A. Purposes:
1. A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this title, but which, under this title, does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement and their reestablishment after abandonment and by prohibiting the alteration of the structures they occupy and their restoration after destruction within a reasonable period of time.
2. A nonconforming structure is a structure which was lawfully erected prior to the adoption of this title, but which, under this title, does not conform with the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction within a reasonable period of time.
3. Priorities for enforcement under this section shall be as follows, in descending order of importance:
a. Uses listed subsection 10-15-7G1 of this chapter.
b. Nonconforming uses.
c. Nonconforming structures, types V, III and IV, and I and II.
B. Continuation And Maintenance:
1. A use lawfully occupying a structure or a site on the effective date hereof or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.
2. A structure lawfully occupying a site on the effective date hereof or of amendments thereto, which does not conform with the standards of coverage, front yard, side yards, rear yard or distances between structures prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this section.
3. A sign or outdoor advertising display of any character lawfully occupying a site on the effective date hereof or amendments thereto, which does not conform with the standards for subject matter, location, size, lighting or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure, and may be displayed and maintained except as otherwise provided in this section.
4. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure and on a nonconforming sign or outdoor advertising structure. (Ord. 622, 9-2-1980)
C. Alterations And Additions To Nonconforming Uses And Signs: Except as provided in subsections D through I of this section, no structure, the use of which is nonconforming, and no nonconforming sign or outdoor advertising display shall be moved, altered or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. (Ord. 94-001, 1-25-1994)
D. Alterations And Additions To Nonconforming Structures: No nonconforming structure shall be altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structure or distances between structures prescribed in the regulations for the district in which the structure is located. No nonconforming structure shall be moved unless the new location shall conform to the standards prescribed in the regulations prescribed for the district in which the structure is located.
E. Abandonment Of Nonconforming Use: Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of twelve (12) months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.
F. Restoration Of Damaged Structure:
1. Whenever a nonconforming use, or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than seventy five percent (75%), the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official, and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.
2. Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of seventy five percent (75%) or more, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. (Ord. 622, 9-2-1980)
G. Elimination Of Nonconforming Uses And Structures:
1. The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five (5) years after the effective date hereof or of amendments thereto, except as noted below:
a. A nonconforming use which does not occupy a structure.
b. A nonconforming use occupying a structure having an assessed valuation of less than one hundred dollars ($100.00).
c. A nonconforming home occupation within one year.
d. Abandoned or dilapidated signs.
2. Uses permitted only within an R or RM district which are located in a C or M district, and uses permitted only in a C or M district which are located in an R or RM district shall be completely removed or altered and converted to a conforming status in accordance with the following schedule:
Type Of Construction
| Period Of Amortization
|
(Uniform Building Code)* | |
Type I and II* | 40 years |
Type III and IV* | 30 years |
Type V* | 25 years |
The period of amortization shall begin on the date the use first became nonconforming on or after the effective date hereof. The time schedule is deemed to provide for the amortization of the affected use.
When said nonconforming use is removed, at or before the end of the amortization period, every future use shall be in conformity with the provisions of this title. Repairs necessary to maintain a nonconforming use and minor alterations, not exceeding an assessed valuation of two hundred fifty dollars ($250.00), shall not be construed as lengthening the amortization period set forth by this chapter.
3. Fences, walls and hedges which do not conform to the provisions of this title governing the erection of fences, walls and hedges in relation to street intersections shall, within twenty four (24) hours of receipt of written notification by the building official, be removed or made to conform. (Ord. 94-001, 1-25-1994)
H. Time When Use, Structure Or Sign Becomes Nonconforming: Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of subsection I of this section in respect thereto.
I. Records And Notification Of Nonconforming Status Of A Use, Structure Or Sign: Within one hundred twenty (120) days after the effective date of this title, and amendments thereto, the building official shall compile a list of all structures or uses which shall have become nonconforming by the adoption hereof under the provisions of subsection H of this section, together with a description of their locations and the names and addresses of all persons whose names appear on the latest adopted tax roll of Fresno County as owning such nonconforming structures, uses or signs, which list shall be recorded in the office of the Fresno County recorder with copies placed on file with each title company operating within Fresno County.
Within one hundred twenty (120) days after the effective date hereof, the building official shall notify, in writing, the owners of all nonconforming structures, uses and signs of the nonconforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this title. An excerpt of this title will be attached to said notice which excerpt shall include all of the provisions of this section.
J. Effect Of Eminent Domain: If any land, right of way or easement be taken by eminent domain, or be granted to the condemnor under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:
1. If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of subsection 10-3-3G of this title, and any existing building or structure thereon shall be deemed to be nonconforming.
2. If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.
3. If any required parking space on a lot is reduced or eliminated thereby, the provisions of chapter 12 of this title shall not be construed to require the replacement of the required parking space. (Ord. 622, 9-2-1980)