Siskiyou County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 25
- Nonconforming Buildings, Structures, and Uses2
This article shall apply to buildings, structures, and uses that were legally established and complied with all County regulations at the time established. The expansion, enlargement, maintenance, repair, or replacement of legally established nonconforming buildings, structures, and uses shall comply with this article.
This article shall not apply to buildings, structures, and uses that were legally established, but were subsequently modified in such a manner that the modification failed to comply with County regulations in effect at the time of said modification, nor shall it apply to buildings, structures, and uses that were illegally established and/or that failed to comply with County regulations in effect at the time the building, structure, or use was established. Such nonconforming buildings, structures, and uses are considered illegal and the provisions of this article do not apply to illegally established or illegally modified buildings, structures, and uses.
(Ord. No. 15-03, § I, 4-7-2015)
Editor's note— Ord. No. 15-03, § I, adopted Apr. 7, 2015, amended Art. 25 to read as herein set out. Former Art. 25, §§ 10-6.2501—10-6.2505, pertained to nonconforming land, buildings and uses, and derived from Ord. 623, § IV, effective July 17, 1974; and Ord. 94-07, § I, effective Apr. 14, 1994.
Sec. 10-6.2501.- Nonconforming uses, generally.
(a)
Except as otherwise provided in this article, all uses of land, buildings, or structures may be continued if established in compliance with all applicable regulations in effect at the time the use was established.
(b)
Any person asserting a right to a nonconforming use of land, buildings, or structures has the burden of proof to demonstrate the legal existence of the use prior to the establishment of the applicable zone or regulation for which it is nonconforming.
(c)
Nothing in this article shall eliminate the need of a property owner to comply with other County, State, or Federal regulations or permitting requirements, including but not limited to a well permit, wastewater/sewage disposal system permit, building permit, encroachment permit, air pollution control district permit, flood hazard development permit, and/or business license.
(d)
Nothing in this article shall eliminate the need for a property owner, or limit the ability of the County as lead agency, to comply with the California Environmental Quality Act (CEQA), when applicable.
(e)
As used in this article, nonconforming shall mean a legal use, building, or structure that upon establishment complies with all requirements of the Siskiyou County Code and that as a result of a change in said Code no longer complies with all requirements of the Siskiyou County Code.
(Ord. No. 15-03, § I, 4-7-2015)
Sec. 10-6.2502. - Expansion of nonconforming buildings, structures, and uses.
(a)
Any expansion of a nonconforming commercial, industrial, or multifamily residential building or structure, as well as any expansion of a legally established use of said buildings, structures, and/or land shall be subject to the following:
(1)
When the legally established nonconforming structure, building, or use would be enlarged or expanded by more than twenty (20) percent, a conditional use permit shall first be obtained.
(2)
When the legally established nonconforming structure, building, or use would be enlarged or expanded by twenty (20) percent or less, an administrative permit shall first be obtained.
(3)
Expansion of a nonconforming building or structure includes any increase in the footprint or square footage of the building or structure.
(4)
Expansion of a nonconforming use includes any change that results in a permanent increase in traffic, noise, smoke, odor, dust, or occupancy.
(b)
Any expansion of nonconforming single-family or two-family dwellings, residential accessory buildings and structures, and agriculture-related buildings and structures, as well as the use thereof for residential and/or agricultural uses shall be subject to the following:
(1)
When the legally established nonconforming structure, building, or use would be enlarged or expanded by more than fifty (50) percent, an administrative permit shall first be obtained. The Community Development Director may refer an administrative permit applied for herein directly to the Planning Commission for formal action.
(2)
Enlargements or expansions by fifty (50) percent or less do not require an administrative permit or conditional use permit. Successive expansions are considered cumulative regarding the fifty (50) percent threshold.
(c)
Any nonconforming building or structure may be maintained or repaired, or portions thereof replaced, so long as such maintenance, repairs or replacements do not enlarge the footprint or square footage of the building or structure. This includes the modernization of equipment or structures, or the replacement of such with more efficient equipment or structures, based upon technological advances that do not result in an expansion of use, intensity, or land use impacts.
(d)
Except as otherwise provided by law, nothing in this article shall prevent the restoring to a safe condition any part of a building or structure declared unsafe by the Community Development Director or his/her designee.
(Ord. No. 15-03, § I, 4-7-2015)
Sec. 10-6.2503. - Damaged nonconforming buildings and structures.
(a)
A nonconforming single-family or two-family dwelling, residential accessory building or structure, or agriculture-related building or structure that is damaged or destroyed by fire, flood, explosion, or other act may be restored to its former footprint and/or square footage without the need to conform to all of the zoning regulations for the district in which said building or structure is located; provided, however, that such building or structure is restored to a total floor area not exceeding that which existed prior to the damage or destruction.
(b)
A commercial, industrial, or multifamily building or structure damaged or destroyed by fire, flood, explosion, or other act to such an extent that repairs would be more than fifty (50) percent of the building or structure's fair market value at the time of damage or destruction may be restored only if made to conform to all of the regulations for the district in which said building or structure is located; provided, however, that such building or structure is restored to a total floor area not exceeding that of the former building or structure and provided a use permit has first been secured.
(Ord. No. 15-03, § I, 4-7-2015)
Sec. 10-6.2504. - Current construction.
Nothing contained in this chapter shall be deemed to require any change in plans, construction, or designated use of any building for which a building permit has been properly issued in accordance with the provisions of this Code then effective and upon which actual construction has been started; provided, however, in all cases actual construction shall be diligently carried on to the completion of the building. Failure to complete construction of a building or structure, where a building permit has expired, within five (5) years of the expiration of the building permit shall be considered an abandonment of use.
(Ord. No. 15-03, § I, 4-7-2015)
Sec. 10-6.2505. - Abandonment of use.
(a)
If the actual operation of a nonconforming use is discontinued or abandoned for a continuous period of twelve (12) months, except pursuant to a valid order of a court of law, the nonconforming use shall be presumed to be abandoned and all future uses shall comply with the regulations of the particular district in which the land, building, or structure is located.
(b)
The nonconforming use of land, buildings, and structures shall not be considered abandoned per subsection (a), above, if the property owner is actively attempting to rent, lease, or sell a vacant building, structure, or use, or if the property owner can establish valid proof demonstrating that the use was not discontinued or abandoned for the twelve-month period in question. It is the property owner's responsibility to keep adequate records of said activities.
(Ord. No. 15-03, § I, 4-7-2015)