(Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.010 Provisions.

Existing uses, structures and buildings, and lots or parcels which do not conform to the regulations of the zone in which they are located shall be subject to these specific regulations. Within the zoning classifications established by this chapter, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this chapter or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date. Such lots, structures and uses are herein called “legal nonconformities.” Legal nonconformities may be continued notwithstanding the prohibition, regulation, or restriction of those provisions subject to the provisions of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.020 Purpose.

It is the purpose of this section to establish procedures to permit the continued operation of nonconforming uses where the nonconforming uses are appropriate while eliminating nonconforming uses through abandonment, obsolescence, or destruction. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.030 Types of Nonconforming Uses.

As used in this chapter, the term nonconforming uses includes several types of nonconformities. Several distinct types of nonconformities can be distinguished from one another. These include:

A. Nonconforming building. That situation which occurs when a building or structure does not conform to the zone regulations because of size, height, location, materials, or proximity to other buildings;

B. Nonconforming use of a building. That situation which occurs when the use of a building or structure does not conform although the building or structure does;

C. Nonconforming uses of land. That situation where the use of the land regardless of any buildings or structures does not conform; and

D. Conditional use without use permit. That situation where a use which is listed as a conditional use of the zone in which it is located does not have a use permit.

For the purposes of this chapter these various nonconformities shall be known as nonconforming uses. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.040 Continued Use of a Legal Nonconforming Use.

Except as otherwise provided, any use, building or structure, existing on the effective date of this chapter may be continued even though such use, building or structure may not conform with the regulations of the zone in which it is located. Provided, however, that such use must have been lawfully established and not in violation of any ordinance, statute or regulation in effect at the time. Furthermore, such use, structure or building must have been in existence at the time, not merely contemplated. Use permits, variances, building permits, or other permits not exercised within the required time do not establish the right to a legal nonconforming use. Pursuant to law, the party asserting a right to a nonconforming use has the burden of proof to establish the lawful and continuing existence of the use at the time of the enactment of the ordinance, statute, or regulation. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.050 Change or Expansion of Nonconforming Use.

Except as otherwise provided, no nonconforming use shall be expanded, enlarged, extended, reconstructed, substituted, or structurally altered unless made to conform to the use standards, and regulations for the zone within which it is located. Provided, however, that any nonconforming use may be changed to another nonconforming use, expanded, enlarged, extended, reconstructed, or structurally altered upon obtaining a use permit. When considering a use permit for a nonconforming use, the reviewing authority shall grant the use permit when it finds that the change, expansion, enlargement, extension, reconstruction or structural alteration of such use will not conflict with, impair or be detrimental to the uses both permitted and conditional of the zone in which it is located and/or adjoins. This finding shall be in addition to the findings required by Section 44-1.80.030. Pursuant to Section 44-1.80.030, the reviewing authority may require conditions upon the issuance of the use permit which are reasonably related to the use of the property for which the use permit is requested. In addition, the reviewing authority may at its own discretion establish a date for either the termination of the use or review of the use permit. Whenever a nonconforming use has been changed to conform to the uses, standards, and regulations of the zone in which it is located, it shall not subsequently be changed to a nonconforming use. Agricultural uses and agricultural operations are exempt from these requirements. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.060 Residential Substitution Permitted.

The substitution of a single nonconforming residential building or structure is permitted subject to a review and conditions required by the Director. Such conditions shall be limited to setbacks, yards, locations, height, and placement of the building or structure on the property. Substitution of a nonconforming mobile home shall be considered a permitted residential substitution under the terms of this chapter. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.070 Maintenance and Repairs for Safety.

Nothing in this chapter shall prevent the normal, ordinary, customary maintenance of a nonconforming use provided that such maintenance does not include major structural alterations which have the effect of expanding, enlarging or extending the nonconforming use. Nothing in this chapter shall prevent any such repair, alteration or restoration to a safe condition of any portion of a nonconforming use when so directed by the Director upon a finding that such is necessary for the protection of the public health and safety. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.080 Construction, Use Permits, and Amendments.

A. Nothing in this chapter shall require any change in the plans, construction size, or designated use of any land, building, or structure for which building permits have been issued in accordance with the provision of this chapter or ordinances then in effect. Provided, however, that the actual use or construction under such permit has started prior to the effective date of this chapter and in all such cases be carried out in a normal manner until completion.

B. Except as provided by this section and Section 44-1.80.030, any rezoning or subsequent amendment of this chapter which has the effect of eliminating a particular conditional use or changing the conditions under which a particular conditional use may be allowed shall remain valid, unless specifically stated to the contrary in the amending ordinance. Subject to the limitations of this section and Section 44-1.80.030, any such use permits shall remain valid and may be used, extended, transferred, or modified through amendment pursuant to Section 44-1.80.030. No extension of a use permit shall be granted following such rezoning or amendment unless the applicant makes a satisfactory showing to the reviewing authority that there have been substantial expenditures made in reliance upon the continued effectiveness of the use permit within the prescribed time period and/or the inability to complete the project authorized by the use permit is due to reasons beyond the applicant’s control. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.090 Nonconforming Parcels of Record.

A. A nonconforming parcel that does not comply with the applicable zoning district’s area, width, or depth requirements shall be considered a legal parcel which may be used and built upon the same as any other legal parcel that fully complies with the applicable zoning district’s area, width, or depth requirements if it meets at least one of the following criteria to the satisfaction of the director of community development:

1. Approved Subdivision. The parcel was created by a recorded subdivision;

2. Individual Parcel Legally Created. The parcel was legally created before the effective date of the zoning amendment that made the parcel nonconforming;

3. Variance. The parcel was approved through a variance; or

4. Partial Government Acquisition. The parcel was legally created, but was made nonconforming or an existing nonconformity increased when a portion was acquired by a governmental entity.

B. A legal nonconforming parcel may be part of a lot line adjustment and shall not be required to meet the applicable zoning district’s area, width, and/or depth requirements; provided, that the nonconforming development standard is not increased.

C. Development on a legal nonconforming parcel shall be required to be built in full conformity with all development standards unless a variance for any nonconformity is approved.

D. Any development on a legal nonconforming parcel shall meet any applicable water and sewer requirements of the environmental health division. (Ord. No. 765 § 2 (Exh. A) (part): Ord. No. 798, § 3)

44-1.120.095 Physically Divided Parcels of Record.

Notwithstanding any provision to the contrary, legally established parcels of land of record meeting minimum parcel requirements, which are physically divided or split, by a public work of improvement or public project, such as a highway, a water delivery canal, a water storage facility or like type of public improvement, authorized and constructed by a public entity, may be divided into legal parcels that do not meet minimum parcel size requirements. Any such division shall conform with state law, the County Code, and shall not result in legal parcels smaller than the physical division. (Ord. No. 778 § 1)

44-1.120.100 Abandonment of Nonconforming Use.

A. Abandonment – Consequences. A nonconforming use shall be abandoned when it is voluntarily discontinued with the intent not to resume it. There shall be a presumption that a nonconforming use which has been discontinued for a period of twelve consecutive months has been abandoned; however, the property owner, occupant or other party asserting the right to a legal nonconforming use has the burden of proving the legal and continuing existence of the use. Once abandoned, a nonconforming use shall no longer be a legal nonconforming use entitled to the rights and privileges described in this chapter and thereafter shall be made to conform to the uses, standards, and requirements of the zone in which it is located.

B. Determination of Abandonment – Appeal. The Director, at his or her sole discretion, may determine whether or not a nonconforming use has been abandoned and may mail notice of such determination to the property owner using the address from the latest equalized assessment roll of the County of Colusa and to the occupant at the street address of the property. The property owner or occupant may, within fifteen days of the mailing of said determination, appeal the determination to the Board. If no such appeal is filed, the determination of the Director shall be final. If such appeal is filed, it shall be filed and heard in the same manner as appeals pursuant to Section 44-1.70.010 (Review Authority) and Section 44-1.80.080 (Appeals). (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.110 Restoration of Nonconforming Buildings or Structures.

A nonconforming building or structure which does not conform to the required side yard, rear yard, or street setback areas, which is in need of restoration by demolition totally or in part, may be restored to a total floor area or to the same extent as the original only upon securing a use permit pursuant to Section 44-1.80.030. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.120 Restoration of Nonconforming Uses.

A nonconforming use, building, or structure catastrophically damaged or destroyed totally or in part may be restored to a total floor area or to the same extent as the original without a use permit. Provided, however, that any expansion, enlargement, or extension of the nonconforming use be allowed only upon securing a use permit pursuant to Section 44-1.80.030. Any such restoration or reconstruction of a nonconforming use not requiring a use permit shall commence within twelve months and be completed within twenty-four months of the time of damage or it shall be deemed abandoned. Upon application to the planning commission an extension of time for the restoration of a nonconforming use may be granted not to exceed five years in total. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.130 Nonconforming Building or Structure – Relocation.

A nonconforming building or structure shall not be moved to any other lot or to any other portion of the lot in which it is presently located unless, as a result of the move, the building or structure conforms to the regulations of the zone in which it will be located after the move. (Ord. No. 765 § 2 (Exh. A) (part))

44-1.120.140 Nonconforming Use and Building – Additions, Enlargements, Repairs.

Except where ordered by the building inspector to protect the health and safety of the occupant, there shall be no addition or alteration of any building or structure where the use of land and the structure are both nonconforming. (Ord. No. 765 § 2 (Exh. A) (part))