The purpose of these regulations is to control, improve or terminate uses which do not conform to this title.
(Ord. 68 § 9-7.101, 1983)
Nonconforming use includes any of the following which were lawfully established before the effective date, or before any subsequent amendment, or this title:
(a) 
A building, structure (including signs), land use, or activity which was established or is conducted in a manner which does not conform with one or more standards or permit requirements of this title.
(b) 
A use of land established in a location where such use is not identified as allowable by this title.
(Ord. 68 § 9-7.102, 1983)
A nonconforming use established prior to the effective date of this title, or prior to any subsequent amendment which creates such nonconformity, may be continued and maintained, except as otherwise provided by this chapter. Continuation of a nonconforming use may include a change of ownership, tenancy or management where the building, structure (including signs), land use or activity is substantially unchanged.
(Ord. 68 § 9-7.103, 1983)
Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued prior to the effective date of this title, provided that said permit does not lapse (Section 9-2.118).
(Ord. 68 § 9-7.104, 1983)
Any nonconforming use which is nonconforming only because of the absence of an entitlement shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required entitlement. The use shall be deemed a conforming use upon securing the approval of such entitlement.
(Ord. 68 § 9-7.105, 1983)
Any nonconforming use of land (Section 9-7.102(b)) may be continued as follows:
(a) 
Expansion. The use may not be enlarged, increased, or extended to occupy a greater area of land than that occupied on the effective date of this title, except for a detached single-family residence as provided in subsection (c) of this section.
The Planning Commission may, by conditional use permit, allow a lot occupied by a nonconforming use to be further developed by the addition of conforming uses and structures.
(b) 
Discontinued Use. If the nonconforming use of land is discontinued for a period of six months or more, any following use shall conform with all applicable requirements of this title.
(c) 
Single-family Residential Use. A detached single-family residence existing as a principal use in commercial or industrial zoning districts may be continued as a residential use, subject to subsection (b) of this section, and may be altered, provided that no increase in the number of dwelling units or increase greater than 50% in the usable floor area, as it existed on the effective date of this title, occurs. Any expansion pursuant to this standard shall conform with all applicable provisions of Chapters 9-4 and 9-6.
(Ord. 68 § 9-7.106, 1983; Ord. 203 § 2, Exh. A, 1990)
The use of a building which is in conformity with the provisions of this title but which is occupied by a nonconforming use may be continued as follows:
(a) 
Extension of Use. The use may be extended throughout the building provided no structural alterations to the building are made except those required by law.
(b) 
Discontinued Use. If the nonconforming use of the building is discontinued for a period of six months or more, any subsequent use of the structure shall conform with all applicable requirements of this title.
(Ord. 68 § 9-7.107, 1983)
Any structure that does not conform to the setback, height, or coverage requirements specified in this title, or the requirements of the building and construction ordinance, may continue to be used provided the structure was established and has been maintained in a lawful manner and condition and is not altered or expanded, except:
(a) 
Proposed alterations or expansions consistent with the provisions of this title, when accompanied by any additional alterations necessary to bring the structure into conformity with all applicable provisions of Title 8 of this code, shall be allowed.
(b) 
Minor alterations necessary to improve or maintain the health and/or safety of the occupants, or required by law, shall be allowed.
(c) 
Restoration of destroyed or partially destroyed nonconforming structures is subject to Section 9-7.110.
(Ord. 68 § 9-7.108, 1983)
If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 9-7.106) or a nonconforming sign is destroyed or partially destroyed to the extent of 75% or more of the replacement cost of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed; provided, the use, structure or sign and the land on which it was located are in conformity, or are brought into conformity with all applicable requirements of this title with the exception of the following:
(a) 
A ground floor health care or office use within the DC zoning district may be reconstructed within the same building footprint, if destroyed by more than 75%, providing that the use, business ownership and floor area of the business all remain unchanged.
If a nonconforming use, structure or sign is partially destroyed by fire, explosion or act of God, to less than 75% of the replacement cost of the total structure before destruction, it may be restored to its former nonconforming status.
(Ord. 68 § 9-7.110, 1983; Ord. 615 § 4, 2018)
A use may be established in a structure which is nonconforming only as to off-street parking (Section 9-4.114) only:
(a) 
After the requirements for off-street parking have been met for the existing structure, as well as for any expansion; or
(b) 
As allowed by Section 9-7.112.
(Ord. 68 § 9-7.111, 1983)
A nonconforming use may be replaced with another use even though the building or site does not meet the standards of this title. However, such substitution shall occur only when the new use is determined to be similar to the prior nonconforming use or is allowed by Chapter 9-3 and only where:
(a) 
Any modifications or alterations to the structure occur as provided by Section 9-7.108(a); and
(b) 
A building or site does not conform with the parking standards of Section 9-4.114, in which case substitution shall not occur unless:
(1) 
The new use is required by Section 9-4.114 to provide the same number of parking spaces as the existing use, in which case no additional parking is required; or
(2) 
Where a new use is required (Section 9-4.114) to have a greater number of spaces than the existing use, the number of spaces provided shall be the difference between those required for the new use and those required for the existing use.
(Ord. 68 § 9-7.112, 1983)
Any lot having an area less than the minimum parcel size required by this title or other ordinances is a legal nonconforming lot if:
(a) 
The lot is shown on a duly approved and recorded subdivision or parcel map; or
(b) 
The lot has been issued a certificate of compliance or a conditional certificate of compliance.
(Ord. 68 § 9-7.113, 1983; Ord. 552 § 2, 2010)
A legal nonconforming lot may be developed for uses identified as an allowable or conditional use by Title 9, provided the minimum development standards established for a particular use are satisfied. This includes structures that are partially or completely destroyed that are conforming uses.
(Ord. 68 § 9-7.114, 1983; Ord. 552 § 2, 2010)
Reductions in the size of existing nonconforming lots shall only be allowed with lot line adjustments to correct historical and geographical use problems and to facilitate the relocation of existing utilities, infrastructure or easements. Under no circumstances shall lots conforming to minimum lot sizes be reduced in size to a nonconforming status.
(Ord. 134 § 9-7.115, 1986)
Application for a lot line adjustment affecting a nonconforming lot(s) shall be in a form approved by the Community Development Director. Procedures for Planning Commission consideration and action on such lot line adjustments shall be as provided for variances in Section 9-1.113 of this title.
(Ord. 134 § 9-7.116, 1986)