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San Benito City Zoning Code

SECTION 13

NONCONFORMING USES

Except as specified, any uses, building, or structure existing at the time of the enactment of this ordinance may be continued, even though such use, building or structure may not conform with the provisions of this Ordinance for the district in which it is located.

§ 13.01 Nonconforming Uses Continued or Changed.

It is the declared intent of this section that nonconforming uses shall be eventually eliminated and be required to comply with the regulations of this Zoning Ordinance, having due regard for the property rights of the persons affected, the public welfare and the character of the surrounding area.
(Ordinance 2252 adopted 7/1/14)

§ 13.02 Nonconforming Uses and Structures.

A nonconforming status shall exist when:
A. 
A use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located or was in existence and lawfully operating prior to the adoption of the Zoning Ordinance.
B. 
No nonconforming use or structure may be reconstructed, extended or enlarged beyond the lot or tract upon which such nonconforming use is located after the effective date of this ordinance without approval of the Board of Adjustments.
C. 
Repairs and normal maintenance may be made to a nonconforming building provided that no structural alterations or extension shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
D. 
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
E. 
It is the declared purpose of this ordinance that nonconforming uses be eventually discontinued and the use of the premises be required to conform to the regulations prescribed herein having due regard for the investment in such nonconforming uses. The Board of Adjustments and Appeals may grant an exception to this provision only if the owner can show there was a clear intent not to abandon the use even though the use was discontinued for 90 days or more.
F. 
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except to comply with the provisions of this ordinance. In the case of partial destruction of a nonconforming use not exceeding fifty (50) percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the Board of Adjustments, but the size and function of the nonconforming use shall not be expanded.
(Ordinance 2252 adopted 7/1/14)

§ 13.03 Moving of Nonconforming Structure or Building.

No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, or on any lot, unless every portion of such building or structure is made to conform to all regulations of the district.
(Ordinance 2252 adopted 7/1/14)

§ 13.04 Penalty for Violation - Loss of Right to Continue Nonconforming Use.

The violation of any provisions of this ordinance or any ordinance of the City of San Benito with respect to a nonconforming use shall cause the immediate termination of the right to operate such nonconforming use[.]
(Ordinance 2252 adopted 7/1/14)

§ 13.05 Cessation of Nonconforming Use of Building or Land.

A nonconforming use shall be deemed to have ceased when said use or when water, sewer, electricity or gas services have been discontinued for ninety (90) days.
(Ordinance 2252 adopted 7/1/14)