A.   Regulation Of Legal Conformities: This chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. Within the land use zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawfully in existence before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code, as amended. This chapter provides for their eventual elimination, but allows them to exist under the limited conditions identified in this chapter.

   B.   Intent: It is the intent of this Development Code to discourage the long-term continuance of these nonconformities in order to promote the public health, safety, and general welfare and to bring the uses and structures into conformity with the goals and policies of the General Plan and any applicable Specific Plan. (Ord. 261, 11-15-2016)

The provisions in this chapter apply to existing legal nonconforming structures, uses, and parcels. (Ord. 261, 11-15-2016)

   A.   Purpose: This section sets forth provisions for the abatement of lots, structures, and uses deemed to be nonconforming and subject to abatement pursuant to the provisions of this article 1.

   B.   Authority: The Director shall be the designated review authority for determining that a lot, structure, or use is nonconforming, and the Commission shall be the designated review authority for action on the abatement procedures and extensions of the nonconforming lots, structures, or uses.

   C.   Notice And Hearing: Once the Director has determined that a lot, structure, or use is nonconforming, the Director shall provide required notice for hearing and action by the Commission. The purpose of the hearing is to determine whether the nonconformity should be abated, given a specific term prior to abatement, or granted a time extension. Notice and hearing shall be performed and conducted pursuant to chapter 9.85, "Public Notices And Hearings", of this title.

   D.   Decision And Findings: The Commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest Federal income tax return. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the development standards. Findings shall be made in writing and provided to the property owner within ten (10) days after the decision is rendered.

   E.   Appeal: Actions taken by the Commission may be appealed to the Council in accordance with provisions of chapter 9.81, "Appeals", of this title.

   F.   Extension Of Time: The review authority, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property or business owner.

   G.   Revocation Of Nonconforming Use Or Structure: The Town may revoke the right to continue a nonconforming use or structure. Revocation procedures, including notice and hearing, shall be in accordance with provisions of chapter 9.84, "Permit Revocations", of this title.

   H.   No Reversion To Nonconformance: When any nonconformity is eliminated or brought into conformance with the current regulations of this Development Code, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored. (Ord. 261, 11-15-2016)

   A.   Continuation Of Legal Nonconforming Lots: Any lawfully created lot which becomes nonconforming with regard to lot area, street frontage, lot width, lot depth, or accessibility may continue indefinitely with such nonconformity and may be developed and used as if it were a conforming lot.

   B.   Modification Of Legal Nonconforming Lots: Legal nonconforming lots may not be modified in any manner that increases the degree of nonconformity. Where feasible, parcel modifications (through lot merger or lot line adjustment) are encouraged to eliminate or minimize the degree of nonconformity. (Ord. 261, 11-15-2016)

   A.   Continuation Of Structure: Any legally established nonconforming structure that does not conform to the provisions of this Development Code with regard to maximum permitted height, minimum required setback, lot coverage, and/or maximum permitted encroachment into required yard areas may be continued indefinitely.

   B.   Exceptions: The following are the exceptions to the indefinite continuation of a legal nonconforming structure:

      1.   Residential Structures: Any increase in the number of residential units for buildings designed and occupied for residential use shall be prohibited.

      2.   Nonresidential Structures: Any nonresidential building, structure, or facility designed or intended only for uses which are nonconforming shall be removed, or the design and use thereof shall be made conforming in all respects within twenty five (25) years from the date of construction or the effective date of creation of the nonconformity, whichever is later.

      3.   Utilities: Any new or replacement utility/mechanical facilities, equipment, or construction shall conform to the maximum extent feasible, as determined by the Director.

      4.   Encroachments In Commercial Zones: Within the commercial zones, any nonconforming encroachment into required yards may be required to be removed or reduced upon review by the review authority as follows:

         a.   When an expansion in floor area which is greater than fifty percent (50%) of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or

         b.   When an expansion in floor area is proposed anywhere within an integrated development which is greater than fifty percent (50%) of the total floor area of all structures within the integrated development.

      5.   Trash Facilities, Outdoor Storage, And Display: Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.

   C.   Modification Or Expansion Of Legal Nonconforming Structure:

      1.   A legal nonconforming structure shall not be modified in a manner that expands, extends, or enlarges the use in any manner beyond its existing scope upon the date the nonconformity was created, except as follows:

         a.   The modifications are, in and of themselves, in conformance with the provisions of this Development Code.

         b.   The modifications are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

         c.   The modifications are required by other laws.

         d.   The modifications are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

      2.   No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

   D.   Destruction Of Legal Nonconforming Structure:

      1.   A nonconforming structure(s) involuntarily damaged or partially destroyed by fire, act of nature, or act of the public enemy may be repaired or rebuilt and reoccupied only as follows:

         a.   If the cost of repairing or replacing the damaged portion of the structure(s) does not exceed seventy five percent (75%) of its reasonable value, the structure may be restored, provided the following conditions are met:

            (1)   The reconstruction meets current Building Code requirements.

            (2)   Reconstruction begins within twelve (12) months of the date of damage, unless otherwise allowed by the Director, and is diligently pursued to completion.

   E.   Discontinuance Of Legal Nonconforming Structure: If any legal nonconforming structure is abandoned or the use thereof discontinued for a period of one hundred eighty (180) consecutive days or more, all future development of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

   F.   Off-Site Relocation: When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this Development Code and all other applicable laws and regulations. (Ord. 261, 11-15-2016)

Except as otherwise listed below, a legal nonconforming use may continue indefinitely.

   A.   Nonconforming Commercial And Industrial Uses: Nonconforming commercial and industrial uses shall be terminated or made conforming as to use within ten (10) years from the date on which the Town rendered the use nonconforming.

   B.   Other Nonconforming Nonresidential Use: Other nonconforming non-residential uses shall be terminated or made conforming as to use within ten (10) years from the date on which the Town rendered the use nonconforming.

   C.   Nonconforming Mobilehome Park: A mobilehome park that is nonconforming as to use shall be terminated within twenty (20) years from the date on which the Town rendered the use nonconforming.

   D.   Nonconforming Animal Keeping: Any nonconforming animal keeping, whether a primary use or an accessory use, shall be terminated or made conforming within three (3) years from the date on which the Town rendered the use nonconforming.

   E.   Nonconforming Use Eligible For Conditional Use Permit Or Other Approval: Any nonconforming use that is eligible to be considered for a conditional use permit, land use compliance review, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until such permit or other such approval is granted.

   F.   Modifications And Extensions To Legal Nonconforming Uses:

      1.   A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the date the nonconformity was created, except as specified below:

         a.   The changes are, in and of themselves, in conformance with the provisions of this Development Code.

         b.   The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. A minor alteration shall not increase the area of the nonconforming structure by more than one hundred twenty (120) square feet cumulative.

         c.   The changes are required by other laws.

         d.   The changes are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

      2.   No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

      3.   Notwithstanding the provisions regarding conditional use permit or variance, the Director may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than three feet (3') to any property line.

      4.   The requirements for a conditional use permit shall not apply to nonconforming residential uses, where such uses are being expanded or modified by no more than twenty five percent (25%) of the floor space or ground area existing at the time such use became a nonconforming use.

   G.   Discontinuance Of Legal Nonconforming Use:

      1.   If any legal nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days or more, subsequent use of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

      2.   This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this Development Code. (Ord. 261, 11-15-2016)

   A.   A nonconforming single residential use located in an industrial or any commercial zoning district that has been destroyed by more than seventy five percent (75%) may be restored subject to the granting of a land use compliance review and affirmative determination of all of the following findings:

      1.   The restoration of the nonconforming single residential use will not adversely affect or be detrimental to the health, safety, and general welfare of the public or property or improvements within the area.

      2.   The restoration of the nonconforming single family residential use is substantially compatible with existing and proposed uses in the general area, including factors relating to the nature of its location, operation, building design, and site design.

      3.   The restoration of the nonconforming single family residential use will protect a valuable property investment. (Ord. 261, 11-15-2016)