A nonconforming use is a use of a structure or land which was lawfully established and maintained but which, under this chapter, does not conform with the use regulations for the zone in which it is located. This article is intended to limit the number and extent of nonconforming uses by limiting their enlargement, reestablishment after abandonment, the major structural alteration of the structures they occupy, and their restoration after destruction.

(Prior code § 10-2.2501)

A nonconforming structure is a structure which was lawfully erected but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures, or distance between structures prescribed in the regulations for the zone in which the structure is located. While permitting the use and maintenance of nonconforming structures, this article is intended to limit the number and extent of nonconforming structures by limiting their being moved, altered, or enlarged by requiring that structural alterations shall conform to the standards prescribed in this article.

(Prior code § 10-2.2502)

(a)

A nonconforming use of open land, i.e., containing no structure, may be continued provided such nonconforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structure, addition, alteration, or enlargement thereto shall be made thereon, except those required by law or approved by a conditional use permit. If such nonconforming use is discontinued for a continuous period of more than six (6) months, any future use of such land shall conform to the provisions of the zone in which it is located.

(b)

If, upon review by the Community Development Department, it is determined that (1) such nonconforming use of land is no longer in harmony with one or more of the purposes of this chapter; (2) the continuation of such nonconforming use of land may impose an unreasonable burden upon the lands located in the vicinity of such nonconforming use; or (3) such nonconforming use of land is no longer being maintained in accordance with the conditions placed upon it at the time of its establishment, such use shall be determined a nuisance, and it shall be set for a public hearing. If, following the public hearing, the Commission finds that such nonconforming use meets the provisions of this section, the Commission may order the discontinuance of the use. All such land at that time shall be cleared and restored to vacant property or conforming uses.

(c)

The cultivation and growing of annual crops, as distinguished from perennial crops, i.e., tree crops, may replace vacant land without the review or consent of the Community Development Department.

(Prior code § 10-2.2503)

A use lawfully occupying a structure or a site, which use does not conform with the use regulations for the district in which the use is located, shall be deemed to be a nonconforming use and may be continued as provided in this article.

A structure lawfully occupying a site, which structure does not conform with the standards of lot coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained as provided in this article.

(Prior code § 10-2.2504)

(a)

The expansion of a nonconforming use shall be a conditional use for which a use permit shall be secured as provided in Sections 10.08.4250 through 10.08.4260 of Article 34 of this chapter.

(b)

Unless a use permit is secured as provided in subsection (a) of this section, the following provisions shall apply:

(1)

No structure, the use of which is nonconforming, shall be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconforming use.

(2)

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

(3)

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure, or the site of another structure, or a site which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.

(4)

A nonconforming use may increase its volume of operation provided the structure is not altered or enlarged to accommodate its increase.

(Prior code § 10-2.2505)

No nonconforming structure shall be moved, altered, enlarged, or reconstructed in a manner that does not conform to the minimum standards of lot coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located; provided, however, a nonconforming structure may be altered and/or enlarged provided it does not increase the existing level of nonconformity. Such construction shall be reviewed and approved by the Community Development Director and the Fire Chief under specific conditions.

(Prior code § 10-2.2506)

The nonconforming use of a structure or site shall only be changed to a conforming use.

(Prior code § 10-2.2507)

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six (6) months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(Prior code § 10-2.2508)

(a)

Whenever a structure which is nonconforming but which conforms generally with the zone group in which it is located (for example, a nonconforming apartment house within a residential zone or a nonconforming retail establishment within a commercial zone) shall be damaged or destroyed, it may be restored and the use resumed.

(b)

Whenever a nonconforming structure shall be destroyed by fire, other calamity, act of God, or the public enemy to the extent of fifty (50%) percent or less as determined by the Building Official, the structure may be restored, and the nonconforming use may be resumed provided restoration is started within six (6) months and diligently pursued to completion.

(c)

Whenever a nonconforming structure shall be destroyed by fire, other calamity, act of God, or the public enemy to a greater extent than fifty (50%) percent as determined by the Building Official, or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located, and the nonconforming use shall not be resumed.

(Prior code 10-2.2509)

Nothing in this article pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination or removal, or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, or rebuilding, of public utility structures, uses, equipment, and facilities pertaining directly to the rendering of the service provided there is no change of use or increase of those areas to be used, and provided, further, that a site plan be submitted for approval, and those necessary public improvements required of private property owners in the area shall be installed.

(Prior code 10-2.2510)

Notwithstanding any other provision of this article, no use permitted in any one of the residential zones and lawfully existing in any one of the residential zones on October 16, 1975, shall be considered nonconforming in the residential zone in which it is located; no use permitted in any one of the commercial zones and lawfully existing in any one of the commercial zones on October 16, 1975, shall be considered nonconforming in the commercial zone in which it is located; and no use permitted in any of the industrial zones and lawfully existing in any one of the industrial zones on October 16, 1975, shall be considered nonconforming in the industrial zone in which it is located. For the purposes of this section, the GHC Zone and HS Zone shall be considered as commercial zones. This section shall be applicable only to the elimination of nonconforming uses.

(Prior code § 10-2.2511)