Crescent City City Zoning Code
CHAPTER 17
50 NONCONFORMING USES
Note: Prior code history: Prior code §§ 30-503, 30-503.1—30-503.6.
§ 17.50.010 Generally.
Nonconforming uses, buildings, structures, signs and lots may be continued subject to the provisions of this chapter.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
§ 17.50.020 Definitions.
"Nonconforming use"
means a lawful use existing on the effective date of a zoning ordinance and continuing since that time in nonconformance to the ordinance.
"Nonconforming buildings or structures"
means a building or structure that does not conform because of its size, type of construction or location on the land or proximity to other buildings.
"Nonconforming use of buildings"
means the building conforms but the use of the building is not permitted.
"Nonconforming use of nonconforming buildings"
means where neither the building nor the use conforms to these regulations.
"Nonconforming use of land"
means where there are generally no buildings or structures involved, and the use of land is nonconforming.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
§ 17.50.030 Nonconforming buildings or structures.
A.
Maintenance. A nonconforming structure or building which was lawful prior to May 1, 1973, although such structure/building does not now conform to the provisions of this chapter, may only be maintained in its original condition, except as otherwise provided herein.
B.
Enlargement or Alteration. No nonconforming building may be enlarged or altered in any way which increases its nonconformity.
C.
Repairs. Repairs of an ordinary nature may be made in any period of twelve consecutive months including repair or replacement of non-bearing walls, fixtures, wiring and plumbing to an extent not to exceed fifty percent of the market value of the building as determined by the county assessor on the last equalized assessment roll. Work which is required to strengthen or to restore the building to a safe condition, as determined and ordered by the building inspector or other city or state officer by reason of statute or ordinance, shall not be included within the fifty percent limitation.
D.
Damage or Destruction. If a nonconforming structure is destroyed by any means to an extent of more than fifty percent of its market value, as determined on the last equalized assessment roll at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Where a legally non-conforming two-family or multiple dwelling use is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, it may be considered for restoration, reconstruction or rebuilding subject to the following criteria:
1.
The dwelling may be reconstructed, restored or rebuilt up to its predamaged size and number of dwelling units, and its nonconforming use, if any, may be resumed.
2.
The project shall be subject to issuance of a building permit within two years of the date of destruction and shall comply with those California Building Standards and any other local building standards authorized under the Health and Safety Code in effect at the time of restoration.
3.
The project shall be in compliance with the State Historical Building Code for work on qualified historical buildings or structures.
4.
The project shall otherwise be constructed in compliance with city zoning ordinances so long as the predamage size and number of units is maintained. Reconstruction of such units in an area zoned as industrial shall be prohibited.
E.
Signs. Identification signs and associated sign structures for buildings may remain unless the building is abandoned for more than six months, in which case any and all signs shall be removed. Nonconforming off-site signs or sign structures may be continued for a period of ten years from January 1, 1983, at which time such off-site sign structures shall be removed.
F.
Relocation. If a nonconforming building is moved any distance, for any reason whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located.
(Ord. 695 § 2, 2003)
§ 17.50.040 Nonconforming uses of buildings.
A.
Maintenance. A nonconforming use of a building which was lawful prior to May 1, 1973, although such use does not now conform to the provisions of this chapter, may only be maintained in its original condition, except as otherwise provided herein.
B.
Expansion. A nonconforming use of buildings shall not be expanded in any manner which would increase its nonconformity.
C.
Signs. Identification signs may be permitted on structures or buildings housing a nonconforming use; provided such signs are mounted on the wall of the building parallel to the front or side property line, and shall not project more than twelve inches from the wall of the building; and provided further, that the total sign areas shall not exceed one square foot for each linear foot of building facing a public road or street.
D.
Discontinuance. No nonconforming use of a building shall continue if the use has been discontinued for twelve consecutive months or for eighteen months during any consecutive thirty-six months. When such discontinuance has occurred, the premises or structure shall only be used for the purposes allowed in the zoning district in which it is located.
E.
Damage or Destruction. Where a structure containing a nonconforming use is destroyed by any means to an extent of more than fifty percent of its market value, as determined by the county assessor on the last equalized assessment roll, it shall not resume its nonconforming use but may be restored and used in conformity with the provisions of this title. Where a legally non-conforming two-family or multiple dwelling use is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, it may be considered for restoration, reconstruction or rebuilding subject to the following criteria:
1.
The dwelling may be reconstructed, restored or rebuilt up to its predamaged size and number of dwelling units, and its nonconforming use, if any, may be resumed.
2.
The project shall be subject to issuance of a building permit within two years of the date of destruction and shall comply with those California Building Standards and any other local building standards authorized under the Health and Safety Code in effect at the time of restoration.
3.
The project shall be in compliance with the State Historical Building Code for work on qualified historical buildings or structures.
4.
The project shall otherwise be constructed in compliance with city zoning ordinances so long as the predamage size and number of units is maintained.
F.
Reconstruction of such units in an area zoned as industrial shall be prohibited.
(Ord. 695 § 2, 2003)
§ 17.50.050 Nonconforming use of nonconforming buildings.
A.
Maintenance. A nonconforming use of a nonconforming building which was a lawful use prior to May 1, 1973, although such use does not now conform to the provisions of this chapter, may only be maintained in its original condition, except as otherwise provided in this chapter.
B.
Expansion, Enlargement or Alteration. A nonconforming use of a nonconforming building, and the nonconforming building, shall not be enlarged, expanded or altered in any manner which would increase or cause to continue its nonconformity.
C.
Repairs. A nonconforming building containing a nonconforming use may be repaired in a manner which complies with the applicable construction and public safety regulations or codes. Repairs made in any twelve-month period which cost in excess of fifty percent of the market value of the building shall be classified as an alteration and conform to the requirements hereinabove.
D.
Damage or Destruction. Same as Section 17.50.030(D).
E.
Signs. Same as Section 17.50.030(E).
F.
Relocation. Same as Section 17.50.030(F).
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
§ 17.50.060 Nonconforming use of land.
The lawful use of land existing on May 1, 1973, although such use does not conform to the provisions of this chapter, may be continued. A conforming use of land which becomes nonconforming due to reclassification, change of ordinance, or annexation, may be continued for a period of twenty years from the date the use becomes nonconforming, except that a legally established non-conforming two-family and multiple dwelling use may be continued for a period of thirty years unless located within an area of industrial zoning. No nonconforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied when it became nonconforming.
(Ord. 695 § 2, 2003)
§ 17.50.070 Nonconforming lots.
A.
A nonconforming lot shall not be reduced in area or width.
B.
Any conforming use or conforming structure on a nonconforming lot may be enlarged, extended, reconstructed or moved so long as other requirements of this title are met.
C.
A nonconforming lot to be used for residential purposes shall be subject to the density requirements of such zoning district in which it is located, except that a single-family dwelling and customary accessory buildings may be erected on a nonconforming lot located in any district in which a single-family dwelling is permitted.
D.
If two or more lots or combination of lots or portion of lots with continuous frontage in single ownership do not meet the requirements established for lot width or area, the land involved shall be considered to be a single building site for purposes of this section, and no portion of the building site shall be used or sold in a manner which diminishes the degree of compliance with lot width and area requirements, nor shall any division of any building site be made which creates a lot width or area below the requirement stated in this title.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
§ 17.50.080 Nonconforming use of buildings and open land as integrated use.
Notwithstanding any provisions of this chapter to the contrary, where a nonconforming use is composed of an integrated use of land and buildings operated as a single unit, enlargement or expansion of the existing buildings may be made, or a more intensive use of the land and building may be made to the extent permitted by the planning commission, following the required public hearings, notice of which shall be given as required for proposed rezonings of property. Such uses shall be considered as a single unit when the main structure or structures contain not less than one thousand square feet, and the use of open land abutting the structures is clearly evident as being an integral part of the operations. Expansion, enlargement or intensifications of use shall be confined to the property of the original nonconforming use, and the commission may impose such conditions or limitations as it may determine necessary to observe the spirit of this chapter and to protect the public safety and welfare.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988)
§ 17.50.090 Removal of nonconforming building or nonconforming use of nonconforming buildings.
Notwithstanding the provisions of Sections 17.50.030, 17.50.040, 17.50.050 and 17.50.060, upon a written complaint filed with the director of public works by an aggrieved person alleging that a nonconforming use of land or structures has become a public nuisance through decline in appearance, or through emissions of noise, smoke or vibration, or through the conduct of its operations has become a persistent police or fire problem, the planning director may refer the matter to the planning commission and the planning commission may, after the required public hearing, order the removal of the nonconforming use. The planning commission may initiate such proceedings upon its own motion for any of the above-described causes. The procedure for notice, hearing and appeal shall be as set forth in Section 17.56.020.
(Ord. 581, 1982; Ord. 621B Exh. A, 1988; Ord. 631 Exh. A, 1989)
