Part 7 — NONCONFORMITY TO PERFORMANCE STANDARDS

The use of land, buildings or structures which do not meet the standards of performance for the uses or the standards for equipment employed in the operation of the uses as required by this article, shall be brought into conformity with such standards within a period of five (5) years from the date such use becomes nonconforming, otherwise the nonconforming use shall be discontinued.

Upon compliance with the required performance standards, the director shall issue a certificate of compliance, a copy of which shall be filed with the city clerk. No permit or license shall be issued to any use not conforming with the performance standards at the end of five (5) years from the date such use becomes nonconforming.

A.

These provisions shall not apply to existing antennas and the like, related to residential structures.

PART 8. - MODIFICATIONS TO NONCONFORMING LOTS, BUILDINGS AND USES

The provisions set forth in this chapter shall apply to any changes to nonconforming lots, buildings and uses.

A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot unless the building or structure which is moved is made to conform to the regulations of the district in which it is located, except as otherwise provided by this chapter.

Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.

A.

Nonconforming residential structures. Any nonconforming residential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure or the number of dwelling units, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

B.

Nonconforming nonresidential structures. Any nonconforming nonresidential structure that is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be restored or reconstructed up to one hundred (100) percent of the size and area of the damaged structure, and the occupancy or use of such building, structure or part thereof that existed at the time of such damage may be continued, only if the total cost of such reconstruction or repair does not exceed fifty (50) percent of the total reconstruction cost of the building or structure on the date the damaging event occurred, as determined by the building official. The restoration shall commence within one (1) year after the date the damaging event occurred and shall be diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure, and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. Restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development. In the event the cost to repair or reconstruct the structure exceeds fifty (50) percent of the total reconstruction cost of such building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations of the zone district in which it is located.

C.

Nonconforming nonresidential historic structures. The following structures located in Old Agoura and identified in section 9552.2 are considered historic structures for the purposes of this section: "Amazing Kate's", "Old Post Office", "Stage Door Theatre" and the "Agoura Sign". Historic structures that are damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God may be rehabilitated or reconstructed up to one hundred (100) percent of the pre-damage size and floor area of the damaged structure provided that such restoration is started within one (1) year after the date the damaging event occurred and is diligently pursued to completion thereafter. An extension beyond the one-year commencement requirement may be approved by the planning and community development director, upon the property owner demonstrating good cause. There shall be no increase in the size or area of the structure and the acceptability of the architectural design of the structure shall be determined by the director of planning and community development. restoration and reconstruction of the structure shall be subject to review and approval by the director of planning and community development.

(Ord. No. 04-328U, § 1, 10-27-2004; Ord. No. 07-344, § 1, 6-13-2007)

Where no use of a nonconforming building or improvement is be made for a continuous period of one hundred eighty (180) days, the nonconforming building or improvement shall thereafter be used only in conformance with the provisions of this chapter.

Notwithstanding the provisions of section 9703, any outdoor storage or display or other uses expressly prohibited by section 9542.1.A and 9553.1.A.6 but lawfully existing on March 3, 1987 may continue as a legal, conforming use under this article provided that a permit authorizing such use is granted by the department of planning and community development no later than July 1, 1990. No permit shall be granted unless adequate evidence is submitted to the department showing that the outdoor display and other expressly prohibited uses were lawfully in existence on March 3, 1987. Any permits issued pursuant to this section shall be conditioned to comply with the following:

A.

Landscaping, walls or fencing is provided in a manner approved by the department, where physically feasible, to screen the outdoor storage or display and other expressly prohibited uses from view from abutting public streets. Walls should only be required where they are truly effective. Landscaping in areas or walls, fencing or combination thereof where it would be effective is the preferred alternative. If landscaping is used for screening then the plants or trees used shall satisfactorily screen the prohibited uses within four (4) years of the issuing of the permit by the department. Screening or treatment may be required on more than one (1) side of the property. These improvements shall be maintained in a condition satisfactory to the department for as long as the prohibited uses exist.

B.

Notwithstanding the provisions of subsection A above, the height of any outdoor storage or display located on not more than forty (40) percent of the gross lot area shall not exceed twice the height of the adjacent landscaping, wall, or fence, except that standard metal storage containers may be stacked two (2) high, not to exceed twenty (20) feet.

C.

On-site parking and loading areas shall be provided in the manner approved by the department to the extent physically feasible.

D.

Any on-site drainage problems or deficiencies shall be corrected to the extent feasible, to the satisfaction of the director of public works.

E.

All signs installed contrary to applicable law at the time of installation shall be removed.

F.

An agreement shall be entered into providing for the removal of all legal nonconforming signs within the time period provided by this article.

G.

An agreement shall be entered into providing that the property owner shall participate in the costs of a street improvement project which is approved by the city. The property owner's commitment under such agreement to participate in the street improvement project shall be subject to the following limits and conditions:

1.

That the scope of any street improvement project be defined to encompass a minimum of two thousand (2,000) feet of business property street frontage. This minimum is to be met by frontage on one or both sides of a street. Each property has only one (1) frontage.

2.

That the owners of at least sixty (60) percent of the property fronting any street improvement project agree to participate in any such project.

3.

That the costs of the improvements to be borne by the property owner shall be limited to the costs of the street pavement, curb, gutter, and sidewalk on existing roadways.

4.

That the property owner's responsibility be limited to sixty (60) percent of the width of the right-of-way directly fronting adjacent to the subject property when only one (1) side of the street is being improved. When both sides are being improved, the property owner's responsibility shall be limited to fifty (50) percent of the width.

5.

That the property owner be given the option to either pay for the improvements on or before the time of construction or on a payment schedule arranged with, or to be determined by the city, with a minimum fifteen-year amortization period.

6.

That this agreement have no bearing, either direct or implied, on the requirement for street improvements which are specified by the city for a land development project under sections 9602.1 to 9602.4 inclusive, or the calculations of the cost for an assessment district, if established.

H.

The subject property complies with all other applicable laws.

I.

Any on-site lighting causing glare on adjacent public streets shall be relocated or modified to prevent such glare to the satisfaction of the department.

J.

Any permit fee established by resolution of the city council has been paid.

Any disputes regarding the intent of these conditions may be appealed to the planning commission.

No permit granted under this subsection shall authorize any expansion beyond the limits of the subject property. Any new improvements to the subject property shall be permitted provided that such improvements comply with the provisions of this article and all other applicable laws.