Chapter 17.10
NONCONFORMING USES

Sections:

17.10.010    Intent.

17.10.020    Regulations.

17.10.010 Intent.

A nonconforming use is one which was legally established on the effective date of applicable sections of these regulations but which is not now an allowed or conditionally allowed use in the zone in which it is located. The intent of these regulations is to prevent the expansion of nonconforming uses, establish the circumstances under which they may be continued, and provide for their removal or change to a conforming use as soon as practical. (Ord. 941 § 1 (part), 1982: prior code § 9202.2(A))

17.10.020 Regulations.

A. Change of ownership, tenancy or management of a nonconforming use shall not affect its legal, nonconforming status.

B. A nonconforming use may be continued and a nonconforming use may be changed to another nonconforming use provided:

1. A nonconforming use which ceases for a continuous period of six months shall lose its nonconforming status and the premises on which the nonconforming use was located shall from then on be used for conforming uses.

2. A nonconforming use may be replaced with another; provided, that an administrative use permit is approved by the director. The director must find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established.

3. A nonconforming single-family dwelling may be continued without limitation by this section, and if involuntarily damaged or destroyed, may be reconstructed or replaced with a new structure with the same footprint and height, in compliance with current California Building Standards Code requirements.

C. A lot occupied by a nonconforming use may be further developed by the addition of conforming uses and structures, provided an administrative use permit is approved. (See Sections 17.58.020 through 17.58.080.) (Ord. 1438 § 8 (part), 2003; Ord. 941 § 1 (part), 1982: prior code § 9202.2(B))