1.20 Non-Conforming Uses

1.20.1 Non-Conforming Use Defined As used in this Code, a non-conforming use is the use of any building, structure, or land which is prohibited by any zoning, building, or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Residential uses and residential structures occupied for residential purposes or vacant at the time of adoption of these provisions shall be exempted from the provisions of this Code. This shall not be construed to allow new residential construction except as provided by the provisions of the respective zones. 1.20.2 Non-Conforming Use of Open Land A non-conforming use of land lawfully existing on the effective date of this Code may be continued provided such non-conforming use shall not be expanded or extended into any other portion of a conforming building or open land, and no structures, additions, alterations, or enlargements thereto shall be made thereon, except those required by law. If said non-conforming use is discontinued for a continuous period of more than one year, any future use of such land shall conform to the provisions of the zone in which it is located. 1.20.3 Non-Conforming Buildings (a) A nonconforming building in any zone may be continued for the period prescribed in this section, provided no additions or enlargements are made thereto and no structural alterations are made therein, except as allowed by a conditional use permit. (b) Subject to the provisions of this code, a conditional use permit may be granted to allow the expansion of a building which does not conform to height, lot coverage setbacks or area requirements if the following standards are met: (1) That granting the expansion will not adversely impact the attainment of the General Plan. (2) That the expansion will improve the general appearance or safety of the area. (3) That by expanding the building, the character of the neighborhood is not adversely impacted. (4) That the expansion will improve the area by providing additional or adequate parking, if necessary. (5) That any expansion will be adequately screened or buffered, if needed, so as not to increase impacts to the adjoining properties. (c) Notwithstanding subparagraph (b) above, an existing single family dwelling, non-conforming as to side yard requirements but having a minimum side yard of not less than three feet may be extended in depth along the non-conforming building line to a maximum of one-half the length of the existing dwelling if such extension is for the purpose of enlarging and maintaining the existing dwelling or required parking and provided such enlargement does not increase any other non-conformity which may exist and conforms to all other regulations of the zone in which it is located. (d) If a non-conforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this Code. 1.20.4 Non-Conforming Use of Conforming Buildings (a) The non-conforming use of any conforming building lawfully existing on the effective date of this Chapter may be continued provided such non-conforming use shall not be expanded or extended into any other portion of the conforming building nor shall any structural alterations except those required by law be made, and if such non-conforming use is discontinued for a continuous period of more than six (6) months, any future use of such building shall conform to the provisions of the zone in which it is located. (b) A building or structure non-conforming as to use regulations shall not be added to or enlarged in any manner if the expansion involves any structural alteration of the building, except as allowed by a conditional use permit. Subject to the provisions of this code, the use of a building or structure may be expanded, subject to the terms of an approved conditional use permit, if the following standards are met: (1) The expansion of the use will not adversely impact the surrounding properties. (2) The proposed expansion is compatible with the surroundings. (3) The site of the proposed expansion conforms to all site development requirements as physically possible, given existing site limitations. (4) The proposed expansion shall not create new nonconformity. (5) No expansion of a non-conforming use shall be allowed which would extend beyond the original lot or tract of land. 1.20.5 Non-Conforming Use of Nonconforming Buildings The non-conforming use of a non-conforming building lawfully existing on the effective date of this Code may be continued for the period prescribed in this section, and may be expanded or extended throughout such building provided no structural alterations except those required by law are made therein. If no structural alterations are made or required, a non-conforming use of a nonconforming building may be changed to another use of the same or more restrictive classification. If such non-conforming use is discontinued for a continuous period of more than one (1) year, any future use of the said building shall conform to the provisions of this code and of the zone in which it is located. 1.20.6 Change in Status of Non-Conforming Use If a non-conforming use is vacated, it may be succeeded by an equally restrictive or more restrictive non-conforming use provided such change is effected within six (6) months. After a change to a more restrictive use is in effect that change shall be evidence that the less restrictive non-conforming use has been abandoned and thereupon loses any vested right as such, and the degree of non- conformity may not subsequently be increased by changing back to a less restrictive use. 1.20.7 Reconstruction of Non-Conforming Building Partially Destroyed A non-conforming building destroyed to the extent of not more than fifty (50) percent of its reasonable replacement value at the time of its destruction by fire, explosion, or other casualty or act of God or public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all of the provisions of this Code. 1.20.8 Non-Conformance Limited to Zone Groups Notwithstanding any other provisions of this Code, no uses permitted in any one of the Residential or Agricultural zones and lawfully existing in any one of the residential or agricultural zones at the time of the effective date of this Code shall be considered non-conforming in the zone in which it is located; no uses permitted in any one of the commercial or light manufacturing or industrial zones and lawfully existing in any one of the commercial or light manufacturing or industrial zones at the time of the effective date of this Code shall be considered non-conforming in the zone in which it is located. This Section shall be applicable only to non-conforming uses.