8113-5 - Other nonconforming uses (no longer permitted).

All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions:

The nonconforming use of land where no permanent structure is involved shall be terminated not later than three years after such use becomes nonconforming.

8113-5.2 - Uses within structures subject to amortization.

All nonconforming commercial or industrial uses in Residential (R), Open Space or Agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this Chapter or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: Ten (10) years for one thousand (1,000) square feet, plus one and one-quarter (1.25) years for each additional one hundred (100) square feet over one thousand (1,000) square feet; maximum sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this Chapter or terminated, unless a continuance is obtained pursuant to Section 8113-5.4.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.1 - Expansion and change of use prohibited.

Nonconforming uses under Section 8113-5.2 above shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except for structural alterations which may be required by law, or expansions as allowed by Section 8113-5.5. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 81135.4 of this Article, and subsequent to the period of amortization.

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

The Planning Director shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Chapter, in those instances where the Planning Director has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article.

(Ord. No. 4411, § 7, 3-2-2010)

Notice of Termination of a nonconforming use and order to comply shall be served by the Planning Director at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances where the Planning Director is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use.

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.2.5 - Reserved.

Editor's note— Ord. No. 4411, § 7, adopted March 2, 2010, repealed § 8113-5.2, which pertained to request for a continuance of nonconformities beyond period of amortization and derived from Ord. No. 3730, adopted May 7, 1985.

Upon the effective date of this Chapter or a later amendment thereto, any nonconforming use within a structure not otherwise identified in Section 8113-5.2, such as schools, boardinghouses, residential uses in commercial and industrial zones, uses in excess of the number permitted per lot, commercial uses in commercial zones, and industrial uses in industrial zones, may continue, provided that:

(Am. Ord. 3730—5/7/85)

(Ord. No. 4411, § 7, 3-2-2010)

8113-5.3.1 - Expansion.

No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, expansions as allowed by Section 8113-5.5, or additions to existing principal dwellings in residential zones, which otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one such dwelling may be expanded. The height and setback standards of the R1 zone shall apply to a nonconforming residential use in a commercial or industrial zone.

(Am. Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87)

(Ord. No. 4411, § 7, 3-2-2010)

The nonconforming use may be changed to a use that is similar, provided that it has a parking requirement which is the same as or less than the nonconforming use, except that the nonconforming use may not be changed to a use that requires a Conditional Use Permit under this Chapter.

(Ord. No. 4411, § 7, 3-2-2010)

The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a Conditionally Permitted Use, constitutes abandonment and termination of the nonconforming status of the use.

(Ord. No. 4411, § 7, 3-2-2010)

a.

Grounds for Continuance—A Continuation Permit for Nonconforming Uses and Structures may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

(1)

Special circumstances apply to any such use or structure that do not apply generally to other uses and structures in the same vicinity and zone; and

(2)

The continuance is not detrimental to the public interest, health, safety, convenience, or welfare.

b.

Application Process for Continuance—Any application for a Continuation Permit for Nonconforming Uses and Structures must be filed with the Planning Division prior to permit expiration or within thirty (30) days following the service of a Notice of Termination and Order to Comply.

(Ord. No. 4411, § 7, 3-2-2010)

Uses that are no longer permitted in the Open Space zone due to changes to zoning regulations approved on March 2, 2010, may be expanded with an Expansion Permit for Nonconforming Uses. An Expansion Permit for Nonconforming Uses may only be granted if all of the following standards are met, or if the Planning Commission imposes conditions and limitations as necessary to allow the following standards to be met:

a.

The expansion is twenty-five (25) percent or less of the total square footage of the buildings or use area that existed, or were lawfully permitted, on March 2, 2010; and

b.

The expansion of the use is not detrimental to the public interest, health, safety, convenience, or welfare.

(Ord. No. 4411, § 7, 3-2-2010)