Modoc County Municipal Code Ch. 18.154 Nonconforming Uses and Structures

A. A "nonconforming use" is a use of a structure or land which was lawfully approved, established and maintained prior to the adoption of this chapter but which does not conform with the use regulations for the zone in which it is located.

B. A "nonconforming structure" is a structure which was lawfully approved or erected prior to the effective date of the application of these regulations but which, under this chapter, does not conform with the standards prescribed in the regulation for the zone in which the structure is located.

C. The regulations in this chapter shall apply to all legally established nonconforming structures and uses. Nothing in this chapter shall be construed to prohibit any additions or alternations to a nonconforming structure or use as may be necessary to comply with any lawful order of any public authority made in the interest of the public health, safety, welfare, or morals.

(Ord. 336 §§ 1, 2, 2007)

A. A lawful use occupying a structure or a site prior to the effective date of the application of these regulations which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued as provided in this chapter.

B. A lawful structure occupying a site prior to the effective date of the application of these regulations which does not conform with the standards prescribed in the regulation for the zone in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintain as provided in this chapter.

C. Routine maintenance and repairs may be performed on a nonconforming structure or site.

(Ord. 336 §§ 1, 2, 2007)

A. A nonconforming use may increase its intensity, provided the structure in which it is housed are not altered or enlarged.

B. Except as provided in Section 18.154.050 or unless a use permit is obtained, a nonconforming structure shall not be moved, altered, enlarged or reconstructed in any manner unless the structure is made to conform to the regulations of the zone in which the structure is located.

(Ord. 336 §§ 1, 2, 2007)

The planning commission may approve a lot line adjustment to an existing nonconforming parcel by taking land from an adjoining parcel provided all applicable general plan, zoning and other land use policy standards are followed and that no nonconforming or substandard parcels are created as a result of the lot line adjustment. However, the planning commission may approve modifications to existing nonconforming parcels to decrease the existing nonconformity of a parcel, or increase the nonconformity of a parcel, provided they make the finding that: (1) that the lot line adjustment is necessary to improve the health and safety conditions of a parcel; or (2) that the lot line adjustment improves the design of the existing affected parcels, without altering the existing land uses thereon. Lot line adjustments shall be approved pursuant to Government Code Section 66412(d).

(Ord. 336 §§ 1, 2, 2007)

If any nonconforming structure is damaged or destroyed by any cause to an extent which exceeds seventy-five percent of the market value during the fiscal year of the destruction as determined by the county assessor, no repair or reconstruction shall be made unless every portion of the structure conforms to the regulations of the zone in which the structure is located or unless and until a use permit is obtained.

(Ord. 336 §§ 1, 2, 2007)

Whenever a nonconforming use has been abandoned, discontinued for any reason, or changed to another use for a continuous period of one year, the nonconforming use shall not be reestablished, and the use of the structures or site thereafter shall be in conformity with the regulations for the zone in which it is located.

(Ord. 336 §§ 1, 2, 2007)

None of the provisions of this chapter restrict any authority to require modification or termination of any nonconformity, which has been declared a nuisance by the board of supervisors.

(Ord. 336 §§ 1, 2, 2007)