307.07: CHANGES AND SUBSTITUTIONS OF NONCONFORMING USES: — Porterville Zoning Code

No legal nonconforming use shall be substantially expanded or changed in operation without the approval of a Conditional Use Permit as provided for in this chapter. This requirement shall not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in Chapter 701: Use Classifications, and the use is not expanded.

A. Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use.
B. Conditional Use Permit to Legalize Use. Any use that is nonconforming solely by reason of the absence of a Conditional Use Permit may be changed to a conforming use by obtaining the required permit.
C. Change from Nonconforming Use to Other Nonconforming Use. The City Council may allow the expansion of a Class I use, substitution of a Class II nonconforming use with a Class I nonconforming use, or substitution of a Class I nonconforming use with another Class I nonconforming use, subject to approval of a Conditional Use Permit and the requirements of this chapter.

Within a Structure That Conforms to the Development Ordinance. A Class I nonconforming use in a structure that conforms to this Ordinance and to the requirements of the Building Code may expand the floor area that it occupies, subject to Conditional Use Permit approval provided that no structural alteration is proposed or made for the purpose of the expansion.

a. A nonconforming use may not be expanded to occupy all or a part of another structure or another lot that it did not occupy on the effective date of this Ordinance.
b. The expansion of the nonconforming use shall not exceed fifty (50) percent of the area that the nonconforming use legally occupies at the time of application.

Within a Structure That Does Not Conform to the Development Ordinance. A Class I nonconforming use in a structure that does not conform to the requirements of this Ordinance may expand its occupancy and building floor area subject to the requirements of paragraph one (1) above.
Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies. A Class I nonconforming use may expand the area it occupies subject to Conditional Use Permit approval after the structure is brought into conformance with all applicable Building Code requirements.
City Council Review. The City Council shall hold a public hearing, pursuant to the procedures established in Chapter 601, Common Procedures, on each application for a change or substitution of use. In addition to any other findings that may be required, the City Council shall find that:

a. The proposed new use will be more compatible with the purposes of the district and surrounding uses than the nonconforming use it replaces;

b. The proposed new use will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent properties, the surrounding area, or the neighborhood because of noise, traffic generation, odors, dust, glare, vibrations, or other effects; and

c. The proposed new use will comply with all applicable standards or there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards.

Standards for Council Determination. In making its findings and conclusions pursuant to paragraph four (4) above, the City Council shall consider the following factors:

a. Noise;

b. Traffic generation;
c. Hours of operation;
d. Noxious or annoying emissions of odor, smoke, waste water or other matters;
e. Proximity of the use to conforming uses;
f. Extent and severity of nonconformity;
g. Effect of the nonconforming use on surrounding conforming uses;
h. Character of the surrounding neighborhood, including the number and proportion of nonconforming uses;
i. Access to the nonconforming use;
j. Maintenance of the nonconforming use; and
k. Any other factors the City Council deems relevant given the purposes of this chapter.

Conditions. When making its decision on an application for a change or substitution of use, the Council may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:

a. Required improvement of, or modifications to existing improvements on, the property;
b. Limitations on hours of operations;
c. Limitations on the nature of operations; and
d. A specified term of years for which the continued nonconforming use shall be allowed.

Revocation of Approved Changes of Nonconforming Use. The City Council may initiate a review of a changed or substituted nonconforming uses upon its own motion, or following a recommendation from the Zoning Administrator, in accordance with Section 601.10, Revocation of Approvals, and the following standards and procedures.

a. Initiation of Revocation Procedure. Initiation of City Council review of a nonconforming use approved pursuant to this section shall first require a report from the Zoning Administrator based upon the Zoning Administrator’s independent investigation and determination, recommending action by the Council.

b. City Council Review and Decision. The City Council shall hold a public hearing, pursuant to the procedures established in Chapter 601, Common Procedures. Upon the conclusion of the public hearing, the Council shall determine whether the nonconforming status shall be revoked and the use discontinued or allowed to continue subject to conditions. In making its determination the Council shall base its decision on the same considerations it used when approving the Conditional Use Permit to allow a change or substitution of a nonconforming use and the standards in paragraph five (5) above. (Ord. 1866, 11-19-2019)