Chapter 17.137 — NONCONFORMING USES

Within the zoning districts established by this title, or as subsequently amended, there exist structures, uses, lots, and signs which were lawful before the ordinance from which this title derives was passed or amended but which would be prohibited or restricted under the conditions of this title or future amendments. The city council of the city of McFarland declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses in the zoning districts involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended except as provided for in this title. Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this title.

(Ord. No. 2-2025, § 3, 5-14-25)

17.137.020 - Nonconforming structures.

A.

Any nonconforming structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such a structure, except as otherwise provided by this chapter.

B.

A nonconforming structure shall not be enlarged in area, space or volume.

C.

Any nonconforming structure which is vacant for a period of one year or more shall not again be used or occupied for a nonconforming use.

D.

Any nonconforming structure may be reconstructed, repaired or rebuilt when damaged by fire, earthquake, explosion or act of God if the reconstruction and repair expense does not exceed one hundred fifty percent of the actual cash value of the building at the time such damage occurred, and provided there is no expansion of the total area of the building as it existed prior to the damage. All such reconstruction shall be commenced within one year from the date of damage.

E.

Where buildings or accessory structures have been rendered nonconforming as a result of a change in front yard setback requirements, the buildings or structures may be reconstructed at the same location, provided there is no greater degree of nonconformity.

F.

Any use of a street, highway, alley or railroad right-of-way which has been rendered nonconforming as a result of amendment of this title shall be completely removed within one year of such amendment.

G.

Where a legally constructed building has been rendered nonconforming as a result of a change in required yards and setbacks, the community development director may authorize up to a fifty percent expansion of the structure without consideration of a formal zone modification or variance provided that: (1) there is no greater degree of encroachment into the required setback; (2) there is no significant change in the proposed use of the structure; (3) there is no significant change in the existing height of the structure; and (4) the addition will meet all adopted Uniform Building Code and Fire Code requirements.

(Ord. No. 2-2025, § 3, 5-14-25)

17.137.030 - Nonconforming uses of structures.

A.

Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space or volume occupied or devoted to such nonconforming use, except as otherwise provided in this section and Section 17.137.040.

B.

Any part of a building, structure, facility, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.

C.

Any part of a building, structure, facility, or land occupied by a nonconforming use that has been discontinued or abandoned for a period of one year or more shall not again be used or occupied for a nonconforming use. In instances where the assessed value of improvements on the property exceeds fifty thousand dollars, as determined by the county assessor, the nonconforming use shall not be reestablished if the use has been discontinued or abandoned for a period of two years or more.

D.

If only minor structural alterations are required, a nonconforming use of a building may be changed to a similar or less intense nonconforming use.

(Ord. No. 2-2025, § 3, 5-14-25)

17.137.040 - Nonconforming uses of land.

A nonconforming use of land shall not be expanded, extended, or intensified in any way with respect to scope, duration, or frequency of the use, except as follows:

A.

The planning commission may authorize the expansion or intensification of legal, nonconforming uses if, after consideration at a public hearing noticed pursuant to Section 17.148.090, both of the following findings can be made:

1.

The proposed expansion will not create any significant adverse impacts to surrounding properties.

2.

The only other remedy to bring the use into conformance would require an amendment to the applicable general plan.

[The] public hearing notification shall consist of mailing notices to property owners having property within three hundred feet from the exterior boundaries of the subject property. Published notice in a local newspaper shall not be required, unless the community development director determines that such additional notice is warranted. In consideration of a request to expand or intensify a legal, nonconforming use, the terms and conditions for any approval shall be as specified in the applicable sections of the Municipal Code.

B.

A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zoning district in which the subject property lies.

C.

Any nonconforming use of land that has been discontinued or abandoned for a period of one year or more shall not be reestablished. In instances where the assessed value of improvements on the property exceeds fifty thousand dollars, as determined by the county assessor, the nonconforming use shall not be reestablished if the use has been discontinued or abandoned for a period of two years or more.

D.

A legal nonconforming dwelling in any zone district may be replaced with the approval of the community development director, provided that all applicable requirements of this title, other than density or conditional use permit requirements, can be satisfied.

E.

Any use of land continuously in existence for a period of twenty years or more may qualify as a legal, nonconforming use pursuant to Section 17.137.060, irrespective of when zoning requirements became effective for that property, provided that the community development director determines that the use is not significantly incompatible with surrounding land uses and that there is no significant threat to the public health, safety, and welfare in allowing the use to continue.

(Ord. No. 2-2025, § 3, 5-14-25)

Any lot which was legally recorded prior to the effective date of the ordinance from which this title derives may be used in conformance with the uses permitted by the zoning district in which it is located, provided that all yard and setback requirements are met. Said lots may also be deemed nonconforming with regards to the provisions of a general or specific plan based upon their status, but can be enlarged, expanded or extended through a land division action so long as:

1.

The legal, nonconforming substandard lot is made greater in size; and

2.

Any resulting new lots are not rendered substandard in size with respect to their existing map code designation and zone classification.

(Ord. No. 2-2025, § 3, 5-14-25)

Any use permitted under the provisions of this title that currently exists with nonconforming setbacks may:

Be replaced in the same location if damaged or destroyed by fire, earthquake, explosion, or act of God regardless of the cost of such reconstruction; or

2.

Be maintained in accordance with the provisions of this title provided there is no greater degree of nonconformity with regard to setback.

(Ord. No. 2-2025, § 3, 5-14-25)

Where there is doubt regarding the legal, nonconforming status of structures, uses of structures, uses of land, parcel size, or signs, documentation shall be submitted to the community development director to establish legal, nonconforming status. The burden of proof in submitting adequate documentation for determination of legal nonconforming status shall rest entirely on the party making said request. The community development director shall grant legal, nonconforming status only when the preponderance of information submitted clearly establishes the legality of the applicable use, structure, or parcel size. The determination of the community development director shall be final unless an appeal is filed within seven days from, and including the date of, determination, in which case the matter shall be considered by the city council as provided for in Section 17.137.070.

(Ord. No. 2-2025, § 3, 5-14-25)

17.137.080 - Appeal.

A.

Any decision of the community development director made pursuant to this title shall be subject to appeal to the city council.

B.

The applicant or any other person aggrieved may appeal from such decision by filing a written notice of appeal with the community development director prior to the time the decision becomes final. The community development director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by the city council pursuant to Section 17.148.060.

C.

Notice of the hearing on the appeal shall be given in the manner and time provided in Section 17.148.090.

D.

The city council may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.

E.

The decision of the city council on any such appeal shall be final on adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. No. 2-2025, § 3, 5-14-25)