§ 23.09.030. Nonconforming Buildings, Structures or Site Development.

Any nonconforming building, structure or site development as defined by Section 23.09.012b may continue to be used as provided by this section (and Section 23.09.032 in the case of nonconforming signs) where the structure was established and has been maintained in a lawful manner and condition.

a.

Nonconforming buildings or structures - Expansion or alteration. The floor area or the footprint of a nonconforming building or structure shall not be increased, nor shall any structural alteration occur, except:

(1)

Proposed alterations or expansions consistent with all applicable provisions of this title, when accompanied by any additional alterations necessary to bring the entire building or structure into conformity with all applicable provisions of Title 19 of this code.

(2)

Minor alterations which are determined by the building official to be necessary to improve or maintain the health and/or safety of the occupants, or are required by law.

(3)

Restoration of destroyed or partially destroyed nonconforming buildings or structures, subject to Section 23.09.033 (Destroyed Structures and Signs).

The establishment of additional conforming buildings, structures or uses on the site may be allowed as provided by subsection b. of this section.

b.

Additional buildings, structures or uses. Separate conforming buildings, structures and uses of land may be established on the same site as a nonconforming building or structure, as follows:

(1)

Permit requirement: Minor Use Permit for all uses except farm support quarters, unless this title would otherwise require Development Plan approval for the proposed additional building, structure or use. Site Plan approval for farm support quarters unless this title would otherwise require Development Plan or Minor Use Permit approval.

(2)

Criteria for approval. The approval body shall not grant a Minor Use Permit pursuant to this section unless it first determines that the existing building or structure satisfies the following requirements, or will be modified to meet such requirements as a result of conditions of approval.

(i)

The existing building or structure shall be brought into conformity with all applicable provisions of Sections 23.05.080 et seq. (Fire Safety), Chapter 23.06 (Operational Standards), and provisions of Chapter 23.07 of this title relating to Airport Review, Flood Hazard and Geologic Study Areas.

(ii)

The building or structure shall conform with all applicable provisions of Title 19 of this code and the Uniform Building Code regarding the location of buildings on property and the fire resistiveness of exterior walls, parapets and roofs.

The approval body may also require through conditions of approval that the nonconforming building or structure be brought into compliance with any applicable provisions of this code if they find that such correction is necessary to enable making the findings required for the approval of a Minor Use Permit or Development Plan by Sections 23.02.034c(4)(iii) through (v) of this title, or to avoid other anticipated problems with the new proposed use.

c.

Substitution of use: A use of land on a site with a nonconforming building or structure or nonconforming site development may be replaced with another use only as follows:

(1)

Substitution shall occur only when the new use is identified as an allowable (an "A", "S" or "PP" use) by Coastal Table O, Part I of the Land Use Element; and

(2)

The new use is established pursuant to the permit requirements and all other applicable provisions of this title, except:

(i)

Modifications or alterations to the building may occur as provided by Section 23.09.030a; and

(ii)

Where the building or site does not conform with the parking standards of Section 23.04.160 et seq. (Parking), substitution shall satisfy the provisions of Section 23.09.036 (Nonconforming Parking) instead of Sections 23.04.160 et seq.

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