Chapter 9.90

NON-CONFORMING USES, STRUCTURES, AND LOTS

Sections:

9.90.010 Purpose. 9.90.020 Applicability. 9.90.030 Non-conforming uses. 9.90.040 Non-conforming structures. 9.90.050 Non-conforming lots. 9.90.060 Removal of certain non-conforming uses and structures. 9.90.070 Effect of eminent domain. 9.90.080 Change of non-conforming uses.

Within the zones established by this title, there exist uses, structures, and lots that were lawful before this title was adopted or amended but which would now be prohibited under the terms of this title or its future amendments. It is the intent of this title to permit these non-conforming uses to continue until they are terminated, but not to encourage their expansion, and to provide for the modification or removal of these non-conforming uses and structures in an equitable, legally defensible, and timely manner. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.

This chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created but that do not comply with one or more applicable provisions of this title. This chapter does not apply to non-conforming signs, which are instead subject to the requirements of Chapter 9.56.

The regulations that apply to non-conforming uses in Avenal, including provisions that pertain to maintenance, repair, alterations, change in ownership, and termination, are as follows:

• A. Change of ownership, tenancy, or management of a non-conforming use shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.

• bb. Except as otherwise provided in this chapter, no structure that contains a non-conforming use shall be moved, altered, or enlarged unless required by law or the non-conforming use is eliminated.

Zoning Ordinance

280

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

• cc. If a non-conforming use is abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the use shall lose its legal, non-conforming status and shall be required to conform to the use and development standard regulations of this title.

• dd. Whenever a structure, which contains a non-conforming use, is damaged by fire, flood, or other calamities, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the building official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.

• ee. Whenever a structure, which contains a non-conforming use, is damaged by fire, flood, or other calamities, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the building official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.

• ff. An agricultural crop production use that is non-conforming due to annexation, adoption, or amendment to this title shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase.

• gg. A non-conforming residential use that is located in a Commercial or Industrial zone district may be altered or enlarged, provided that a conditional use permit is secured.

The regulations that apply to non-conforming structures in Avenal, including provisions that pertain to maintenance, repair, alterations, change in ownership, and damage, are as follows:

• A. Change of ownership, tenancy, or management of a non-conforming structure shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.

• hh. A non-conforming structure shall not be moved, altered, or enlarged unless required by law or unless the moving, alteration, or enlargement will result in the elimination of the nonconforming status of the structure.

• ii. Whenever a structure is damaged by fire, flood, or other calamities, and the extent of the damage is 50 percent or less of the floor area of the structure or 50 percent or less of the replacement value of the structure, as determined by the building official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.

• jj. Whenever a structure is damaged by fire, flood, or other calamities, and the extent of the damage is more than 50 percent of the floor area of the structure or 50 percent or more of the replacement value of the structure, as determined by the building official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.

• kk. A non-conforming residential structure may be moved, altered, or enlarged, provided that the alteration or enlargement is consistent with the development standards of the zone district in which the structure is located.

Zoning Ordinance

281

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

• A. A lot shall be deemed non-conforming if it was legally created in accordance with the State Subdivision Map Act prior to the adoption or amendment of this title but which does not meet all the provisions, standards, and requirements of this title applicable to lots.

• B. A non-conforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new non-conforming use or structure.

• C. A non-conforming lot may be used for any use allowed in the zoning district in which it is located.

• D. A structure conforming to the provisions of this title may be constructed on a non-conforming lot.

• A. Upon receipt of a violation, the following shall be removed within 30 days unless an alternative deadline is specified in the violation notice:

  1. A non-conforming use that does not occupy a structure or is using a structure having an assessed valuation of less than 1,000 dollars shall be discontinued and completely removed or converted to a conforming status.

  2. Whenever a structure has an assessed value of less than $500 and does not comply with the development standards of coverage, front yard, side yard, rear yard, height of structures, or distances between structures for the district in which the structure is located, the structure shall be removed from its site within five years from the effective date of this title.

  3. Existing fences, walls, and hedges that do not conform to the provisions of this title governing the placement of fences, walls, and hedges in relation to street intersections or encroachment into the public right-of-way shall be removed or modified to conform to the provisions of this title.

• A. If the area of the lot is reduced by eminent domain, the provisions for non-conforming lots and structures shall apply, but the provisions for non-conforming uses shall not apply.

• ll. If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed non-conforming, provided, however, such building or structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.

• mm. If any required parking space on a lot is reduced or eliminated by eminent domain, the use shall not be deemed non-conforming solely because of the lack of required parking spaces.

Nothing in this title pertaining to non-conforming structures and uses shall be construed or applied so as to require the termination, discontinuance, or removal or to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding and continued use of any electric distribution substation, electric transmission line, communications

Zoning Ordinance

282

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance

equipment building, gas regulator station or public utility pumping station; provided that there be no change of use or enlargement of those areas so used.

Zoning Ordinance

283

2024

City of Avenal Municipal Code Title 9 – Zoning Ordinance