Mountain House Municipal Code Ch. 8 Nonconformity Provisions

The intent of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the provisions of this Title. The additional intent of this Chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nonconforming uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming use shall be subject to the provisions of this Section.

(a) Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1) If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;

(2) If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and

(3) If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed.

(b) Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c) Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following:

(1) If the nonconforming use is changed to another use classified within the same use type and the Director determines that additional off-street parking and loading space is not needed by said change, no development application shall be required.

(2) A Site Approval pursuant to the procedures set forth in Chapter 9 of Division 8 shall be required for all changes other than those described in Subsection (c)(1) above.

(3) A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use.

(4) When a nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use.

(d) Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming structure shall be subject to the provisions of this Section.

(a) Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1) Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2) Such structure may be added to or enlarged within the yard setback area provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than one hundred percent (100%). Expansions greater than one hundred percent (100%) require an approved Site Approval;

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the reg zone in which it is located.

(b) Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the requirements of this Title for the zone in which the lot is located.

(c) Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notwithstanding any other provision of this Chapter, a building, structure, or site which is listed on the National Register of Historic Places or is registered as a State Historical Landmark or Point of Historical Interest shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with federal and state regulations and statutes regarding historic buildings, structures, or sites.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

(Ord. 2024-18, § 1(Exh. A), 2024)

A use that was established without obtaining required permits shall be deemed a nonconforming use only if all of the following conditions are satisfied:

(a) Ordinance Requirements. The use shall comply with all applicable ordinance requirements that would have been required at the time the use was established.

(1) The County shall consider such ordinance requirements as minimum requirements.

(2) If the City determines that said ordinance requirements are not adequate to protect public health, safety, and welfare, the City may impose additional requirements for this purpose as specified in this Title.

(b) Permits. The following permits shall be required:

(1) A Site Approval or other discretionary application shall be required for the use.

(2) Other permits that normally would have been required at the time the use was established shall be obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)