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Los Banos City Zoning Code

ARTICLE 22

NONCONFORMING LAND, BUILDINGS, USES, AND SIGNS

§ 9-3.2201 Nonconforming uses.

(a) 
Continuance. Except as otherwise provided in this article, uses of land, buildings, or structures existing on or before January 15, 1964, may be continued although the particular use, building, or structure does not conform to the provisions of this chapter for the district in which the particular building or structure is located or use is made; provided, however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building, or structure than is occupied on January 15, 1964.
(b) 
Discontinuance: Subsequent Uses. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the provisions of this chapter for the district in which such land or building is located. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of one year, it shall be conclusively presumed that such use has been abandoned within the meaning of the provisions of this chapter, and all future uses shall comply with the provisions of this chapter for the district in which the land or building is located.
(§ 6.01, Ord. 342, as amended by § 184, Ord. 1095, eff. November 20, 2010)

§ 9-3.2202 Nonconforming land.

If any land upon which no building or structure of any kind is located is used for a purpose which is not in compliance with the provisions of this chapter for the district where such land is located, such use may continue until January 15, 1967. On and after January 15, 1967, such land shall be used only in conformance with the provisions of this chapter for the district in which the land is located. The provisions of this section are in no way intended to extend the time limit involved by other laws of the City.
(§ 6.02, Ord. 342, as amended by § 185, Ord. 1095, eff. November 20, 2010)

§ 9-3.2203 Nonconforming buildings.

No building or structure existing on or before January 15, 1964, which building or structure is nonconforming either in use, design, or arrangement, shall be enlarged, extended, reconstructed, or structurally altered unless such enlargement, extensions, reconstruction, or alteration is in compliance with the provisions of this chapter for the district where such building or structure may be maintained or repaired, or portions thereof replaced, and such maintenance, repairs, or replacements do not exceed 25% of the appraised valuation of such building or structure.
A nonconforming building destroyed to the extent of more than 50% of its reasonable value at the time of its destruction by fire, explosion, or other casualty or act of God may be restored and used only in compliance with the provisions of this chapter for the district wherein such nonconforming building is located.
(§§ 6.03 and 6.04, Ord. 342, as amended by § 1, Ord. 787, eff. November 19, 1988, § 1, Ord. 905, eff. September 20, 1996, and § 186, Ord. 1095, eff. November 20, 2010)

§ 9-3.2204 Exceptions: All districts: Use permits.

Single-family or multiple-family dwelling units in any district, destroyed to less than 50% of their value, may be rebuilt upon securing a use permit, subject to the current Building Code provisions.
(§ 2, Ord. 905, eff. September 20, 1996, as amended by § 1, Ord. 907, eff. October 18, 1996, and § 187, Ord. 1095, eff. November 20, 2010)

§ 9-3.2205 Nonconforming signs.

Every sign or advertising structure in existence on September 3, 1969, which sign or advertising structure violates or does not conform to the provisions of this chapter, shall be removed, altered, or replaced so as to conform with the provisions of this chapter on or before October 3, 1974.
(§ 6.06, Ord. 342, as amended by § 4, Ord. 417, and § 189, Ord. 1095, eff. November 20, 2010)

§ 9-3.2206 Effect of reclassifications.

The provisions of this article shall apply to structures, land, uses, and signs which become nonconforming due to the redistricting of any land as provided in this chapter.
(§ 6.05, Ord. 342, as amended by § 189, Ord. 1095, eff. November 20, 2010)