Sections:
17.40.010 Purpose.
17.40.020 Definitions.
17.40.030 Existing uses.
17.40.040 Nonconforming structures.
17.40.050 Appeal process.
17.40.060 Nonconforming uses.
17.40.070 Expansion of nonconforming uses and structures.
17.40.080 Structure permits or certificates of occupancy prohibited.
17.40.090 Removal of illegal nonconforming structures and uses.
17.40.100 Elimination of nonconforming uses.
A. These provisions are intended to provide for the orderly termination of nonconforming structures and uses to promote the public health, safety and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.
B. It is declared that nonconforming structures and uses within the city are detrimental to orderly development and the general welfare of citizens and property. It is further declared that nonconforming structures and uses shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners. (Ord. 2017-01 (part), 2017: prior code § 7540)
As used in this chapter, the following terms are defined in this section:
"Nonconforming structure" means a structure that was lawfully erected prior to the adoption of this title, but which, under this title, or due to changes in the City of Visalia municipal code or the lawful taking of private property by or under threat of eminent domain, does not conform with the standards of coverage, yard spaces, height of structures or distances between existing structures prescribed in the regulations for the zone or development standards in which the structure is located.
"Nonconforming use" means one that lawfully existed prior to the effective date of this chapter, but which is no longer permitted in the zone in which it is located. (Ord. 2017-01 (part), 2017: prior code § 7541)
An existing use of land or structure shall not be deemed to be a nonconforming use solely because of the lack of off-street parking facilities; however, property on the site used for off-street parking and off-street loading at the time of the adoption of this chapter shall not be reduced in a capacity to less than the number of spaces or berths prescribed in Chapter 17.34 or reduced in area to less than the minimum standards prescribed in Chapter 17.34. Where an existing use is expanded, the parking requirements of Chapter 17.34 shall apply only to the addition. (Ord. 2017-01 (part), 2017: prior code § 7542)
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