Section 9106.03 — Nonconforming Uses

Except as otherwise listed below, a legal nonconforming use of a structure(s) may continue indefinitely.

A.

Nonconforming Residential Uses. A nonconforming use located in a residential zone may be maintained and continued. Alterations or expansions may be allowed upon the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures).

B.

Nonconforming Commercial and Industrial Uses. Sites with nonconforming commercial and industrial uses shall be properly maintained, provided that there is no addition, alteration, or enlargement to any use.

C.

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

D.

Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

A.

Nonconforming Until Approval is Granted. Any nonconforming use that is eligible to be considered for a Conditional Use Permit, Minor Use Permit, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until the permit or other approval is granted.

B.

Absence of Conditional/Minor Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Minor Use Permit that would be required by this Development Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).

C.

Previous Conditional/Minor Use Permit in Effect. A use that was authorized by a Conditional Use Permit or Minor Use Permit but is not allowed by this Development Code in its current location may continue, but only in compliance with the original Conditional Use Permit or Minor Use Permit conditions of approval.

A.

A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope/area, or other portion(s) of a structure, upon the date the nonconformity was created, except as specified below.

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

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.

The changes are required by other laws.

The changes are determined, by the Director, to be small additions to legal-nonconforming single-family residential properties (including multifamily dwelling units on a single-family lot) and are subject to the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures).

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.

B.

If the nonconforming use is discontinued, any future use of the structure(s) shall be in compliance with the provisions of this Development Code; provided, however, that all nonconforming uses of a conforming structure shall be discontinued as provided in this Division.

C.

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

D.

Allowable changes to nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be replaced by another similar nonconforming use only after the Director first finds all of the following:

The nonconforming use is similar to or less intensive than the use originally allowed in the development;

The nonconforming use generally adheres to the intent of the General Plan and any applicable specific plan;

The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

The use of the entire development has not been ceased or discontinued for a period of 180 consecutive days or more.

(Ord. No. 2401, Exh. C, 4-15-25)

A.

Effect of Discontinuance. If any legal nonconforming use ceases to operate or is discontinued for a period of 180 consecutive days or more, subsequent use of the land shall be in compliance with the applicable provisions of this Development Code. Maintenance/retention of a valid City issued Business License shall of itself not be considered a continuation of the use.

B.

Cessation or Discontinuance Defined. A nonconforming use shall be considered ceased or discontinued when any of the following apply:

Cessation or discontinuance of a nonconforming use shall be deemed by the Director as an abandonment of the use, irrespective of the owner's or occupant's intent;

Discontinuance shall include cessation of a use regardless of intent to resume the use;

The intent of the owner to cease or discontinue utilization of the nonconforming use is apparent, as determined by the Director;

Where characteristic furnishings and equipment associated with the nonconforming use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 consecutive days or more; or

Where there are no business receipts or utility payments for the 180-day period.

C.

Discontinuance of Use. If the conforming use is discontinued, the nonconforming structure shall either be removed or made to comply with the regulations governing the zone in which the structure is located.

(Ord. No. 2401, Exh. C, 4-15-25)

Section 9106.05 - Nonconforming Structures