Any building or structure existing at the date of the final adoption of the original ordinance codified in this title which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located. Notwithstanding the foregoing, where an existing, otherwise legal, nonconforming structure which is solely utilized for residential purposes and is substantially damaged or destroyed solely by a natural disaster or unintentional destruction such as an unintentional fire (including, but not limited to, fire, flood, storm or earthquake), such structure may be repaired or reconstructed. A reconstructed structure shall have the same total floor area, footprint and height as the destroyed nonconforming structure. All other (nonresidential) nonconforming buildings or structures may be maintained, repaired or portion thereof replaced.

(Code 1985, § 17.80.010; Ord. No. 424, exh. A(ch. 22.48(A)), 1984; Ord. No. 506, § 1(part), 2003)

If any nonconforming use is discontinued or abandoned for a six-month period, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. A nonconforming use of a building may be changed to another use of the same or more restrictive classification upon the securing of a use permit.

(Code 1985, § 17.80.020; Ord. No. 424, exh. A(ch. 22.48(B)), 1984)

A land use permit shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this title. No building permit shall be issued until the land use permit portion thereof has been completed by the planning director and any required use permit or variance has been issued.

(Code 1985, § 17.80.030; Ord. No. 424, exh. A(ch. 22.48(C)), 1984; Ord. No. 572, § 3(17.80.030), 6-14-2021)

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and a plot plan showing the details of the proposed use to be made of the land or building. After examination of the use permit application, the planning director may issue the permit if the director finds the application meets the strict application, conditions and requirements of the land use ordinance; otherwise, it will be presented to the planning commission at its next regular meeting or to the city council in the event a quorum of the planning commission is not available.

(Code 1985, § 17.80.040; Ord. No. 424, exh. A(ch. 22.48(D)), 1984; Ord. No. 572, § 3(17.80.040), 6-14-2021)

Upon receipt of the application for a use permit, the planning director shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood or such proposed use, or whether it will be injurious or detrimental to property, and improvements in the neighborhood or the general welfare of the city. If the planning director finds that the aforementioned conditions will not result from the particular use applied for, the director may grant the use permit.

(Code 1985, § 17.80.050; Ord. No. 424, exh. A(ch. 22.48(E)), 1984; Ord. No. 572, § 3(17.80.050), 6-14-2021)

Applications for variances from the strict applications of the terms of this title may be made in writing as set forth for a use permit, accompanied by a fee set by the city council. A variance may be granted by the planning commission when the following circumstances are found to apply:

A.

That any variance granted shall be subject to such conditions as will ensure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;

B.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the land use ordinance is found to deprive subject property of privileges enjoyed by either of the properties in the vicinity and under identical district classification.

(Code 1985, § 17.80.060; Ord. No. 424, exh. A(ch. 22.48(F)), 1984)

A public hearing shall be held upon all variance applications. Notice thereof shall be given as provided by law.

(Code 1985, § 17.80.070; Ord. No. 424, exh. A(ch. 22.48(G)), 1984)

Variances shall not be issued until five days have elapsed from the granting hereof, and in case an appeal is filed from the planning commission, a decision thereon shall not be issued until decision shall be made by the city council on such appeal.

(Code 1985, § 17.80.080; Ord. No. 424, exh. A(ch. 22.48(H)), 1984)

If any ambiguity arises concerning the interpretation of this title of the zone boundaries as set forth herein, the planning commission shall ascertain all pertinent facts and by resolution set forth its findings and interpretations and thereafter such interpretations shall govern, except if the city council directs the planning commission to adopt a different interpretation.

(Code 1985, § 17.80.090; Ord. No. 424, exh. A(ch. 22.48(I)), 1984)

If there exists any ambiguity or dispute between this chapter and the building regulation of the city, the most restrictive shall apply.

(Code 1985, § 17.80.100; Ord. No. 424, exh. A(ch. 22.48(J)), 1984)

A.

In case the applicant or any other person is not satisfied with the action on any use permit or variance application, such person may, within five days, appeal in writing to the city council.

B.

Upon receipt of such appeal, the city council shall set the matter for public hearing, notice thereof to be given as provided by law. Notice shall also be given to the planning commission which shall submit a report to the city council setting forth the reasons for the action taken by the commission. Such report shall be submitted in writing or by representation at the hearing.

C.

The city council shall render its decision not more than 45 days after the close of the hearing.

(Code 1985, § 17.80.110; Ord. No. 424, exh. A(ch. 22.48(K)), 1984)

A.

A use permit or variance shall terminate, all rights granted thereunder shall lapse, the same shall become null and void and the property affected thereby shall be subject to all of the laws, ordinances, regulations and legal requirements in effect on the date of such termination when there is a failure to exercise the rights granted in the use permit or variance within one year of the later of the following:

1.

The date of the initial approval of the use permit or variance; or

2.

The date of the approval of the last extension of such use permit or variance.

B.

Notwithstanding the foregoing, all use permits and variances shall terminate upon the failure to exercise rights granted thereunder no later than two years from the date of initial approval of the use permit or variance.

C.

The planning commission, after due application, notice and hearing, may grant one or more extensions of the effective period of any use permit or variance to any date on or before two years from the date of the initial approval thereof, but shall not have the power to extend such period beyond two years from the date of such initial approval.

D.

All applications for extensions of use permits and variances shall be in writing and filed with the city administrator not less than 45 days before the date such use permit or variance shall otherwise expire. If such application is filed later than such date, the planning commission shall not have the power to grant an extension thereof.

E.

Nothing herein shall prohibit the approval of a new use permit or variance at any time, after due application, notice and hearing.

(Code 1985, § 17.80.120; Ord. No. 424, exh. A(ch. 22.48(L)), 1984; Ord. No. 436, § l, 1985)

Any use permit or variance granted in accordance with the terms of this title may be revoked by the city council in the manner set forth in this chapter, if any of the conditions or terms of such permits are violated.

(Code 1985, § 17.80.130; Ord. No. 424, exh. A(ch. 22.48(M)), 1984)

Before the council considers revocation of any permit, the planning commission shall hold a hearing thereon after giving written notice thereof to the permittee at least ten days in advance of such hearing. Within five days thereafter, the commission shall transmit a report of its findings and its recommendations on the revocation to the city council.

(Code 1985, § 17.80.140; Ord. No. 424, exh. A(ch. 22.48(N)), 1984)

The boundaries of the districts designated and established by section 17.04.040 are shown on that certain map entitled "Land Use Map of the City of Bishop," incorporated in this chapter and made a part of this chapter by reference as if herein fully set forth, which map is on file in the office of the city administrator and to which reference is made for full particulars as to the location of the areas shown within such districts. The districts shown are declared to be subject to the regulations pertaining to such designated districts as such regulations are set forth in this chapter. No person shall use any land, building or structure, nor shall any building or structure be erected constructed, enlarged, altered, moved or used in any district shown on such land use map, except in accordance with the regulations established by this chapter.

(Code 1985, § 17.80.150; Ord. No. 424, exh. A(ch. 22.48(O)), 1984)

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the land use map of the city, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive.

(Code 1985, § 17.80.160; Ord. No. 424, exh. A(ch. 22.48(P)), 1984)

Changes in the boundaries of districts shall be made by ordinance, the ordinance describing the area to be changed either by lot and block number, or by metes and bounds; provided, however, that when a new district is added or deleted from the ordinance, such change may be accomplished by the filing in the office of the city administrator the map, showing such district and boundaries and the location of the area within the new districts, to which reference may be made for the description of the area to be changed. After the adoption of such ordinance, the city clerk shall mark the land use map to show the number and the date of the adoption of the ordinance making such change. One year after the adoption of the ordinance codified in this title, and annually thereafter, the city administrator shall cause a revised land use map to be published in a newspaper of general circulation in the city; the map shall show the changes made in district boundaries affected by amending ordinances as herein provided for the year preceding the publication. No publication shall be required if there have been no such changes during the preceding year.

(Code 1985, § 17.80.170; Ord. No. 424, exh. A(ch. 22.48(Q)), 1984)