(A) Purpose and intent.
(1) This section provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this code or future amendments.
(2) It is the intent of this section to discourage the long-term continuance of nonconformities that have the potential to create nuisance or other incompatibility issues and provide for their eventual elimination while allowing them to exist under the limited conditions outlined in this code.
(B) Establishment of legal nonconforming status. The provisions of this chapter apply to sites, uses, and structures that have become nonconforming by adoption of this title as well as sites, uses, and structures that become nonconforming due to subsequent amendments to its text or to the county zoning map.
(C) Nonconformities defined. Any lawfully established use or structure that is in existence on the effective date of this title or any subsequent amendment thereto but does not comply with the standards and requirements of this title shall be considered nonconforming.
(1) A non-conforming use or structure may result from any inconsistency with the requirements of this title including, but not limited to, use, location, density, floor area, height, setback, other development standards, or the lack of an approved administrative use permit, conditional use permit, or other required authorization.
(2) A parcel of land may be considering nonconforming if it was previously used and/or developed without required site improvements including but not limited to paving, screening, landscaping, lighting, drainage, etc.
(D) Continuance of legal nonconforming uses and structures.
(1) Any use or structure that was lawfully established prior to the effective date of this title or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure or use therein; or no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership, tenancy, or management. The right to continue a nonconforming use or structure shall not apply to uses or structures determined by the Planning Commission or Board of Supervisors as described in this chapter to be a public nuisance arising from conditions that constitute a threat to public health, safety or general welfare.
(2) The right to continue a nonconforming use or re-occupy a nonconforming structure shall terminate if the nonconforming use has been abandoned or the nonconforming structure has been vacated for the relevant period described in the abandonment of nonconforming uses section.
(E) Nonconforming uses. Nonconforming uses shall not be expanded, modified, or substituted for another nonconforming use except as provided below.
(1) Expansion. Nonconforming uses shall not expand in intensity and/or physical footprint.
(2) Absence of permit. Any use that is nonconforming solely by reason of the absence of a Use permit may be changed to a conforming use by obtaining the appropriate use permit pursuant to the requirements with the provisions in the use permits sections in Chapter 25.02.
(3) Conditions. The Director may impose reasonable conditions deemed necessary to ensure compliance with the required findings. The Planning Director may also require reasonable guarantees and evidence that such conditions are being, or will be, complied with.
(4) Abandonment of nonconforming use. If the nonconforming use ceases to operate, whether with the intent to abandon the use or not, for a continuous period of one calendar year, it shall be considered abandoned and shall not be resumed, reestablished, reopened, or replaced by any use other than a conforming use. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned.
(a) Abandonment. The time period set forth above shall commence when the use ceases to operate, whether with the intent to abandon the use or not, and any one of the following occurs:
1. The site is vacated;
2. The business license expires or is revoked;
3. Utilities are terminated; or
4. The applicable lease is terminated.
(b) Extension of abandonment period. The Director may approve an additional one-year time period during which the use will not be considered abandoned; provided that the Director finds that economic conditions warrant the additional time. If such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate.
(5) Burden of proof. The burden of proof as to the nonconforming status of any use shall rest with the property owner, tenant, and/or resident.
(F) Nonconforming structures. Nonconforming structures may be continued and maintained in compliance with the following provisions.
(1) Additions and enlargements. Additions to and/or enlargements of nonconforming structures are allowed if the addition or enlargement complies with all applicable laws and requirements of this title, the use of the addition/enlarged area of the property is authorized by this title, and there is no increase in the discrepancy between existing conditions and the requirements of this title, except as provided below.
(2) Maintenance and repairs. Structural and non-structural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height or roof pitch. This excludes any improvements required to meet accessibility requirements.
(a) Nonconforming setbacks, residential zones. In residential zones, a nonconforming setback may be maintained and extended, and shall not be considered an increase in the discrepancy, provided that:
1. A new encroachment into any other required setback is not created;
2. The height of the portion of the structure that is within the required setback is not increased; and
3. Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.
(3) Restoration of damaged or destroyed nonconforming structures. A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that was not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with them, may be restored or rebuilt subject to the following provisions.
(a) Restoration when damage is 50% or less of value. If the cost of repair or reconstruction is less than or equal to 50% of the appraised value of the structure as determined by the Building Official, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the County, whose fee shall be paid by the building or property owner.
(b) Restoration when damage exceeds 50% of value. If the cost of repair or reconstruction exceeds 50% of the appraised value of the structure, as determined pursuant to division (F)(3)(a) above, the land and building shall be subject to the requirements of this title, except as provided below.
1. Residential structures. Any nonconforming multi-family residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed subject to a zoning clearance in the case of single-unit dwellings or Director approval in the case of other residential uses, unless the Review Authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood.
2. Timing. Building permits must be obtained within two years of the date of the damage or destruction and construction shall be completed within one year of issuance unless another time period is specified through Director consideration. Building permits must be maintained valid through the completion of the project.
(4) Burden of proof. The burden of proof as to the nonconforming status of any structure shall rest with the property owner, tenant, and/or resident.
(G) Nonconforming sites.
(1) A NONCONFORMING SITE is a lot or parcel that is not in compliance with current site development standards (e.g., parking, landscaping, etc.) but which was in conformance when the site was developed.
(2) In conjunction with the expansion of existing buildings or the construction of new buildings on a partially developed site, nonconforming sites shall be brought into compliance on the following basis.
(3) In all cases, it is recognized that full compliance with the requirements of this zoning code may not be possible, due to limitations such as the size of the parcel. In such cases, a good faith effort to achieve compliance shall be sufficient.
Proposed Building Expansion | Required Site Improvements |
Less than 10% increase in floor area or 500 square feet of expansion, whichever is less | Exempt; no site improvements required. |
10% or greater increase in floor area | Landscaping shall be installed along street and building frontages to the extent possible |
30% or greater increase in floor area | One of the improvements below shall be made with the construction of the increased floor area, if enough site area is available: a. Installation of additional parking to achieve as much compliance with parking requirements as possible; b. Installation of landscaping to achieve as much compliance with landscaping requirements as possible. |
50% or greater increase in floor area | Both of the items below shall be completed with the construction of the increased floor area, if enough site area is available: a. Installation of additional parking to achieve as much compliance with parking requirements as possible; b. Installation of landscaping to achieve as much compliance with landscaping requirements as possible. |
(H) Abatement. The provisions of this chapter are in addition to existing state law authority to declare and abate a public nuisance and other applicable provisions of the County Code. If a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the County pursuant to the County Code.
(Ord. 1043, § 3 (part), 2022)