Chapter 10.30 — Nonconforming Provisions

Sections:

10.30.010 Purpose 10.30.020 Nonconforming Structures

10.30.030 Nonconforming Uses 10.30.040 Nonconforming Uses of Land

• 10.30.050 Nonconforming Lots

10.30.060 Nonconforming Setback 10.30.070 Nonconforming Sign

10.30.080 Determination of Nonconforming Status

A. This Chapter provides regulations for nonconforming structures, uses, lots, and signs that were lawful before 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 an amendment that changed applicable requirements.

B. The Council declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses

in the zones involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended.

C. Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this Zoning Code. [18.108.010]

A. Any nonconforming structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair in such a structure, except as otherwise provided by this Chapter.

B. A nonconforming structure shall not be enlarged in area, space, or volume.

C. Any nonconforming structure which is vacant for a period of one year or more shall not again be used or occupied for a nonconforming use.

D. Any nonconforming structure may be reconstructed, repaired, or rebuilt when involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other act of nature; if the reconstruction and repair expense does not exceed 50 percent of the actual cash value of the building at the time such damage occurred, and provided there is no expansion of the total area of the building as it existed prior to the damage. All such reconstruction shall be commenced within one year from the date of damage.

Tehachapi Zoning Code | October 2014 Adopted | 10-9

Chapter 10.30 Nonconforming Provisions

E. Any use of a street, highway, alley, or railroad rightof-way which has been rendered nonconforming as a result of amendment of this Zoning Code shall be completely removed within one year of such amendment. 18.108.020]

A. Any nonconforming use may be maintained and continued provided there is no increase or enlargement of the area, space, or volume occupied or devoted to such nonconforming use, except as otherwise provided in this Zoning Code.

B.Any part of a building, structure, facility, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this Zoning Code shall not thereafter be used or occupied by a nonconforming use.

C. Any part of a building, structure, facility, or land occupied by a nonconforming use that has been abandoned for a period of one year or more shall not again be used or occupied for a nonconforming use.

D. If no structural alterations are made, a nonconforming use of a building may be changed to a similar or less intense nonconforming use. [18.108.030]

A. A nonconforming use of land shall not be expanded or extended in any way.

B. A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zone in which the subject property lies as set forth in this Zoning Code.

C. Any nonconforming use of land that has been abandoned for a period of one year or more shall not be reestablished.

D. Nonconforming uses of land where no main structure has been established shall be discontinued within three years of the effective date of this Zoning Code.

E. The exploration for or development or production of oil, gas, or other hydrocarbon substances shall not be considered nonconforming uses of land. [18.108.060]

Any lot that was legally recorded prior to the effective date of this Zoning Code may be used in conformance with the uses permitted by the zone in which it is located, provided that all setback requirements are met. [18.108.050]

10-10 | Adopted October 2014 | Tehachapi Zoning Code

Chapter 10.30 Nonconforming Provisions

Any use permitted in compliance with this Zoning Code that currently exists with nonconforming setbacks may be replaced in the same location if involuntarily damaged or destroyed, regardless of the cost of such reconstruction. [18.108.060]

A. This Chapter shall apply to all signs in the City not otherwise regulated by state or federal law. Except as otherwise provided in this Zoning Code, any sign lawfully in use on the effective date of this Zoning Code, but made nonconforming thereby may continue to be used.

B. Nonconforming signs shall be kept in good repair during the period the sign is used. Alterations or modifications to any nonconforming sign are prohibited, except

for structural repair resulting in the same size or shape.

C. A requirement for a nonconforming sign to be removed or altered so as to comply with the requirements of this Zoning Code may be imposed as a condition for the approval of a subdivision, Use Permit, Variance or other discretionary development approval. [18.108.070]

A. Where there is doubt regarding the legal nonconforming status of structures, uses of structures, uses of land, lot size, or signs, documentation shall be submitted to Department staff to establish legal nonconforming status.

B. Where structures have been rendered nonconforming as a result of a change in front setback requirements, said structures may be reconstructed at the same location, provided there is no greater degree of nonconformity. [18.108.080]

Tehachapi Zoning Code | October 2014 Adopted | 10-11

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10-12 | Adopted October 2014 | Tehachapi Zoning Code