Blythe Municipal Code § 17.34.055 Nonconforming areas—Landscaping, garbage screening and street improvements

Within the districts established by this title or amendments that may later be adopted there exist lots, structures, including buildings or parts of buildings, uses of land and structures, and characteristics of use which existed before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms or this title. It is the intent of this chapter to permit these nonconformities to continue insofar as they are otherwise lawful, until they are removed or otherwise set out in this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the same district.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(A), 1982)

As used in this chapter:

A. "Nonconforming lot" means a legal lot as defined in Chapter 17.04 which does not conform to the regulations contained in this title.

B. "Nonconforming structure or building" means a building or portion thereof or a structure existing at the time the ordinance codified in this title was adopted and which was designed, erected or structurally altered for a use which does not conform to uses permitted in the zone in which it is located or which does not comply with development standards applicable in the zone in which it is located, but is otherwise lawful.

C. "Nonconforming use" means a use of a structure, building or land existing on October 12, 1982 which does not conform to the regulations for the zone in which it is located, but which is otherwise lawful.

(Ord. 595 § 6.02(B), 1982)

Where lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no individual structure with a replacement cost exceeding five thousand dollars, the use may be continued so long as it remains otherwise lawful, provided:

A. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on October 12, 1982.

B. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of the ordinance codified in this title.

C. If any such nonconforming use of land ceases for any reason for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified for the zone in which such land is located.

(Ord. 595 § 6.02(C), 1982)

If a lawful use involving individual structures including buildings or parts of buildings with a replacement cost of five thousand dollars or more, or of structures and premises in combination, exists that would not be allowed in the zone under the terms of this title, the use may be continued so long as it is otherwise lawful, subject to the following provisions:

A. No existing structure or building devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use on October 12, 1982, but no such use shall be extended to occupy any land outside such building.

C. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.

D. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located.

(Ord. 625 § 1, 1986; Ord. 601 § 1, 1984; Ord. 595 § 6.02(D), 1982)

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding or continued use of any nonconforming building or structure, damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, subsequent to the effective date of the ordinance codified in this chapter wherein the expense of such reconstruction does not exceed the fair market value of the structure at the time such damage occurred, provided, however said construction must be commenced (commencement of construction being defined as issuance of a building permit within two years thereafter and completed within one year after issuance of said building permit.

(Ord. 625 § 2, 1986)

A. On any nonconforming structure, building or portion of a structure or building containing a nonconforming use, work may be done to carry out ordinary repairs, or repair or replacement of walls, fixtures, wiring or plumbing, to the extent that the cubic content existing when it became nonconforming shall not be increased.

B. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

C. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, when such order is made, a conditional use permit may subsequently be granted to permit a use to continue which would otherwise become unlawful under other provisions of this section.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(E), 1982)

Where uses exist where the requirements for landscaping and concrete pads for trash sites in commercial and industrial zones, screening and street improvements in residential zones, parking in all zones, and other such requirements, at the time of the enactment of this section, those uses may continue without adherence to the requirements until such time as the use is intensified or when the cost of repairs or alterations equals or exceeds fifty percent of the assessed valuation of the structure (as set forth in the latest county assessment roll). Permits for partial work shall not negate this provision. All costs shall be cumulative for five years.

(Ord. 638 § 10 (part), 1988)

A nonconforming use of structure or land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.

(Ord. 595 § 6.02(F), 1982)