8113-10 — Effect of change of zoning regulations.

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 or structure shall be governed by the following provisions:

(a)

If the use or structure affected is existing lawfully as a permitted or conditionally permitted use or structure, the existing use or structure is hereby deemed to be conforming without any further action.

(b)

Except as provided in this Section, any modification or expansion of the use or structure, change of use, or additional use shall conform to the provisions of this chapter, including the requirements for type of permit. In those instances where a new discretionary permit is required, all uses and structures on the same parcel(s) as the modified or expanded use or structure shall be subject to the discretionary permit. Any conditions imposed on any such new permit shall be reasonably related to the modification or expansion being requested.

(c)

Any change to a use or structure which requires a Planned Development Permit or a Conditional Use Permit, but would be exempt from CEQA, not have any adverse impact on adjacent land uses, and would not conflict with the findings otherwise required pursuant to Sections 8111-1.2.1.1 through 8111-1.2.1.6, may be acted upon by the Planning Director or designee through a Zoning Clearance. Such changes may include, but are not limited to the following:

(1)

A change in use where the new use requires the same or lesser type of permit as the existing use, provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(2)

A cumulative increase or decrease of not more than ten (10) percent in gross floor area; permit area; the area of walls, fences or similar structures used as screening; height; parking area; landscaping area; or total area of onsite identification signs; provided that any resulting increase in parking space requirements will be accommodated on-site or off-site as described in Section 8108-3.3.1.

(3)

Replacements of accessory dwelling units or farmworker or caretaker dwellings, where said replacements do not exceed the current standards of this Chapter.

(4)

Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style.

(d)

Any modification required by law shall not result in a requirement for a new land use permit.

(e)

If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the required permit has been applied for under this chapter prior to the expiration of the existing permit.

(Add Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Am. Ord. 4144—7/22/97; Am. Ord. 4281—5/6/03)

(Ord. No. 4407, § 9, 10-20-2009; Ord. No. 4519, § 8, 2-27-2018)

Article 14. - Enforcement and Penalties

Footnotes:

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(Am. Ord. 3730—5/7/85)