Colfax Municipal Code Ch. 17.100 Nonconforming Uses, Buildings and Structures

The purpose of these provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed.

(Ord. No. 519, 8-8-2012)

Any lawful use existing on August 24, 1967, for which a use permit is required by the provisions of this title, shall be considered a nonconforming use until a use permit is secured in accordance with the provisions of Chapter 17.32 of this title.

(Ord. No. 519, 8-8-2012)

Any use, building or structure lawfully existing on July 25, 1967, may be continued, subject to the provisions of this chapter, even though such use, building or structure does not conform with the provisions of this title for the district in which such use, building or structure is located.

(Ord. No. 519, 8-8-2012)

A. Changes. Where the nonconforming use of a building is non-residential, the non-conforming use may be changed to a use of the same or more restricted nature provided a use permit is first secured. If the nonconforming use is residential, the change in use will not require a use permit.

B. Extensions. The nonconforming non-residential use of a portion of a building may be extended throughout the building provided a use permit is first secured.

(Ord. No. 519, 8-8-2012)

A. If the actual operation of a nonconforming use of a building ceases for a continuous period of one year, then, without further action by the planning commission, such building and the land on which such building is located shall be subject to all the provisions of this title for the district in which such land and building are located.

B. In the case of the nonconforming use of land where no building is involved, if such actual use ceases for a period of thirty (30) days, then, without further action by the planning commission, such land shall be subject to all the provisions of this title for the district in which such land is located.

(Ord. No. 519, 8-8-2012)

A nonconforming building may be enlarged, extended or structurally altered within the limits of the property under one ownership on July 25, 1967, under one or more of the following conditions:

A. If such enlargement, extension or alteration and the use thereof, conforms in all respects the provisions of this title for the district in which such building is located;

B. If the building is nonconforming by reason of its violation of the yard, height, coverage or use requirements for the district in which such building is located and any existing nonconforming yards about such buildings are not further reduced by such enlargement, extension or structural alteration and any other yards are not reduced below the requirements of this title and a use permit is first secured; or

C. If the building is nonconforming by reason of the manner in which it is being used or intended to be used and the enlargement, extension or structural alteration conforms to the yard, height and coverage requirements of this title for the district in which such building is located and a use permit is first secured.

(Ord. No. 519, 8-8-2012)

A. Work may be done on any nonconforming structure or portion of a structure containing a nonconforming use in any period of twelve (12) consecutive months on ordinary repairs or on the repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent, or a larger percent if approved by the planning director or chief building official, of the current replacement cost of such structure or portion thereof; provided, however, the cubic content existing when such structure became nonconforming shall not be increased.

B. The provisions of this chapter shall not be deemed to prevent strengthening or restoring to a safe condition any building or portion thereof, declared to be unsafe by any official charged with protecting the public safety upon the order of such official.

(Ord. No. 519, 8-8-2012)

If at any time any lawful nonconforming building is damaged or destroyed by natural fire, explosion, act of God or act of the public enemy to the extent of more than fifty (50) percent of the appraised value thereof according to the records of the county assessor for the fiscal year in which such destruction occurs, the land and building shall be subject to all the provisions of this title for the district in which such land and buildings are located; provided, however, such building may be rebuilt and the use continued, as provided in this chapter for nonconforming uses, if an administrative permit is first secured from the planning director.

(Ord. No. 519, 8-8-2012)

Reconstruction or structural alteration of a building with nonconforming parking or loading facilities, is permitted provided there is no expansion of use requiring additional parking as required by Section 17.108.040. The existing nonconforming parking and loading for the building may remain unchanged.

(Ord. No. 519, 8-8-2012)

A parcel that does not comply with the minimum requirement of this title for the zone district in which it is located, may be used as a building site if it complies with either of the criteria specified below. It shall be the responsibility of the applicant to produce sufficient evidence to establish one of the following:

A. Approved Subdivision. The parcel was created as part of a subdivision approved pursuant to a duly adopted ordinance of the City of Colfax and in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).

B. Approved Certificate or Conditional Certificate of Compliance. The parcel has been issued a certificate or conditional certificate of compliance.

(Ord. No. 519, 8-8-2012)