§ 130.61

Within the County there exist uses and structures that were lawfully established before the adoption of this Title, but which may be prohibited, regulated or restricted differently under the terms of this Title, as amended.

This Chapter specifies the manner in which these legal nonconforming uses and structures may be continued, and may be expanded under certain circumstances. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property owners.

Sec. 130.61.020 - Continuation, Transfer, or Sale.

Change of ownership, tenancy or management of a legal nonconforming use, structure or lot shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed in this Chapter.

Sec. 130.61.030 - Legal Nonconforming Structures.

A legal nonconforming structure may be continued and maintained as follows:

A.

A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, up to its pre-damage size and placement. Construction shall be completed within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County.

B.

A legal nonconforming structure or any part of it that is voluntarily destroyed or removed, may be rebuilt within the same footprint within three years if located within a Community Region or five years if located in the remaining unincorporated area of the County, or shall lose all nonconforming status for any part or parts affected and may not be reconstructed.

C.

A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders, or may be increased in area or volume if the addition complies with this Title and the most recent County adopted Building Code.

D.

A legal nonconforming structure or accessory structure may be used or converted to any use that conforms to the zone district in which it is located and complies with the most recent County adopted Building Code. Such structure or accessory structure will not lose its nonconforming status if it has been vacant for any time.

E.

A structure considered non-conforming because it does not observe the required setbacks of the zone may be increased in area or volume, provided that the addition does not encroach further into the required setback.

A legal nonconforming use may be continued and maintained as follows:

A.

No increase in intensity or of the area, space, or volume occupied or devoted to a legal nonconforming use, except as allowed in this Chapter shall be allowed.

B.

A legal nonconforming use that has ceased or been abandoned for a continuous period of more than twelve consecutive months or more shall lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located, except as allowed.

If the legal nonconforming use is cultivated agricultural land, the use shall not be considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation.

C.

If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, minimum lot area for animals, or other standards for the keeping of animals not in conformance with the zone district in which they are located, may be continued until the owner or occupant removes them for a continuous period of more than twelve consecutive months or more.

D.

Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in this Chapter.

E.

If a legal nonconforming use is converted to a conforming use, no previous nonconforming use may be resumed.

F.

Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders, or an increase in area or volume. All work shall meet the requirements of the most recent County adopted Building Code.

G.

A structure containing a legal nonconforming use may be restored up to its pre-damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. Reconstruction of the structure shall be allowed if the use is to be reestablished.

H.

A structure occupied by a legal non-conforming use that has ceased or been abandoned according to this Chapter may be allowed to be used for the same or less intensive use if the structure or structures cannot feasibly be used for any use consistent with the zone district in which it is located.

I.

A legal nonconforming use where no structure is involved may be restored up to its pre-damaged size and intensity if it is involuntarily damaged or destroyed. The use shall be reestablished within five years of the date of the damage.

Sec. 130.61.050 - Changes or Expansion of Legal Nonconforming Uses.

The Commission may allow changes or expansions to legal non-conforming uses as set forth by a Conditional Use Permit. Procedures adopted for Conditional Use Permits shall be consistent with Article 5 (Planning Permit Procedures) of this Title, and the findings in Subsection D below in this Section shall be made by the Commission prior to approval.

A.

A legal nonconforming use may be changed to another nonconforming use of the same or less intensive nature.

B.

A legal nonconforming use may be enlarged, expanded, or extended when such use is necessary due to economic market demands for the goods, products, or services provided.

C.

The time limits specified in this Chapter may be extended.

D.

The Commission shall make one or more of the following findings regarding changes or expansions to legal nonconforming uses:

1.

The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare.

2.

The change or expansion of the nonconforming use will not have a negative impact on the surrounding conforming uses and the area overall.

3.

Other property where the use would be conforming is unavailable, either physically or economically, within the limits of the nearest similarly developed area(s).

4.

No other appropriate remedies are available to bring the use into conformance, including amending the zone or zoning ordinance text.

Sec. 130.61.060 - Legal Nonconforming Lots.

Nonconforming lots are those lots legally created in compliance with Chapter 120.76 (Certificate of Compliance) of Title 120 (Subdivisions) of the County Code of Ordinances that do not conform to the lot area and dimension standards for the zones in which they are located. Nonconforming lots shall be subject to the following:

A.

The uses allowed in the zone shall be allowed on a nonconforming lot.

B.

Development standards for the zone in which the lot is located, including setbacks, shall be applied to all development on the lot.

Sec. 130.61.070 - Structures and Uses Under Construction.

Any structure for which the County has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the structure or use nonconforming, may be completed and used according to approved plans, specifications or permits as follows:

A.

For nonconforming uses, the use shall be commenced within two years of the effective date of the ordinance rendering such use nonconforming.

B.

For nonconforming structures, the construction shall be commenced within two years and completed within three years of the effective date of the ordinance rendering such structure nonconforming.

Sec. 130.61.080 - Determination of Abandonment—Nonconforming Use.

Any nonconforming use that is deemed by the Director to be discontinued or abandoned for a period in excess of twelve consecutive months shall cease, subject to the provisions in this chapter and the property owner shall have the burden of proof.

For purposes of calculating the twelve-month period, a use may be deemed discontinued or abandoned upon the occurrence of any of the following events:

1.

On the date when the use of the land is physically vacated or the date that existing structure(s) or facilities cease to be actively maintained, whichever comes first;

2.

On the date of termination of any lease or contract under which the nonconforming use has occupied the land;

3.

On the date a request for final reading of utility meters is made to the applicable utility districts.

If the nonconforming use is discontinued or abandoned for a period of more than twelve consecutive months, any subsequent use of land shall conform to the applicable standards and criteria specified by this Title for the Zone District in which such land is located.

Sec. 130.61.090 - Appeal of Determination of Abandoned Nonconforming Uses.

A determination of an abandoned nonconforming use may be appealed to the Commission. All appeal requests shall be submitted in writing on the approved appeal form within 20 business days from the date of notification by the County. All

appeals shall be submitted with the then current processing fee, as established by resolution of the Board.

All appeal requests shall include at minimum a detailed description of all positive action(s) taken to maintain the nonconforming use during the time when the use was deemed by the Director to be discontinued or abandoned. During review of the appeal, the Commission shall:

1.

Find that the nonconforming use may continue subject to the provisions of this Chapter; or

2.

Find that the nonconforming use has been abandoned pursuant to this Chapter.

Sec. 130.61.100 - Restoration of Abandoned Nonconforming Uses.

Restoration of an abandoned nonconforming uses may be allowed by Administrative Permit pursuant to standards for approval in Article 5 (Planning Permit Processing) of this Title. In addition to standard requirements, the Director shall also make the following five additional findings:

1.

Positive action(s) will be taken to resume the nonconforming use within a reasonable period;

2.

The nature and character of proposed structure(s) are substantially the same as that for which the structure(s) were originally designed;

3.

There is no material difference in the quality, character or degree of use;

4.

The proposed use will not adversely affect the other uses allowed by right in the Zone Districts of adjacent parcels; and

5.

The nonconforming use will not be detrimental to the public health, safety or welfare or be injurious to the neighborhood.

If in the opinion of the Director, restoration of the abandoned nonconforming use could contain potentially significant environmental impacts subject to CEQA or if the above findings cannot be made, a Conditional Use Permit (CUP) shall be required from the Commission pursuant to Article 5 (Planning Permit Processing) of this Title to consider restoration of the nonconforming use.

Nothing contained within this Chapter shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance, or a danger to the public health, safety and welfare.