A.

Intent. Within the districts established by this title or amendments that may later be adopted, there exists structures, buildings, mobilehomes and uses that were lawful when established, but which do not conform to subsequently established or amended districts. Such structures and uses are declared to be incompatible with the permitted uses in the districts and are, therefore, nonconforming. The intent of this chapter is to control and improve such nonconforming uses as long as they exist, until they are brought into conformity, or are removed or terminated. For the purpose of this chapter, any reference to a structure also includes any building; any reference to building permits includes mobile home installation permits.

B.

Use Permit Required. Any structure or use for which a use permit is required by the terms of this title shall be considered nonconforming and shall not be enlarged, altered or extended to occupy a greater land or building area unless and until a use permit is obtained in accordance with Section 17.92.020.

(Prior code § 5.06.050 (A))

The following provisions apply to nonconforming buildings and structures in the county:

A.

Health and Safety. Nothing in this chapter shall be construed to prohibit any additions or alterations to a nonconforming structure as may be reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, safety, welfare or morals.

B.

Previously Approved Building Permits. Nothing contained in this chapter shall be deemed to require any change in plans, construction or designed use of any structure for which a building permit has been issued and upon which actual construction or preparation for placement was lawfully begun prior to the effective date of the ordinance or amended ordinance which makes the structure nonconforming. Actual construction is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved.

C.

Maintenance and Repairs. Ordinary maintenance and repairs may be made to any nonconforming structure, provided no structural alterations are made, and provided the work does not exceed twenty-five percent of the appraised value thereof, according to the assessor's records, in any one calendar year period. Other repairs or alterations may be permitted, provided a use permit shall first be obtained in each case.

D.

Enlargements. A nonconforming structure may not be added to or enlarged unless the nonconforming structure, the additions or enlargements thereto, and the use thereof are all made to conform to the regulations of the district in which it is located.

E.

Relocation. A nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, the structure shall conform to the regulations of the district in which it will be located after the move.

F.

Reconstruction. A nonconforming structure which is damaged or partially destroyed by any reason, to the extent of not more than seventy-five percent of the appraised value at that time, may be restored and the occupancy or use of such structure or part thereof, which existed at the time of the partial destruction, may be continued or resumed, provided the total cost of such restoration does not exceed seventy-five percent of the appraised value of the structure at the time of such damage, and that the restoration is started within a period of one year and is diligently carried on to completion. In the event the damage or destruction exceeds seventy-five percent of the appraised value of the nonconforming structure, no repair or reconstruction shall be made unless every portion of such structure is made to conform to all of the regulations in the district in which it is located.

G.

Nonconforming Historic Structure. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a nonconforming historic structure may be made when authorized by the director of resource management (or designee) and building official (or designee), provided:

1.

The structure has been designated by official action of the board of supervisors, state of California or United States Government as having special historical or architectural significance;

2.

Any unsafe conditions are corrected;

3.

The use(s) therein shall be in conformance with all applicable provisions of this chapter.

(Prior code § 5.06.050 (B))

The following provisions apply to nonconforming use of buildings and structures in the county:

A.

Change to a Conforming Use. The use of a nonconforming structure may be changed to any other use which is permitted in the district in which the structure is located, except as provided in this chapter.

B.

Change to Same or More Restrictive Nonconforming Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, provided a use permit is issued.

C.

Expansion of a Nonconforming Use. The nonconforming use of a portion of a structure may not be expanded to other portions of the structure.

D.

Abandonment. Any nonconforming structure for which a use is discontinued for a continuous period of more than six months shall not thereafter be occupied unless the nonconforming structure is brought into conformance with the district in which it is located and the new use conforms to the regulations for the district in which the structure is located.

(Prior code § 5.06.050 (C))

The following provisions apply to nonconforming use of land in the county:

A.

Continuation. A nonconforming use of land may be continued, provided:

1.

The use shall not be expanded or extended in any way on the same or adjoining land;

2.

The use shall not be changed, except to a use which conforms to the regulations of the district in which said land is located;

3.

If the use is discontinued for a period of six months or more, it shall not be reestablished thereafter. Any new use shall be in conformity with the regulations of the district in which it is located.

B.

Junk Yards and Wrecking Yards. In R-1, R-2, R-3, R-R, R-L, C-1, C-2 and C-M districts, nonconforming junk yards or wrecking yards shall be discontinued within one year after the effective date of the ordinance codified in this chapter or within one year from the date on which such use became nonconforming, whichever is later. Nonconforming junk yards or wrecking yards in all other districts shall be discontinued within two years after said effective date or within two years from the date on which the use became nonconforming, whichever is later. In any case, in lieu of discontinuance, nonconforming junk yards or wrecking yards existing on the effective date of this provision may be converted to screened junk yards or wrecking yards, even though the use is not otherwise permitted in that district, and may continue as a nonconforming use, subject to the rules applicable to nonconforming uses. Extensions of time, within which a nonconforming junk yard or wrecking yard may be terminated or converted, for a period commensurate with the investment involved, as shown by the owner, may be granted by the board of administrative review. Applications for extensions of time shall be applied for and processed in the same manner as use permits.

(Prior code § 5.06.050 (E))

Where off-street parking or loading facilities do not conform to the provisions of this title, or where no such facilities have been provided for structures constructed prior to the effective date of this title, the structure shall not be altered or enlarged to create additional dwelling units, seating capacity, floor area or guest rooms, nor may additional facilities be provided within the building, until after the requirements for off-street parking and loading space have been complied with. These provisions shall not apply to members of a duly formed parking district.

(Prior code § 5.06.050 (F))

Alternative regulations addressing replacement, repair and reconstruction of non-conforming structures and uses when the board of supervisors declares a local emergency due to a natural or human-caused disaster where homes and property are destroyed and people displaced, are provided in Section 2.72.100 of the Shasta County Code.

(Ord. No. 2015-02, § 4, 11-17-2015)