Chapter 12.08.22

NONCONFORMING USES AND PROPERTY

REGULATIONS

• A. Use of land. Any lawful use of land existing at the time of the adoption of this Part or any zoning ordinances or amendment thereto may be continued, although such use does not conform to the regulation specified in such enactment chapter for the zone district in which such land is located. A conditional use permit shall first be obtained for any enlargement or expansion of such non-conforming use by 50% or more in size or area.

• B. Use of building. Any lawful use of a building existing at the time of the adoption of any zoning ordinance, may be continued, although such use does not conform to the regulations specified for the zone district in which such building is located. A conditional use permit shall first be obtained for any enlargement or expansion of such non-conforming use by 50% or more in size or area. However, except as otherwise provided by law, nothing in this Part shall prevent the restoring to a safe condition of any part of a building or structure declared unsafe by proper authority.

• C. Reconstruction of nonconforming building. A nonconforming building or structure damaged or destroyed by fire, explosion, flood, earthquake or other act, may be restored only if made to conform to all regulations, other than use restrictions, specified by this Part, provided, that such building may be restored to a total floor area not exceeding that of the former building.

• D. Abandonment. If the actual operation of a nonconforming use ceases for a continuous period of three years, the nonconforming use shall be considered abandoned; unless the legal owner can establish valid proof to the contrary, then without further action by the City Council, the use of such land or building shall be subject to all the regulations specified by this Part.

The lawful use of lands or buildings existing at the time they become subject to any regulations of this Part to which they do not conform, may be continued, except that the following provisions shall apply unless a use permit allowing such modification and/or expansion is approved:

• A. No such use shall be enlarged, increased or structurally altered, nor be extended to occupy a greater area than that existing on the effective date of the application of these regulations to the subject property. This includes converting enclosed garage space.

131

Loyalton City Zoning Ordinance No. 424

• B. Any use for which a use permit is required by these regulations shall be considered a nonconforming use until a use permit is obtained.

• C. Any interruption of a nonconforming use, or the use of a nonconforming building, which continues for 36 months or more, shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.

• D. Ordinary maintenance and repair may be made to any nonconforming use or building, provided that such maintenance and repair does not exceed 50% of the actual value in any one year.

• E. Except as otherwise provided by law, nonconforming uses may be expanded, under the following terms and conditions:

  1. Approval shall be by use permit on a case-by-case basis by the City Council;

  2. Approval of the City Council must be accompanied by specific findings as follows:

     • a. Only increase in size of existing structures.

     • b. In the case of structures there shall be no change in basic use, unless other necessary permits are obtained.

     • c. Under no circumstances shall any development exceed the permissible lot versus structure square footage ratio as described in this code and/or the City’s General Plan standards.

  3. The nonconforming use of land or buildings may only be modified or enlarged without a conditional use permit approval when such modification or enlargement brings the entire parcel into conformity with this Part.

Except as otherwise provided in this Part, a lot having an area, frontage, width or depth less than the minimum prescribed for the zone district in which the lot is located, as depicted on a subdivision map duly approved and recorded prior to the adoption of this Part, may be used for any use permitted in the zone, but shall be subject to all other standards for the zone district in which the lot is located.

Use of lots with areas or widths which do not conform to the minimum specifications of the zone district in which they are allocated will be permitted where the lot in question was delineated on a recorded subdivision or parcel map or was under one ownership on the effective date of these regulations and owner thereof has not subsequently acquired adjoining property.

132

Loyalton City Zoning Ordinance No. 424