Mariposa County Municipal Code § 17.340 Non Conforming Uses And Structures

All legally established uses and structures which are in existence at the time of the adoption of this sub-title, which are not in conformance with the policies and standards of this plan shall be deemed nonconforming uses or structures.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

Nonconforming uses and structures shall comply or be consistent with the following provisions:

1. Nonconforming uses shall be allowed to continue and to be maintained, but shall not be allowed to expand. The expansion of nonconforming structures shall be allowed if such expansion, including its use, complies with all standards of the specific plan.

2. Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged. A nonconforming use may be changed to a nonconforming use of equal or less intensity. In no case shall a different use be allowed that would increase the level of nonconformance with any standard contained herein. Whenever a nonconforming use has been changed to a less intensive use, or to a conforming use, such use shall not thereafter be changed to a more intensive use or nonconforming use.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992

1. Residential uses: If a nonconforming residential use is abandoned or discontinued for a period of three (3) consecutive years or more, any subsequent use of the building or premises shall conform to the regulations of the zone in which it is located. For reasonable cause, the planning director may grant one (1) year extensions to the time period up to a maximum time extension period of two (2) years.

2. Commercial-industrial uses: If a nonconforming commercial or industrial use is abandoned or discontinued for a period of twelve (12) consecutive months or more, any subsequent use of the building or premises shall conform to the regulations of the zone in which it is located. For reasonable cause, the planning director may grant a one (1) year extension to the time period.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992 17.340.040 Restoration

When a building or other structure which does not conform to the provisions of this title is damaged or destroyed, it may be restored or rebuilt to accommodate its original use. Such restoration or rebuilding shall conform to existing building code requirements and standards. If the rebuilt structure is located in such a manner that it would not comply with the standards of this title or contains a use that is nonconforming, it shall not exceed the size of the original building.

HISTORY

Adopted by Ord. 822 Sec. I on 1/22/1992