Chapter 9-405 — Nonconformity Provisions

The purpose of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the development standards and use regulations of this Title. This Chapter permits those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. It also distinguishes between incompatible nonconformities that are detrimental to public health, safety, and general welfare and nonconformities that are economically productive and compatible with surrounding development despite being inconsistent with the long-term future of an area, as expressed in the General Plan, the use regulations or the development standards of this Title or any applicable specific plan.

This Chapter applies to structures, land, and uses that have become nonconforming by adoption of this Development Title or prior versions of this Development Title, as well as structures, land, and uses that become nonconforming due to subsequent amendments to the Development Title's text or to the Zoning Map or adoption of a specific plan. Nonconforming uses also include uses that were previously permitted by-right, but are now subject to a discretionary permit, such as an Administrative Use Permit or a Conditional Use Permit.

Nonconforming structures, land, and uses are declared to be incompatible with permitted structures, land, and uses and the corresponding standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted by this Chapter.

(a)

For Limited Parking. Residential structures with at least one parking space per dwelling unit are not considered nonconforming solely due to inadequate parking.

(b)

For Certain Residential Uses.

(A)

Any residential structure that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a conforming structure if located in a zone that permits residential uses, even if the zone no longer permits the type or number of residential structures. Such structure may be enlarged with a building permit.

(B)

Any residential structures that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a non-conforming structure if located in a zone that does not permit residential uses. Such structure may be enlarged up to 50 percent of the existing floor area with a building permit but no discretionary review. Additions exceeding 50 percent of the existing floor area may be approved, subject to a Zoning Compliance Review and any such enlargement or a replacement of such use must conform to this Title and any applicable Specific Plan or Special Purpose Plan.

(c)

For Certain Nonconforming Features. A use, lot, or structure shall not be deemed nonconforming solely because it does not conform with standards for fencing and screening, landscaping and planting requirements, parking and loading, setbacks, standards for projections above the top of buildings, or restrictions on features allowed in required yards and setback areas, or because of other deviations from the requirements of this Title or any applicable specific plan that are determined to be minor by the Zoning Administrator.

(d)

For Specific Repairs and Improvements. This Chapter does not prevent repairs, improvements, or maintenance, including in replacement of building features, that are necessary to comply with this Title or to strengthen or restore to a safe condition any building, structure, or part thereof declared to be unsafe by the Building Official.

(Ord. No. 4632, § 13, 9-26-2023)

A nonconforming use that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;

(2)

If the nonconforming use is conducted wholly or partially within a conforming structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled up to 25 percent of the existing floor area subject to a Zoning Compliance Review. Additions exceeding 25 percent of the existing floor area may be approved, subject to an Administrative Use Permit; and

(3)

If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than 18 consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located, and the nonconforming use may not thereafter be resumed.

(b)

Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a conforming structure may be changed to another nonconforming use within that structure, subject to the following:

(1)

If the nonconforming use is changed to another nonconforming use classified within the same use type and the Zoning Administrator determines that additional off-street parking and loading space is not needed for this change, no permit or approval shall be required.

(2)

A Zoning Compliance Review shall be required for all changes other than those described in Subsection (c) (1) above.

(3)

A change subject to a Zoning Compliance Review shall be allowed only if the Zoning Administrator finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Zoning Administrator may impose conditions and an amortization period for the new use.

(4)

No nonconforming use shall be changed to a different nonconforming use.

(d)

Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use that is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(e)

Abandonment of a Nonconforming Use. No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 18 months.

(1)

Special Circumstances. A nonconforming use is not considered abandoned following damage from a catastrophic event, a state of emergency, a pandemic, or a casualty event provided that the business owner is actively engaged in restoring the use. Moreover, the 18-month period does not include the period between the date the County notifies the owner that the application for reconstruction of the use has been found to be complete and the date the County's action on the application becomes final or the date the building permit issued by the County for the reconstruction expires, whichever is later.

(2)

Exceptions. The nonconforming status of a single-unit dwelling shall not lapse, regardless of the length of time of non-use.

(Ord. No. 4683, § 10, 12-9-2025)

A nonconforming structure that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2)

Such structure may be added to or enlarged within the yard setback areas, provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than 100 percent. Expansions within the setback area that are greater than 100 percent require an Administrative Use Permit; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

(b)

Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the development standards and other requirements of this Title for the zone in which the lot is located.

(c)

Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(d)

Structural Repairs. Structural repairs may be undertaken without discretionary review when the cost of such work does not, within a 12-month period, exceed 75 percent of the replacement cost of the nonconforming structure as determined by the Building Official. All other structural repairs require an Administrative Use Permit.

Notwithstanding any other provision of this Chapter, a building, structure, or site listed on the National Register of Historic Places, or registered as a State Historical Landmark, or designated as a County Landmark or historic resource shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with Federal and State regulations regarding historic buildings, structures, or sites and the provisions of Chapter 9-705, Historic Districts and Landmarks.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

A use that was established without obtaining required permits shall be deemed a conforming use only if all of the following conditions are satisfied:

(a)

Conformance to Development Title. The use shall comply with all applicable requirements of the Development Title that would have been required at the time the use was established unless a variance or

waiver is obtained pursuant to Chapters 9-805 and 9-806, respectively.

(b)

Permits. The following permits shall be required:

(1)

If the use is permitted in the zone where it is located, a Zoning Compliance Review shall be required; if the use requires an Administrative Use Permit or a Conditional Use Permit in the zone where it is located, then that permit shall be required.

(2)

Other permits that normally would have been required at the time the use was established shall be obtained.

Chapter 9-406 - Parking and Loading