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Ventura City Zoning Code

CHAPTER 171

ZONING - NONCONFORMING USES

171.01 INTENT.

   Within the districts established by this Zoning Code, there exist lots, structures, uses of land and structures and characteristics of use which were lawful prior to adoption or amendment of this Zoning Code but are prohibited, regulated or restricted under the terms of this Zoning Code or future amendments. It is the intent of this Zoning Code to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon or extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

171.02 NONCONFORMING USES.

   The following requirements shall apply to nonconforming uses and buildings:
   1.   Except as specified in Subsection 7 of this section, the lawful use of a building existing at the time of the adoption of the Zoning Code may be continued, although such use does not conform with the provisions hereof. Such use may be continued provided no structural alterations, except those required by law or ordinance, are made therein.
   2.   If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
   3.   If a nonconforming building is removed, the future use of such premises shall be in conformity with the provisions of this Zoning Code.
   4.   If the nonconforming use of a building is discontinued for a period of six months, the use of the same shall thereafter conform to the provisions of the district in which it is located.
   5.   When a nonconforming use has been changed to a conforming use or to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use.
   6.   If, by amendment to this Zoning Code, any property is hereafter zoned to a more restricted district by a change in district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this Zoning Code relating to the nonconforming use of buildings or land existing at the time of the enactment of the Zoning Code shall apply to buildings or land occupied or used at the time of the passage of such amendment.
   7.   No nonconforming building which has been damaged by fire, explosion, Act of God or the public enemy to the extent of more than 65 percent of its value shall be restored until a permit is secured from the Board of Adjustment, as provided in Section 173.04(4) of this Code of Ordinances.