Wasco City Zoning Code
Division 6
Nonconforming Uses, Structures and Lots
A. A nonconforming structure shall not be enlarged in area, space, or volume that will result in an increase in the degree of nonconformity.
B. Any nonconforming permanent structure may be reconstructed, repaired or rebuilt when involuntarily damaged by fire, earthquake, explosion or act of God; provided, that:
17.60.010 Purpose and application.
Within the zoning districts established by this title, or as subsequently amended, there exist structures, uses, lots, and signs which were lawful before the ordinance codified in this chapter was passed or amended but which would be prohibited or restricted under the conditions of this title or future amendments. The city council of Wasco declares that nonconforming structures, uses, lots, and signs are incompatible with permitted uses in the zoning districts involved and such nonconforming uses, lots, and signs shall not be enlarged, expanded, or extended. Such nonconforming structures, uses, and signs shall not be used as grounds for adding other structures or uses prohibited by this title. (Ord. 706 § 3 (Exh. A), 2019).
17.60.020 Nonconforming structures.
A. A nonconforming structure shall not be enlarged in area, space, or volume that will result in an increase in the degree of nonconformity.
B. Any nonconforming permanent structure may be reconstructed, repaired or rebuilt when involuntarily damaged by fire, earthquake, explosion or act of God; provided, that:
1. The reconstruction cannot exceed one hundred percent of the total area or number of units that existed prior to the damage.
2. All such reconstruction shall be commenced within one year from the date of the damage, except as provided for in subsection (B)(3) of this section.
3. Nonconforming multifamily structures may be reconstructed pursuant to the provisions and limitations of Government Code Section 65852.25, and shall have up to two years after the date of damage to commence reconstruction.
C. For the purposes of this section nonconforming structures include signs which were lawfully erected but do not conform to the sign regulations of this code. In addition, for the purposes of this section multifamily structures are defined as any residential structure that is divided into two or more independent living quarters. (Ord. 706 § 3 (Exh. A), 2019).
17.60.030 Nonconforming uses of structures.
A. Any nonconforming use may be maintained and continued, provided there is no increase or enlargement of the area, space, volume occupied, use or trips generated by the facility to such nonconforming use, except as otherwise provided in this chapter.
B. Any part of a permanent building, structure, or land occupied by a nonconforming use that is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
C. Any part of a building, structure, or land occupied by a nonconforming use that has been abandoned for a period of one year or more shall not again be used or occupied for a nonconforming use.
D. If no structural alterations are made, a nonconforming use of a building may be changed to a similar or less intense nonconforming use. (Ord. 706 § 3 (Exh. A), 2019).
17.60.040 Nonconforming uses of land.
A. A nonconforming use of land shall not be expanded or extended in any way.
B. A nonconforming use of land shall not be changed to or replaced by any other use except a use that complies with the regulations of the zoning district in which the subject property lies.
C. Any nonconforming use of land that has been abandoned for a period of one year or more shall not be reestablished.
D. The exploration for or development or production of oil, gas, or other hydrocarbon substances shall not be considered nonconforming uses of land.
E. The use of land for agricultural purposes shall not be considered a nonconforming use of land if the use meets all the following conditions:
1. An individual parcel or combination of contiguous parcels must be at least twenty gross acres in size.
2. A buffer of at least one hundred fifty feet shall be provided between existing urban development, as measured from the property line, and the proposed agricultural use.
3. Any agricultural operation shall be required to adhere to all federal, state and local laws and regulations. Failure to adhere to these regulations will result in the agricultural operation being declared a nuisance pursuant to the Wasco Municipal Code.
4. Once a site has been developed with uses other than agricultural uses, the site may not be returned to agricultural uses. For the purposes of this section, “development” shall not include approval of any ministerial or discretionary permit or entitlement. (Ord. 706 § 3 (Exh. A), 2019).
17.60.050 Nonconforming lots.
Any lot which was legally created and recorded pursuant to the requirements of the Subdivision Map Act and city of Wasco Subdivision Ordinance prior to the effective date of the ordinance codified in this division may be used in conformance with the uses permitted by the zoning district in which it is located; provided, that all other zoning ordinance and general plan requirements are met. (Ord. 706 § 3 (Exh. A), 2019).
17.60.060 Continuation and maintenance of nonconformity.
A. Continuation. Except as otherwise provided in this division, any use, structure, or lot legally in place on the effective date of any ordinance creating the nonconformity may be continued as a legal nonconforming use, structure, or lot respectively.
B. Maintenance. Routine maintenance and repair of uses, structures, or lots which do not increase or alter the nonconformity may be performed. (Ord. 706 § 3 (Exh. A), 2019).
17.60.070 Determination of nonconforming status.
Where there is doubt regarding the legal nonconforming status of structures, uses of structures, uses of land, parcel size, or signs, the property owner has the burden to prove the claim of legal nonconformity. The property owner shall submit documentation to the satisfaction of the planning director to establish legal nonconforming status. (Ord. 706 § 3 (Exh. A), 2019).