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Ordinance No. NS-XXX <br />Page 6 of 49 <br />2 <br />4 <br />5 <br />5 <br />2 <br />provided. Any open space with a minimum dimension of fifteen (15) feet <br />by fifteen (15) feet shall be deemed continuous open space. <br />c. Where rehabilitation of a building involves more than fifty (50) percent of a <br />building wall which encroaches into a front or side yard setback and is <br />demolished or is structurally altered, the remainder of the building wall shall <br />be demolished. Any subsequent building wall shall conform to all provisions <br />of this Chapter. <br />d. An existing two-car garage with a minimum dimension of eighteen (18) feet <br />by eighteen (18) feet exterior dimension shall be considered conforming. <br />e. Remodeling shall mean to reconstruct, or to make over in structure or style, <br />but shall exclude re-roof, window replacement, exterior finish replacement <br />and repair or similar modifications, as determined by the Executive Director <br />of the Planning and Building Agency, or designee. <br />f. No provision contained in this Article shall be interpreted or implemented in <br />a manner inconsistent with State law addressing accessory dwelling units, <br />as contained in Government Code Section 66310, et. seq. as amended from <br />time to time. <br />(7) Discontinuance of Nonconforming Uses, Generally. Nonconforming uses shall <br />be discontinued pursuant to Sec. 41-683 (Discontinuance of nonconforming <br />building or use) of this Chapter, regardless of intent, except as provided below: <br />a. Discontinuance of Noxious Use. <br /> <br />1. If a nonconforming industrial use that meets the definition of a Noxious <br />Use as defined in this Article requires a new certificate of occupancy for <br />any reason other than a change in business name with no change in <br />owner of the business, legal nonconforming status shall be lost and any <br />subsequent use must conform in every respect to the provisions of this <br />Article. <br />2. If a nonconforming industrial use that meets the definition of a Noxious <br />Use as defined in this Article is determined to be in violation of any <br />applicable Federal, State, or local regulation, as provided below, legal <br />nonconforming status shall be lost and any subsequent use of the <br />building shall conform in every respect to the provisions of this Chapter: <br />A. The violation lasts a period of thirty (30) consecutive days; or <br />B. The violation(s) are observed and documented for a total period of <br />sixty (60) days in a one-year period; or <br />C. Three noncompliant notices from a Federal, State, or local regulatory <br />agency relating to or arising from the nonconforming use are sent in <br />a one-year period.