Article 3 — Chapter 17.32

NONCONFORMING USES

Sections:

17.32.010 Purpose.

17.32.020 Applicability.

17.32.030 Continuation.

17.32.040 Vested rights applicable to development of mineral resources.

17.32.050 Determination of abandonment of nonconforming use.

17.32.060 Nonconforming agricultural land uses.

17.32.070 Reversion to prior nonconforming use.

17.32.080 Repairs, maintenance, and structural alterations.

17.32.090 Restoration, reconstruction, or replacement.

17.32.100 Continuation of work already in progress.

17.32.110 Uses recognized by General Plan.

A. This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with one or more of the standards and requirements of this title but in a manner that does not conflict with the Tuolumne County General Plan.

B. This Chapter provides regulations for nonconforming uses, structures, and parcels, as well as landscaping, parking, and public utilities, that were lawful at the time of their construction or establishment, but which would be prohibited, regulated, or restricted differently under the terms of the current Title 17.

C. To that end, it is the intent of this Chapter to encourage reasonable improvements for appearance, maintenance, and safety while limiting the extent to which nonconforming uses and structures may continue to be used, altered, expanded, moved, or replaced. Generally, this Chapter is intended to be administered in a manner that encourages the eventual elimination of nonconformities. This Chapter is also intended to ensure that nonconformities shall not be reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.

D. Any use or structure established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which does not conform to Title 17, is not a nonconforming use or structure, and is in violation of this title.

17.32.020 Applicability. The provisions of this Chapter shall apply to buildings and uses made nonconforming by a change in the zoning district in which such uses or buildings are located.

17.32.030 Continuation. The lawful use of land or buildings existing on the effective date of this title, although such use does not conform to the regulations of the zoning district in which such land or buildings are located, may be continued; provided, that no such use or building shall be enlarged or increased, nor be extended to occupy a greater area than occupied by such use on the effective date of this title, except that a building which is nonconforming only as regards setbacks may be extended or otherwise enlarged by up to 10% provided that all new construction meets or exceeds the setback requirements in effect as of the date of issuance of the building permit for the new construction; and further provided, that if such use is abandoned or ceases as provided in this Chapter, the subsequent use

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of the land or buildings shall be in conformance with the regulations for the zoning district in which located. This section shall not apply to any use or structure established in violation of any zoning ordinance previously in effect.

development of mineral resources. For determination of vested rights under the Surface Mining and Reclamation Act of 1975, please refer to Chapter 8.20 of this title.

nonconforming use. If the nonconforming use of a structure or premises ceases for a period of eighteen months, the use shall be considered abandoned, and the structure or premises shall thereafter be used only for uses permitted in the zoning district in which it is located.

A. Nonconforming agricultural land uses shall be exempt from the provisions of Section 17.32.050;

B. Notwithstanding Section 17.32.020, nonconforming agricultural uses may be enlarged or increased, provided the use shall not be extended to occupy an area more than 10% larger than occupied by the agricultural use at the time it became nonconforming;

C. Nonconforming agricultural uses shall not be changed to another nonconforming agricultural use unless prior written approval is secured from the Director.

use. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

17.32.080 Repairs, maintenance, and structural alterations. Such repairs and maintenance work required to keep a nonconforming structure in sound condition may be made to the structure. No structural alterations may be made to a nonconforming

structure except those required by law or as provided in Sections 17.32.020 or 17.32.110.

replacement. Any nonconforming structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God may be restored, reconstructed, or replaced (in the same location without an increase in height, or size over its previous area, except as provided in Sections 17.32.020 or 17.32.110) and used as before such happening, provided such reconstruction is commenced within two years of such happening, unless an extension is requested and granted by the Director. Any nonconforming structure that is in a dilapidated state or is functionally obsolete may be restored, reconstructed, or replaced (in the same location without an increase in height, or size over its previous area, except as provided in Sections 17.32.020 and 17.32.110) provided the use of the structure has not ceased for a period of eighteen months.

progress. Nothing contained in this Chapter shall require any change in the overall layout, plans, construction, size, or designated use of any development, structure, or part thereof for which official approvals and required building permits have been granted before the enactment of this title.

All land uses, except those related to the development of mineral resources, that are legally permissible but do not conform to the regulations of the zoning district in which the use is located, are declared to be

nonconforming uses and subject to the provisions of this Chapter except as provided herein. The total floor area under one roof of a structure, the use of which is nonconforming for any cause other than setbacks, may be extended or enlarged one time by as much as 10%. Vested rights related to the development of mineral resources shall be determined in accordance with the Surface Mining and Reclamation Act

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of 1975, as amended, and Chapter 8.20 of this code. Any legally created parcel of land of record that does not meet the minimum parcel size specified herein for its zoning district may be used as a building site provided all other development standards can be met.

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