Sec. 27.235. - Termination of nonconforming uses.

(a)

Termination by Violation. Any of the following violations of this section shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this zoning ordinance:

1.

Changing a nonconforming use to a use not permitted in the zone;

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use;

3.

Addition to a nonconforming use of another use not permitted in the zone.

(b)

Termination by Discontinuance. Discontinuance of a nonconforming use as indicated herein shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise provided in this zoning ordinance:

1.

Changing a nonconforming use to a conforming use;

2.

Discontinuance of a nonconforming use for a period of twelve or more successive calendar months.

(c)

Termination by Operation of Law. The following nonconforming uses and structures shall be discontinued and removed from their sites within the time specified in this section, except when extended as otherwise provided in this section:

1.

Where the property is unimproved, one year;

2.

Where the property is unimproved except for structures of a type for which a building permit is not required, three years;

3.

Where the property is unimproved except for structures which contain less than one hundred square feet of gross floor area, three years;

4.

Permanent on-site or off-site signs and supporting structures, twenty-five years;

5.

Outdoor advertising signs and structures, twenty-five years;

6.

Nonconforming farm animals (except swine) in residential zones only, fifteen years;

7.

Nonconforming buildings and structures housing residential, commercial or industrial uses may be maintained for the time as set forth below based on the type of building construction as defined by the building code:

a.

Type IV and type V buildings (light incombustible frame and wood frame) used as:

(i)

Residential dwelling units, thirty-five years,

(ii)

Stores and factories, twenty-five years,

(iii)

Any other building use not herein enumerated, twenty-five years,

b.

Type III buildings (heavy timber construction and ordinary masonry) used as:

(i)

Residential dwelling units, offices, hotels, and motel, forty years,

(ii)

Structures with businesses below and residences, offices, or a hotel above, forty years,

(iii)

Warehouses, stores, and commercial garages, forty years,

(iv)

Factories and industrial buildings, forty years,

c.

Type I and type II buildings (fire resistive) used as:

(i)

Residential dwelling units, offices, hotels and motels, fifty years,

(ii)

Theaters, warehouses, stores and garages, fifty years,

(iii)

Factories and industrial buildings, fifty years.

(d)

Substitution of Nonconforming Uses. A new nonconforming use shall not be substituted for an existing nonconforming use.

(e)

Publicly Owned Nonconforming Uses. Any lawfully existing publicly owned nonconforming use, including, but not limited to, schools, parks, libraries, fire stations, and other public uses, may be added onto, expanded, extended or altered if such additions, extensions or alterations do not extend beyond the site boundaries of the original site and provided said addition, extension or alteration does not decrease the existing off-street parking facilities established pursuant to the provisions of this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Secs. 27.236—27.239. - Reserved.

Article XVI. - Administration of Zoning—Public Hearings, Applications and Fees.

Sec. 27.241. - Notice of public hearing on applications or petitions for a zone change, variance or conditional use permit.

(a)

Not less than ten days prior to the date of a public hearing on applications or petitions for a zone change, variance, or conditional use permit, the city clerk shall give notice of the hearing, which shall include the date, time, and place of such hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and the legal description and street address of the subject property in the following manner or as amended by the Government Code from time to time:

1.

Publication of the notice once in a newspaper of general circulation in the city of Brawley;

2.

Mailing or delivering a written notice of the public hearing to the property owner or the owner's duly authorized agent, and the project applicant for a zone change, variance or conditional use permit;

3.

Mailing or delivering written notice of the public hearing to each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the project; and

4.

Mailing or delivering written notice of the public hearing to all persons whose names and addresses appear on the latest available assessment roll of the county of Imperial as owning property within a horizontal distance of three hundred feet from the exterior boundaries of the subject property. Notice shall be per Government Code regulations as amended from time to time.

(b)

If the planning director determines that the publication and mailing of notices may not give sufficient notice, he/she may direct the posting of notices at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.

(c)

The planning director may also cause notice of the hearing to be sent to those public officers, departments, or agencies which may have an interest in the subject application.

(Ord. No. 2008-04 § 1.)