§ 23.09.026. Nonconforming Uses of Land.

Any nonconforming use of land (Section 23.09.012a) may be continued as follows, except as provided by Section 23.09.033 (Destroyed Structures and Signs):

a.

Expansion of existing use: The use may not be enlarged, increased, or extended to occupy a greater area of land than was occupied by the use on the effective date of this title or amendment to this title which created a nonconformity, except as otherwise provided by this section. No land use, identified by Coastal Table O, Part I of the Land Use Element, shall be established on the site in addition to the nonconforming use of land, except:

(1)

Where the nonconforming use is first brought into conformity with all applicable provisions of this title and Title 19 of this code prior to application for a new conforming use; or

(2)

Where Development Plan approval authorizes a new use to be established subject to:

(i)

Conditions of approval which require that the nonconforming use be brought into conformity within a specific time to be determined by the Planning Commission, not to exceed three years; or

(ii)

Findings by the Planning Commission that the proposed new use is independent from the nonconforming use and will not act to prolong the nonconforming use.

b.

Maintenance, repair and alteration. A building or structure that constitutes a nonconforming use of land may undergo necessary repairs and maintenance consistent with the provisions of Section 23.09.033 (Destroyed Structures and Signs), but shall not be altered except for non-structural changes in the appearance of the building. Structural changes shall occur only where needed to correct conditions that have been determined by the building official to be hazards to the health or safety of users of the building or structure.

c.

Discontinued use: If a nonconforming use of land is discontinued for a period of six months or more, or a nonconforming use of land in a building designed exclusively for the use (e.g., a service station) is discontinued for 12 months or more, any following use shall be in conformity with all applicable requirements of this title, except as provided by Section 23.09.036 (Nonconforming Parking).

d.

Single-family dwelling: A detached single-family dwelling existing as a principal use, and any accompanying residential accessory uses (as defined by Chapter 7, Part I of the Land Use Element), may be continued as residential uses subject to subsection b. of this section, and may be altered, provided that no increase in the number of dwelling units, or aggregate increase greater than 25 percent in the usable floor area occurs. Additional residential accessory uses may also be established on the site as part of the allowed 25 percent expansion. Any expansion pursuant to this standard shall be in accordance with all applicable provisions of Chapter 23.04, 23.05, 23.07 and 23.08 of this title.

e.

Destroyed structure: When a structure that constitutes a nonconforming use of land is destroyed or partially destroyed, its restoration is subject to Section 23.09.033 (Destroyed Structures and Signs).

f.

Nonconformity due to lack of land use permit: Any nonconforming use which is nonconforming only because of the absence of a land use permit shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required land use permit. The use shall be deemed a conforming use upon securing the approval of such permit. Proposals for farm support quarters pursuant to Section 23.08.167 of this title shall not be deemed an enlargement, alteration or extension of the existing use for purposes of this subsection.

g.

Nonconforming Use of land in a conforming building or structure: The use of a building which is in conformity with the provisions of this title for a nonconforming use of land may be continued and may be extended throughout the building provided no structural alterations to the building are made except those required by law.

[Amended 1992, Ord. 2540; 1992, Ord. 2547; 1995, Ord. 2715]