Article 12 — Nonconformities and Substandard Lots

8182-1 - Purpose.

The purpose of this Article is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures that deviate from the regulations of this Chapter.

(Ord. No. 4451, § 9, 12-11-2012)

8182-2 - Nonconforming structures due only to changed standards.

Where structures have been rendered nonconforming due only to revisions in development standards dealing with lot coverage, lot area per structure, height or setbacks, and the use therein is permitted or conditionally permitted in the zone, such structures are not required to be terminated under this Article and may be continued and expanded or extended on the same lot, provided that the structural or other alterations for the expansion or extension of the structure are in conformance with the regulations in effect for the zone in which such structures are located.

(Ord. No. 4498, § 5, 12-6-2016)

8182-2.1 - Carports.

Existing nonconforming carports may be enclosed, provided that no additional living space is thereby created and a Zoning Clearance is obtained.

(Ord. No. 4498, § 5, 12-6-2016)

8182-2.2 - Wireless communication facilities.

Notwithstanding any other provision of this Article, any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of development standards stated in Section 8175-5.20.3 shall be governed by Section 8175- 5.20.15.

(Ord. No. 4498, § 5, 12-6-2016)

8182-3 - Continuation of existing nonconforming mobilehomes.

8182-3.1 A nonconforming mobilehome used as a residence under a Continuation Permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a Planning Director Conditional Use Permit is obtained and the following conditions are met:

a.

The mobilehome is in compliance with the applicable provisions of Section 8175-5.1d, and with the parking requirements of Section 8176-1 Parking and Loading Requirements; and

b.

The mobilehome was being used legally as a residence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continuously in place since the actual commencement of such use.

8182-3.2 Mobilehomes used as residences under a Planning Director Conditional Use Permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the Planning Director Conditional Use Permit, provided that either 1) a modification to renew the Planning Director Conditional Use Permit through a Planned Development Permit process is obtained or 2) the status of the mobilehome as a single family dwelling meets the applicable provisions of Sections 8175-5.1d, and the parking requirements of Section 8176-1 Parking and Loading Requirements.

(Ord. No. 4492, § 8, 6-21-2016)

8182-4 - Nonconforming uses due only to changes in parking requirements.

Uses that have been rendered nonconforming due only to revisions in parking requirements shall be subject to the following regulations:

(Ord. No. 4451, § 9, 12-11-2012)

8182-4.1 - Expansion and conformance.

Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located.

(Ord. No. 4451, § 9, 12-11-2012)

8182-4.1.1 - Exception.

A single-family dwelling may be expanded when the proposed expansion does not meet current parking requirements, if all of the following conditions exist:

(a)

The dwelling has at least one (1) covered parking space;

(b)

The existing lot configuration does not allow for a second covered space, or does not allow for access to a second covered space;

(c)

The proposed addition otherwise conforms to the provisions of this Chapter.

(Ord. No. 4451, § 9, 12-11-2012)

8182-4.2 - Changes of use.

Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this Chapter must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the Planning Division and be specified by the permit. The parking specified under the permit shall not be considered conforming.

(Ord. No. 4451, § 9, 12-11-2012)

8182-5 - The keeping of animals.

Nonconformities due to the keeping of animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three years after the same becomes nonconforming, unless a continuance is granted in accordance with Section 8182-6.2.4.

8182-6 - Other nonconforming uses (no longer permitted).

All nonconforming uses that are no longer permitted in the zone in which they are located shall be regulated according to the following provisions:

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.1 - Uses not involving permanent structures.

The nonconforming use of land where no permanent structure is involved shall be terminated not later than three (3) years after such use becomes nonconforming.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.2 - Uses within structures subject to amortization.

All nonconforming commercial uses in Residential (R), Open Space or Agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this Chapter or a later amendment that renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconforming, as follows: ten (10) years for one thousand (1,000) square feet, plus 1.25 years for each additional one hundred (100) square feet over one thousand (1,000) square feet; maximum sixty (60) years. At the end of the amortization period, the use shall be brought into conformance with this Chapter or terminated, unless a continuance is obtained pursuant to Section 8182-6.2.4.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.2.1 - Expansion and change of use prohibited.

Nonconforming uses under Section 8182-6.2 shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except that structural alterations may be made therein as required by law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 8182-6.2.4 of this Article, and subsequent to the period of amortization.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.2.2 - Notice of amortization.

The Planning Director shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this Chapter, in those instances where the Planning Director has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amortization period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this Article, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this Article.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.2.3 - Notice of termination and order to comply.

Notice of Termination of a nonconforming use and order to comply shall be served by the Planning Director at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In those instances, where the Planning Director is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure containing the nonconforming use.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.2.4 - Request for a continuance of nonconformities beyond period of amortization.

A request for a continuance of nonconformities beyond the period of amortization may be granted as follows:

(a)

Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this Article if the Planning Director makes the following determinations:

(1)

Special Circumstances. That special circumstances apply to any such use or structure that do not apply generally to others affected hereby; and

(2)

Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties.

(b)

Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 8181-5.4.

(c)

Determination by Planning Director. Upon filing of a complete application, the Planning Director shall investigate the matter, give proper notice, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Planning Director. The Planning Director may impose such conditions, including time limitations, as may be deemed necessary for the compatibility of such nonconformity with adjacent properties.

(d)

Appeals. Appeals shall be filed in accordance with Section 8181-9.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.3 - Uses not amortized.

Upon the effective date of this Chapter or a later amendment thereto, any nonconforming use within a structure not otherwise identified in Section 8182-6.2, may continue, subject to the following:

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.3.1 - Expansion.

No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations that may be required by law, expansions within the existing structure if no structural alterations are made, or additions to existing churches and principal dwelling(s) in residential zones, that otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per lot, only one (1) such dwelling may be expanded.

(Ord. No. 4451, § 9, 12-11-2012)

8182-6.3.2 - Change of use.

The nonconforming use may be changed to a use that is similar in accordance with Section 8181-10.4.1, except that the nonconforming use may not be changed to a use that requires a Conditional Use Permit under this Chapter.

(Ord. No. 4451, § 9, 12-11-2012)

8182-7 - Destruction.

The following provisions shall regulate the destruction of structures in the given situations:

8182-7.1 - Uses not amortized.

The following provisions shall apply to non-amortized, nonconforming structures and structures containing nonconforming uses not subject to amortization:

8182-7.1.1 Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty (50) percent or less of its floor or roof area that existed before destruction, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction.

8182-7.1.2 Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than fifty (50) percent of its floor or roof area that existed before destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.

(Ord. No. 4451, § 9, 12-11-2012)

8182-7.2 - Uses amortized.

The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization:

8182-7.2.1 Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of 50 percent or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction.

8182-7.2.2 Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than 50 percent of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located.

8182-8 - Additional use.

While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted, even if such additional use would be a conforming use.

8182-9 - Use of nonconforming lots.

The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or sub-zone if and only if the lot is a legal lot.

(Am. Ord. 3788—8/26/86)

8182-10 - Involuntary nonconformance.

Notwithstanding any other provision of this Chapter, no lot shall be considered nonconforming within the purview of this Article if such lot is rendered nonconforming as a result of a conveyance of any interest in said lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a requirement of any public entity having jurisdiction.

8182-11 - Discontinuance and change of use status.

The discontinuance for a period of 180 or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a Conditionally Permitted Use, constitutes abandonment and termination of the nonconforming status of the use.

8182-12 - Effect of change of zoning regulations. 8182-12.1 - On authorized uses under discretionary permits.

Any construction, expansion or alteration of a use of land or structures, and any required Zoning Clearance therefor, that is authorized by an approved discretionary entitlement on or before the effective date of an ordinance amendment may be completed as authorized in the entitlement and in accordance with Section 8181-7.7.

(Ord. No. 4451, § 9, 12-11-2012)

8182-12.2 - On uses requiring a ministerial decision.

All uses involving construction, expansion or alteration of a use of land or structures that require a ministerial decision only shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required Zoning Clearance has been issued and the change of regulation is such that the Zoning Clearance no longer conforms to the provisions of this Chapter, a new Zoning Clearance that conforms with the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency.

(Ord. No. 4451, § 9, 12-11-2012)

8182-12.3 - Where the only change is in the type of permit required.

If the adoption of this Chapter, or any amendment to this Chapter, results only in a requirement for a different permit for the same existing use or structure, the use shall be governed by the following provisions:

8182-12.3.1 If the use or structure affected is existing lawfully as a permitted or conditionally permitted use or structure of any kind, the existing use is hereby deemed to be conforming without any further action. Any expansions of the use or structure shall conform to this Chapter, including requirements for type of permit, provided that any conditions imposed on any such new permit shall be reasonably related to the modification or expansion being requested. Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style shall not result in a requirement for a new permit.

8182-12.3.2 If the use affected is under a permit that has an expiration date or clause and the new regulation requires a different permit, the use may continue as conforming until the specified point of expiration, at which time one of the following actions shall occur:

a.

Applicant may file, in a timely manner, for a permit or renewal as permitted under this Chapter;

b.

The permit expires and the use shall terminate.

(Am. Ord. 4055—2/1/94)