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(a) Accommodation of New Structures or Accessory Uses. An existing nonconforming use may be altered to accommodate a new structure or accessory use, except where it is an existing nonconforming use of land and contains no structures, in which case the alteration may not be approved.
(b) Additional Required Findings. In addition to the findings required in § 85.060.040 (Findings Required) above, before any alteration/modification of a nonconforming use may be granted, the review authority shall also find and justify that all of the following are true before approving the Conditional Use Permit application.
(1) The remaining normal life of the existing nonconforming use is determined to be in compliance with provisions specified in this Development Code before consideration of the proposed alteration if located in a residential land use zoning district.
(2) The proposed alteration shall not prolong the normal life of the existing nonconforming use.
(3) The alteration of the existing nonconforming use shall not be detrimental to, nor prevent the attainment of, general land uses, objectives, policies, and programs specified in the General Plan or any applicable community or specific plan.
(4) The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use zoning district in which the use is located.
(5) The alteration shall not change the primary use of the land nor increase the intensity of the use unless such change brings the use into greater compliance with current zoning regulations.
(6) The existing nonconforming use shall comply with all other existing County regulations, including those applicable to and enforced by the Director, and County Sheriff’s Department.
(c) Governmental or Court Actions Exemption. Any alteration required by governmental or court action shall be exempt from compliance with the above listed findings.
(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)