San Diego County Municipal Code Part Six Nonconformity Regulations

The provisions of Section 6850 through Section 6899, inclusive, shall be known as the

Nonconformity Regulations. The purpose of these regulations is to control, ameliorate, or terminate uses which do not conform to the Zoning Ordinance. These regulations shall apply to all nonconforming uses and structures, except that nonconforming off-premise signs shall be subject to the Off-Premise Sign Regulations commencing at Section 6200; nonconforming on-premise signs shall be subject to the On-Premise Sign Regulations commencing at Section 6250, and substandard lots shall be subject to the Lot Size Regulations commencing at Section 4200.

(Renumbered and amended by Ord. No. 5508 (N.S) adopted 5-l6-79. Formerly 6950) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

Any nonconformity attributable only to the absence of a major or minor use permit may be removed by the securing of such permit, the application for which is allowed.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6951)

A nonconformity which is in existence prior to the effective date of the Zoning Ordinance or of any subsequent rezoning or other amendment thereto which creates such use or structure nonconformity, may be continued and maintained, except as otherwise specified in these Nonconformity Regulations. No expansion, extension, substitution or other change in activities and no alteration or other change in facilities is permitted except as expressly required by law or as expressly provided herein.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6952) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

None of the provisions of the Nonconformity Regulations restrict any authority to require modification or termination of any nonconformity which has been declared to be a nuisance by the Board of Supervisors.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6953)

Notwithstanding other provisions of the Nonconformity Regulations, or the provisions of a use permit authorizing the establishment of an owner- occupied independent mobilehome to the contrary, any owner-occupied independent mobilehome legally established pursuant to the former provisions of Ordinance 1402 may continue for an indefinite period from the date of original granting of a use permit therefore and may be altered or enlarged, or replaced with another mobilehome. Any mobilehome that replaces any such existing, legal nonconforming mobilehome shall bear insignia of approval issued by the appropriate state or federal agencies indicating compliance with applicable regulations. Any discontinuance of the use of a mobilehome subject to this section for a continuous period of 12 months shall be deemed to constitute an abandonment of any right to continue or maintain the use and any future use shall conform to the provisions of this ordinance.

(Renumbered and amended by Ord. No. 5508 (N.S) adopted 5-16-79. Formerly 6954.

Notwithstanding other provisions of the Nonconformity Regulations, existing non-conforming Eating and Drinking Establishments and Food and Beverage Retail Sales Uses which are not permitted uses in the zones in which they are located shall be permitted to expand to have accessory outdoor café seating subject to the requirements of Section 6158(a).

(Added by Ord. No. 9013 (N.S.) adopted 3-17-99)

Notwithstanding other provisions of the Nonconformity Regulations, or the provisions of a use permit authorizing the establishment of an owner- occupied independent mobilehome pursuant to the former provisions of Ordinance 1402, owner-occupied independent mobilehomes shall be permitted to establish the accessory uses, buildings and structures permitted in the underlying zone.

(Renumbered by Ord. No 5508 (N.S) adopted 5-16-79. Formerly 6955)

No use or structure lawfully established or erected prior to February 27, 1981 shall be deemed to be nonconforming due to lack of the required bicycle parking facilities.

(Added by Ord. No. 5976 (N.S.) adopted 1-28-81)

Any existing single-family dwelling meeting the definition of "Bed and Breakfast Home" as defined in this ordinance and as determined by the Director may continue operation after the effective date of this ordinance (July 18, 1986). Expansion, alterations, repairs or other change in facilities shall be allowed in accordance with Section 6869a. However, expansion of the nonconforming non-residential use shall not result in an increase in the number of bedrooms available for rent unless a Minor Use Permit is obtained as provided in Section 6156aa. Any existing single- family dwelling meeting the definition of "Host Home" as defined in this ordinance and as determined by the Director may continue operation after September 18, 1987. Expansion, alterations, repairs or other change in facilities shall be allowed in accordance with Section 6869a. However, expansion of the nonconforming non-residential use shall not result in an increase in the number of bedrooms available for rent unless a Minor Use Permit is obtained as provided in Section 6156bb.

(Added by Ord. No. 7160 (N.S.) adopted 6-18-86. Effective 7-18-86) (Amended by Ord. No. 7363 (N.S.) adopted 8-19-87) (Amended by Ord. No. 7515 (N.S.) adopted 7-13-88) (Amended by Ord. No. 9156 (N.S.) adopted 6-14-00)

a. Five Nonconforming Cannabis Facilities. Nonconforming Cannabis Facilities which were lawfully established before April 14, 2017, and documented by the Department include only facilities at the five following locations:

• 8157 Wing Ave, El Cajon, CA 92020 (APN 387-150-21-00)

• 736 Montecito Way, Ramona, CA 92065 (APN 281-521-13-00)

• 618 Pine St, Ramona, CA 92065 (APN 281-065-26-00)

• 1210 Olive St, Ramona, CA 92065 (APN 281-121-12-00)

• 8530 Nelson Way, Escondido, CA 92026 (APN 127-222-19-00)

b. Cannabis Activities. A Nonconforming Cannabis Facility may engage in Medical Cannabis Collective, Commercial Cannabis Microbusiness, or Commercial Cannabis Retailer activities as those terms are defined in Chapter 25 of Division 1 of Title 2 of the San Diego Code of Regulatory Ordinances. A Nonconforming Cannabis Facility operating as a Medical Cannabis Collective shall update its Operating Certificate before engaging in Commercial Cannabis Microbusiness or Commercial Cannabis Retailer activities.

c. Operation and Construction. Each of the five Nonconforming Cannabis Facilities may do the following:

1. Continue Operation. Continue operations beyond April 14, 2022.

2. Existing Facilities.

i. Repair, maintain, or alter existing structures.

ii. Add to one or more structures that were permitted before June 9, 2021, up to a cumulative total of 10,000 square feet in floor area.

3. New Construction or Conversion of Small Structures.

i. Construct a structure that will not involve the use of significant amounts of hazardous substances and will not exceed 2,500 square feet in floor area.

ii. In urbanized areas, as is defined in Section 15387 of Title 14 of the California Code of Regulations, construct up to four commercial cannabis buildings that will not involve the use of significant amounts of hazardous substances and will not exceed a cumulative total of 10,000 square feet in floor area.

d. Cumulative New Square Footage Limit. A Nonconforming Cannabis Facility may not build more than a cumulative total of 10,000 square feet of new floor area, either by an addition to an existing facility, new construction or conversion of small structures, or a combination thereof.

e. Ministerial Building Permits. Repair, maintenance, alteration, addition to an existing structure, or construction of a new structure in accordance with this section and used for cannabis purposes shall require approval of a ministerial building permit. Nothing within this Zoning Ordinance shall exempt Nonconforming Cannabis Facilities from the requirements of the Grading Ordinance.

f. Exemptions from Designators. Repair, maintenance, alteration, an addition to an existing structure, or construction of a new structure in accordance with this section and used for cannabis purposes shall be exempt from B and S Special Area Designators.

g. Expansions Above Cumulative New Square Footage Limit. A Nonconforming Cannabis Facility may build more than a cumulative total of 10,000 square feet of new floor area, either by an addition to an existing facility, new construction or conversion of small structures, or a combination thereof, upon approval of a Site Plan. Expansions above the cumulative new square footage limit shall not be exempt from any Special Area Designators.

h. No Visibility or Outdoor Use. Nonconforming Cannabis Facilities shall be designed, constructed, and operated such that no cannabis is visible from any location off the property on which a Nonconforming Cannabis Facility is located. All cannabis activities shall be enclosed within a building.

i. Other Nonconforming Regulations. Nonconforming Cannabis Facilities are not subject to any other nonconforming regulations outlined in the Zoning Ordinance.

j. Change to Conforming Use. The Five Existing Cannabis Facilities may continue to engage in all operations authorized as of August 19, 2026, or construction as allowed by this section (Section 6861). Any proposed expansion to include new cannabis facility types or construction beyond what is allowed by this section shall require a Nonconforming Cannabis Facility to transition to a conforming cannabis facility and require compliance with current County standards in Section 6995 Cannabis Facilities, and any additional permitting requirements required by the San Diego County Zoning Ordinance.

(Added by Ord. No. 10749 (N.S.) adopted 10-20-21) (Amended by Ord. No. 11015 (N.S.) adopted 8-19-26)

a. A nonconforming wind turbine, or a series of wind turbines, which meets the definition of “Wind Turbine, Non-Operational” in Section 1110 shall be removed within 60 days of becoming non-operational at the property owner’s expense, and the site shall be restored to a condition compatible with surrounding properties as determined by the Director. Upon written request by the Department of Planning and Development Services, the owner of a property on which a nonconforming wind turbine is located shall provide documentation to the satisfaction of the Director that the Director may use to determine the operational status of the wind turbine.

(Added by Ord. No. 7220 (N.S.) adopted 10-22-86) (Amended by Ord. No. 10261 (N.S.) and Ord. No. 10262 (N.S.) adopted 5-15-13)

Any existing custom manufacturing operation located in the A70, A72, S90 or S92 Zone meeting the definition of the "Custom Manufacturing Use Type" as set forth in this ordinance at Section 1610 and as determined by the Director may continue operation after September 13, 1991. However, the Nonconforming Regulations commencing at Section 6850 shall apply to such operations.

(Added by Ord. No. 7964 (N.S.) adopted 8-14-91) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

Any existing activity meeting the definition of a "Groundwater Extraction Operation", as determined by the Director, shall be considered a nonconforming use and may continue said operations after May 8, 1992. However, the Nonconformity Regulations commencing at Section 6850 shall apply to such operation.

(Added by Ord. No. 8050 (N.S.) adopted 4-8-92)

NONCONFORMING USES

a. Use Nonconforming Because it is Not a Permitted Use. Whenever a use which is nonconforming, wholly or partly because it is not itself a permitted use where it is located, discontinues active operation for a continuous period of l2 months, such nonconforming use shall not be resumed. Intent to abandon such use shall not be necessary to constitute such discontinuance. Related structures, if any are used, may be utilized thereafter only for a permitted use.

b. Use Nonconforming for Other Reasons. A nonconforming use which is itself a permitted use where it is located, and which is nonconforming only as to applicable off-street parking or loading requirements, performance standards, or other requirements applying to use and not structures, may be resumed regardless of the period during which it may have discontinued active operation.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6960) (Amended by Ord. No. 6268 (N.S.) adopted 4-14-82) (Amended by Ord. No. 7575 (N.S.) adopted 1-11-89)

a. If a structure containing any nonconforming use is damaged or destroyed said structure may be reconstructed, repaired or rebuilt to the predamaged size as lawfully existed prior to the damage or destruction.

b. Notwithstanding the provisions of subsection a. above, if the structure containing a nonconforming use includes two or more dwellings and is damaged or destroyed, said dwellings may be reconstructed, repaired, or rebuilt to their predamaged size and number of dwelling units (pursuant to Section 65852.25 of the Government Code).

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6961) (Amended by Ord. No. 7935 (N.S.) adopted 6-19-91) (Amended by Ord. No. 8407 (N.S.) adopted 5-18-94) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 10162 (N.S.) adopted 8-3-11)

If the structures containing a condominium or stock cooperative, as defined by Section 1351 of the California Civil Code, that are nonconforming with regard to density, are damaged or destroyed, said structures may be reconstructed, repaired or rebuilt so as to retain the same number of dwelling units as lawfully existed prior to the damage or destruction.

(Added by Ord. No. 8581 (N.S.) adopted 9-20-95)

a. Structure Containing a Nonconforming, Nonresidential Use.

1. If less than 50 percent of an individual structure is occupied by a nonresidential use which is not a permitted use where it is located, the structure may be repaired, altered, and expanded so long as the area occupied by the nonconforming use is not relocated within the structure or on the premises, and is not expanded except as permitted by Section 6871.a.

2. If 50 percent or more of an individual structure is occupied by a nonresidential use which is not a permitted use where it is located, the structure shall not be expanded. No structural alterations or repairs shall be made to such a structure except:

i. Repairs or alterations which are permitted by Sections 6867 or 6869, or required by law.

ii. Repairs or alterations, the cost of which does not exceed 20 percent of the replacement value of the structure in any one year.

b. Structure Containing a Nonconforming Residential Use.

A building containing a residential use which is not a permitted use where it is located may be repaired, altered, or enlarged, including the addition of detached accessory structures, and the area and boundaries of a parcel containing such a building may be altered, provided that:

1. Such alterations or enlargement shall conform to other applicable regulations, and

2. Such alteration or enlargement does not increase the number of dwelling units, or in the case of Group Residential Use Types, an increase in the bed capacity, which existed on the lot or parcel at the time such use became nonconforming; and

3. Such alteration or enlargement does not reduce the number of existing or required parking spaces and access thereto.

c. Use Nonconforming as to Off-Street Parking or Loading. A structure which is nonconforming only as to off-street parking or loading requirements, may be expanded only pursuant to the requirement of Section 6753(c).

d. Use Nonconforming for Other Reasons. Any structure, used for a use which is itself a permitted use where it is located and which is nonconforming only as to performance standards or other requirements applying to uses, may be expanded in any way which does not result in a greater degree of nonconformity with respect to such requirements.

e. Restrictions Additive. Any restrictions on the expansion of a structure used for a nonconforming use shall be in addition to restrictions on nonconforming structures. In case of conflict, the most restrictive provisions shall apply.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6962) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80) (Amended by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6940 (N.S.) adopted 4-10-85)

Nonconforming uses that are nonconforming due only to the lack of a required Major Use Permit may be modified in accordance with the following provisions:

a. INTENT. The intent of this section is to provide flexibility to modify permitted uses that were legally established prior to the requirement of a Major Use Permit. It is not the intent of this section to allow modifications for which a Variance or a use permit would otherwise be required by the Zoning Ordinance.

b. REQUIRED FINDINGS. Modifications may be authorized only after finding that:

1. The use was legally established prior to the requirement for a Major Use Permit; and

2. The requested modification does not constitute a substantial change to the use; and

3. The requested modification will not adversely affect adjacent property or property owners.

4. There is no increase in the size of the parcel.

5. The buildings are located in substantially the same location as shown on the plot plan.

c. IMPROVEMENT REQUIREMENTS. Public improvement conditions shall be based on the extent of the modification.

d. PROHIBITED MODIFICATION. No modification shall be authorized which would permit one or more of the following:

1. An increase or decrease of more than 10 percent of the gross area of any yard, open space, working area or parking area, provided that no decrease may be permitted in any required yard for which an exception pursuant to Section 4813 or a variance is required;

2. An increase or decrease of more than 10 percent of the site of any building or structure or of the total land area covered by any building or structure;

3. An increase or decrease of more than 10 percent of the height of any building or structure or of any part thereof, or of the depth or area of an excavation, slope or working area; or

4. An increase in the number of buildings or structures so as to increase by more than 10 percent the total land area covered by all buildings and structures.

e. GROUNDWATER EXTRACTION OPERATION. A nonconforming Groundwater Extraction Operation, established as nonconforming pursuant to Section 6864, may be modified, in addition to other modifications that would be allowed by this section, to allow an increase in the amount of water exported or to change the location or method of off- site distribution, provided the findings required by subparagraph b. can be made.

f. PROCEDURE. The application, fee and hearing procedure shall be as prescribed for the modification of a major use permit.

Obtaining of an administrative permit pursuant to Section 6158(e) for salvaged concrete, asphalt and rock recycling in conjunction with legally nonconforming mining and processing use types shall be exempt from these provisions.

(Added by Ord. No. 6983 (N.S.) adopted 7-03-85) (Amended by Ord. No. 8034 (N.S.) adopted 2-26-92) (Amended by Ord. No. 8050 (N.S.) adopted 4-8-92)

a. Nonresidential Uses. A nonresidential use which is nonconforming because it is not a permitted use where it is located, may be expanded subject to the following provisions:

1. The use shall not be expanded by more than 50 percent of its original floor area, into any other portion of the structure which existed at the time the use became nonconforming.

2. The overall outside dimensions of the portion of any structure devoted to such use shall not be increased, and no outdoor or drive-in sales, display, service, production, or storage or other area accommodating or serving such use shall be established, relocated or increased in size;

3. New signs may be provided for the use, but the aggregate area of display surface of all signs serving such use shall not be increased;

4. All requirements for off-street parking and loading space shall be met for the original area as well as for the expansion.

b. Residential Uses. A nonconforming residential use may be expanded throughout the lot, parcel or building it occupies provided that the requirements of Section 6869.b are met.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6964) (Amended by Ord. No. 5786 (N.S.) adopted 6-4-80)

Except as otherwise provided by law, a nonconforming use not located in a structure shall not be relocated to a different site or location on the same lot nor shall it be enlarged to occupy or use more land than was occupied or used by the use when it first became nonconforming.

(Added by Ord. No. 7740 (N.S.) adopted 3-28-90)

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6965) (Amended by Ord. No. 6654 (N.S.) adopted 9-12-83) (Repealed by Ord. No. 7575 (N.S.) adopted 1-11-89)

a. Conversion to Use Not Requiring a Use Permit. Any nonconforming use may be converted to a use permitted in the zone.

b. Conversion to Use Requiring a Use Permit. Any nonconforming use may be converted to a use requiring a Minor Use Permit or a Major Use Permit in the zone upon the granting of the use permit.

c. Resumption of Nonconforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use shall not be resumed.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6966)

Any nonconformity which has been removed because it was converted to a permitted use by securing a major or minor use permit relinquishes all former nonconforming rights when said permit is granted and the permittee commences operation or use thereunder. This section shall apply to all such use permits, including those granted prior to the effective date of this section.

(Added by Ord. No. 6761 (N.S.) adopted 4-25-84) (Amended by Ord. No. 6855 (N.S.) adopted 10-10-84) (Amended by Ord. No. 7575 (N.S.) adopted 1-11-89)

Dairies that were in operation and whose herd size exceeds current zoning limitations, as of December 15, 1986 shall be permitted to maintain the following numbers of bovine animals on site:

This dairy shall be required to obtain approval of a Major Use Permit prior to expansion of the herd size to a number greater than that permitted above or prior to a reduction in site area without a proportionate decrease in herd size, unless said dairy is reclassified to a zone permitting such expansion.

(Added by Ord. No. 7354 (N.S.) adopted 8-5-87) (Amended by Ord. No. 10463 (N.S.) adopted 4-14-17)

(Added by Ord. No. 7878 (N.S.) adopted 3-6-91) (Repealed by Ord. No. 9246 (N.S.) adopted 8-9-00)

Horse Stables that were in operation prior to the adoption of the Zoning Ordinance on October 18, 1978 that have been documented by the Department, shall be permitted to maintain the following numbers of horses on the site acreage as long as the use continues without interruption pursuant to section 6865:

An expansion of use at these stables only requires the necessary permit for the expanded area(s) outside this specified site acreage and numbers of horses in addition to these specified numbers since October 18, 1978. The prior use is considered a nonconformity, is here documented and may continue in operation as such pursuant to section 6852.

(Added by Ord. No. 10285 (N.S.) adopted 9-11-13)

NONCONFORMING STRUCTURES

Whenever a structure which is nonconforming is vacated and remains unoccupied for a continuous period of 12 months, the facility may not be reused unless it is to conform to The Zoning Ordinance. This provision shall not apply if only a part of the structure is vacated.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6970)

a. If a nonconforming structure is damaged or destroyed by fire, wind, earthquake, flood, or other accidental cause beyond the control of the owner, to the extent that the cost of reconstruction, repair, or rebuilding will exceed 75 percent of the replacement valuation of the structure immediately prior to the damage or destruction, as determined by the Building Official pursuant to Section 51.0107 of the County Code, the structure may not be restored. If such reconstruction, repair, or rebuilding would constitute 75 percent or less of the replacement valuation of the structure immediately prior to the damage or destruction, as determined above, such structure may be restored and the previous occupancy may be renewed. If restoration and renewed occupancy is permitted pursuant to this Section 6881, a building permit for such restoration must be obtained within one year after the damage or destruction. If it is not, the structure is considered to be abandoned and cannot be restored, and the previous occupancy cannot be renewed.

b. Notwithstanding the provisions of subsection a. above, if the structure contains two or more dwellings and is damaged or destroyed as described in subsection a., said dwellings may be reconstructed, repaired, or rebuilt to their predamaged size and number of dwelling units (pursuant to Section 65852.25 of the Government Code). However, if said structure is located in an area zoned with industrial use regulations, then the provisions of subsection a. above shall apply.

c. Notwithstanding the provisions of subsection a. above, if a structure (not covered by subsection b. above) was damaged or destroyed by a natural disaster that has been proclaimed by the Board of Supervisors as a local emergency, the structure may be reconstructed or repaired, provided that the reconstructed or repaired structure shall not exceed the size, number of dwelling units, or extent of nonconformity of the structure damaged or destroyed, except as provided in Section 6883.

d. Once a nonconforming structure, or the nonconforming portion of a structure, is voluntarily demolished or removed by the owner or owner’s agent, said nonconformity shall not be restored. Any structure, or that portion of the structure, which is rebuilt or replaced shall conform to all applicable sections of this ordinance.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6971) (Amended by Ord. No. 7935 (N.S.) adopted 6-19-91) (Amended by Ord. No. 8897 (N.S.) adopted 3-18-98) (Amended by Ord. No. 9658 (N.S.) adopted 6-23-04) (Amended by Ord. No. 10359 (N.S.) adopted 10-29-14)

Ordinary repairs and alterations may be made to a nonconforming structure provided that in any one year period the costs of such work shall not exceed 20 percent of the replacement valuation of the nonconforming portion of the structure immediately prior to the repairs and/or alterations, as determined by the Building Official pursuant to Section 51.0304(a) of the County Code.

Substantial renovation or alteration of a nonconforming structure, as determined by the Director, is not allowed.

(Added by Ord. No. 7935 (N.S.) adopted 6-19-91)

A nonconforming structure may be expanded in any manner if the expansion complies with all of the following requirements:

a. The expanded portion of the structure conforms to all requirements of this ordinance.

b. No new nonconformity is created.

c. The degree of any existing nonconformity is not increased.

d. Any alteration or repair of the nonconforming structure resulting from its expansion shall be in conformance with Section 6882 of The Zoning Ordinance.

Note: See Section 6886 for the allowance for expansion of nonconforming dwellings into certain required yards.

(Renumbered and amended by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6973) (Amended by Ord. No. 7935 (N.S.) adopted 6-19-91) (Amended by Ord. No. 8864 (N.S.) adopted 12-17-97)

Notwithstanding Section 6881, if a nonconforming structure is demolished by the owner pursuant to Section 51.605 of the County Code relating to unreinforced masonry buildings, the 75 percent of replacement value limitation shall not apply and such structure may be entirely demolished without losing its nonconforming status provided that the structure is rebuilt in the exact same location and within the footprint of the demolished building. The rebuilt structure shall not exceed the number of stories, the square footage, or the height of the demolished structure. A nonconforming structure which is rebuilt pursuant to this Section 6884 shall comply with current zoning requirements except for setback, parking and landscaping requirements.

The minimum setback, parking and landscaping requirements for the rebuilt structure shall be those which were in existence for the demolished structure prior to its demolition as determined by the Director. If a building is demolished and reconstructed pursuant to this Section 6884 and Section 51.605 of the County Code, the previous occupancy may be renewed.

(Added by Ord. No. 7935 (N.S.) adopted 6-19-91)

Any portions of a nonconforming structure which is changed to conform to the regulations of the zone where located shall not be changed back to a nonconforming condition.

(Renumbered by Ord. No. 5508 (N.S.) adopted 5-16-79. Formerly 6974)

Notwithstanding Section 6882 or 6883, nonconforming dwellings (including any attached garage) may be expanded into a required rear or interior side yard if all of the following requirements are met:

1. The existing nonconforming dwelling shall conform to the building setback that was in effect at the time of its construction.

2. No expansion shall encroach nearer to a property line than the existing dwelling.

3. The expansion shall not exceed the height, and 50% of the square footage, of the existing portion of the dwelling within the required rear or interior side yard setback.

4. The expansion shall maintain, at a minimum, 50% of the present setback requirement or a setback of 5 feet, whichever is greater.

(Added by Ord. No. 8864 (N.S.) adopted 12-17-97)

NONCONFORMING: ENCLOSURE, FENCING & LANDSCAPING REGULATIONS

a. Every nonconforming Commercial or Industrial Use subject to the use, enclosure, or special area regulations listed in Column 1 of the following table shall conform to enclosure, fencing, and landscaping regulations set forth in Column 2:

(Added by Ord. No. 5809 (N.S.) adopted 6-18-80, operative 9-1-80)

b. Uses subject to subsection "a" above shall conform to the applicable enclosure, fencing, or landscaping requirements within two years after becoming subject to this section. Uses subject to this section which were also subject to Section 513.5 of the former Zoning Ordinance (Ordinance 1402 N.S.) shall conform to the requirements of this section not later than December 29, 1980.

c. A Major Use Permit may be granted to allow substitution of alternative means of enclosure, fencing, landscaping buffering or operation of a nonconforming uses, provided that such alternative means would lessen any adverse impact of the nonconforming use on the surrounding residents and properties at least to the same degree as full compliance with the applicable enclosure, fencing, and landscaping requirements.

d. The Director may exempt a nonconforming commercial or industrial use from the requirements of this Section, provided that the owner of the subject property executes an irrevocable, recorded agreement to terminate the nonconforming use not more than five years after becoming subject to this Section. Uses exempted pursuant to this Section which were also subject to Section 513.5 of the former Zoning Ordinance (Ordinance 1402 N.S.) shall be terminated not later than December 29, 1983. The exemption may be approved subject to such terms and conditions as the Director deems appropriate to carry out the intent of this Section.

e. Compliance with the requirements of this Section or the granting of a permit or exemption pursuant hereto does not change an otherwise nonconforming use or building into a conforming use or building.

(Renumbered and amended by Ord. 5508 (N.S.) adopted 5-16-79. Formerly 6975)