Nonconformities may be continued subject to the following provisions:
A. Nonconforming Uses of Land.
A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use (exception: see subsections (C)(1) and (E), below).
B. Nonconforming Structures. A nonconforming structure may continue to be used as follows:
1. Building Envelope Exemptions. Structures shall not be deemed nonconformities due solely to nonconformance with building envelope regulations (i.e., height or setback requirements);
2. Changes to a Structure. The addition, enlargement, extension, reconstruction, relocation, or structural alteration of a nonconforming structure, may be allowed by the director only if the director finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming:
a. Incompatible with other structures in the neighborhood;
b. Inconsistent with the general plan or any applicable specific plan;
c. A restriction to the eventual/future compliance with the applicable regulations of this development code;
d. Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and
e. Detrimental and/or injurious to property and improvements in the neighborhood.
3. Conversion of an Existing Residential Structure. The use of a preexisting residential structure for commercial or industrial purposes may be allowed with conditional use permit (16.52) approval, if the conversion, additions and improvements conform to the applicable provisions of this development code. The commission may approve a conditional use permit only if the following findings can be made, in addition to those contained in Section 16.52.040 (Findings and Decision).
4. Nonconforming Due to Parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards for off-street parking, may undergo changes in compliance with Section 16.32.030(B)(2) (Changes to a Structure), above, subject to the following provisions:
a. Residential Uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units nor the elimination of required/existing parking or access; or
b. Nonresidential Uses. Additional parking spaces or driveway paving may be required in compliance with 16.34 (Off-Street Parking and Loading Standards) and further provided the change does not result in the elimination of existing parking or access.
5. Maintenance and Repair. A nonconforming structure may undergo normal and necessary maintenance and repairs, provided no structural alterations are made, and the work does not exceed twenty-five (25) percent of the current appraised value of the structure as shown in the County Assessor's records in a one year period. The director may allow more extensive work only if the following findings can be made:
a. That the additional maintenance and repairs will not, in this case, adversely impact adjoining properties;
b. That the additional maintenance and repairs will not extend the expected life of the structure; and
c. That the additional maintenance and repairs will not be contrary to the public health, safety and general welfare.
6. Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including. State law (e.g., Title 24, California Code of Regulations, etc); and
7. Other Modifications Allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through closer conformity to surrounding structures with minor conditional use permit approval in compliance with 16.52.
C. Nonconforming Use of a Conforming Structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this development code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made:
1. Expansion of Use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not:
a. Be granted more than one time; nor
b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion.
2. Relocation of Use. A nonconforming use located in a conforming structure may be relocated within the same structure or to an adjacent conforming structure(s) on the same parcel.
D. Prior Building Permits. A use or structure which does not conform to the regulations for the zoning district in which it is located, but for which a building permit, minor variance, variance, minor conditional use permit or conditional use permit, was issued and exercised before the applicability of this development code, may be completed, provided that the work is pursued continuously and without delay. These uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this chapter. For the purposes of this section, the provisions of Chapter 16.80 (Permit Implementation, Time Limits, and Time Extensions) shall govern the determination of whether the permit or entitlement has been legally exercised in a timely manner.
E. Accessory Structures for Non-Conforming Residential Uses.
Legal, non-conforming residential uses may construct new or replace accessory structures subject to compliance with the development and design standards contained in section 16.44.150 Residential Accessory Uses and structure Subsection (A).
(Ord. 492-14 Exhibit 10, 2014; Ord. 430-10 § 3, 2010; Ord. 215 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)