Alturas Municipal Code Div. 3 Nonconforming Uses, Structures, and Lots

This Section shall be known as the "Grandfathering Rights" Section within this chapter. It applies to those existing uses and structures that were lawfully established before the adoption of this chapter, but which would be prohibited, regulated or restricted differently under the terms of this chapter, as amended.

Unless otherwise stated in this chapter, this Section specifies the manner in which these legal nonconforming uses and structures may be continued or expanded. It also establishes criteria by which such uses or structures may be abated or removed in an equitable, reasonable, and timely manner without infringing on the constitutional rights of property owners.

(Ord. No. 503, 12-16-2014)

Change of ownership, tenancy or management of a legal nonconforming use, structure or lot shall not affect its legal nonconforming status, provided the specific use and intensity of use do not change, except as allowed in this Section.

(Ord. No. 503, 12-16-2014)

A legal nonconforming structure may be continued and maintained as follows:

A. Use. A legal nonconforming structure may be used or converted to any use that conforms to the zone district in which it is located and complies with the most recent City adopted Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time.

B. Structural Repairs and Alteration. A legal nonconforming structure may be repaired or altered, including structural alterations to bearing walls, columns, beams and girders, or may be increased in area or volume if the addition complies with this chapter and the most recent City adopted Building Code.

C. Structural Restoration. A legal nonconforming structure, or any part of it, may be restored up to its pre-damage size and placement if it is involuntarily damaged by fire, other catastrophic event, if:

1. The damage is not "Substantial Damage" as defined in Article VIII, and

2. Repairs are completed within three years.

(Ord. No. 503, 12-16-2014)

A legal nonconforming use may be continued and maintained as follows:

A. No Increase In Use. There can be no increase in intensity of use (or of area, space, or volume occupied or devoted to a legal nonconforming use) except as allowed in this Section.

B. Automatic Loss of Status. A legal nonconforming use that has ceased or been abandoned for a continuous period of six months, or more, shall automatically lose its nonconforming status, and the continued use of that property or structure shall conform to the regulations of the zone district in which it is located except for the following Agricultural uses:

1. Crop Production. If the legal nonconforming use is cultivated agricultural land, the use shall not be considered abandoned if it is part of a managed agricultural operation where such land is planned for continued cultivation.

2. Animal Keeping. If a legal nonconforming use involves the keeping of animals, then the number of animals, types of animals, and minimum lot area for animals not in conformance with the zone district in which they are located, may be continued until the owner or occupant removes them for a continuous period of one year or more. This exemption does not pertain to animal shelters or enclosure requirements as noted in Section 28.31.020C, which are required regardless of conditions existing before the adoption of this chapter.

C. Shared Use. Additional uses are allowed on property that contains a legal nonconforming use provided those uses meet all requirements and regulations of the zone district in which they are located, and do not result in the nonconforming use expanding as restricted in this Section.

D. Voluntary Conversion. Subsection B notwithstanding, if a legal nonconforming use is converted to a conforming use (or is terminated and replaced by a conforming use), no previous nonconforming use may be resumed.

E. Mobility of Use. Legal nonconforming uses may not terminate in one location and move to a new location where they are still a nonconforming use. The status of a use being Legal Nonconforming is restricted to their original location.

F. Structural Repairs and Alterations. Repairs and alterations may be made to structures containing legal nonconforming uses, including structural alterations to bearing walls, columns, beams and girders, or an increase in area or volume of the structure so long as the total of all alterations (over time) do not increase the area available to the legal nonconforming use by more than 20% of its original area. All work shall meet the requirements of the most recent City adopted Building Code.

G. Termination Due to Structural or Facility Damage. A legal nonconforming use that is involuntarily discontinued because of accidental damage to the structure or facilities upon which it depends may be resumed in the same location once the damage is repaired as long as Substantial Damage (as defined in Article VIII) was not sustained by the structure and repairs are completed within 3 years.

(Ord. No. 503, 12-16-2014)

The Commission (subject to right of appeal to the Council) may allow changes or expansions to legal nonconforming uses as set forth in this Section. Procedures adopted for Use Permits according to Article V, shall be used, except that the findings set forth in this Section shall be made by the Commission prior to approval.

A. Substitution of Use. A legal nonconforming use may be changed to another nonconforming use of the same or less intensive nature.

B. Structure Defining Use. A structure occupied by a legal nonconforming use that has ceased or been abandoned according to this Section may be allowed to be used for the same or less intensive use if the structure or structures cannot feasibly be used for any use consistent with the zone district in which it is located.

C. Increasing Intensity of Use. A legal nonconforming use may be enlarged, expanded, or extended when such use (not the expansion of such use) is necessary due to economic market demands for the goods, products, or services provided.

D. Time Limit Extensions. The time limits specified in this Section may be extended if it is found that (1) unusual conditions exist, that could not otherwise have been foreseen, to warrant such an extension, and (2) not providing the extension would cause undue hardship on the operator of the use or their clients.

E. Required Findings. The Commission shall make all of the following findings regarding changes or expansions to legal nonconforming uses:

1. The proposed change or expansion of the legal nonconforming use is essential and/or desirable to public convenience or welfare.

2. The change or expansion of the nonconforming use will not have a negative impact on the surrounding conforming uses and the area overall.

3. Other property where the use would be conforming is unavailable, either physically or economically.

4. No other reasonable remedies are available to bring the use into conformance.

(Ord. No. 503, 12-16-2014)

Legal Nonconforming Lots are those lots legally created as defined in Article VIII under "Legal Lot" that do not conform to current lot area and/or dimension standards for the zones in which they are located. Nonconforming lots shall be subject to the following:

A. The uses allowed in the zone shall be allowed on a nonconforming lot.

B. Development standards for the zone in which the lot is located, including setbacks, shall be applied to all development on the lot.

(Ord. No. 503, 12-16-2014)

Any structure for which the City has issued a building permit that is still in effect, or any conforming use or building which was legally under construction before the effective date of any ordinance rendering the structure or use nonconforming, may be completed and used according to approved plans, specifications or permits as follows:

A. For nonconforming uses, the use shall be commenced within six months of the effective date of the ordinance rendering such use nonconforming.

B. For nonconforming structures, the construction shall be commenced within six months and completed within two years of the effective date of the ordinance rendering such structure nonconforming.

(Ord. No. 503, 12-16-2014)

A. Nonconforming Lots and Structures. Where the City asserts that:

1. An existing lot or structure is either (1) a legal nonconforming lot or structure and therefore subject to this section, or (2) that a lot or structure cannot be built upon or used because it did not conform to the codes in effect at the time it was created, the City shall have the burden of proof.

2. An existing legal nonconforming structure was "Substantially Damaged" (as defined by Article VIII), and therefore should not be allowed to be repaired or rebuilt, the applicant/owner shall have the burden of proof that this is not the case.

B. Nonconforming Uses. Where the City asserts that an existing use is:

1. A legal nonconforming use, and therefore subject to this section, the burden of proof shall be on the City.

2. No longer a legal nonconforming use pursuant to this Section, due to the termination of the use by either replacement or a lapse of time, the operator of the use shall have the burden of proof that their use did not terminate.

(Ord. No. 503, 12-16-2014)

Nothing contained within this Section shall be construed to allow a legal nonconforming use to be conducted in such a way as to constitute a public or private nuisance, or a danger to the public health and safety.

(Ord. No. 503, 12-16-2014)