Chapter 870.6 — NONCONFORMING USES, STRUCTURES, AND PARCELS

It is the purpose and intent of this Chapter to declare structures and uses to be nonconforming, for the purpose of protecting the public health, safety, and general welfare, and to regulate their further use under the nonconformity.

Nonconforming structures and uses shall be those structures and uses lawful when established but which do not conform to subsequently established zoning or zoning regulations.

• A. Maintenance allowed. A nonconforming structure may be maintained, except as otherwise provided in this Chapter.

B. Repairs.

1. Repairs may be made to a nonconforming structure.

2. For structures nonconforming as to use, only structural alterations shall be made to a structure which is nonconforming as to use regulations, that are required by law or hereafter provided in this Chapter.

C. Additions and enlargements.

1. A structure nonconforming as to use or parcel area regulations may not be added to or enlarged in any manner, except in compliance with the following:

   • a. Any nonconforming structure may be added to or enlarged, only if the nonconforming structure and the additions and enlargements thereto and the use thereof are all made to conform to the regulations of the zone in which it is located.

   • b. A nonconforming residential structure located in a “C” or “M” zone, which is ordered to be repaired in compliance with the provisions of Chapter 15.32 of the County Ordinance Code, may be added to or enlarged, modified, or repaired to comply with the minimum requirements of the provisions of Chapter 15.32.

   • c. A minor addition to or enlargement of a nonconforming structure may be allowed in compliance with Chapter 846.5 (Director’s Review and Approval), if

Final Zoning Ordinance

February 2024

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the addition does not exceed 15 percent of the floor area of the existing nonconforming structure.

• d. In an “M” zone, an addition or enlargement of a nonconforming residence may be allowed in compliance with Chapter 846.5 (Director’s Review and Approval), if the addition does not exceed 25 percent of the floor area of the existing nonconforming residence and the floor area contains less than 1,100 square feet before the expansion. A nonconforming residence containing more than 1,100 square feet of floor area before the expansion shall be limited to 15 percent and subject to Subparagraph 870.6.030 C.1.a., above.

2. A structure nonconforming as to height regulations shall not be added to or enlarged, unless the addition or enlargement conforms to all of the regulations of the zone in which it is located.

3. A nonconforming structure, nonconforming only as to the setback regulations, may not be added to or enlarged in any manner except that additions or enlargements may be located in a required setback if they do not encroach into any portion of any required setback to a greater extent than the existing nonconforming structure encroaches into the setback (e.g., extension of an existing wall which is currently located within a setback but the extension will not encroach further/deeper into the setback). However, this exception is not applicable if the width of a side yard or the depth of a front or rear yard is less than 50 percent of that required by the setback regulations of the zone in which the parcel is located.

A. Continuation and change of use.

1. The use of a nonconforming structure may be changed to any other use which is allowed in the same zone as the use for which the structure is designed and arranged, except as provided in this Chapter.

2. Any nonconforming structure which is vacant for a continuous period of more than 12 months shall not thereafter be occupied, except by a use which conforms to the regulations of the zone in which the nonconforming structure is located.

B. Expansion prohibited.

1. A nonconforming use of a structure which conforms to the use regulations shall not be expanded or extended into any other portion of the conforming structure, nor changed, except to a conforming use.

2. If a nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of the structure or portion thereof shall be in compliance with the regulations of the zone in which the structure is located.

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Nonconforming signs, billboards, and commercial advertising structures shall be kept in good repair and visual appearance and no structural alteration(s) shall be made to the signs, billboards, or commercial advertising structures, unless to bring the signs, billboards, or commercial advertising structures into compliance.

Fences, hedges, and walls which do not conform to the corner cut-off area provisions of this Zoning Ordinance shall be removed or made to conform or addressed through approval of a Variance or other applicable application.

• A. Additional parking and loading space required for added or enlarged facilities. Where off-street parking or loading facilities do not conform to the provisions of this Zoning Ordinance, or where no facilities have been provided for structures constructed before the effective date of this Ordinance, the structure shall not be expanded nor may additional facilities be provided within the structure until after the requirements for off-street parking and loading space shall have been complied with for those facilities added or enlarged.

• B. Encourage economic development. The Director shall be authorized to review and modify the off-street parking and loading provisions (in compliance with a formal request) in nonconforming parking situations in order to encourage economic development.

• C. Not applicable within parking district. This Section shall not apply to members of a duly formed municipal parking district.

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

The provisions of this Zoning Ordinance shall not prevent the reconstruction, repair, or rebuilding of any nonconforming structure involuntarily damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of this Ordinance, provided the cost of the reconstruction, repairing, or rebuilding shall not exceed 50 percent of the reasonable replacement value of the structure immediately before the damage, as determined by a qualified appraiser.

Where an accessory structure of a temporary nature or an accessory structure being used for dwelling purposes on a temporary basis exists on a parcel in any residential zone, and where the

Final Zoning Ordinance

February 2024

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parcel was legally created in compliance with the Subdivision Map Act, a dwelling(s) as allowed in the zone in which the parcel is located may be erected on the parcel, provided that within 30 days after the granting of an Occupancy Permit for the use of the newly constructed structure, the temporary dwelling shall be made to conform with the provisions of the zone or shall be removed.

• A. Subject to conditions and regulations. Those nonconforming structures and uses which are legally existing and authorized under a Conditional Use Permit, Director’s Review and Approval, or Variance granted under this or any previous Zoning Ordinance shall be allowed to continue under the conditions and regulations imposed in the permit or Variance, except that any use allowed by Variance shall be considered nonconforming and subject to all of the provisions of this Chapter.

• B. Declaration of existing law. This exception is a declaration of existing law.

Final Zoning Ordinance

February 2024

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Amendments (Zone Map and Zoning Ordinance)