on the subject property immediately prior to damage, provided the reconstructed habitable floor area and number of units do not exceed that of the destroyed structure(s).

(Ord. 88-12-1023 § 1 (part))

   A.   Structures which are nonconforming only as to setbacks and/or building height may be expanded subject to present development standards of the zoning ordinance provided that the total floor area of all such expansions permitted subsequent to April 7, 1964, is not greater than fifty percent of the floor area of the original structure.

    B.   Residential structures in districts permitting residential uses and which are nonconforming only as to on-site parking may be expanded provided that, if cumulative expansion from the time the structure became nonconforming exceeds two hundred square feet of habitable area, such structures shall be brought into conformity as to present on-site parking requirements.

    C.   Additions to single-family and duplex structures with nonconforming sideyard setbacks may be constructed so as to extend the building wall(s) adjoining such nonconforming sideyard(s) provided the cumulative habitable area of all such additions does not exceed two hundred square feet.

    D.   Any addition or expansion permitted pursuant to this chapter shall comply with all present development standards contained in the zoning ordinance applicable to the nonconforming structure or use.

(Ord. 88-12-1023 § 1 (part))

   Legally created residentially-zoned lots of record as of the effective date of the ordinance codified in this chapter which are nonconforming as to minimum lot area may be developed with not more than one dwelling unit.

(Ord. 88-12-1023 § 1 (part))

   A.   The discontinuance of use of a nonconforming structure, or use for a continuous period of one hundred eighty days, or the intentional abandonment of a nonconforming building or use, shall be deemed to constitute abandonment of any nonconforming rights ascribed to the property under this chapter.

   B.   Any change in a nonconforming lot, building, or use to a more restrictive or conforming status shall constitute abandonment of the previous nonconforming rights.

   This chapter applies only to nonconforming lots, buildings, and uses lawfully established and used and conducted in accordance with all applicable laws, except to the extent of the nonconformity with the zoning ordinance codified in this title.

(Ord. 88-12-1023 § 1 (part))