The zones applied within the City after the effective date of this code may cause some existing structures to become non-conforming in terms of meeting the zone lot coverage, setback, parking, building height, or landscaping requirements. The purpose of this chapter is to permit these non-conforming structures to be used until they are destroyed or made conforming.

A.    The provisions of this chapter do not apply to lawful pre-existing single-family dwellings except that the enlargement of or alterations to a single-family dwelling shall be as provided by CDC 66.080.

B.    A structure for which a variance was granted under the zoning provisions in effect prior to the effective date of this code is not considered non-conforming solely due to the fact that the structure for which the variance was granted fails to comply with the requirements of this code. The existence of such a variance does not prevent the structure from being classified as non-conforming if some other characteristics of the use or structure fail to comply with the requirements of this chapter. (Ord. 1590 § 1, 2009)

A.    The Planning Director shall make a determination regarding non-conforming status without giving notice.

B.    However, upon application and payment of fees, the determination by the Planning Director of the non-conforming status may be appealed to the Planning Commission sitting as a fact-finding body pursuant to CDC 103.040.

C.    A petition for review by the Council sitting as a fact-finding body may be taken pursuant to CDC 103.090.

A non-conforming structure may be maintained although it does not conform to the provisions of the applicable zone in which it is located subject to the provisions of CDC 66.060 through 66.100.

Should the owner or occupant discontinue or change the use of a non-conforming structure, it shall be unlawful and a violation of this code to begin or maintain such altered use until the off-street parking spaces and loading area requirements of Chapter 46 CDC and the access, egress, and circulation requirements of Chapter 48 CDC are met, or until the appropriate approval authority under Chapter 99 CDC has approved the change.

A.    If a non-conforming structure is damaged or destroyed by any means to the extent that the cost of rebuilding the damaged portions would exceed 50 percent of the then current replacement cost of the entire building, the rebuilding shall conform fully to City codes and standards. Determination of the rebuilding costs shall be made by the Building Official, who may utilize an appraisal to determine current replacement costs. If the damage is 50 percent or less, the rebuilding or reconstruction shall be commenced within one year of the date of damage or destruction, and shall be completed within two years. Under such circumstances, the reconstruction shall comply with the terms of this code.

B.    Should such a structure be moved for any reason for any distance whatever, excluding elevating the structure to construct or replace the foundation, it shall thereafter conform to the regulations for the zone in which it is newly located.

A.    An enlargement of or alteration to a non-conforming structure containing a non-conforming use may be permitted subject to review and approval by the Planning Commission under the provisions of CDC 99.060(B) and CDC 65.120 through 65.140.

B.    An enlargement or alteration to a non-conforming structure containing a conforming use may be permitted subject to the following:

1.    If the enlargement, in and of itself, meets all provisions of this code, the enlargement will be permitted. This exception does not preclude design review or other applicable provisions of this code.

2.    If the enlargement, in and of itself, does not meet all provisions of the code, review and approval by the Planning Director for single-family structures, and by the Planning Commission for non-single-family structures under the provisions of CDC 99.060(B) is required subject to the following standards.

a.    The enlargement or alteration will not change the non-conformity; and

b.    All other applicable ordinance provisions will be met. (Ord. 1192, 1987)

When a non-conforming use involving a structure is replaced by another use, the new use shall conform to this code unless the Planning Commission, after a public hearing held pursuant to Chapter 99 CDC, determines that such a structure is suitable only for another non-conforming use, so long as the new use is no more intense than the past use or other uses contemplated in the zone. The determination by the Planning Commission shall be based on findings of fact which support its determination of suitability. (Ord. 1287, 1990; Ord. 1604 § 62, 2011)

The provisions of CDC 65.110 shall apply.