1.9. NONCONFORMANCE

1.9.1.A. Intent

Within the zoning districts established by this Code or amendments that may later be adopted, existing lots, structures, and uses of land and structures exist that were lawful before this Code was passed or amended, but which may be prohibited, regulated, or restricted under the terms of this Code or future amendments. These nonconforming uses and structures are incompatible with permitted uses in the zoning districts and shall not be enlarged, expanded, or extended, except as provided in Section 1.9.4. Furthermore, nonconforming uses shall be eliminated as soon as possible and shall not be used as grounds for adding other structures or uses prohibited by this Code.

Consistent with the County’s Right to Farm Ordinance, it is the intent of this Code that the establishment of urban and non-agricultural uses surrounding agricultural and agricultural-residential properties does not result in agricultural uses and structures becoming nonconforming.

1.9.1.B. Issued Building Permits

To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building for which a valid, unrevoked building permit has been issued by the Building Permits and Inspection Division.

1.9.1.C. Legal Nonconforming Uses

Regardless of any other provision of this Code, the following shall without further action be deemed legal nonconforming uses:

1. Any use for which a Use Permit or Variance has been granted pursuant to a previous code or any other ordinance of the County subject to any conditions imposed at the time of said grant.

1.9.1.D. Uses, Structures, and Lots Rendered Nonconforming

1. When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this Code, and this Code no longer classifies such use as an allowed use in the zoning district in which it is located, such use shall be considered nonconforming and shall be controlled by this Section.

2. Where any building, structure, or lot that legally existed on the effective date of this Code does not meet all standards set forth in this Code, such building, structure, or lot shall be considered nonconforming and shall be controlled by this Section.

1.9.1.E.

[DELETED 07-16-2020]

1.9.1.F. Lots Nonconforming Upon Creation

[ADDED 12-01-2017]

Any lot located in a residential (RD) zoning district which, upon its creation, did not conform to the applicable zoning district and which remains out of conformance with the applicable zoning district shall be considered nonconforming and shall be controlled by Section 1.9, provided the lot meets all of the following requirements:

1. The County has issued an unconditional Certificate of Compliance for the lot pursuant to the Subdivision Map Act, and the Certificate of Compliance has been recorded in the office of the Sacramento County Recorder;

2. The lot is no smaller than 3,000 square feet in size;

3. The lot is not landlocked;

4. The lot has access to public water and public sewer; and

5. The lot contains a dwelling constructed prior to July 11, 1956, or, a dwelling constructed after July 11, 1956 pursuant to a valid County building permit.

1.9.2.A. Residential Lots, Area

In any residential zoning district, as defined in this Code, a single-family dwelling may be erected on an interior lot not meeting minimum lot size subject to the following conditions:

1. The lot was recorded prior to July 11, 1956.

2. All yard requirements of the zoning district in which the lot is located are met.

3. Public water supply and public sewerage facilities are available.

1.9.2.B. Residential Lots, Public Street Frontage

In any residential zoning district, as defined in this Code, a single-family dwelling or mobile home, if the mobile home meets the architectural standards listed in Section 5.4.2.H, may be erected on a legal lot not meeting the public street frontage requirement of the zoning district subject to the following conditions:

1. At least 20 feet of frontage exists and will be utilized as access, or

2. A private road from the lot to a paved public maintained street is used which meets the following standards:

   • a. 16-foot wide, two-inch asphalt over four-inch aggregate base, including turnaround facilities when deemed necessary by the local fire district when only two primary dwellings would access the private drive.

   • b. 21-foot wide, two-inch asphalt over four-inch aggregate base, including turnaround facilities when deemed necessary by the fire district when more than two primary dwellings would access the private drive.

3. Irrevocable Offers of Dedication to a width(s) acceptable to the County Engineering Division are granted to conform to an existing or proposed public street system.

4. Project proponents who desire a lesser standard may apply for a Special Development Permit, pursuant to Section 6.4.6.

1.9.2.C. Agricultural Residential Lots, Public Street Frontage

In any agricultural residential zoning district, interim general and limited agricultural zoning district, or A-10 interim agricultural holding zoning district as defined in this Code, a single-family dwelling or mobile home, if the mobile home meets the architectural standards listed in Section 5.4.2.H, may be erected on a legal lot not meeting the public street frontage requirement of the zoning district, subject to the following conditions:

1. At least 20 feet of frontage exists and will be utilized as access, or

2. A private road from the lot to a paved publicly maintained street is used which meets the following standards:

   • a. In cases where two or fewer primary homes will be served by the private drive the private drive will consist of four-inch aggregate base or equivalent to a width of 16 feet including adequate turnaround facilities when deemed necessary by the local fire district.

   • b. In cases where three or more primary homes will be served by the private drive, the private drive will consist of four-inch aggregate base or equivalent to a width of 20 feet including adequate turnaround facilities when deemed necessary by the local fire district.

3. Irrevocable Offers of Dedication to a width(s) acceptable to the County Engineering Division are granted to conform to an existing or proposed public street system.

4. Project proponents who desire a lesser standard may apply for a Special Development Permit, pursuant to Section 6.4.6.

1.9.2.D. C-1, C-2, LC, and GC Commercial Zoning Districts

In the C-1, Limited Commercial and C-2, General Commercial zones, a side street yard may be less than 56 feet in depth subject to the following conditions:

1. The lot is less than 90 feet in width.

2. The lot was recorded as a separate parcel of property prior to July 11, 1956.

3. The lot abuts on a lot which is in the C-l, C-2, M-l or M-2 zone.

4. The side street yard depth shall not be less than 25 feet. For rights-of-way with Public Utilities and Public Facilities Easement (PUPFs), the side street yard depth shall not be less than 31 feet.

1.9.2.E. Residential, Agricultural-Residential, Agricultural and Recreational Zoning Districts

1. In any AR-5, AR-10, AG-20, AG-40, AG-80, AG-160, A-5, or A-10 zone, or any of the above zoning districts with flood combining district (F), or other overlay zone as defined in this Code, one single-family dwelling and accessory uses may be erected on the property notwithstanding the required lot area or lot width provisions of this Code, only if either:

   • a. The property satisfies all of the following:

     • i. The property is a single lot which was legally created and recorded prior to the effective date of the ordinance changing the property to one of said zoning districts,

     • ii. The lot, as of January 15, 1988 was owned by an owner different from the owner of a lot or lots having a common boundary line with the single lot; and

     • iii. The requirements of Section 1.9.2.E.3 are complied with; or

   • b. The property satisfies all of the following:

     • i. The property is a group of lots, each of which was legally created and recorded prior to the effective date of the ordinance changing the property to one of said zoning districts,

     • ii. The property consists of all of the lots having a common boundary line which were in the same ownership as of January 15, 1988, up to and including the minimum number of lots necessary to meet the lot area and lot width provisions of this Code for the zoning district in which the group of lots is located, and

iii. The requirements of Section 1.9.2.E.3 are complied with.

2. In any AR-1, AR-2, residential, or recreation zoning district, as defined in this Code, a singlefamily dwelling and accessory uses may be erected on a single lot which was legally created and recorded prior to the effective date of the ordinance changing the property to one of said zoning districts, subject to the required lot area or lot width provisions of this Code and the requirements of Section 1.9.2.E.3.

R-2, residential, or recreation zoning district, as defined in this Code, a singlefamily dwelling and accessory uses may be erected on a single lot which was legally created and recorded prior to the effective date of the ordinance changing the property to one of said zoning districts, subject to the required lot area or lot width provisions of this Code and the requirements of Section 1.9.2.E.3.

3. Each lot described in Section 1.9.2.E.1.a and b and each group of lots described in Section 1.9.2.E.2 shall be deemed to be a legal nonconforming single-family dwelling site, subject to all yard requirements of the zoning district in which the lot is located, provided that the lot contains a minimum one acre gross area if neither public sewer nor public water is available. Accessory buildings, private stables and corrals, and accessory residential buildings shall be regulated pursuant to Section 3.9 and Section 5.4.5 of this Code.

4. The provisions of Section 1.9.2.E.1.a and b shall not apply to lots legally created after March 1972, pursuant to a land division created in compliance with the State Subdivision Map Act, provided the lot is a minimum one gross acre in size.

5. Existing legally established structures on parcels that do not meet the requirements of Sections 1.9.2.E.1 through 1.9.2.E.4 may be completely restored or rebuilt, provided all current development standards are maintained and upon issuance of the necessary building permits.

1.9.2.F.

Any lot or parcel which has been rezoned from A-1-A to A-1-B on or after April 17, 1974, and which at the time of the change in zoning complied with all of the requirements of A-1-A zone, shall be deemed to conform to the requirements of the A-1-B zone.

1.9.2.G.

Any lot or parcel which has been zoned from A-1-B to A-2-B on or after April 17, 1974, and which at the time of the change in zoning complied with all of the requirements of the A-1-B zone, shall be deemed to conform to the requirements of the A-2-B zone.

1.9.2.H.

In the RD-10 zone, as defined in this Code, a duplex may be erected on any legal lot not meeting the minimum area requirements of the zoning district, subject to Design Review by the Planning Director and the following conditions:

1. All yard requirements of the zoning district are met.

2. Public water supply and public sewerage facilities are available.

1.9.3.A. Continuation

[AMENDED 07-16-2020][AMENDED 01-10-2025]

Except as provided in Section 1.9.3.B and 1.9.3.O and subject to the provisions of Section 1.9.3.E, the nonconforming use of land or a conforming building or structure may be continued for a period of five years, and thereafter upon issuance of a Certificate of Nonconforming Use, pursuant to Section 6.5.2 and subject to all of the following restrictions:

1. Such land use or building use shall not be expanded or extended in any way either on the same or adjoining land.

2. Such land use or building use shall not be changed, except to a use which conforms to the regulations of the zoning district in which such land or conforming building is located.

3. Notwithstanding the provisions of Section 1.9.1.B, if such use is discontinued for a period of more than 90 days or as stipulated in a project-specific zoning ordinance or elsewhere in this Code, it shall not thereafter be re-established except as provided in section 1.9.3.A.3.(a) A use is considered discontinued (also known as vacancy period) if any of the following occur: the building space is unoccupied; if land area is vacant; or, if a business license is required, the license has expired or been closed; whichever occurs first.

   • a. A legal nonconforming use that has been deemed discontinued may be reinstated by the Planning Commission pursuant to Section 6.5.2, “Certificate of Nonconforming Use”

4. A conforming building or structure used in connection with a nonconforming use of land may be maintained or repaired subject to the limitation that any such repair or maintenance during any 12 consecutive month periods shall not exceed 25 percent of the current replacement cost of the conforming building or structure.

5. If the land use or nonconforming use of the building or structure requires either a general or special business license and such license is revoked, terminated or denied pursuant to Section 4.06.230 or 4.36.200 of the SCC, such use shall not thereafter be continued.

6. A conforming building or structure used in connection with a nonconforming use of land may not be restored or remodeled unless the use of such building or structure conforms to the regulations of the zoning district in which the underlying land is located.

1.9.3.B. Limitation

[AMENDED 01-10-2025]

Notwithstanding the provisions of Section 1.9.3.A, the nonconforming use of land shall comply with provisions of 1.9.3.F through 1.9.3.O, and shall:

1. Be discontinued immediately in the case where no buildings are employed in connection with such use; or

2. Be discontinued immediately in the case where the only buildings employed are accessory or incidental to the principal use of land and the replacement cost of such building does not exceed $1,000.00.

3. Be discontinued in the case where a massage enterprise or provider has allowed any of the following to occur: allowed special business license to lapse for a period of more than 30 days, or allowed the general business license to lapse for a period of more than 90 days, or if ownership of the business (massage enterprise) is transferred unless there is a valid Certificate of Nonconforming Use on file that allows for ownership transfer.

1.9.3.C. Lack of Required Off-Street Parking Space

Where the automobile parking space maintained on a lot, in connection with a building or structure at the time this Code became effective, is insufficient to meet the requirements of this Code; or where no parking space has been provided, the building or structure shall not be altered or enlarged to create additional dwelling units, seating capacity, floor area, or guest rooms, as the case may be unless additional parking space is supplied. Refer to Section 5.9.1, “General Provisions” for off-street parking.

1.9.3.D. Continued Occupancy of Mobile Homes

Persons who have been authorized to occupy mobile homes as permanent dwellings on property in the unincorporated area of Sacramento County and who on September 22, 1971, lawfully occupied the mobile home shall be permitted to continue said occupancy at the same location on the property on which the mobile home is located. Mobile homes legally established may be replaced, provided, however, on parcels of land two acres (gross) or smaller in size, the architectural standards set forth in Section 5.4.4 shall be met. Mobile homes or manufactured homes established in conformance to a Certificate of Mobile Home Compatibility issued by Sacramento County shall be considered legally conforming uses.

1.9.3.E. Continuation of Nonconforming Use of Land or Building

Amended January 1, 2017 & June 7, 2018 & March 27, 2019 & January 10, 2025

Except as provided in Section 1.9.3.B and 1.9.3.O or applicable project-specific zoning ordinance, the nonconforming use of land or buildings may be continued beyond five years from the date the use became nonconforming, upon issuance of a Certificate of Nonconforming Use (Certificate) by the appropriate decision authority pursuant to Section 6.5.2 or Zoning Verification Letter by the Planning Director, as specified in this Section.

1. A Zoning Verification Letter may be issued in place of a Certificate to confirm legal nonconforming status when a commercial, institutional, or industrial use has been made nonconforming through updates to the Code and:

   • a. The change did not include imposition of new or additional Use Standards,

   • b. The use is not one listed in Section 3.7.1.B, Table 3.7, or

   • c. The use is not one listed in Sections 1.9.3.L, 1.9.3.M, or 1.9.3.O.

The Zoning Verification Letter would not include conditions, expiration dates, or be subject to revocation.

2. The use permitted by the Certificate or described by the Zoning Verification Letter is subject to the restrictions set forth in Section 1.9.3.A.

1.9.3.F. Continuation of Use of Land or Buildings Made Nonconforming Due to Distance Limitations

Notwithstanding the provisions of Section 1.9.3.A, the use of land or a conforming building which is subject to a distance separation requirement from other specified uses that was legally established, but has been rendered nonconforming as a result of an incompatible use being established within the prescribed distance separation requirement, may continue subject to all of the following restrictions:

1. Such land use or building use shall not be expanded or extended in any way either on the same or adjoining land.

2. Such land use or building use shall not be changed, except to a use which conforms to the regulations of the zoning district in which the land use is located.

3. Notwithstanding the provisions of Section 1.9.3.A, if the nonconforming use is discontinued for a period of more than 90 days, it shall not thereafter be re- established.

4. A conforming building or structure, used in connection with a nonconforming use of land, may be maintained or repaired, subject to the limitation that any such repair or maintenance during any 12 consecutive month period shall not exceed 25 percent of the current replacement cost of the conforming building or structure.

5. If the use requires either a general or special business license and such license is terminated pursuant to Section 4.02.065, 4.02.070 or 4.02.075 of the SCC, such use shall not thereafter be continued.

6. A conforming building or structure, used in connection with a nonconforming use of land, may not be restored or remodeled unless the use of such building or structure conforms to the regulations of the zoning district in which the underlying land is located.

1.9.3.G. Alcohol Sales

Establishments that serve beer, wine and/or distilled spirits, and have obtained a special license for that purpose from the Department of Alcoholic Beverage Control (ABC), if lawfully established, shall be considered a permitted use, and shall not be required to obtain a Certificate of Nonconforming Use pursuant to Section 1.9.3.A. In the event that the type of ABC license for the address of the establishment is changed, the ABC license is transferred to a different address, or the use itself is expanded in any way, the use shall be subject to the regulations set forth in Table 3.1, Chapter 3.

1.9.3.H.

[DELETED 03-09-2016]

1.9.3.I. Dog Kennels and Veterinarian Hospitals

Dog kennels and veterinarian hospitals lawfully in place and located in the then A-1-A, A-2, A-5, and A-10 zones on June 30, 1972, shall be considered a “permitted use” of property within said zone. As a “permitted use”, the use shall be subject to all regulations applicable to such “permitted use” within said zone. Proof may be required that the establishment was lawfully in place as of June 30, 1972 in order to attain a “permitted use” status.

1.9.3.J. Convenience Store Operations [AMENDED 12-01-2017]

Provided that the conditions listed below are met in any commercial zoning district, or any zoning district, where lawfully established, a convenience store, neighborhood market, or a food market ancillary to a service station shall be considered a “permitted use”. As a “permitted use”, the use shall be subject to all regulations applicable to such “permitted use” required by the zoning district in which said property is located.

The subject business may operate regardless of the hours it is open and regardless of its location in relationship to the property line of residentially zoned property, or the location of a public or private school (kindergarten through the twelfth grade), provided that:

1. The use of convenience store, neighborhood market, or food market ancillary to a service station, was established on or before August 5, 1982; and/or

2. The hours of operation of the store, on August 5, 1982, were prior to 6:00 a.m. or were after 11:00 p.m.

In order to establish such use, a business must register this fact with Planning and Environmental Review by July 1, 1988, on a form provided by that office to declare such status.

Business so registered will be required by July 1, 1989, to have the business property in compliance with the then in effect (August 1982) development standards for the land use zone of that business on that date, unless notified by Planning and Environmental Review to comply at an earlier time.

1.9.3.K. Existing Cardrooms

Cardrooms in existence as of May 3, 1995 may continue to operate in accordance with the provisions of this Article, except that where cardrooms located within 500 feet of a residential zoning district propose to operate between the hours of 2:00 a.m. and 9:00 a.m., Sunday through Thursday, such businesses must first apply for and obtain a Conditional Use Permit approved by the Board of Supervisors.

1.9.3.L. Existing Adult Bookstores

Notwithstanding any provisions of the Code to the contrary, adult bookstores that were lawfully established in conformance with the Code, and which have continuously held a valid business license to operate an adult bookstore since such use was first established, may continue to operate subject to the restrictions set forth in Section 1.9.3.

1.9.3.M. Nonconforming Convenience, Minor, and Major Recycling Facilities [AMENDED 11-27-2015]

Any convenience, minor, and major recycling facility lawfully in use on the effective date of the amendment to this Code (Date November 27, 2015) may continue operations. Any convenience, minor, and major recycling facility which becomes nonconforming because of the amendment to this Code may continue to be used for a period of one year from the effective date of the amendment. Nonconforming recycling facilities in existence beyond one year are hereby illegal and a public nuisance and shall be abated as provided for in Title 16.18 of the SCC.

continue operations. Any convenience, minor, and major recycling facility which becomes nonconforming because of the amendment to this Code may continue to be used for a period of one year from the effective date of the amendment. Nonconforming recycling facilities in existence beyond one year are hereby illegal and a public nuisance and shall be abated as provided for in Title 16.18 of the SCC.

Convenience, minor, and major recycling facilities that are nonconforming to the standards contained in Section 3.8.5.D.2 and 3.8.5.D.3 may apply for a Certificate of Nonconforming Use, pursuant to Section 6.5.2 of this Code. Convenience facilities that are in operation as of November 27, 2015 and are not in compliance shall have until March 27, 2016 to submit an application for a Certificate of Nonconforming Use. The application shall be referred to the appropriate Community Planning Advisory Council and noticed to property owners within a 500-foot radius of the property line. The Planning Director shall be the appropriate authority to review and decide all applications for the Certificate of Nonconforming Use. Appeals of the decision of the Planning Director can be made to the Board of Zoning Appeals consistent with Section 6.1.3. Existing facilities with an approved Conditional Use Permit or Certificate of Nonconforming Use shall be subject solely to the terms of the Use Permit or Certificate, respectively.

1.9.3.N. Nonconforming Dwelling Units

Existing structures in residential zoning districts that do not meet the current definition of a dwelling unit are considered nonconforming uses. Within one year of the date of adoption of this Code, such use shall comply with the Code in effect or obtain a Certificate of Nonconforming Use pursuant to Section 1.9.3.E and Section 6.5.2. The application shall be referred to the appropriate Community Planning Advisory Council and noticed to property owners within a 500-foot radius of the property line.

1.9.3.O. Nonconforming Massage Establishments [ADDED 07-08-2016][AMENDED 01-10-2025]

1. Massage establishments that have obtained a Certificate of Non-Conforming Use prior to the effective date of this amendment (January 10, 2025) pursuant to Section 6.5.2 may continue to operate so long as they comply with all conditions of approval listed in their Certificate.

2. Massage establishments, lawfully in use on the effective date of the amendment to this code, that are non-conforming may continue to be in operation for a period of one (1) year from the effective date of the amendment (January 10, 2025). Establishments that wish to operate beyond one year must apply for Certificates of Non-Conforming Use pursuant to Section 6.5.2 prior to January 10, 2026. The application process shall include a referral to the appropriate Community Planning Advisory Council and notice to property owners within a 500-foot radius of the property line.

3. Non-conforming massage establishments in existence beyond one (1) year, without Certificates of Non-Conforming Use, shall be considered illegal and public nuisances and shall be abated as provided for in Titles 4.36 and 16.18 of the Sacramento County Code.

1.9.4.A. Repair, Maintenance, and Modification

A nonconforming building or structure may be maintained, repaired, and modified; however, for any period of 12 consecutive months, such maintenance, repair and modification shall not exceed 25 percent of the current replacement cost of the nonconforming building or structure and shall not expand, enlarge or change the use of the nonconforming portion of the building or structure (e.g. a change from non-habitable to habitable space). The criteria for determining the replacement cost may include the linear length of all existing walls (interior and exterior), square footage of the building, percentage of altered construction, actual construction valuation as determined by a California licensed appraiser, or any combination of the above.

1.9.4.B. Enlargements

A building or structure, nonconforming as to use, lot area, or yard width or depth regulations may be added to or enlarged upon a determination by the Planning Director that the proposed addition or enlargement thereto will not expand, enlarge or change the nonconformity and will otherwise meet the regulations of the zoning district in which it is located (e.g., a bedroom addition will meet all setback requirements), and the requirements of the Building Code. The remainder of the building or structure may remain nonconforming and shall not preclude the proposed enlargement. Upon a determination by the Planning Director, the modification of a nonconforming building or structure that otherwise meets the requirements of Section 1.9.4.A above may include an insignificant enlargement of the roof or walls to the extent reasonable necessary to achieve architectural design consistency with the conforming portion of the building or structure, so long as there is no increase to the footprint or in the amount of habitable space of the nonconforming building or structure.

1.9.4.C. Relocation

A nonconforming building shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move the building shall conform to the regulation of the zoning district in which it will be located after the move.

1.9.4.D. Restoration

This Section shall apply to all restoration of nonconforming buildings, structures, and bridges with the exception of those located within the Natural Streams zoning district. A nonconforming building or structure which is altered, damaged or partially destroyed to the extent of not more than 50 percent of its value at that time, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial alteration, damage or destruction, may be continued or resumed, provided the total cost of such restoration does not exceed 50 percent of the value of the building or structure at the time of such alteration, damage or destruction and such restoration is started within a period of one year and is diligently prosecuted to completion. Value may be determined using the same criteria to determine replacement cost in Section 1.9.4.A, above. In the event such alteration, damage or destruction exceeds 50 percent of the value of such nonconforming building or structure, no repair or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings. For Single-family Dwellings and Residential Accessory Structures, the criteria for determining the reconstruction of more than 50 percent of a building may include the linear length of all existing walls interior or exterior or square footage of the building.

1.9.4.E. Single-family Residences without Public Street Frontage

Any single-family residence constructed prior to January 1, 1979, on a lot or parcel without the required public street frontage, shall be a legal conforming building, provided that such building conforms in all other respects to the provisions of this Code and the SCC in effect on that date.

1.9.4.F. Existing Single-Family and Duplex Residences in Commercial, Industrial, IR and O Zones [ADDED 12-01-2016]

Notwithstanding Section 1.9.4.D. above, an existing legally established single family or duplex residence located in Commercial, Industrial, IR or O zone may be completely restored or rebuilt provided all current residential development standards are maintained, and upon issuance of the necessary building permits.

1.9.5.A. Application

Nonconforming signs shall be regulated by the provisions of this Section.

1.9.5.B. Extent of Regulation

The provisions of this Section shall apply to all zoning districts and Special Sign Corridors established at the effective date of this Code or thereafter established by amendment.

1.9.5.C. Continuation

Except as otherwise provided in this Section, any sign lawfully in use on the effective date of this Code may continue to be used for a period of five years. Any sign which becomes nonconforming because of an amendment of this Code may continue to be used for a period of five years from the effective date of such amendment.

1. Signs for nonconforming uses of land or building continuing beyond five years under the provisions of Section 1.9.3.B, “Limitation”, which are now located in an Agricultural, Agricultural-Residential, Residential, Interim Agricultural Holding, Interim Agricultural, Interim Estate, Interim Residential, or Interim Residential Townhouse zoning district, may have signs subject to a Use Permit approved by the Zoning Administrator.

1.9.5.D. Alteration and Maintenance of Nonconforming Signs

Nonconforming signs shall be kept in good repair and visual appearance during the five-year period the sign may be used. Structural alterations or modifications of any nonconforming sign are prohibited. Structural repair resulting in same size and shape is permitted subject to the provisions of Title 18 of the SCC.

1.9.5.E. Removal or Modification as a Condition of Rezoning

The Board of Supervisors may, as a condition of rezoning, require any nonconforming sign to be removed or altered so as to comply with the provisions of the new zoning district classification.

1.9.5.F. Nonconforming Directory Pole Signs

A directory pole sign, which becomes nonconforming because of the removal of advertising copy, may be made a conforming non-directory pole sign if a Use Permit is approved by the Planning Commission after application and public hearing.

1.9.5.G. Abatement

Nonconforming signs in existence beyond five years, as provided for by Section 1.9.5.C, are hereby illegal signs and a public nuisance and shall be abated as provided for in Title 18 of the SCC.

1.9.5.H. Exception for Off-Site Signs

Off-site signs, except directional subdivision signs and regional directional subdivision signs in industrial and commercial zoning districts that were lawfully erected pursuant to the Code in effect immediately prior to December 26, 1985 and which do not comply with Ordinance No. SZC85-124 shall be nonconforming signs, subject to the remedies in CA BPC §5412. The failure to have a Conditional Use Permit for an off-site sign as of December 26, 1985, shall not, by itself, cause a sign to become nonconforming.

1.9.6.A. Walls and Fences Seven Feet or Less in Height

See Section 5.2.5.F.

1.9.6.B. Walls and Fences Over Seven Feet in Height

Any wall or fence over seven feet in height shall be considered a “structure”, and shall meet the provisions of Section 1.9.4, pertaining to nonconforming buildings and structures.

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