This article establishes regulations for nonconforming uses and structures. In addition, this article is intended to:

A.

Ensure that nonconforming uses and structures do not adversely impact neighboring properties;

B.

Provide for a process to allow for the minor expansion of nonconforming uses and structures;

C.

Allow for repairs and maintenance to nonconforming structures; and

D.

Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence, and destruction.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

This article applies to existing uses and structures which do not conform to the regulation of the zone in which they are located.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

A.

A nonconforming use or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established.

B.

To be considered legally established, a legal nonconforming use or structure shall have been physically constructed or in existence, not merely contemplated. Conditional Use Permits, Variances, Building Permits, or other permits not exercised within the required time do not establish the right to a legal nonconformity.

C.

Any unpermitted residential dwelling unit constructed prior to January 1, 1978, and not in compliance with zoning regulations in effect at the time of construction shall be considered a legal, nonconforming use and structure, subject to an Administrative Permit.

a.

Development Standards.

i.

Unpermitted residential dwelling units must be located in a residential zone, or a zone that allows a residential use under current zoning.

ii.

Obtain a building permit.

iii.

Comply with Butte County Code Chapter 19 (On-Site Wastewater Systems).

iv.

Comply with Butte County Code Chapter 23B (Water Wells).

D.

Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate the existence of the use prior to the establishment of the applicable zone or regulation for which it is nonconforming.

E.

When approving a Minor Use Permit or another permit associated with a nonconforming use or structure, the review authority may at its own discretion establish a date for either the termination of the use or review of the Minor Use Permit.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

A.

Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status provided that the intensity of use does not increase.

B.

Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not return to a nonconforming use.

C.

Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another nonconforming use.

D.

Intensification of Use.

1.

The enlargement of a structure or site occupied by a nonconforming use, or the intensification in any way of the operation of a nonconforming use, shall require the approval of a Minor Use Permit.

2.

To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall make all findings in Section 24-125 (Findings).

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

A.

Enlargements to Nonconforming Structures.

1.

The enlargement of a nonconforming structure shall require the approval of a Minor Use Permit.

2.

To approve a proposed enlargement, the Zoning Administrator shall make all the findings in Section 24-125 (Findings).

B.

Reconstruction.

1.

Reconstruction of a legal nonconforming structure that has been demolished or destroyed shall begin within one year and shall be completed within three (3) years.

2.

The reconstructed structure shall not exceed the original structure in regards to maximum height, floor area, encroachment into setbacks and other property characteristics as determined by the Zoning Administrator.

3.

The Zoning Administrator may approve an extension of two (2) additional years to complete reconstruction of the demolished structure.

4.

If reconstruction is not completed by the specified time limit, the property shall be deemed abandoned.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

A.

A nonconforming use or structure shall lose its legal nonconforming status if:

1.

A nonconforming use has been discontinued for a period of twenty-four (24) consecutive months; or

2.

A nonconforming structure has been vacant for a period of twenty-four (24) consecutive months.

B.

Based on Subsection A. above, the Zoning Administrator may determine that a nonconforming use or structure has lost its legal status and shall mail a notice to the property owner and occupant.

C.

The property owner or occupant may appeal the determination of the Zoning Administrator to the Planning Commission within fifteen (15) days of the mailing of the notice. The appeal shall be filed and heard as provided in Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Article V, Division 5 (Conditional Use and Minor Use Permits):

A.

Available evidence indicates that the nonconforming use or structure was legally established.

B.

The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area.

C.

The nonconforming use or structure is compatible with the general character of the surrounding area.

D.

The proposed action is compatible with the purpose and intent of the applicable zone.

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)

Any decision on a requested modification to a nonconforming use or structure may be appealed as allowed by Article VI, Division 3 (Appeals and Calls for Review).

(Ord. No. 4062, § 1, 9-10-13; Ord. No. 4228, § 1, 5-23-23)