(A) Nonconforming buildings and uses. Except as hereinafter provided, a nonconforming use or nonconforming structure, building and/or land shall not be extended or expanded.
(B) Nonconforming signs. Signs lawfully existing at the time of the adoption of this chapter may be continued although the use, size or location does not conform with the provisions of this chapter. However, it shall be deemed a nonconforming use. If the use of a nonconforming advertising sign structure is discontinued or its normal operation and maintenance is stopped for a period of 12 months, the structure shall be deemed an illegal use or structure and shall be removed by the owner of the property at the request of the City Council.
(C) Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this chapter provided that it fronts on a public right-of-way and provided, further, that the width and area measurements are at least 60% of the minimum requirements of this chapter. Yard dimensions and other requirements for the lot shall conform to regulations for the district unless a variance is granted. If two or more lots or combinations of lots and portions of lots with contiguous street frontage in single ownership are of record on the effective date of this chapter, and if all or part of the lots do not meet with width and area requirements of this chapter for lots in the district, the contiguous lots shall be considered to be an undivided parcel for the purpose of this chapter and no portion of the parcel shall be used or occupied which does not meet lot width and area requirements of this chapter, nor shall the parcel be so divided that any remaining lot does not comply with the requirements.
(D) Phasing out of nonconforming uses. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, maintenance, or improvement, but not including expansion, unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year. After a conforming use replaces a nonconforming use, all future uses must be conforming; or
(2) Any nonconforming use is destroyed by wind, fire, flood, explosion, earthquake, war, riot, or other similar peril to the extent of greater than 50% of its market value at the time of destruction, as determined by the county assessor, and no building permit has been applied for within 180 days of when the property is damaged. In making this determination, the county assessor, shall consider the market value of the entire nonconforming use. This determination of value shall be reviewed and approved by the City Council. In the event that a building permit is applied for within 180 days of the date of destruction, the city may impose reasonable conditions upon the building permit in order to mitigate any newly created impact on adjacent property.
Expansion shall be defined as any structural alteration, change or addition that is made outside of the original building or any change in the building’s occupancy capacity or to the parking demand except those required or allowed by law or ordinance.
(E) Nonconforming junkyards. Within one year after the effective date of this chapter, all junkyards shall be completely enclosed within a building, fence, screen planting, or other device of such height as to screen completely the operations of the junkyard. Plans of the building or device shall be approved by the Planning Commission and the City Council before it is erected or put into place.
(F) Alterations.
(1) The lawful use of a building existing on the effective date of this chapter may be continued, although the use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use, all or partially conducted in a building or buildings, may be changed to another conforming use only upon determination that the new proposed use will be no more detrimental to its neighborhood and surroundings that is the use it is to replace. In determining relative, "detriment," the city shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manner of operation. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed into a less restricted use.
(2) Residential alterations. Alterations may be made to a nonconforming residential building when they will improve the livability of the units, provided, however, that they do not increase the number of dwelling units in the building or potential number of occupants.
(G) Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary, nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming building or use. Nothing in this chapter shall prevent correcting unsafe conditions of the structure upon being advised to do so by the Building Inspector and Zoning Administrator.
(H) Issued permits. Nothing contained herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued prior to the effective date of revision of section, provided, however, that the entire building shall be completed according to the plans as filed within 12 months of the date of issuance of the permit.
(I) Nonconformities created by amendment. When a nonconformity in a structure or use of land or a structure is created by an amendment to this chapter, the rights granted by this section to the continuance of nonconformities apply to the nonconformities existing on the date of the amendment.
(J) Prohibited uses. Whenever in any zoning district a use is neither permitted nor specified as a use allowed through the issuance of a conditional use permit or interim use permit, the use shall be considered prohibited. In such case the City Council, the Planning Commission, or a property owner may request a study by the city to determine if the use is acceptable and if so what zoning district would be most appropriate and to determine the types of conditions and standards to apply to the use if it were allowed as a use. The Lonsdale Planning Commission, upon receipt of the staff study may, if appropriate, initiate an amendment to the city's zoning code to provide for the particular use under consideration or may find that the use is not compatible for development in the city.
(Ord. passed 2-29-1996; Am. Ord. 2007-208, passed 1-11-2007)