Chapter 17.62 — NONCONFORMING USES AND STRUCTURES

A site having an area, frontage, width, or depth less than the minimum prescribed for the district in which the site is located, but which is shown on a duly approved and recorded subdivision map or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded, may be used for any permitted use listed for the district, but shall be subject to all other regulations for such district.

(Ord. 211 (part), 1980: prior code § 11-1-1909.1)

A.

Purposes. A nonconforming use is one which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter, but which, under this ordinance, does not conform with the use regulations for the district in which it is located. This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, reestablishment after abandonment, and restoration and destruction.

B.

A nonconforming structure is one which was lawfully erected prior to the adoption of the ordinance codified in this chapter, but which, under this chapter, does not conform with the conditions of coverage, yard spaces, height of structures, distance between structures, or other standards prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed and by prohibiting their restoration after destruction.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.(A, B))

Except as provided herein or as required by law, no structure, the use of which is nonconforming, shall be moved, altered or enlarged unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards prescribed for the district in which the structure is located.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.C)

Except as otherwise prescribed in this chapter, the nonconforming use of a structure or site may be changed to another nonconforming use provided that the change of use is approved by the planning commission in accordance with the following procedure:

A.

An application for a change of use shall be made to the planning commission containing the same general information as required for a variance.

B.

The planning commission shall hold a public hearing in the manner prescribed in Section 17.52.040.

C.

The planning commission may grant the change of use only if it finds that the proposed use will not increase the degree of nonconformity with any of the purposes, conditions, or basic characteristics of the district in which it is located and will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

D.

The planning commission may grant an application for a change of use for a limited time period or subject to such conditions as it may prescribe, or the commission may deny an application for a change of use.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.D)

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.E)

Whenever a nonconforming use or structure shall be destroyed or substantially damaged by fire or other calamity, by an act of God, or by the public enemy, the structure may be restored and the nonconforming use may be resumed subject to approval of a conditional use permit in conformance with Chapter 17.52, provided that restoration is started within six months and diligently pursued to completion. Should the conditional use permit be denied, or the building razed either voluntarily or as required by law, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. The extent of damage to any structure or use shall be as determined by the building official.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.F; Ord. No. 373, § 9, 10-15-2015)

A.

The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within three years after the effective date of the ordinance codified in this chapter:

A nonconforming use which does not occupy a structure;

A nonconforming use occupying a structure having an assessed valuation of less than two hundred fifty dollars;

A nonconforming sign or outdoor advertising structure;

A nonconforming fence, wall, or hedge.

B.

Other nonconforming uses and structures shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:

Type of construction (Uniform Building Code, 1961 Edition);

Type I and II; time period, forty years, manufacturing;

Type of construction (Uniform Building Code, 1961 Edition);

Type III and IV; time period, thirty years, commercial;

Type of construction (Uniform Building Code, 1961 Edition);

Type V; time period, twenty-five years, residential.

C.

When such nonconforming use is removed, at or before the end of the specified time period, every future use shall be in conformity with the provisions of the ordinance codified in this chapter. Repairs necessary to maintain a nonconforming use, and minor alterations not exceeding an assessed valuation of two hundred fifty dollars shall not be construed as lengthening the allowed time period for compliance.

D.

The time period shall begin on the date the use first became nonconforming on or after the effective date of the ordinance codified in this chapter. Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed shall be computed from the effective date of the change of district or regulations.

E.

Records and notification of nonconforming uses and structures. Within six months after the effective date of the ordinance codified in this chapter and amendments thereto, the planning official shall compile a list and description of all structures or uses which shall have become nonconforming by the adoption of the ordinance codified in this chapter or amendments. This list shall be recorded in the office of the Fresno County recorder.

F.

Within one year after the effective date of the ordinance codified in this chapter or amendments thereto, the planning official shall notify in writing the owners of all nonconforming structures or uses of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by the owners, if such removal or conformance is required by the provisions of the ordinance codified in this chapter.

G.

Continuing Nonconforming Uses or Structures. Nothing in this title shall be construed to exempt a use or structure which became nonconforming under the provisions of a previous ordinance and which continues to be nonconforming under the provisions of this title. Such continuing nonconforming uses or structures

shall be discontinued or eliminated within the schedule and under the provisions of the ordinance in force when they first became nonconforming or within the schedule and under the provisions of this title from the date of its enactment, whichever is more restrictive.

H.

Nonconforming Yards. Existing structures which are nonconforming solely because of the lack of required yards but which are within sixty percent of conformance shall be exempted from Section 17.52.030 of this title and shall be exempted from making alterations to improve the existing structure, but shall otherwise be subject to the provisions governing nonconforming structures.

(Ord. 211 (part), 1980: prior code § 11-1-1909.2.G)

Any existing structure or use which is a conditional use in the district in which it is located shall be considered as a permitted use for the purposes of this chapter, provided, however, that any expansion, alteration, or change of such use or structure shall be subject to approval of the planning commission in accordance with the provisions described in Chapters 17.52 through 17.64.

(Ord. 211 (part), 1980; prior code § 11-1-1909.3)