It is the intent of this Title 17 to permit existing nonconforming uses to continue. It is further the intent of this Title 17 that nonconforming uses shall not be enlarged upon, expanded or extended, with exception to those properties addressed in Ordinance Number 301, city of Homedale, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. 309 Art. XIII, §A, 1997).

A. After determining it is in the public interest to do so, the city council may grant temporary uses for situations that would normally constitute zoning violations. Requests for temporary commercial uses in conjunction with a temporary commercial use facility shall be regulated under Chapter 17.74. The intent of allowing temporary uses under Section 17.52.020 is to alleviate undue economic or personal hardship. Temporary uses will not be allowed to exist permanently unless the applicant follows the provisions of this Title 17 or other ordinances to authorize permanent status.

B.

The city council may issue a zoning certificate upon application, for a lawful temporary use of property as specified in this section. Approval may be made contingent upon such conditions that are reasonable or necessary to secure the public welfare. The city council shall require guarantees to assure removal of the temporary use and of any debris or refuse resulting therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal. Temporary use permits may be issued for any time period not to exceed six (6) months. Temporary use permits may be renewed upon proper application. No temporary use shall be allowed to exist except in accordance with the provisions of this section.

C.

All zoning certificates for temporary uses must be approved by the city council. The city council shall hear all requests for temporary uses at regularly scheduled city council meetings. Applicants for temporary uses shall provide information to the city council as outlined in Chapter 17.48, Section 17.48.020. After the city council has reached a decision on the temporary use application, the applicant or citizens of Homedale will have ten (10) days in which to appeal the city council decision. A zoning certificate will not be issued for the temporary use until the city council has approved the application and the appeal period has expired.

D.

The city council may also issue a zoning certificate for temporary buildings and uses incidental to the construction of a building or a group of buildings on the same or adjacent premises subject to the provision of Chapter 17.36, Section 17.36.030(B).

E.

The city council may issue a zoning certificate for uses which due to seasonal nature of the use, will not be continued beyond certain definable periods, including, but not limited to, the following uses: fireworks sales, Christmas tree sales, and fruit and produce sales.

F.

Upon violation of any of the conditions or terms of the zoning certificates issued pursuant to this section, the zoning administrator may recommend to the city council that such certificate be revoked. Upon such recommendation, the city council shall hold a public hearing on the requested revocation with written notice of the requested revocation, including the alleged violations, being served upon the holder of the zoning certificate at least ten (10) prior to the public hearing. The decision of the city council may be appealed to a court of competent jurisdiction.

(Ord. 309 Art. XIII, §B, 1997).

(Ord. 381, § 2, 5-28-2009)

Nonconforming uses are declared by this Title 17 to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use shall not be extended or enlarged after passage of this Title 17 by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

(Ord. 309 Art. XIII, §C, 1997).

To avoid undue hardship, nothing in this Title 17 shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was law fully begun prior to the effective date of adoption or amendment of this Title 17 and upon which actual building construction has been carried on diligently.

(Ord. 309 Art. XIII, §D, 1997).

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record (see definition of lot of record) at the effective date of adoption or amendment of the original ordinance, notwithstanding limitations imposed by other provision of this Title 17. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership (See Section 17.52.060). This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(Ord. 309 Art. XIII, §E, 1997).

If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the original ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Title 17 and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Title 17, nor shall any division or any parcel be made which creates a lot with a width or area below the requirements stated in this Title 17, except that any two (2) contiguous twenty-five foot (25′) or any fifty foot (50′) width lots shall be considered a conforming use.

(Ord. 309 Art. XIII, §F, 1997).

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of the original ordinance that would not be allowed in the district under the terms of this Title 17, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this Title 17 in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

B.

No nonconforming use shall be extended to occupy any additional land area;

C.

If no structural alterations are made, any nonconforming use of a structure or structure and land may, upon the issuance of a special use permit by the commission, be changed to another nonconforming use, provided that the city shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the city may require appropriate conditions and safeguards in accord with other provisions of this Title 17;

D.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

E.

When a nonconforming use of a structure, or a structure and land in combination, is discontinued or abandoned for more than two (2) years, (except when government action impedes access to the premises), the structure, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located;

F.

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. 309 Art. XIII, §G, 1997).

On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. 309 Art. XIII, §H, 1997).

Any use which is permitted as a special use in a district under the terms of this Title 17 shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.

(Ord. 309 Art. XIII, §I, 1997).