§ 23.09

The purpose of these regulations is to control, improve or terminate uses that do not conform to the Land Use Ordinance.

Nonconforming use includes any of the following that were lawfully established before the effective date of this title, or amendment to this title that caused the use to become nonconforming:

a.

Nonconforming use of land:

(1)

A use of land established where such use is not identified as an allowed, special use or principally permitted use ("A" or "S" or "P" use) by Table O, Part I of the Land Use Element.

(2)

A use of land that is identified as an allowed or special use by Table O, Part I of the Land Use Element, but:

(i)

Is not allowable on the particular site because of planning area standards of the Land Use Element; or

(ii)

Was lawfully established without the land use permit now required by this title; or

(iii)

Is operated or conducted in a manner that does not now conform with standards of this title relating to minimum site area, limitations on use, or location criteria.

(3)

A residential use which exceeds the number of dwelling units allowed on the site by this title.

b.

Nonconforming building, structure or site development:

(1)

A building or structure that was established or is conducted in a manner which does not conform with standards or permit requirements of this title relating to setback requirements, height limitations or sign requirements; or

(2)

A building or structure that does not conform with one or more standards of Title 19 of this code (the Building and Construction Ordinance).

(3)

A site that is developed and/or laid out in a manner that does not conform with standards of this title relating to site access location, parking and loading, landscaping, screening, fencing, signs, solid waste collection and disposal, exterior lighting, fire safety or underground utilities.

[Amended 1993, Ord. 2649]

A nonconforming use as defined by Section 23.09.012, which was established before the effective date of this title or before any subsequent amendment which creates such nonconformity, may be continued and maintained as allowed by Sections 23.09.026 (Nonconforming Uses of Land) and 23.09.030 (Nonconforming Buildings, Structures or Site Development). Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

Nothing in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued and for which substantial site work (Section 23.02.042) was lawfully completed before the effective date of any amendment to this title which creates a nonconformity.

Any nonconforming use of land (Section 23.09.012a) may be continued as follows, except as provided by Section 23.09.033 (Destroyed Structures and Signs):

a.

Expansion of existing use: The use may not be enlarged, increased, or extended to occupy a greater area of land than was occupied by the use on the effective date of this title or amendment to this title which created a nonconformity, except as otherwise provided by this section. No land use, identified by Coastal Table O, Part I of the Land Use Element, shall be established on the site in addition to the nonconforming use of land, except:

(1)

Where the nonconforming use is first brought into conformity with all applicable provisions of this title and Title 19 of this code prior to application for a new conforming use; or

(2)

Where Development Plan approval authorizes a new use to be established subject to:

(i)

Conditions of approval which require that the nonconforming use be brought into conformity within a specific time to be determined by the Planning Commission, not to exceed three years; or

(ii)

Findings by the Planning Commission that the proposed new use is independent from the nonconforming use and will not act to prolong the nonconforming use.

b.

Maintenance, repair and alteration. A building or structure that constitutes a nonconforming use of land may undergo necessary repairs and maintenance consistent with the provisions of Section 23.09.033 (Destroyed Structures and Signs), but shall not be altered except for non-structural changes in the appearance of the building. Structural changes shall occur only where needed to correct conditions that have been determined by the building official to be hazards to the health or safety of users of the building or structure.

c.

Discontinued use: If a nonconforming use of land is discontinued for a period of six months or more, or a nonconforming use of land in a building designed exclusively for the use (e.g., a service station) is discontinued for 12 months or more, any following use shall be in conformity with all applicable requirements of this title, except as provided by Section 23.09.036 (Nonconforming Parking).

d.

Single-family dwelling: A detached single-family dwelling existing as a principal use, and any accompanying residential accessory uses (as defined by Chapter 7, Part I of the Land Use Element), may be continued as residential uses subject to subsection b. of this section, and may be altered, provided that no increase in the number of dwelling units, or aggregate increase greater than 25 percent in the usable floor area occurs. Additional residential accessory uses may also be established on the site as part of the allowed 25 percent expansion. Any expansion pursuant to this standard shall be in accordance with all applicable provisions of Chapter 23.04, 23.05, 23.07 and 23.08 of this title.

e.

Destroyed structure: When a structure that constitutes a nonconforming use of land is destroyed or partially destroyed, its restoration is subject to Section 23.09.033 (Destroyed Structures and Signs).

f.

Nonconformity due to lack of land use permit: Any nonconforming use which is nonconforming only because of the absence of a land use permit shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required land use permit. The use shall be deemed a conforming use upon securing the approval of such permit. Proposals for farm support quarters pursuant to Section 23.08.167 of this title shall not be deemed an enlargement, alteration or extension of the existing use for purposes of this subsection.

g.

Nonconforming Use of land in a conforming building or structure: The use of a building which is in conformity with the provisions of this title for a nonconforming use of land may be continued and may be

extended throughout the building provided no structural alterations to the building are made except those required by law.

[Amended 1992, Ord. 2540; 1992, Ord. 2547; 1995, Ord. 2715]

Any nonconforming building, structure or site development as defined by Section 23.09.012b may continue to be used as provided by this section (and Section 23.09.032 in the case of nonconforming signs) where the structure was established and has been maintained in a lawful manner and condition.

a.

Nonconforming buildings or structures - Expansion or alteration. The floor area or the footprint of a nonconforming building or structure shall not be increased, nor shall any structural alteration occur, except:

(1)

Proposed alterations or expansions consistent with all applicable provisions of this title, when accompanied by any additional alterations necessary to bring the entire building or structure into conformity with all applicable provisions of Title 19 of this code.

(2)

Minor alterations which are determined by the building official to be necessary to improve or maintain the health and/or safety of the occupants, or are required by law.

(3)

Restoration of destroyed or partially destroyed nonconforming buildings or structures, subject to Section 23.09.033 (Destroyed Structures and Signs).

The establishment of additional conforming buildings, structures or uses on the site may be allowed as provided by subsection b. of this section.

b.

Additional buildings, structures or uses. Separate conforming buildings, structures and uses of land may be established on the same site as a nonconforming building or structure, as follows:

(1)

Permit requirement: Minor Use Permit for all uses except farm support quarters, unless this title would otherwise require Development Plan approval for the proposed additional building, structure or use. Site Plan approval for farm support quarters unless this title would otherwise require Development Plan or Minor Use Permit approval.

(2)

Criteria for approval. The approval body shall not grant a Minor Use Permit pursuant to this section unless it first determines that the existing building or structure satisfies the following requirements, or will be modified to meet such requirements as a result of conditions of approval.

(i)

The existing building or structure shall be brought into conformity with all applicable provisions of Sections 23.05.080 et seq. (Fire Safety), Chapter 23.06 (Operational Standards), and provisions of Chapter 23.07 of this title relating to Airport Review, Flood Hazard and Geologic Study Areas.

(ii)

The building or structure shall conform with all applicable provisions of Title 19 of this code and the Uniform Building Code regarding the location of buildings on property and the fire resistiveness of exterior walls, parapets and roofs.

The approval body may also require through conditions of approval that the nonconforming building or structure be brought into compliance with any applicable provisions of this code if they find that such correction is necessary to enable making the findings required for the approval of a Minor Use Permit or Development Plan by Sections 23.02.034c(4)(iii) through (v) of this title, or to avoid other anticipated problems with the new proposed use.

c.

Substitution of use: A use of land on a site with a nonconforming building or structure or nonconforming site development may be replaced with another use only as follows:

(1)

Substitution shall occur only when the new use is identified as an allowable (an "A", "S" or "PP" use) by Coastal Table O, Part I of the Land Use Element; and

(2)

The new use is established pursuant to the permit requirements and all other applicable provisions of this title, except:

(i)

Modifications or alterations to the building may occur as provided by Section 23.09.030a; and

(ii)

Where the building or site does not conform with the parking standards of Section 23.04.160 et seq. (Parking), substitution shall satisfy the provisions of Section 23.09.036 (Nonconforming Parking) instead of Sections 23.04.160 et seq.

[Amended 1992, Ord. 2540; Amended 1992, Ord. 2547]

23.09.032 - Nonconforming Signs.

The use of a legal nonconforming sign may be continued as follows, except as otherwise provided by Section 23.09.030c (Substitution of Use):

a.

Expansion - free standing sign: Shall not be increased in area or lighting intensity; or moved from its location on the effective date of this title or amendment to this title which created a nonconformity, unless relocated pursuant to this title.

b.

Attached sign: A nonconforming sign affixed to a structure shall not be:

(1)

Increased in area;

(2)

Moved from its location on the effective date of this title unless required by law or pursuant to this title;

(3)

Be provided with increased or intensified lighting;

(4)

Changed to an advertisement for a business not occupying the premises or a product not sold on the premises.

c.

Sign copy: The advertising copy on a nonconforming sign may be changed, except as provided by subsections b., d. and e. of this section.

d.

Discontinued use: If the use of a building or land associated with a nonconforming sign is discontinued, any signs except for an off-premise sign shall thereafter conform to Section 23.04.300 et seq. (Signing). Once a nonconforming off-premise sign is removed from a site, it shall not be reconstructed or replaced.

e.

Public nuisance: Any nonconforming sign that is found to present a danger to the public or becomes unsightly because of disrepair or lack of proper maintenance may be declared a public nuisance by the Planning Commission and abated as set forth in Chapter 23.10 (Enforcement).

f.

Destroyed sign. Restoration of a destroyed or partially destroyed nonconforming sign is subject to Section 23.09.033 (Destroyed Structures and Signs).

The replacement of a destroyed nonconforming building, structure or sign shall occur only as allowed by this section.

a.

Replacement of destroyed non-residential structures:

(1)

If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 23.09.026) or a nonconforming sign is destroyed or partially destroyed to the extent of 75 percent or more of the replacement cost (as determined by the County Fee Ordinance) of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed only when the use, structure or sign and the site on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title.

(2)

If a nonconforming use, structure or sign is partially destroyed to less than 75 percent of its replacement cost, it may be restored to its former nonconforming status.

b.

Replacement of destroyed dwellings. Replacement of a destroyed dwelling which was a nonconforming building or was located on a parcel with nonconforming site development is subject to the same requirements that are applied to non-residential structures by subsection a. of this section. Replacement of a destroyed dwelling which was a nonconforming use of land is instead subject to the following requirements:

(1)

Permit requirement: Minor Use Permit.

(2)

Required findings - Farm support quarters. A Minor Use Permit to allow the replacement and restoration of destroyed farm support quarters to their former nonconforming status shall be approved only where the applicable approval body can first find that:

(i)

The farm support quarters was being used for the housing of farm or ranch workers employed on the same site at the time of its destruction.

(ii)

Agricultural operations on the site are the same as or are more intensive than the agricultural use that existed on the site at the time the farm support quarters were established.

(iii)

The agricultural uses on the site are likely to remain in operation over the life of the farm support quarters.

(iv)

If the site is no longer designated by the Land Use Element as being in the Agriculture land use category, the approval body must also find that the replacement of the farm support quarters will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-agriculture land use category.

(3)

Required findings - Other types of dwellings. A Minor Use Permit to allow the replacement and restoration of destroyed dwellings (other than farm support quarters) to their former nonconforming status shall be approved only where the approval body can first find that:

(i)

Replacement of the dwelling will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-residential land use category.

(ii)

The site will not be needed for the types of land uses allowed by the current non-residential land use category during the life of the dwelling.

(iii)

In the case of destroyed dwellings which were nonconforming because they exceeded the density currently allowed by this title, replacement and restoration will only include the number of dwellings currently allowed.

(4)

Timing of replacement. A Minor Use Permit for a replacement dwelling pursuant to this section shall not be approved unless the application was filed with the Department of Planning and Building and accepted for processing pursuant to Section 23.02.022 (Determination of Completeness) within six months from the date of the destruction of the original dwelling.

The keeping of types or numbers of animals not allowed by Section 23.08.046 (Animal Raising and Keeping) may be continued provided that:

a.

The number of animals existing on the effective date of this title or amendment which created a nonconformity shall not be increased except for new offspring of existing animals, which may be retained on-site until weaned, after which the new animals shall be removed.

b.

Deceased animals, or animals that are relocated for more than 90 days shall not be replaced.

Though this section provides for the keeping of animals that are not in conformity with this title, such use may be declared a public nuisance and abated pursuant to Chapter 23.10 of this title (Enforcement), where the use is found by the Board of Supervisors to be dangerous or to prevent the full use and enjoyment of neighboring properties.

[Amended 1992, Ord. 2570]

Where a site is nonconforming only as to off-street parking (Section 23.04.160 et seq. - Parking), a new or additional allowable use may be established on the site or an existing allowable use may be expanded only after the requirements of this title for off-street parking have been met for both the existing structure and the expansion, except as follows:

a.

Substitute uses. A use of land on a site with nonconforming parking may be replaced with a different use only as allowed by Section 23.09.030c, and as follows:

(1)

Where a substitute use is required by Sections 23.04.160 et seq. to provide the same number of parking spaces as the previous use, no additional parking is required.

(2)

Where a substitute use is required to have more spaces than the existing use, the number of spaces provided shall be the difference between those required for the new use and those required for the existing uses.

b.

Expansion of existing use. An approved use may be expanded on a site with nonconforming parking only where the nonconformity is corrected, except in a central business district where such expansion may occur if parking is provided as required by Sections 23.04.160 et seq. for the area of the expansion only.

A legal nonconforming lot may be used as provided by this section.

a.

Legal nonconforming lot defined: Any lot having an area less than the smallest minimum parcel size required or having a frontage, width, or depth less than the minimum prescribed by this Title or other ordinances, is a legal nonconforming lot if:

(1)

The lot is shown on a duly approved and recorded subdivision or parcel map; or

(2)

The lot was created by means which were consistent with applicable legal requirements at the time the lot was created; or

(3)

Verified by a Certificate of Compliance issued pursuant to Government Code Section 66499.35.

b.

Use of nonconforming lots: A legal nonconforming lot may be used as follows:

(1)

A legal nonconforming lot may be used for any use identified as an "A", "S" or "PP" use on Table O, Part I of the Land Use Element, subject to Sections 23.04.040 et seq. (Minimum Site Area) and Section 23.04.048 (Lot Consolidation) except where otherwise provided by a planning area standard.

(2)

Any group of nonconforming lots may be redivided, provided that:

(i)

Such division is in accordance with all applicable requirements of Title 21 of this Code;

(ii)

No parcel is less than the minimum area required by Section 23.04.048 (Lot Consolidation).

Chapter 23.10 - ENFORCEMENT