Chapter 10.60 — GENERAL NONCONFORMING PROVISIONS

A. General. The purpose of this Article 5 is to establish uniform provisions for the regulation of nonconforming land uses, structures and parcels. It is the intent of this Article 5 to bring nonconformities, such as nonconforming uses, structures, and parcels, into conformity with the provisions of this Zoning Code and to eliminate the long-term continuance of such nonconformities. This Article is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Zoning Code in a manner that promotes the public health, safety, and welfare and does not conflict with the goals and objectives of the General Plan.

B. Applicability. The provisions of this Article shall apply to any structure, use, or parcel that was legally established prior to the adoption of this Zoning Code but fails to meet any provisions contained herein, or any subsequent amendments.

C. Existing Permits Not Affected. Nothing contained in this Article or Zoning Code shall be deemed to require any change in the plans, construction, or designated use of any structure for which a building permit or land use entitlement has properly been issued in accordance with the provision of ordinances then in effect and upon which actual construction or use has been started prior to the date the nonconformity was established, provided that in all such cases regarding construction, actual construction shall be diligently carried on until completion of the structure. (Ord. 935 § 3 (part), 2015)

A. A legal nonconforming use, structure, or parcel is one that was lawfully established or lawfully existing prior to the effective date of this Zoning Code and continuing since that time, but which no longer conforms to the provisions of this Zoning Code due to a change in zoning regulations, change in zone district boundaries, or change in other applicable regulations of this Code. Such legal nonconforming use, structure, or parcel may continue subject to the requirements of this Article.

B. Uses, structures, and parcels that were illegally or unlawfully established, constructed, or divided shall not be considered legal or lawful nonconforming uses, structures, or parcels.

C. A nonconformity may result from any inconsistency with the requirements of this Zoning Code including but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Conditional Use Permit or other required authorization, permit, or approval. (Ord. 935 § 3 (part), 2015)

Any structure or use that has nonconforming parking, landscaping, accessory structures, setbacks or yard area, or structure height may continue indefinitely, provided no improvements, other than routine maintenance, are performed. However, at the time any application is filed for a building permit or any other permit required or authorized by this Zoning Code to modify or expand the structure or use, a good faith effort shall be made to correct the incidental nonconformity. Exceptions include structure height and setbacks, which can be continued in a nonconforming state, provided that the nonconformity is not increased, and off-street parking spaces, which shall otherwise comply with the provisions of Chapter 10.72 (Miscellaneous Nonconforming Provisions). (Ord. 935 § 3 (part), 2015)

When any nonconformity is eliminated or brought into conformance with the current regulations of this ZoningCode, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored.

(Ord. 935 § 3 (part), 2015)