A. 
This chapter is established to permit the continuation of nonconformities on real properties relative to parcel size, use, occupancy, and building types that were legally established but no longer comply with all of the standards and requirements of this title. To this end, this chapter establishes the circumstances under which nonconformities may be continued or changed and provides for the removal of nonconformities when their continuation conflicts with the public health, safety, and general welfare.
B. 
This chapter is not intended to limit the City's ability to eliminate a public nuisance.
C. 
Nothing in this chapter shall prevent the City from declaring a nonconformity to constitute a danger to the public health, safety, or general welfare and to take lawful action to remedy that danger.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
The provisions of this chapter apply to structures, land, and uses that have become nonconforming due to changes in this title or reclassification of zones under this Zoning Code. The provisions shall also apply when standards or regulations are adopted or changed which cause previously conforming structures, land, or uses to become nonconforming.
B. 
For purposes of this chapter, the terms "nonconformity" or "nonconformities" shall refer to legal nonconforming uses, legal nonconforming structures, and legal nonconforming lots, all as more specifically defined in Chapter 17.74 (Definitions) of this title.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
Nonconforming uses shall be allowed to remain, provided such use is not abandoned or intensified, or the space that the nonconforming use is located in is not reconstructed.
B. 
A nonconforming use may not expand the area of its use beyond that for which it was legally approved.
C. 
In a building which is nonconforming due to parking, a change of use or intensification of the existing use shall only be allowed if the full amount of the required parking is provided.
D. 
Once a nonconforming use is terminated, discontinued, or abandoned, the occupancy afterwards may not revert to the same or another nonconforming use.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
Nonconforming structures may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure.
B. 
Maintenance, repairs, nonstructural modifications, and nonstructural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure, or otherwise increase the degree of the nonconformity. Exterior improvements, such as a façade improvement, which are intended to better the appearance of the property, are included in these types of allowed changes. Nothing herein supersedes the requirement to obtain site plan review approval if otherwise required.
C. 
A structure shall not be considered nonconforming if the nonconformity is caused due to a condemnation of a portion of the property by the City.
D. 
A structure shall not be considered nonconforming with regard to parking because of a loss of required parking spaces due to conformance with the Americans with Disabilities Act.
E. 
If any nonconforming structure is destroyed by fire, explosion, act of God, or the public enemy such that the cost of restoration or replacement exceeds 50 percent of the replacement cost of the entire structure, the replacement shall conform to current regulations, or a Conditional Use Permit shall be obtained to allow a deviation from current standards. The City Building Official shall determine the extent of destruction and costs of replacement.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
Any lot that is smaller than the minimum lot size required by this title or does not meet any of the applicable dimensional requirements, shall be considered a legal nonconforming lot if it is described in the official records on file in the office of the Orange County Recorder as a lot of record. The lot shall not be further reduced below the area or dimension identified on the recorded map or other documents that establish the date on which the parcel was officially created.
B. 
A lot of record may be used as a building site subject to compliance with all other applicable requirements, unless a Variance or other modification or exception is approved as provided for in this title.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
Legal nonconformities may be continued and maintained in compliance with the requirements of this chapter unless the Building Official deems the nonconformity to be a public nuisance because of health or safety concerns. The Building Official is authorized to impose conditions on the nonconformity to eliminate or reduce the health or safety concerns.
B. 
The right to continue a legal nonconformity attaches to the land and shall not be affected by a change in ownership.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
A nonconforming use of land or a structure shall be considered to be abandoned after 180 days of nonuse, unless the interruption in use is involuntary due to casualty or other events outside the control of the owner or operator of the land or structure, as determined by the Director. Once abandoned, all subsequent uses of such land and structure shall conform to the regulations specified for the zone in which the land or structure is located.
B. 
Upon determination that a use has been abandoned, the Director shall send a notice to the owner. If the owner disagrees with the Director's determination, an appeal may be filed with the Planning Commission in accordance with Chapter 17.60 (Appeals). The burden of proof shall be on the owner to show that the use has not been abandoned. A determination that a use has been abandoned requires both: (1) evidence of an intention to abandon; and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use; disconnected or discontinued utilities; or lack of business records to document continued operation. Maintenance of a valid business license shall of itself not be considered a continuation of the use. However, lack of a business license may be considered as a factor in determining discontinuation of the use. A broker agreement to solicit tenants or purchasers to continue a nonconforming use shall be sufficient evidence that the nonconforming use has not been abandoned.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)
A. 
Facilities Directly Rendering Service. The provisions of this chapter shall not apply to public utility structures when the public utility structures pertain directly to the rendering of service or distribution, including generating plants, distribution, substations, water wells and pumps, gas storage, metering, and valve control stations, but shall apply to structures or uses that do not immediately relate to direct service to consumers (e.g., warehouses, corporation yards, storage, etc.).
B. 
Changes to Facilities. Nothing in this chapter shall prevent the expansion, increase in capacity, modernization or replacement of public utility structures, provided that there shall be no change of a use unless approved by the Planning Commission, and further provided that all setback requirements of the zone which the use is located shall be maintained. There shall be no enlargement of the site unless approved by the Planning Commission.
(Ord. 16-04 § 2, 2016; Ord. 19-03 § 3, 2019)