Lathrop City Zoning Code
CHAPTER 17
116 NONCONFORMING USES AND STRUCTURES
§ 17.116.010 Purposes and application.
A.
A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter, but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by limiting their enlargement and prohibiting their reestablishment after abandonment, and by prohibiting the alteration of the structures they occupy and their restoration after destruction.
B.
A nonconforming structure is a structure which was lawfully erected prior to the adoption of this chapter, but which does not conform with the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of nonconforming structures, this section is intended to limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this chapter and Chapter 17.16, and by prohibiting their restoration after destruction, within a reasonable period of time.
Priorities for enforcement under this chapter shall be as follows, in descending order of importance:
1.
Uses and structures listed under Section 17.116.070;
2.
Nonconforming uses.
(Ord. 92-73; Ord. 95-117; Ord. 96-136)
§ 17.116.020 Continuation and maintenance.
A.
A use lawfully occupying a structure or a site on the effective date of this chapter, or of amendments thereto, which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.
B.
A structure lawfully occupying a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, which does not conform with the standards of coverage, front yard, side yards, rear yard or distances between structures prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this section.
C.
A sign or outdoor advertising display of any character lawfully occupying a site on the effective date of this chapter, or amendments thereto, which does not conform with the standards for subject matter, location, size, lighting or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure, and may be displayed and maintained except as otherwise provided in this section.
D.
Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a nonconforming signor outdoor advertising structure.
(Prior code § 184.08(B))
§ 17.116.030 Alterations and additions to nonconforming uses and signs.
Except as otherwise set forth in this chapter, no nonconforming use, or nonconforming sign shall be moved, altered, expanded, or enlarged unless required by law or will result in the elimination of the nonconforming use or sign. No structure occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
(Prior code § 184.08(C); Ord. 26-479, 3/9/2026)
§ 17.116.040 Alterations and additions to nonconforming structures or site.
No nonconforming structure or site shall be altered, expanded, enlarged, or reconstructed so as to increase the discrepancy between existing conditions and the current standard of coverage, front yards, side yards, rear yards, height of structure, setbacks, and applicable development standards prescribed in the regulations for the district in which the structure or site is located, or substantially modify the site as determined by the Community Development Director, except as may be permitted through the granting of a conditional use permit under the provisions of Chapter 17.112. With the exception of single-family dwellings, the modest expansion of a nonconforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed 25% of the existing floor area of the structure. Single-family dwellings may be expanded subject to the following limitations:
A.
Expansion of single-family dwellings up to 50% of the existing floor area of the structure shall be permitted subject to approval of any administrative approval application;
B.
Expansion of single-family dwellings in excess of 50% of the existing floor area of the structure shall be permitted subject to approval of a conditional use permit;
C.
In no case shall an expansion be approved that results in a single-family dwelling of more than 2,000 square feet of living area.
(Prior code § 184.08(D); Ord. 21-418 § 18; Ord. 26-479, 3/9/2026)
§ 17.116.050 Abandonment of a nonconforming use.
Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.
(Prior code § 184.08(E))
§ 17.116.053 Abandonment of a nonconforming structure or site.
Whenever a nonconforming structure and/or site has been abandoned or discontinued for a continuous period of six months, the nonconforming structure and/or site shall not be reestablished until the structure and/or site conform to the regulations and site improvements for the district in which it is located.
(Ord. 18-384 § 1)
§ 17.116.060 Restoration of a damaged structure.
A.
Whenever a nonconforming use, or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than 60%, the structure may be restored, the nonconforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official, and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.
B.
Whenever a nonconforming use or a nonconforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of 60% or more, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.
C.
Notwithstanding subsections A and B above, whenever a single-family dwelling which is a non-conforming use shall be destroyed by fire or other calamity, the record owner of the structure may apply for a building permit for the restoration under the following circumstances:
1.
The restoration shall be started within six months of the destruction of the dwelling and diligently pursued to completion.
2.
The restored single-family dwelling shall not exceed the size of the destroyed dwelling.
3.
An administrative approval application must be obtained prior to restoration.
4.
Except as provided above, the single-family dwelling shall meet all property development standards in Section 17.32.050.
5.
The requirement for new development to utilize the public sewer system shall not apply when existing, adequate, and functioning on-site sewage systems are available to dwellings not able to be served by the public system. Such on-site systems may be rebuilt in the event of calamity or destruction as described in this chapter.
(Prior code § 184.08(F))
§ 17.116.070 Elimination of illegal nonconforming uses and structures.
A.
The following nonconforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five years after the effective date of this chapter:
1.
A nonconforming use which does not occupy a structure.
2.
A nonconforming use occupying a structure having an assessed valuation of less than $200.
3.
Abandoned or dilapidated signs in accordance with the provisions of Section 17.84.080.
B.
A nonconforming home occupation shall be discontinued within one year of the adoption of this chapter.
C.
Uses permitted only within an R or RM zone district which are located in a C or I zone district, and uses permitted only within a C or I zone district which are located within an R or RM zone district shall be completely removed or altered and converted to a conforming status upon abandonment of the previous use for six months or more. When a nonconforming use is removed, every future use shall be in conformity with the provisions of this chapter. Repairs necessary to maintain a nonconforming use and other maintenance (excluding signs), not exceeding an assessed valuation of $2,500, shall not be construed as lengthening the useful life of the nonconforming use.
D.
Fences, walls and hedges which do not conform to the provisions of this chapter and Chapter 17.16 governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification by the community development department, be removed or made to conform.
(Prior code § 184.08(G); Ord. 23-449, 11/13/2023)
§ 17.116.080 Time when a use, structure or sign becomes nonconforming.
Whenever a use or structure becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of Section 17.116.090 in respect thereto.
(Prior code § 184.08(H))
§ 17.116.090 Nonconforming signs.
A.
All on-site signs (not subject to the Outdoor Advertising Act) which are nonconforming as their use, placement or size shall be removed or altered to become conforming to this code within five years after the effective date of this amendment, except as provided in subsection B below.
B.
Regulations pertaining to nonconforming off-site outdoor advertising signs shall be set forth by the Outdoor Advertising Act as codified in the State Business and Professions Code, commencing with Sections 5200 et seq., as may be amended from time to time.
(Prior code § 184.08(I))
§ 17.116.100 Effect of eminent domain.
If any land, right-of-way or easement be taken by eminent domain, or be granted to the condemn or under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:
A.
If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of Section 17.08.030, and any existing building or structure thereon shall be deemed to be nonconforming.
B.
If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.
C.
If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 17.76 shall not be construed to require the replacement of the required parking space.
(Prior code § 184.08(J))
§ 17.116.110 Change of nonconforming use.
Except as otherwise set forth in this chapter, the nonconforming use of a structure or site may be changed to another nonconforming use, provided the change of use is approved by the planning commission through the granting of a conditional use permit under the provisions of Chapter 17.112 and in accordance with the following procedure:
A.
An application for a change of use shall be made to the commission on a form prescribed by the commission, which form shall include the following data:
1.
The name and address of the applicant;
2.
A statement that the applicant is the owner of the property or is the authorized agent of the owner;
3.
The address or description of the property;
4.
A statement of the precise nature of the existing or pre-existing nonconforming use, the proposed nonconforming use, and any other data pertinent to the findings prerequisite to the granting of the application as set forth in subsection E below.
B.
The application shall be filed with the planning department. Notice shall be given to the applicant of the time when the application will be considered by the commission, and notice may be given of the time to any other interested party.
C.
The commission shall hold a public hearing on an application for a change of use. Notice of the hearing shall be given not less than 10 days, nor more than 30 days prior to the date of the hearing in the manner set forth in Chapter 17.112.
D.
The Community Development Director shall make an investigation of the application and shall prepare a written report thereon, which report shall be submitted to the commission. The commission shall consider the report of the director before taking action on the application.
E.
The commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:
1.
That the proposed use is classified in a more restricted category than the existing or pre-existing use by the district regulations of this chapter. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted; provided, however, a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district;
2.
That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or pre-existing use;
3.
That the proposed use will not create more vehicular or rail traffic than the volumes created by the existing or pre-existing use;
4.
That the proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount created by the existing or pre-existing use;
5.
That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
F.
The planning commission may grant an application for a change of use for a limited time period, or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.
G.
An action of the commission granting an application for a change of use shall become null and void six months following the date of the action unless, prior to the expiration of six months, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. The action of the commission may be made effective for an additional six months if, within six months of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.
H.
An action of the commission granting an application for a change of use subject to conditions shall be revoked by the commission for lack of compliance with any of the conditions.
I.
Following the date of denial of an application for a change of use or the revocation of an action of the commission granting an application, no application for the same or substantially the same structure, or on the same or substantially the same site shall be filed within six months of the denial of the application or the revocation of the action of the commission.
(Prior code § 184.08(K); Ord. 26-479, 3/9/2026)
§ 17.116.120 Use of nonconforming sites.
Except as otherwise provided in this chapter, a site having an area, frontage, width or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of this chapter, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was recorded may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district.
(Prior code § 184.08(L))
