Article C — NONCONFORMING USES, STRUCTURES, AND PROPERTIES — Lemoore Zoning Code

SECTION:

9-2C-1: Purpose And Applicability

9-2C-2: Declaration Of Nonconforming

9-2C-3: Continuation

9-2C-4: Maintenance

9-2C-5: Modification And Expansion

9-2C-6: Abandonment Or Discontinuance Of Nonconforming Use

9-2C-7: Restoration Of Damaged Uses And Structures

9-2C-8: Nonconforming Signs

9-2C-1: PURPOSE AND APPLICABILITY: ¶

This article establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments. It is the intent of these regulations to allow the continuation of nonconformities under limited conditions outlined herein and reconstruction in the event of natural disaster. (Ord. 2013-05, 2-6-2014)

9-2C-2: DECLARATION OF NONCONFORMING: ¶

A. Nonconforming Use: Any use that is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this article or any subsequent ordinance, shall be deemed to be a nonconforming use.

B. Nonconforming Structure: Any structure, including signs, that is not permitted under the provisions of this title (or any amendments thereto) but was legally in place, with licenses and permits in current status, at the effective date of the ordinance codified in this article or any subsequent ordinance, shall be deemed to be a nonconforming structure.

C. Nonconforming Property: Any property or lot that is less than the minimum lot size required by this title, or has less than the minimum lot dimensions required by this title, shall be deemed to be a nonconforming property.

D. Legally Nonconforming: A use, structure, or property shall be deemed to be legal nonconforming if the use, structure, or property was legally established prior to the change in this title that made it nonconforming. (Ord. 2013-05, 2-6-2014)

9-2C-3: CONTINUATION: ¶

A. Use: A nonconforming use may continue to operate in perpetuity, be transferred, or be sold, provided that the use shall not be enlarged or intensified, nor be expanded to occupy a greater area than it lawfully occupied before becoming nonconforming. Likewise, plans for any use approved as of the date the ordinance codified in this chapter becomes effective may be carried out as approved. Any extension of such approval for which the applicant was entitled to apply as of the effective date may be granted according to the regulations in effect prior to the effective date; if granted, such extension will be considered the same as an approval granted before the effective date. The person asserting the nonconforming use must present evidence that the use existed before the enactment of the zoning code provision prohibiting the use.

B. Structure: A structure lawfully occupying a site on the effective date of this title, or of amendments hereto, which does not conform with the standards of coverage, front yard, side yards, rear yard, or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this article.

C. Property: Except as otherwise provided in this article, a property or site having an area, frontage, width, or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this title, and which had a legal area, frontage, width, and depth at the time that the subdivision map, deed, or contract of sale was recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district. (Ord. 2013-05, 2-6-2014)

9-2C-4: MAINTENANCE: ¶

A nonconforming structure or site may be maintained or improved as follows:

A. Maintenance And Repair: A nonconforming structure may be maintained and repaired. Maintenance may include repair work necessary to keep the building or structure in sound condition, but maintenance shall not include the replacement of a building or structure.

B. Seismic Retrofitting And Building Code Compliance: Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the building code.

C. Safety Improvements: Structural alteration of a nonconforming structure to improve safety or to reduce fire hazard. (Ord. 2013-05, 2-6-2014)

9-2C-5: MODIFICATION AND EXPANSION: ¶

A. Use: A nonconforming use shall not be expanded or modified.

B. Structure: No nonconforming structure shall be altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structure, or distances between structures prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved unless the new location shall conform to the standards prescribed in the regulations prescribed for the district in which the structure is located. (Ord. 2013-05, 2-6-2014)

9-2C-6: ABANDONMENT OR DISCONTINUANCE OF NONCONFORMING USE: ¶

A. Abandonment Or Discontinuance Generally: Whenever a nonconforming use has become abandoned or discontinued for a continuous period of twelve (12) months, the nonconforming use shall not be reestablished and the use of the site or structure thereafter shall be in conformity with the regulations for the district in which it is located; provided, however, that a similar type nonconforming use may be established within the twelve (12) month period. A determination that a use has been abandoned requires both: 1) evidence of an intention to abandon, and 2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall of itself not be considered a continuation of the use. Without further action by the city, any subsequent use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code.

It is the intent of this section to prohibit the addition of a new nonconforming use with functions and characteristics which clearly are different from those of the preexisting nonconforming use. The term "similar type" means similarity in type and intensity of operations or activities and shall not be construed so as to allow uses which would be more incompatible with conforming uses within the vicinity. As examples, one type of business use may be permitted to replace another type of business use, and one type of contracting service may be allowed to replace another type of contracting service; provided, that such uses are of same or less general intensity as to traffic generation and other operational characteristics associated with the previous nonconforming use.

B. Extension Of Residential Uses In Nonresidential Zoning Districts: The city recognizes that there are existing single- family residential uses in nonresidential zoning districts. It is the intent of the city that, in the future, property owners will proceed with development of their property consistent with the general plan and this title at such time as they choose. Until such time, should an existing legal nonconforming single-family residential dwelling in a nonresidential zoning district become vacated for more than twelve (12) months, the dwelling may be reoccupied upon issuance of a temporary use permit as provided in section 9-2B-4, "Temporary Use Permit", of this chapter.

rty consistent with the general plan and this title at such time as they choose. Until such time, should an existing legal nonconforming single-family residential dwelling in a nonresidential zoning district become vacated for more than twelve (12) months, the dwelling may be reoccupied upon issuance of a temporary use permit as provided in section 9-2B-4, "Temporary Use Permit", of this chapter.

C. Extension Of Nonconforming Period: A legal nonconforming use may be reestablished after twelve (12) months of discontinuance upon approval of a conditional use permit as provided in section 9-2B-14, "Conditional Use Permit", of this chapter. Approval of the conditional use permit shall be conditioned upon the physical improvement of the property to bring it into conformance with the requirements of the general plan and this title, including, but not limited to, necessary right of way dedications and streetscape improvements. (Ord. 2013-05, 2-6-2014)

9-2C-7: RESTORATION OF DAMAGED USES AND STRUCTURES: ¶

Whenever a nonconforming use or a nonconforming structure is damaged or destroyed by fire or other calamity, or by an act of God, or by public enemy, the following standards shall apply. The extent of damage to any structure shall be determined by the building official and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.

A. Less Than Seventy Five Percent Damage: To the extent that less than seventy five percent (75%) of the structure is damaged or destroyed, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion.

B. At Least Seventy Five Percent Damage: To the extent that seventy five percent (75%) or more of the structure is damaged or destroyed, or shall be voluntarily razed, or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming structure or use shall not be resumed. (Ord. 2013-05, 2-6-2014)

9-2C-8: NONCONFORMING SIGNS: ¶

Standards for nonconforming signs are provided in subsection 9-5F-2E, "Nonconforming Signs", of this title. (Ord. 2013-05, 2-6-2014)

CHAPTER 3

ZONING DISTRICTS AND MAP

SECTION:

9-3-1: Purpose ¶

9-3-2: Zoning Districts Established ¶

9-3-3: Map Established ¶

9-3-1: PURPOSE: ¶

This chapter establishes the framework of zoning districts within the city of Lemoore and their relationships to the city's general plan land use categories. This chapter also establishes the zoning map as the official designation of zoning district boundaries. (Ord. 2013-05, 2-6-2014)

9-3-2: ZONING DISTRICTS ESTABLISHED: ¶

Zoning districts are established in order to classify, regulate, designate, and distribute the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population.

The city of Lemoore is divided into zoning districts that are grouped into two (2) categories: a) base zoning districts, and b) overlay zoning districts. These districts conform to and implement the city’s general plan land use categories as described in table 9-3-2, “Zoning Districts”, of this section. Chapter 4, “Land Uses”, of this title identifies the allowed uses and requirements for planning entitlements. Chapter 5, article B, “Development Standards By Zoning District”, of this title identifies development standards unique to each zoning district.

A. Base Zoning Districts: The base zoning district is the primary zoning district that applies to a property. Every parcel throughout the city has a base zoning district that establishes the primary land use type, density, intensity, and site development regulations. Base districts are grouped into five (5) categories as follows:

Residential zoning districts;
Special purpose zoning districts;
Mixed use zoning districts;
Office, commercial, and industrial zoning districts; and
Specific plan zoning districts.

B. Overlay Zoning Districts: The overlay zoning districts function to supplement the base zoning district for one or more of the following purposes:

To allow more flexibility from the standard provisions of the underlying base zone;
When special provisions are needed to protect unique site features or implement location specific provisions; and/or
To specify a particular standard or guideline for an area.

In the event of a conflict between the regulations of the base zoning district and the overlay zoning district, the provisions of the overlay zoning district shall apply.

TABLE 9-3-2

ZONING DISTRICTS

	ZONING DISTRICTS
Zoning District Symbol	Zoning District Name/Description	General Plan Land Use Designation Implemented By Zoning District
Zoning District Symbol	Zoning District Name/Description	General Plan Land Use Designation Implemented By Zoning District
Residential zoning districts:
AR	Agriculture and rural residential. This district is designated for single-family detached residential development in areas with rural and semirural characteristics. Parcel sizes are greater than 40,000 square feet. Residential density is typically provided at 0.05 unit per gross acre (1 unit per 20 acres), with a maximum densityof 0.2 unitpergross acre(1 unitper 5 acres).	Agriculture/rural residential
RVLD	Very low density residential. This district is designated to provide transition between semirural residential and single-family detached residential areas. Lot sizes are between 10,000 and 40,000 square feet. Residential density for this designation ranges from a minimum of 1 to a maximum 3 unitspergross acre.	Very low density residential
RLD	Low density residential. This district is designated for single-family residential subdivisions at a range from a minimum of 3 to a maximum of 7 units per gross acre. Lot sizes range from 5,000 to 15,000 square feet.	Low density residential
RN	Traditional neighborhood residential. This district is designated for older, historic neighborhoods in central Lemoore and new development that is designed with similar characteristics. Development features single-family residential homes at a density range from a minimum of 7 to a maximum of 12 units per gross acre with lot sizes between a minimum of 3,000 and a maximum of 7,500 square feet. The fronts of homes are typically accessed from the public street, while garages and services (e.g., trash)are accessed from the rear of the lot via apublic orprivate alley.	Low-medium density residential
RLMD	Low-medium density residential. This district is designated for higher density single-family residential development including small lot single-family, attached single-family and duplexes, triplexes, fourplexes, and townhomes. Typical residential density for this designation ranges from a minimum of 7 to a maximum of 12 unitspergross acre. The lot sizes range from 3,000 to 7,000 square feet.	Low-medium density residential
RMD	Medium density residential. This district is designated for multi-family residential development, including apartments and townhomes. Development is typically 2 and sometimes 3 stories, with balconies, common area open space, and shared amenities. Residential densities range from a minimum of 12 to a maximum of 17 units per gross acre. Lot size to unit ratio is between 2,000 and 3,600 square feet.	Medium density residential
RHD	High density residential. This zoning district is designated for multi-family apartments and condominium development. Residential densities range from a minimum of 17 to a maximum of 25 units per gross acre. High density residential development is best suited along arterials and around the downtown. Lot size to unit ratio is between 1,700 and 2,500 square feet.	High density residential
Specialpurpose zoning districts:
W	Wetlands. This district is designated for the preservation and protection of existing and recreated wetland areas; for the protection of wildlife, hydrological, and biological resources; and for the preservation of open space lands and naturalprotection areas.	Wetlands
AG	Agricultural. This district is designated solely for agricultural activities (e.g., crop production, animal keeping)onparcels larger than 40,000 square feet.	Agricultural
PR	Parks and recreation/ponding basin. This district is designated for improved and unimproved park facilities, including neighborhood, community, and regional parks; public golf courses; and recreational facilities that provide visual open space and serve the outdoor recreational needs of the community. Also includespondingbasins and other drainage facilities.	Parks/recreation greenway/ detention basin
CF	Public services and community facilities. This district is designated for lands owned by public entities, including schools, administrative offices, corporation yards, and public facilities, including trash collection and solid waste facilities, sewage treatment ponds, and fire stations.	Community facilities
Mixed use zoning districts:
DMX- 1	Downtown mixed use, core. This district comprises the historical center of the downtown. The district is designated for retail, commercial, professional office, personal services, second story residential, public, and institutional uses. Retail, restaurant, and personal service uses are generally the primary use at the site. Where there is residential development, densities range between 12 and 20 units per gross acre.	Mixed use
DMX- 2	Downtown mixed use, auto oriented. This district comprises the area of the downtown more oriented around the use of the automobile. The district is designated to facilitate the natural transition of the existing structures and uses to more intensive uses at the desire of the property owner. This district allows for retail, commercial, professional office, high density residential or live/work studios, public, and institutional uses. Where there is residential development, densities range between 12 and 17 unitspergross acre.	Mixed use, low density residential, low-medium density residential, neighborhood commercial, professional office, light industrial, community facilities

	ZONING DISTRICTS
DMX- 3	Downtown mixed use, transitional. This district comprises a combination of light office and low to medium density residential uses. The district is designated for a continuation of the current design pattern with enhancements in the level of architectural design and detailing. The DMX-3 zone completes the transition from the downtown to the surrounding residential properties by utilizing some of the building siting qualities of the adjacent residential development. This district allows for professional office and medium density residential, with small scale support commercial uses, as well as bed and breakfast. Where there is residential development, densities range between 3 and 17 unitspergross acre.	Mixed use, low density residential, low-medium density residential, professional office, community facilities
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MU	Mixed use. This district is designated to provide for retail, residential, office, business and personal services, public, and institutional uses in neighborhood oriented centers in a variety of mixed use configurations, such as ground floor commercial with residential or office uses above, or collocation of buildings with different single uses on a contiguous mixed use area. Development is pedestrian oriented to enhance street life and the vibrancy of neighborhoods. Residential density ranges from 8 to 20 unitspergross acre.	Mixed use
Office, commercial, and industrial zoning districts:
NC	Neighborhood commercial. This district is designated for small scale commercial uses that primarily provide convenience, personal services, and social services such as small scale retail, eating and drinking establishments, commercial recreation, and professional office as a secondary use. It is designed to foster apedestrian settingalong public streets.	Neighborhood commercial
RC	Regional commercial. This district is designated for large scale commercial development that serves local and regional needs. Sites are easily accessible from freeways and may contain a variety of goods and services, such as large format retail, department stores, eating and drinking establishments, hotels, and motels.	Regional commercial
PO	Professional office. This district is designated for professional offices, which typically include administrative, financial, business, professional, medical, dental, and public uses. Churches and places for religious assembly and compatible multi-family housing also are allowed (density range from a minimum of 17 to a maximum of 25 units per gross acre). Complementary support services, such as business support services and restaurants, also arepermitted.	Professional office
ML	Light industrial. This district is designated for manufacturing, warehousing, storage, distribution, sales, and services with ancillary commercial and office space. Freestanding retail stores are not permitted.	Light industrial
MH	Heavy industrial. This district is designated for manufacturing, refining, packaging, processing, and similar activities including those with outdoor facilities. It also accommodates warehousing and distribution uses, with support commercial services and ancillary office space. No retail uses are allowed.	Heavy industrial
Specificplan zoning districts:
SP	Specific plan zoning district. This zoning district designates areas for master planning with unique zoning and design standards through adoption of a specific plan to govern development of land within the plan area. While the city does not currently have an adopted specific plan, the framework isprovided for future use consistent with state law.	All
Overlay zoning districts:
PUD	Planned unit development overlay zoning district. This district is applied to developments that are approved through the planned unit development (PUD) permit process. Through approval of a PUD, the designated approving authority may authorize modifications in development regulations such as setbacks, height, or density, consistent with the general plan, or may establish special design requirements, such as architectural detailingfor structures.	All
NASL	Naval Air Station Lemoore overlay zone. This district is applied to lands generally west of State Highway 41 and south of the city limits within the military influence area of Naval Air Station Lemoore. The intent of this overlay is to recognize the potential adverse impacts on the population from Naval Air Station Lemoore and establish special development regulations to ensure public health, safety, and welfare.	All

(Ord. 2013-05, 2-6-2014; amd. Ord. 2024-01, 6-18-2024)

9-3-3: MAP ESTABLISHED: ¶

The city council hereby adopts the city of Lemoore zoning map (hereafter referred to as the zoning map) as the official designation of zoning district boundaries on real property within the city. The zoning map shall be regulated as set forth below.

A. Incorporated By Reference: The zoning map is hereby incorporated into this zoning code by reference as though it were fully included.

B. Map Amendments: Amendments to the zoning map shall follow the zoning amendment process established in chapter 2, article B, "Planning Permits And Entitlements", of this title.

C. Relationship To General Plan And Other Plans: The zoning map shall implement and shall be consistent with the city's adopted general plan. The zoning map shall be specifically consistent with the general plan land use plan and the roadway sizing diagram, and any adopted specific plans, special planning areas, or master plans.

D. Zoning District Symbol: Zoning districts shall be illustrated on the zoning map as follows:

Each base zoning district shall be described on the zoning map by use of its identified zoning district symbol, as listed in section 9-3-2, table 9-3-2, "Zoning Districts", of this chapter.
Each specific plan zoning district shall be delineated with a name, number, symbol, or other delineation, as determined by the planning director, which distinguishes it from other special purpose zones, base zoning districts, or overlay zones. The assignment of the special purpose designation serves to provide a reference to the corresponding special purpose zoning document (e.g., specific plan) adopted by ordinance of the city council.
Overlay zoning districts shall be designated by their representative symbol in conjunction with the base zoning district in a format determined by the planning director (e.g., RLD-PUD).

E. Zoning Map Interpretation: If there is uncertainty about the location of any zoning district boundary shown on the zoning map, the precise location of the boundary shall be determined by the planning director as follows:

The boundaries of a zoning district shall be the centerlines of streets, alleys, railroad right of way, drainage channel, or other watercourse, or the parcel lines of real property, unless otherwise shown. Where a district's boundaries approximately follow centerlines or plot lines, those lines shall be interpreted as the district boundaries.
If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined by using the scale appearing on the zoning map. Except as otherwise provided by this code through integrated development, each portion of the property shall be developed to the standards and allowed use provisions of the applied zoning district and any applied overlay zone(s).

y line location is not specified by distances printed on the zoning map, the location of the boundary shall be determined by using the scale appearing on the zoning map. Except as otherwise provided by this code through integrated development, each portion of the property shall be developed to the standards and allowed use provisions of the applied zoning district and any applied overlay zone(s).

Where the street layout on the ground or the parcel lines differ from such layout or lines shown on the zoning map, the planning director shall determine the exact boundary and the map shall be amended to conform to the layout on the ground. 4. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley, unless the abandonment shifts from the centerline, which it will then follow. (Ord. 2013-05, 2-6-2014)