The provisions of this section apply only to nonconforming uses which were lawful when initially established. Conforming uses located within structures or on sites which do not conform to development standards such as density, parking, setbacks, height, landscaping, or open space, shall be subject to Section
10-5.2004 (Nonconforming structures) and shall not be subject to the standards of this section.
(a) Continuation or replacement of a nonconforming use. A nonconforming use may continue provided there are no structural alterations to the structure in which the use is located except for those required by the Chief Building Official, and except those approved pursuant to subsection
(b) of this section. An existing nonconforming use may be changed to another nonconforming use, providing:
(1) No structural alterations are made;
(2) The existing nonconforming use and the proposed nonconforming use are listed in Article 2 as uses within the same class of zones as defined in subsection (i) of Section
10-5.201, and the proposed nonconforming use is listed as a permitted use within that class of zones; and
(3) The proposed nonconforming use does not require the provision of off-street parking in an amount greater than the existing nonconforming use.
(b) Structural alterations and minor additions to a nonconforming use. Structural alterations or minor additions to a nonconforming use may be approved subject to Planning Commission Design Review pursuant to Section
10-5.2502, and subject to the following criteria:
(1) The alteration or addition shall not adversely impact surrounding property.
(2) The alteration or addition shall not increase the degree of nonconformity with respect to the standards of property development for the zone in which the property is located, including, but not limited to, density, building height, floor area ratio, and setback requirements.
(3) The alteration or addition shall not decrease the future capability of the structure to provide off-street parking at a ratio that could reasonably allow replacement by a conforming use.
(4) The alteration or addition shall not cause or increase a deficiency in the number of parking spaces required for the existing use.
(5) That if the structure containing the nonconforming use is nonconforming with respect to the standards of property development for the zone in which the property is located, including, but not limited to, density, building height, floor area ratio, or provision of off-street parking, the alteration or addition shall not substantially increase the useful life of the nonconforming structure.
(6) The alteration or addition is not inconsistent with the General Plan and the certified Local Coastal Program.
(c) Adding additional uses. While a nonconforming use exists on any lot, no additional use may be established thereon even though such other use would otherwise be a permitted use.
(d) Discontinuance of uses. A nonconforming use which has been suspended or discontinued for a continuous period of at least two years shall automatically expire and may not be renewed, nor replaced, by any other use not permitted within the zone. A nonconforming use which has been changed to a conforming use for a continuous period of six months or more shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the land use regulations for the zone in which it is located.
(e) Re-establishment of uses in structures partially destroyed. A nonconforming use in a structure destroyed due to an involuntary event to the extent of 50% or more of its square footage at the time of its partial destruction may not be re-established and any new structure shall conform to all the requirements of City laws upon reconstruction.
(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3102 c.s., eff. February 8, 2013)