Chapter 17.74 — NONCONFORMING USES

If at any time any building in existence or maintained at the time of adoption of the zoning code which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God, or act of the public enemy to the extent of more than one-half of the value thereof, then and without further action by the board the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building are located, except that a dwelling so destroyed may be reconstructed on the same building site within one year of the date of destruction. For the purposes of the zoning code, the value of any building shall be the estimated cost or replacement of the building in kind as determined by the county building official.

(Ord. 1228 §2(Ch. 50(part)), 1983)

17.74.050 - Chapter applicability to nonconforming uses.

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed or established.

(Ord. 1228 §2(Ch. 50(part)), 1983)

Chapter 17.75 - LOT LINE ADJUSTMENTS

Sections:

17.75.010 - Generally.

The provisions of this chapter are intended to provide criteria for the evaluation of and procedures for lot line adjustments as provided for in Sections 66412(d) and 51257 of the California Government Code.

(Ord. 1733 §4(part), 2000)

17.75.020 - Conforming/nonconforming parcels-Lot line adjustments.

Notwithstanding the minimum parcel sizes required by Chapters 17.10, 17.11, 17.12, 17.13, 17.14, 17.16, 17.18, 17.20, 17.22, 17.32, 17.44, 17.50, and 17.66, a lot line adjustment between two or more contiguous parcels may be approved by the director of planning or designee if the following criteria are met:

A.

A greater number of parcels than originally existed is not created.

B.

Any redescribed, pre-existing, nonconforming parcel is no less than eighty percent of its original area, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in Tehama County

Land Development and Engineering Design Standards and the Tehama County Code. A nonconforming parcel is a legal, conveyable parcel which is less than the minimum parcel size required for creating a new parcel in the district in which it is located.

C.

The adjustment between and/or amongst conforming parcels in residential zones does not result in any lot which is less than eighty percent of its minimum parcel size, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in the Tehama County Land Development and Engineering Design Standards and the Tehama County Code.

D.

The adjustment between and/or amongst conforming parcels in AG-1, AG-2, AG-4, and NR zones does not result in any lot which is less than eighty percent of its minimum parcel size, provided that all setback, frontage and access (limited to dedications, easements and public road encroachments), sewer, water and fire protection requirements are met as stipulated in the Tehama County land division standards and the Tehama County Charter and Code.

E.

The adjustment between and/or amongst conforming or nonconforming parcels in AG-3 zones does not result in any lot which is less than five gross acres in size for properties that are not subject to a Williamson Act or Farmland Security Zone contract, or forty gross acres in size for properties that are subject to such a contract.

F.

Notwithstanding subsections B, C, D and E of this section, the redescription of any parcel cannot result in its potential redivision in which the number of lots would exceed the density limits of the land use category of the general plan in which the parcel(s) is/are located.

(Ord. 1733 §4(part), 2000)

(Ord. No. 1972, §§ 34, 35, 10-23-2012)

17.75.030 - Williamson Act lot line adjustments.

A.

Notwithstanding Section 17.75.020, all lot line adjustments involving conforming and/or nonconforming parcels in lands encumbered by land use contracts may be approved by the Tehama County board of supervisors only upon meeting all of the requirements of California Government Code Section 51257. The required findings for approval are all of the following:

1.

The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than ten years.

2.

There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

3.

At least ninety percent of the land under the former contract or contracts remains under the new contract or contracts.

4.

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use, as defined in Section 51222 of the California Government Code (ten acres prime land, forty acres nonprime land; the minimum parcel size for the creation of new parcels is forty acres cropland and one hundred sixty acres grazing).

5.

The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.

6.

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

7.

The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the general plan.

B.

The adjustment limitations as stipulated in Section 17.75.020(B), (D) and (E) shall apply to all lot line adjustments involving lands encumbered by land use contracts.

C.

Only one new contract may be entered into pursuant to this section and Section 51257 of the California Government Code with respect to a given parcel, prior to January 1, 2003.

(Ord. 1733 §4(part), 2000)

Chapter 17.76 - AMENDMENT PROCEDURE

Sections: