Chapter 11.31 — NON-CONFORMING USES, STRUCTURES, AND LOTS

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 all of the current standards and requirements of this Code in a manner that does that does not impair public health, safety, or general welfare or conflict with the General Plan. These regulations also distinguish between non-conforming uses that are detrimental to public health, safety, or general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements.

(Ord. No. 1624)

(a)

The provisions of this Chapter apply to any lawfully established use or structure, as defined in the following section. Non-conforming uses and structures may only be continued, altered, or enlarged subject to the requirements of this Chapter.

(b)

The provisions of this Chapter also apply to non-conforming lots. Non-conforming lots may be developed according to the provisions of Section 11.31.040(c), Development on Non-conforming Lots.

(c)

Nothing contained in this Code shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a building permit has properly been issued, in accordance with the ordinances then in effect and upon which actual construction has been started prior to the effective date of this Code, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure.

(Ord. No. 1624)

11.31.030. - Establishment of lawful non-conforming uses, structures, and lots.

(a)

Definition. Any use, structure, or lot that was lawfully established prior to the adoption of this Code or any subsequent amendment to this Code or to the Official Zoning Map but that does not comply with all of the current standards and requirements of this Code shall be considered lawful non-conforming.

(1)

Non-conforming use. This term means any use of land or property that was lawfully established in compliance with all applicable ordinances and laws at the time of establishment and has remained in continuous existence but is not a use listed as permitted, accessory, or allowed subject to approval of a use permit in the district in which it is located. Non-conforming uses also include uses made non-conforming by the addition of a development standard (e.g., floor area limitation, restriction to certain floor level, minimum separation requirement) previously not required for such use, where such added standard is specified to be a condition of the use.

(2)

Non-conforming structure. This term means any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time of establishment but no longer complies with all applicable development standards of the district in which it is located.

(3)

Non-conforming lot. Any lot that is smaller than the minimum lot area, width, depth, or frontage required by this Code shall be considered a lawful non-conforming lot if it is described in the official records on file in the office of the Yuba County Recorder as a lot of record.

(b)

Non-conformities. Non-conforming status for a use or structure may result from any inconsistency with the requirements of this Code, including but not limited to location, density, floor area, height, yards, usable open space, performance standards, or the lack of an approved conditional use permit, variance, or other required authorization.

(1)

Exceptions. A use or structure shall not be deemed non-conforming solely because it does not conform with the parking dimension standards, loading space requirements, planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; chimney height; cornices, eaves, and other ornamental features that exceed maximum projections into required yards.

(c)

Development on non-conforming lots. A non-conforming lot may be used as a building site subject to compliance with all applicable development standards (e.g., setbacks, height, etc.) of the district in which it is located. Deviations to standards shall not be allowed unless a variance, waiver, or modification to such standards is approved as provided for in this Code.

(Ord. No. 1624)

11.31.040. - Non-conforming uses and structures—Right to continue.

(a)

Non-conforming uses. Any lawful non-conforming use may be continued and maintained, provided that there be no alteration, enlargement, or addition to any building or structure housing the use; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter. The right to continue a non-conforming use shall run with the land. No substitution, expansion, or other change in use is permitted except as provided in this Chapter.

(b)

Non-conforming structures. Any lawful non-conforming building or structure may be continued and maintained provided that there be no alteration, enlargement, or addition to the building or structure except as otherwise provided in this Chapter. The right to continue a non-conforming structure shall run with the land.

(c)

New development on a lot with a non-conforming use or structure. New development, including accessory structures, may occur on a lot with a non-conforming use or structure provided the new development conforms to the regulations of this Code and that such development does not alter any existing non-conforming structure or increase the degree of non-conformity.

(Ord. No. 1624)

Lawful non-conforming structures may be continued, maintained, and repaired in compliance with the requirements of this Section unless deemed to be a public nuisance because of health or safety conditions.

(1)

Maintenance and non-structural repairs. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a non-conforming structure as long as the changes and improvements do not enlarge or extend the structure.

(2)

Structural repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams, or girders, may be undertaken only if the Building Official determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property, and if the cost of such work does not exceed 50 percent of the higher of the assessed value of the non-conforming structure as determined by the Yuba County Assessor or an appraisal performed by a certified appraiser for the applicant. If an applicant chooses not to submit an appraisal, the County Assessor's determination shall be used.

(3)

Non-conforming signs. Lawfully established signs that do not conform to the requirements of this Code may only be maintained in compliance with the requirements of Chapter 11.27, Signs.

(Ord. No. 1624)

11.31.060. - Alterations and enlargements to non-conforming structures.

Non-conforming structures may be altered, enlarged or extended if the addition conforms to the regulations applicable to the district where it is located and that such alterations or additions do not extend any existing non-conformity or increase the degree of non-conformity.

(1)

No expansion of area occupied by non-conforming use. An alteration to a non-conforming building or structure containing a non-conforming use shall not increase the area occupied by any non-conforming use, except as otherwise provided in Section 11.31.080, Expansion of Non-conforming Uses.

(2)

Accessory dwelling units. An Accessory Dwelling Unit in compliance with Section 11.32.030, Accessory Dwelling Units, may be developed on a lot that contains a non-conforming Single-Unit Dwelling.

(3)

Non-conforming signs. Lawfully established signs that do not conform to the requirements of this Code may only be altered in compliance with the requirements of Chapter 11.27, Signs.

(Ord. No. 1624)

A lawful non-conforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that is not caused by an act or deliberate omission of a property owner, an owner's agent, or a person acting in concert with or on behalf of an owner may be restored or rebuilt subject to the following provisions:

(1)

Restoration when damage is 50 percent or less of value. If the cost of repair or reconstruction does not exceed 50 percent of the replacement cost, as determined by the Building Official, of the building or structure, replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

(2)

Restoration when damage exceeds 50 percent of value. If the cost of repair or reconstruction exceeds 50 percent of the replacement cost, as determined by the Building Official, of the building or structure, the land and building shall be subject to all of the requirements of this Code, except as provided below.

a.

Non-Residential structures. The Planning Commission may approve a Conditional Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous structure must conform to the requirements of this Code.

b.

Residential structures. Any non-conforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage. The non-conforming use, if any, may be resumed subject to a Zoning Clearance in the case of Single-Unit Dwellings or a Conditional Use Permit approval in the case of other residential housing types, unless the decision-making authority finds that:

1.

The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or

2.

The existing non-conforming use of the building or structure can be more appropriately moved to a zoning district where the use is permitted.

(3)

Building code compliance. Any reconstruction, restoration, or rebuilding undertaken pursuant to this Section shall conform to all applicable Building Code requirements.

(4)

Building permit. A building permit must be obtained within two years after the date of the damage or destruction.

(Ord. No. 1624)

No lawful non-conforming use may be expanded without the approval of a use permit, subject to the following requirements:

(1)

Within a conforming structure. A non-conforming use occupying a portion of a structure that conforms to this Code may expand the portion that it occupies with approval of a Use Permit in accord with Chapter 11.57, Use Permits.

(2)

Expansion within a structure that does not conform to this Code. A non-conforming use in a structure that does not conform to the requirements of this Code but does conform to the requirements of the Building Code may expand its occupancy and building floor area subject to approval of a Use Permit in accordance with Chapter 11.57, Use Permits, provided, however, that the expansion meets the requirements of this Code.

(3)

Expansion within a structure that does not conform to the Building Code. Any non-conforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements.

(Ord. No. 1624)

No lawful non-conforming use shall be changed to a different use type or sub-classification without the approval of a use permit unless the new use is permitted by right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 11.72, Use Classifications, and the use is not expanded or intensified.

(1)

Change from non-conforming to permitted use. Any non-conforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use.

(2)

Addition of permitted uses and structures. Any parcel with a non-conforming use or structure may add new uses and structures that are permitted within the zone district so long as they meet all applicable development standards. Non-conforming residential uses that also have a commercial use located within the residential unit shall comply with the requirements of Section 11.32.140, Home Occupations.

(3)

Absence of permit. Any use that is non-conforming solely by reason of the absence of a use permit may be changed to a conforming use by obtaining a use permit pursuant to the requirements in Chapter 11.57, Use Permits.

(4)

Substitutions. The Zoning Administrator may allow substitution of a non-conforming use with another nonconforming use, subject to approval of a minor use permit. In addition to any other findings required by this Code, the Administrator must find that:

a.

The existing non-conforming use was legally established;

b.

The proposed new use would not preclude or interfere with implementation of the General Plan or any applicable adopted specific, area, or community plan;

c.

The proposed new use will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan;

d.

The proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this Code than the non-conforming use it replaces;

e.

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 lots, the surrounding area, or the neighborhood because of noise, odors, dust, glare, vibrations, or other effects; and

f.

The proposed new use will comply with all applicable standards of this Code, 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, or the impacts of the new use will be mitigated.

(Ord. No. 1624)

No non-conforming use may be resumed, reestablished, reopened or replaced by any other non-conforming use after it has been abandoned or vacated for a period of six months, unless the Planning Commission approves a conditional use permit after making all the following findings in addition to any other required findings.

(1)

The structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous non-conforming use;

(2)

The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the replacement cost of the structure, as defined in this article, within any five year period; and

(3)

The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses.

(Ord. No. 1624)

CHAPTER 11.32 - STANDARDS FOR SPECIFIC USES