Chapter 17.39 — NONCONFORMING USES

A.

Except as otherwise provided in this chapter, the lawful use of land, buildings or structures existing at the time of adoption of the ordinance regulations codified in this Title 17 may be continued, although the land use, building or structure does not conform to the regulations specified by this title for the zoning district in which such use, building or structure is located. A lawful, nonconforming building or structure may be repaired, maintained or altered internally unless otherwise restricted.

B.

An existing nonconforming use of land or building may be continued upon approval and issuance of a conditional use permit processed in accordance with the provisions of Chapter 17.45 of this code; and only

if all the following conditions are verified as being applicable to the subject nonconforming use:

The nonconforming use could have been permitted on the property in question subject to a use permit under the provisions of county of Butte zoning ordinance No. 1750 on November 29, 1979 (date of town of Paradise incorporation); and

The nonconforming use existed on the property on November 29, 1979, and has existed continually on the property to the present date.

(Ord. 320, § 4, 1999; Ord. 214, § 2(part), 1992)

A.

An unimproved or undeveloped nonconforming parcel or lot that does not comply with the minimum area or lot width requirements of the land use regulations for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the following criteria:

Approved Land Division. The parcel or lot was created through a recorded parcel map or subdivision final map or a recorded certificate of compliance.

Partial Government Acquisition. The parcel or lot was created in compliance with the provisions of this code, but was made nonconforming when a portion of the parcel or lot was acquired by a governmental entity so that the affected parcel or lot size is decreased not more than twenty-five (25) percent of its minimum area requirement assigned by the land use regulations for the zoning district in which it is located.

B.

It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of such criteria.

(Ord. No. 442, § 2, 1-10-2006; Ord. 320, § 5, 1999)

If the lawful nonconforming use of land, buildings or a structure ceases either totally or partially for a continuous period of twelve (12) months, the nonconforming use shall be deemed totally or partially abandoned as the case may be, unless adequate evidence is provided to the planning director verifying that the nonconforming use has not been abandoned or partially abandoned. If the planning director finds and declares that a nonconforming use of land, buildings or structures has ceased for a continuous twelve

(12) month period of time, then to the extent of abandonment, any subsequent use of the land, building or structure shall be in conformity to the regulations specified by this title.

(Ord. 227, § 11, 1993; Ord. 214, § 2(part), 1992)

Any lawful nonconforming building or structure destroyed by any means to the extent of more than fifty (50) percent of its assessed value as shown on the latest equalized county assessment roll preceding its destruction may be restored as follows:

A.

Restored and used only in compliance with the regulations specified by this title for the zoning district wherein the building or structure is located; or

B.

Restored and used again as a lawful nonconforming use subject to town approval and issuance of a conditional use permit.

C.

Notwithstanding subsection B, those properties, excepting those located within the central business zoning district, destroyed by a natural disaster in a declared state of emergency may be reconstructed as a lawful nonconforming use subject to the following:

Reconstruction shall begin within two (2) year after the affected property being cleared of disaster debris and shall be completed within four (4) years.

The reconstructed structure shall not exceed the nonconformity of the original structure in terms of setbacks, floor area, height, and any other property characteristics as determined by the planning director.

If reconstruction is not started within two (2) year after the property being cleared of disaster debris, the property shall be subject to the use permit requirements of subsection B or may become subject to abandonment under Section 17.39.200.

(Ord. No. 580, § 1, 10-8-2019, eff. 11-7-2019; Ord. 214, § 2(part), 1992)

The enlargement or expansion of any lawful nonconforming use shall be subject to all general requirements as set forth in this section.

A.

Enlargement.

Any building or structure, lawfully nonconforming as to yard setback, height or lot coverage requirements, may not be added onto or enlarged unless the additions and enlargements are made in conformance with the regulations of the applicable zone, or upon issuance of a variance.

Any building or structure, lawfully nonconforming for reasons other than those in subsection A.1. of this section, may be added onto or enlarged upon town approval and issuance of a conditional use permit.

B.

Expansion.

A lawful nonconforming use may be expanded within an existing building or structure upon town approval and issuance of a conditional use permit.

A building or structure containing a lawful nonconforming use may be added onto or enlarged to expand the lawful nonconforming use upon town approval and issuance of a conditional use permit.

A lawful nonconforming use of land with no structures shall not be expanded or increased to occupy a greater land area either on the same or adjoining property nor shall the intensity of the existing use be increased, except that occupation of a greater land area or an increase in intensity may be permitted upon town approval and issuance of a conditional use permit.

C.

Relocation. A lawful nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless as a result of the move the building or structure shall conform to the regulations specified by this title.

D.

Change in Use. If no structural alterations are made, the lawful nonconforming use of a building or structure may be changed to another nonconforming use, which, in the opinion of the planning commission, is of the same, functionally equivalent, or more conforming nature.

E.

Alteration. Except as otherwise provided in this chapter, any alteration of a lawful nonconforming building or structure in a manner that decreases its nonconformity with the regulations of this title shall be

permitted.

(Ord. 214, § 2(part), 1992)

A.

Upon recommendation of the planning commission, the town council may order a nonconforming use to be terminated. Before recommending the termination of a nonconforming use, the planning commission shall conduct a public hearing not sooner than fifteen (15) days after written notice of the public hearing is mailed or delivered to the owners and tenants of the nonconforming use. If the owner or tenants have not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered by changing the nonconforming use to a currently permitted use of the property, the recommendation may require complete termination of the nonconforming use within a minimum of one year after the date of the town council order. If the owner or tenants have made a substantial investment in furtherance of the nonconforming use, or if the investment cannot be substantially utilized or recovered by changing the nonconforming use to a currently permitted use, the recommendation may require complete termination of the nonconforming use within a reasonable amount of time exceeding one year after the date of the town council order. The planning commission may recommend that nonconforming uses, which are determined to be an imminent threat to public health or safety, may be terminated immediately. In making its recommendation to the town council, the planning commission shall consider:

The total cost of land and improvement;

The length of time the use has existed;

Adaptability of the affected property to a currently permitted use;

The cost of moving and re-establishing the use elsewhere;

Whether the use is detrimental to the implementation of the Paradise general plan;

Compatibility of the use with the existing land use patterns and densities of the surrounding neighborhood;

Whether the use poses a possible threat to public health, safety or welfare; and

Any other relevant factors.

B.

If the planning commission recommends that the nonconforming use should be terminated, the town council shall hold a public hearing after fifteen (15) days written notice to the owner and tenants of the nonconforming use. If the town council concurs with the recommendation of the planning commission, it shall order the termination of the nonconforming use as set forth in this section.

C.

Failure to comply with a town council order to terminate a nonconforming use shall constitute a public nuisance subject to abatement in accordance with California Code of Civil Procedure Section 531, or, at the discretion of the town attorney, the public nuisance shall be subject to an action to enjoin it.

D.

Costs incurred by the town by reason of involuntary abatement of the public nuisance shall be paid by the owners and tenants of the nonconforming use and shall be a special assessment against the land where the nonconforming use is located.

(Ord. 348, § 3, 2000)

Notwithstanding any other provisions of this chapter, whenever a nonconforming use of land or buildings is terminated by reason of an acquisition of the property or portion thereof by a public agency by eminent domain or an acquisition under threat of the use of eminent domain, the nonconforming use may be relocated to another location where zoning permits it and that any relocated or reconstructed building or structure shall complement and harmonize with the existing and permitted land uses in its new vicinity and shall be compatible with the physical design aspects of the surrounding neighborhood.

(Ord. 348, § 4, 2000)