Del Norte County Municipal Code § 21.48 Nonconforming Uses 21.48.10 Generally

The lawful use of land existing on the effective date of areas zoned or rezoned under Chapters 21.02 through 21.60, although such use does not conform to the regulations specified by Chapters 21.02 through 21.60 for the district in which such land is located, is a nonconforming use and may be continued as hereinafter provided, except that no such use shall be enlarged or increased nor be extended to occupy a greater area than that occupied by such use at the time the area is zoned or rezoned under Chapters 21.02 through 21.60 except as provided by Section 21.48.50 and except for the replacement of a mobilehome with a larger mobilehome. If any such use ceases for a period of one year, including a nonconforming mobilehome, the subsequent use of such land shall be in conformance with the regulations of Chapters 21.02 through 21.60. Should a nonconforming mobilehome be damaged or destroyed by fire, flood, explosion, or act of God, that mobilehome can be replaced if done within a period of one year following destruction of the mobilehome. A nonconforming mobilehome is a right that is transferable by the owner of the land upon which it is situated. Any billboard or outdoor advertising sign, except as otherwise permitted in any RRA, R-1, R-2 and R-3 district that is located within any RRA, R-1, R-2 or R-3 district shall be removed within seven years from and after the effective date an area is zoned or rezoned under Chapters 21.02 through 21.60.

(Ord. 83-03 (part), 1983)

The lawful use of a building existing October 23, 1967, may be continued, although such building and/or use does not conform to the regulations specified for the district in which such building is located.

(Ord. 83-03 (part), 1983)

If at any time, any building in existence on the effective date an area is zoned or rezoned under Chapters 21.02 through 21.60, which does not conform to the regulations for the district in which it is located, be damaged or destroyed by fire, explosion, act of God, or act of the public enemy, to the extent of more than fifty percent of the market value thereof, according to the appraisal by the county assessor for the fiscal year during which such destruction occurs, the land and building shall be thereafter subject to all the regulations specified by Chapters 21.02 through 21.60, for the district in which such land and buildings are located.

(Ord. 83-03 (part), 1983)

If the actual operation of a nonconforming use of a building ceases for a continuous period of twelve months, unless the legal owner can establish valid proof to the contrary, such cessation of nonconforming use shall be considered abandonment then without further action by the planning commission the building and the land on which the building is located shall be subject to all the regulations specified by Chapters 21.02 through 21.60 for the district in which such land and building are located.

(Ord. 83-03 (part), 1983)

The following additional regulations shall apply to nonconforming buildings:

1. The nonconforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use permit is first secured.

2. The nonconforming use of a portion of a building may be extended throughout the building provided that in each case a use permit is first secured.

3. The enlargement, extension, reconstruction or structural alteration of a nonconforming building may be permitted provided that in each case a use permit is first secured.

4. Ordinary maintenance and repairs may be made to any nonconforming building providing no structural alterations are made and provided that such work does not exceed the assessed value in any one-year period.

5. Where subject properties considered under subsections A through C of this section are located within the California Coastal Zone, a use permit for expansion may be issued only once and then only if the expansion increases use density or intensity by less than twenty percent.

(Ord. 83-03 (part), 1983)

Nothing contained in Chapters 21.02 through 21.60 requires any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date an area is zoned or rezoned under Chapters 21.02 through 21.60. "Actual construction" means the actual placing of construction materials in their permanent position, fastened in a permanent manner or actual work in excavating a basement, provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.

(Ord. 83-03 (part), 1983)