Shafter Zoning Code § 2.120 Non-Conforming Use and Structures Provisions

1. Purpose

This section is intended to limit the number and extent of non-conforming uses by regulating their enlargement, reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. In addition, this Section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title.

2. Applicability

This Section shall apply to any site, structure, or use that was legally established, but does not conform to the provisions of this Title as originally adopted or as may be amended from time to time. “Non-conforming” refers to a legally established site that does not meet the minimum dimensional requirements of the applicable zone, or a legally established use that is not permitted by the applicable zone, a legally established structure that, by its size, architecture or location does not meet the standards of the applicable zone, or any combination thereof.

3. Discontinuation of Non-conforming Use

Whenever a non-conforming use has been discontinued for a continuous period of 180 days or more, the non-conforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located, provided that this Section shall not apply to the use of a non-conforming single family dwelling located in a zone district that permits single family dwellings. Discontinuation shall include termination of a use regardless of intent to resume the use.

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4. Continuation and Maintenance

   • a. Any non-conforming structure or use may be continued and maintained for the periods of time hereinafter set forth provided that there are no structural alterations, except as hereinafter provided:

     • (1) Agricultural crops shall not be subject to the provisions of this Section;

     • (2) Agricultural uses that involve permanent structures shall be subject to the provisions of this Section; however, such uses shall be permitted to make any changes or improvements that are required by any State law or City ordinances, including structural alterations that are necessary as a part thereof.

   • b. A structure or use may be maintained for the following periods of time after the effective date of the regulation or ordinance that established it as non-conforming:

     • (1) Commercial and office uses, such as those primarily permitted in commercial and employment districts: thirty (30) years;

     • (2) Industrial uses, such as those primarily permitted within industrial districts, forty (40) years;

• c. Any structure for which a building permit has been legally issued, and on which substantial construction has been performed in reliance thereon on the site before an amendment to the regulation or ordinance making the use or structure non-conforming, may be continued in accordance with the plans and specifications upon which the permit was issued, subject to the limitations of this Section.

  • d. A property containing a legally established structure that does not conform with applicable development standards for front yards, side yards, rear yards, height, floor area of structures, or open space for the district in which the property is located, shall be deemed to be a nonconforming structure, and may be used and maintained as provided herein.

  • e. A legally established sign as provided in Chapter 14 of this Title.

  • f. Routine maintenance and repairs may be performed on a nonconforming use, structure, or sign.

5. Alterations and Enlargements of Non-conforming Uses and Structures

   • a. A non-conforming use shall not be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the non-conformity.

   • b. A non-conforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site

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that it did not occupy at the time it became a non-conforming use, or in such a way as to displace any conforming use occupying a structure or site.

• c. A non-conforming structure shall not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structures, distances between structures, or usable open space prescribed in the regulations for the zone district in which the structure is located.

6. Restoration of a Damaged Structure

• a. Whenever a non-conforming structure is destroyed to the extent of 50 percent (50%) or less by fire, calamity, or act of God, the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within 120 calendar days and diligently pursued to completion. When the destruction exceeds 50 percent, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone district in which it is located, and the nonconforming use shall not be resumed.

• b. The extent of damage shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the most currently adopted City Building Code.