Calaveras County Municipal Code Ch. 17.21 Nonconforming Uses, Structures, and Parcels

This chapter is intended to permit the use of parcels, continuation of uses, and continued occupancy and maintenance of structures that were legally established but do not comply with all the standards and requirements of this title in a manner that does not conflict with the general plan. To that end, this chapter establishes the circumstances under which a nonconforming parcel, use, or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the general plan and public health, safety, and general welfare.

The provisions of this chapter apply to legally established structures, parcels, and uses that have become nonconforming through the adoption of or amendment to the zoning code, including the current version of this code.

A. Nonconformities, Generally. Any lawfully established use, structure, or parcel that is in existence on the effective date of this title or any subsequent amendment but does not comply with all the standards and requirements of this title shall be considered nonconforming.

B. Right to Continue. Any use or structure that was lawfully established prior to the effective date of this title or of any subsequent amendments to its text or to the zoning map may only be continued and maintained provided there is no alteration, enlargement, addition, or other change to any building or structure; and no substitution, expansion, or other change including an increase in occupant load or any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter.

1. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.

2. The right to continue a nonconforming use or structure shall not apply to uses or structures deemed to be a public nuisance because of health or safety conditions.

3. The right to continue a nonconforming use or structure shall not apply if the nonconforming use has been abandoned or vacated as described in Section 17.21.080, Abandonment of Nonconforming Uses.

Any parcel that is smaller than the minimum parcel size required by this title or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming parcel if it is described in the official records on file in the office of the county Recorder as a parcel of record. A nonconforming parcel may be used as a building site subject to compliance with all applicable requirements, or, if it is not possible to comply with all applicable requirements, a variance is approved as provided for in Chapter 17.35, Variances.

Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Official to be a public nuisance because of health or safety conditions.

A. Maintenance and Repairs. Structural and nonstructural maintenance, repair, and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge the structure, change the building footprint, or increase building height.

B. Alterations and Additions. Alterations and additions to nonconforming structures are allowed if the alteration or addition complies with the development standards of this title and the use of the property is either a conforming or nonconforming residential use or a conforming nonresidential use.

C. Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this title may only be maintained in compliance with the requirements of Chapter 17.24, Signs.

A nonconforming structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by a willful act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

A. Restoration When Damage is fifty Percent or Less of Existing Floor Area. If fifty percent or less of the existing floor area is damaged, replacement of the damaged portions of the structure is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed, except that additions and alterations to nonconforming structures otherwise allowed by this chapter may also be made at the same time.

B. Restoration When Damage Exceeds fifty Percent of Existing Floor Area. If more than fifty percent of the existing floor area is damaged, the land and building shall be subject to all of the requirements of this title, including the provisions below.

1. Non-residential Uses and Structures. Any nonconforming use must permanently cease. The structure may be restored and used only in compliance with the requirements of this title.

2. Residential Uses and Structures. Nonconforming residential uses and structures may be reconstructed, restored, or rebuilt and the nonconforming use, if any, may be resumed provided the rebuilt development complies with current standards as provided in this section.

a. Timing. Building permits must be obtained within one year of the date of the damage or destruction and construction shall be diligently pursued to completion unless another time period is specified through conditional use permit approval.

Nonconforming uses shall not be expanded, moved, or changed except as provided below.

A. Expansion.

1. Residential Use. Nonconforming residential uses may be enlarged and expanded provided no new dwelling units are created, unless exempted pursuant to state law.

2. Nonresidential Use. Nonconforming nonresidential uses may only be expanded with conditional use permit approval.

a. Required Findings. The following findings must be made in order to approve a conditional use permit for the expansion of a nonconforming nonresidential use.

i. The nonconforming use was legally established.

ii. The proposed expansion of the nonconforming use would not be detrimental to public health, safety, or general welfare.

b. Conditions. When making its decision on an application for an expansion of a nonconforming use, the planning commission may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:

i. Required improvement of, or modifications to existing improvements on, the property;

ii. Limitations on hours of operations;

iii. Limitations on the nature of operations; and

iv. A specified term of years for which the expanded nonconforming use shall be allowed.

B. Change in Tenancy, Ownership, or Management. Any nonconforming use may change ownership, tenancy, or management where the new use is of the same use classification as the previous use, as defined in Chapter 17.42, Use Classifications.

C. Absence of Permit. Any use that is nonconforming solely by reason of the absence of a permit or approval required by this title may be changed to a conforming use by obtaining the appropriate permit or approval.

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 12 months as established by one of the following:

A. The site is vacated;

B. The business license lapses;

C. Utilities are terminated;

D. The lease is terminated; or

E. Similar evidence.