Chapter 18.94 — NONCONFORMING USES AND STRUCTURES

The continuance of a nonconforming use or nonconforming structure within the city is detrimental to the orderly development of the city and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any such nonconformity. It is the intent of this chapter that nonconforming uses and structures shall be eliminated as provided therein.

(Ord. 738 § 1 (Exh. A) (part), 2013)

This chapter establishes special regulations for nonconforming land uses and structures that were lawful before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted differently under the current terms of this zoning code or future amendments.

(Ord. 738 § 1 (Exh. A) (part), 2013)

Nonconforming uses and nonconforming structures, as defined in this chapter, may be continued only in accordance with the provisions of this section, which permit the continuation of a nonconforming use or structure, and shall not apply to a use or a structure which is, or which becomes, a public nuisance.

(Ord. 738 § 1 (Exh. A) (part), 2013)

Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of such establishment or construction and which is not in conformity with the applicable zoning regulations of this section is an illegal use or structure, as defined in this section, and such use or structure is and shall remain in violation of this section. (Ord. 738 § 1 (Exh. A) (part), 2013)

A structure, or part thereof, which does not conform to the current regulations for the zoning district in which it is situated, but for which a building permit was issued and construction started prior to the adoption of such regulations, may be completed, provided the work was and is prosecuted continuously and without delay. Upon completion, such structure shall be deemed to be a nonconforming structure and shall thereafter be subject to the regulations set forth in this section.

(Ord. 738 § 1 (Exh. A) (part), 2013)

Except as otherwise expressly provided in this code, structures or uses, or both, which are lawfully existing at the time the property on which they are situated is annexed to the city, and which do not conform to the regulations of the zoning district in which they are placed following

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City of Patterson, CA § 18.94.060

PATTERSON CODE

§ 18.94.100

annexation, shall be deemed nonconforming structures or nonconforming uses, or both, as these terms are defined in this section, and shall upon such annexation be subject to the provisions of this section and code. The provisions of this section do not allow and shall not be interpreted to allow the continuation of a use or structure which is a public nuisance or which is prohibited or otherwise made unlawful, in whole or in part, by other chapters of this code or by laws enacted by the state or federal government which are applicable to the city. (Ord. 738 § 1 (Exh. A) (part), 2013)

If allowed by conditional use permit, the nonconforming use of a structure may be changed to another nonconforming use of a similar or of a more restricted class or nature, provided the proposed new nonconforming use will not increase the degree or intensity of the nonconformity. (Ord. 738 § 1 (Exh. A) (part), 2013)

A nonconforming use shall be permanently discontinued and abated or brought into conformity with the regulations of the zoning district in which it is situated as follows:

• A. Cessation of Use. As used in this section, a nonconforming use shall be deemed to have ceased when it has been discontinued, either temporarily or permanently, whether or not the discontinuance was with the intent to abandon such use.

• B. A nonconforming use of a structure shall not be resumed when the nonconforming use has ceased for six consecutive months or more,

• C. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be resumed after such use has ceased.

• (Ord. 738 § 1 (Exh. A) (part), 2013)

Any nonconforming structure damaged to fifty percent or more of its current market value by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed except in conformity with the applicable requirements of the zoning district in which it is situated. If such structure is less than fifty percent damaged, it may be restored, reconstructed, and used as before, provided such restoration is initiated within six months, and is substantially completed within twelve months, after the date such damage occurred.

As used in this section, current market value shall mean the market value of the structure immediately prior to the occurrence of the damage. For purposes of administering the provisions of this section, the city's building official shall make the determination of the current market value of a damaged structure, which determination shall be final. (Ord. 738 § 1 (Exh. A) (part), 2013)

Repairs and maintenance work as may be required to keep a nonconforming structure in sound condition may be made, provided no structural repairs or alterations or additions shall be made except such as are required by law.

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City of Patterson, CA

ZONING

§ 18.94.100

§ 18.94.120

• (Ord. 738 § 1 (Exh. A) (part), 2013)

Any lot or parcel of land under one ownership and of record on April 28, 1955, and where no adjoining land is owned by the same person may be used as a building site even when of less area or width than that required by the regulations for the zoning district in which it is located. (Ord. 738 § 1 (Exh. A) (part), 2013)

Any lot or combination of lots of record on April 28, 1955, having not less than fifty-foot frontage on a street may be used as a building site even when of less area or width than that required for the zoning district in which it is located.

(Ord. 738 § 1 (Exh. A) (part), 2013)

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City of Patterson, CA