17.04.160.1 Purpose of chapter. Within the districts established by this Zoning Code or amendments thereto, there exist structures, land uses and characteristics of uses which were lawful prior to the adoption of or amendments to this Zoning Code, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this chapter to:

A.

Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;

B.

Provide for the eventual elimination of those uses likely to be most objectionable to their neighbors, and which are deemed to be harmful to the community environment and not in the best public interest; and

C.

Limit the number and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and standards prescribed in this Zoning Ordinance, and by regulating their restoration after major damage.

17.04.160.2 Application of chapter.

A.

Generally. This chapter applies to uses, buildings, structures, landscaping, parking, and lots that were lawfully constructed or established, but do not conform to the requirements of this Zoning Code. It does not apply to lots of record in the NC subdistricts, regardless of their size (such lots are "conforming").

B.

Continuation of existing uses and structures. Section 17.04.170, Continuation of existing uses and structures, applies to legally nonconforming uses and structures, which will remain in existence under the same conditions that were in place when they were constructed or established.

C.

Nonconforming uses. Section 17.04.180, Nonconforming uses, sets out conditions for enlargement and alteration of buildings housing nonconforming uses, as well as for substitutions or alterations of uses that involve the use but not changes to the structure. The section also determines when a nonconforming use is required to cease operation.

D.

Nonconforming structures. Section 17.04.190, Nonconforming structures, sets out conditions for enlarging, repairing, or altering a nonconforming structure, and for replacing a damaged nonconforming structure. The section also determines the point at which parking must be brought up to standards. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

E.

Effect of annexation. Section 17.04.200, Effect of annexation, addresses projects that are in process prior to annexation, and their status after annexation.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.170.1 Existing uses and structures. Except as otherwise specified, any use, building, or structure existing when a zoning ordinance amendment rendered the use or structure nonconforming, may be continued, even though such use, building or structure may not conform with the provisions of this title for the district in which it is located; provided, that:

A.

The use or structure was not established in violation of any zoning regulation previously in effect in the area which constitutes the city, unless such use or structure now conforms with this Zoning Code; and

B.

Such use or structure does not constitute a nuisance.

17.04.170.2 Conditional uses. Any use which was a permitted use until the date this Zoning Code changed the use to a use for which a conditional use permit is required in the applicable district shall be and remain a nonconforming use until a conditional use permit is obtained as provided in Subsection 17.05.260.1, Conditional use approvals.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.180.1 Enlargement and alteration of nonconforming uses. Except for dwellings, no building existing on the date that this Zoning Code rendered the use nonconforming, that is devoted to a use not permitted in the zoning district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in Subsection 17.04.180.2 Substitution or alteration of a nonconforming use.

17.04.180.2 Substitution or alteration of a nonconforming use.

A.

Nonconforming uses shall not be reconstituted or substituted, or substantially altered, unless the use thereof is changed to a use permitted in the district in which such building, structure or land is located, or except upon approval of a conditional use permit by the planning commission pursuant to Subsection 17.05.260.1, Conditional use approval, and to the criteria of this subsection. The proposed alteration of a nonconforming use shall result in a lesser discrepancy between the existing conditions and the zoning requirements for the district based on the following criteria:

1.

The new use serves a need which is directly related or complementary to permitted uses of the property;

2.

The new use results in reduced parking, traffic or congestion problems;

3.

The new use is not to be detrimental to the habitability of adjacent properties throughout the period of its continued use; and

4.

The new use and resulting general appearance will not detract from the neighborhood character or desirability.

B.

The planning director may approve a one-time expansion to a light industrial use that is legally nonconforming due to the fact that the property is not zoned for the existing use. Approvals shall be subject to the following:

1.

The area of expansion shall be consistent with the design review manual;

2.

Existing storage and areas of outdoor operation shall be fully screened; and

3.

The site shall be brought up to standards in terms of complying with Subsection 17.03.150.1, Noise; Subsection 17.03.50.2, Vibration; and Subsection 17.03.150.3, Light and glare.

17.04.180.3 Cessation of use.

A.

If a nonconforming use ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located.

B.

Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

C.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.190.1 Replacement of damaged or destroyed nonconforming structures.

A.

Any nonconforming building or structure that has been damaged by more than sixty percent of its then appraised value for tax purposes, exclusive of the foundations at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction.

B.

If less than sixty percent of the nonconforming building or structure is damaged above the foundation, it may be restored, reconstructed or used as before; provided, that all restoration or reconstruction shall be substantially completed within six months of such damage or destruction.

C.

Increasing the square footage of a nonconforming residential structure does not constitute adding to or enlarging for purposes of this section; provided, that no additional dwelling unit is created and such increase otherwise conforms to applicable development standards. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

17.04.190.2 Repairs, alterations and relocation.

A.

Repairs. Such repairs and maintenance work as required to keep the nonconforming building or structure in sound condition may be made.

B.

Alterations.

1.

In general. Enlargements or alterations may be made to a nonconforming structure only if the enlargements or alterations are consistent with all applicable district standards. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

2.

Single-family and duplex structures. Nonconforming single-family and duplex structures may be altered if the structure was legally built prior to the effective date the zoning ordinance amendment rendered the structure nonconforming.

3.

Accessory structures and garages. Accessory structures, including garages, which were legally built prior to the date a zoning ordinance amendment rendered the structure nonconforming may be altered or expanded, provided the alterations comply with applicable parking requirements. Nonconforming garages or storage buildings may not be expanded to include a habitable space nor converted to a habitable space.

C.

Relocation. A nonconforming structure shall not be moved unless it conforms to the standards of all applicable district standards at its new location.

17.04.190.3 Nonconforming parking.

A.

Single-family and duplex uses.

1.

Single-family or duplex units which do not have the number or type of parking spaces required, but had the number and type of spaces required at the time the use was approved for construction, are not required to provide additional parking spaces unless additional bedrooms are constructed on the property. The resulting number of parking spaces, including both the existing, remaining parking and the additional parking, shall be in compliance with applicable parking requirements. May not be applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

2.

If additional parking is required to an existing unit, the additional parking may be covered or uncovered.

3.

No existing garage may be converted to other uses or existing parking spaces removed unless the property will comply with applicable parking standards. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

B.

Multifamily uses.

1.

Multifamily uses that do not have the number of parking spaces required, but had the number of spaces required at the time the use was approved for construction, are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded.

2.

If units are added or expanded, additional parking shall be added so that the new or expanded units are in compliance with applicable parking standards. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

3.

No existing garage may be converted to other uses or existing parking spaces removed unless the property complies with parking standards of this Code. May not applicable to accessory or junior accessory dwellings (refer to Section 17.01.050.12) or priority residential infill development (refer to Section 17.01.050.16)

(Ord. No. 244-21, § 1, 7-21-2021)

17.04.200.1 Continuation of county permits. Whenever property is annexed to the city and such property has a building, structure, or use of land that was lawfully established or maintained in Colusa County pursuant to a valid permit granted by Colusa County, or any agency or political subdivision thereof, any and all conditions or requirements placed on such permit shall be complied with in order to continue or maintain such building, structure, or use of land in compliance with this Zoning Code. Violation of any such conditions or requirements shall constitute a violation of this Zoning Code and shall be subject to the enforcement provisions as specified in Subsection 17.07.330.3, Enforcement, in addition to any and all other penalties and remedies provided by law.

17.04.200.2 Inhabited annexation. Any property developed with an existing residential use that becomes nonconforming as a result of annexation to the City of Williams shall be deemed to be a legal nonconforming residential use with respect to this Zoning Code. Any such nonconforming residential use may be continued indefinitely, and may be repaired, altered and/or enlarged in conformance with this chapter.

(Ord. No. 244-21, § 1, 7-21-2021)