Section
10.156.010 Purpose.
10.156.020 Definitions.
10.156.030 Non-conforming uses.
10.156.040 Non-conforming structures.
10.156.050 Exceptions.
The purpose of this chapter is to prevent the expansion of non-conforming uses and structures to the maximum extent possible, to establish criteria under which they may be continued or possibly expanded and to provide for the modification or removal of these non-conforming uses and structures in an equitable, legally defensible and timely manner.
(1995 Code, § 10.156.010) (Ord. 00-1854, passed - -2000)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-CONFORMING STRUCTURE. A structure which was lawfully erected prior to the adoption of this title but does not conform with the development standards of the district in which the structure is located, including coverage, setbacks, height of structures or distances between structures.
NON-CONFORMING USE. A use of a structure or land which was lawfully established and maintained prior to the adoption of this title, but does not conform with the use regulations for the zoning district in which it is located.
(1995 Code, § 10.156.020) (Ord. 00-1854, passed - -2000)
The regulations that apply to non-conforming uses in Tulare, including provisions that pertain to maintenance, repair, alterations, change in ownership, and termination, are as follows:
(A) Change of ownership, tenancy or management of a non-conforming use shall not affect its legal, non-conforming status. A non-conforming use may be maintained or repaired except as otherwise provided in this chapter.
(B) Except as otherwise provided in this chapter, no structure that contains a non-conforming use, shall be moved, altered or enlarged unless required by law or the non-conforming use is eliminated.
(C) If a non-conforming use is abandoned, discontinued or changed to a conforming use for a continuous period of six months, the use shall lose its legal, non-conforming status and shall be required to conform to the use and development standard regulations of this title.
(D) Whenever a structure, which contains a non-conforming use, is damaged by fire, flood or other calamity, and the extent of the damage is 50% or less of the floor area of the structure or 50% or less of the replacement value of the structure, as determined by the Building Official, the structure may be restored and the non-conforming use may be resumed, provided that the restoration is started within six months and is completed within 18 months.
(E) Whenever a structure, which contains a non-conforming use, is damaged by fire, flood or other calamity, and the extent of the damage is more than 50% of the floor area of the structure or 50% or more of the replacement value of the structure, as determined by the Building Official, the structure shall not be restored unless in conformity with the use and development standard regulations of this title.
(F) A non-conforming use shall not be changed to another non-conforming use unless the proposed non-conforming use is a more restrictive use.
(G) A non-conforming residential use that is located in a commercial or industrial zone district may be altered or enlarged; provided, that a conditional use permit is secured. A non-conforming commercial or industrial use that is not located in a residential zone district may be moved, altered or enlarged; provided, that a conditional use permit is secured.
(1995 Code, § 10.156.030) (Ord. 00-1854, passed - -2000)
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