A. 
This article is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy.
B. 
While permitting the use and maintenance of nonconforming structures and signs, this article is intended to limit the number and extent of nonconforming structures and certain nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title and by prohibiting their restoration after destruction.
C. 
Eventually, certain classes of nonconforming uses, nonconforming structures of nominal value and certain nonconforming signs are to be eliminated or altered to conform.
(Ord. 950 § 2 (Exh. A § 2300), 1998)
A. 
For buildings and uses existing on March 17, 1980, in all commercial zones, the City Council has found and determined, after study and recommendation made by the planning commission, that the classification of uses adopted to implement the current general plan and bring this Title to conformity therewith, as to uses in commercial zones, would work unnecessary hardship upon the owners and occupants of properties and businesses in the said zones if such uses were to be rendered nonconforming and subject generally to the provisions of this article, without counterbalancing service of public need or convenience. The determination herein made is based upon an enumeration and study of the precise uses that would be rendered nonconforming were it not for the provisions of this article.
B. 
Therefore, buildings and uses, not including signs, which would be nonconforming under the regulations adopted for the said zones by amendments effective March 17, 1980, shall be exempt from this article, and shall be considered as permitted uses under this Title. Such use may be continued in the location in which they existed on March 17, 1980, without restriction as to repair, maintenance, or replacement in the event of disaster or other loss, or transfer of ownership.
C. 
Such uses shall not, however, be replaced after voluntary abandonment or termination by the owner or with the consent of the owner of the property, and buildings that do not conform to all current requirements of this Title as to height, bulk, setback, size, off-street parking and similar requirements, shall not be enlarged or extended to occupy additional land without a conditional use permit.
D. 
The replacement of existing buildings, whether or not for a prior use, shall comply with all height, bulk, setback, design review, off-street parking and similar requirements set forth by this Title.
(Ord. 950 § 2 (Exh. A § 2305), 1998)
A. 
A use, lawfully occupying a structure or a site on the effective date of Ordinance 950 (September 2, 1998) or of amendments thereto, that does not conform with the use regulations for the zoning district in which the use is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article.
B. 
A structure, lawfully occupying a site on the effective date of this Title or of amendments thereto, that does not conform with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be maintained, except as otherwise provided in this article.
C. 
A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on the effective date of this Title or of any amendments thereto, that does not conform with the standards for location, size, outdoor advertising structures, and displays for the district in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this article.
D. 
Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign.
E. 
Any parcel of land that is the result of a legal subdivision of land may be allowed to have improvements constructed on it even though the minimum lot area, width or depth requirements of this Title may not be satisfied; provided, that any proposed development complies with all other applicable requirements for the district in which it is located, unless a variance has been obtained to grant relief from the standards that would otherwise apply.
F. 
A minor antenna and its associated support structure, including those facilities used by licensed amateur radio operators in the Amateur Radio Service, installed prior to April 7, 1997, shall be deemed legal, prior existing facilities and shall not be subject to any of the requirements established in HMC § 20.20.080 or the zoning district in which it is located. However, if the facility use is abandoned for a continuous period of six months, the facility is destroyed in excess of 50 percent of its appraised value or the facility is expanded, enlarged or rebuilt in excess of 15 percent of the appraised value in any one-year period, then the appropriate requirements of HMC § 20.20.080 shall apply.
(Ord. 950 § 2 (Exh. A § 2310), 1998)
A. 
No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that:
1. 
A nonconforming residential use or structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, or enlarged if destroyed by fire, acts of God, or by the public enemy; provided, that the number of dwelling units is not increased.
2. 
A nonconforming hotel use or structure located in a commercial district may be altered or replaced if destroyed by fire, acts of God, or by the public enemy; provided, that the number of hotel rooms is not increased.
B. 
No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the place occupied by the nonconforming use, except as permitted in this section.
C. 
No nonconforming use shall be enlarged or extended in such a way to occupy any part of the structure or site which it did not occupy on the effective date of this title or of the amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.
D. 
No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
E. 
The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F. 
No use which fails to meet the required conditions for the district in which it is located shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in the elimination of nonconformity with required conditions.
(Ord. 950 § 2 (Exh. A § 2315), 1998; Ord. 1090 § 4 (Exh. B § 2315), 2009; Ord. 1233 § 4, 2023; Ord. 1234 § 4, 2023)
A. 
Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations of the district in which it is located.
B. 
Notwithstanding the time period given above, a residential visitor lodging operation shall not be considered abandoned or discontinued if a transient use occupancy is demonstrated by timely payment of transient occupancy fees within any continuous period of 180 days.
(Ord. 950 § 2 (Exh. A § 2320), 1998; Ord. 980 § 2 (Exh. A § 2320), 2001)
The following regulations apply regarding restoration of a damaged structure:
A. 
Whenever a structure that does not comply with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between buildings, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that the restoration is started within one year and diligently pursued to completion.
B. 
Whenever a structure that does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by an act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law, the structure shall not be restored, except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Notwithstanding the above, a nonconforming residential structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, enlarged, or replaced if destroyed by fire, acts of God, or the public enemy; provided, that the number of dwelling units is not increased. Nonconforming multifamily housing located in an Industrial District that is destroyed may only be replaced if the findings set forth in Government Code Section 65852.25 can be met as determined by the planning commission. Further, notwithstanding the above, a nonconforming hotel structure with more than five guest rooms, located in the Downtown Commercial (CD) District, may be altered or replaced and the hotel use resumed if destroyed by fire, acts of God, or the public enemy, to an extent greater than 50 percent; provided, that the number of hotel rooms is not increased from the use preceding the damage.
C. 
The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or reviewed and approved by the planning and building director.
(Ord. 950 § 2 (Exh. A § 2325), 1998; Ord. 1090 § 4 (Exh. B § 2325), 2009; Ord. 1233 § 5, 2023; Ord. 1234 § 5, 2023)
Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which it is located, the period of time prescribed in this article for the elimination of the use or the removal of the structure or the sign shall be computed from the effective date of the change of district boundaries or regulations.
(Ord. 950 § 2 (Exh. A § 2335), 1998)