72 - NONCONFORMING USES AND STRUCTURES
Sections:
To regulate, reduce, or eliminate conflicts arising from the presence of any zoning district of land, uses or structures which do not correctly conform to the requirements of this chapter.
(Ord. 85-23 §3 (part)).
Any use, building, or structure, existing at the time of the enactment of this chapter, which does not conform with the provisions of this chapter for the zone in which it is located shall be deemed to be a nonconforming use and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building, or structure established in violation of the zoning ordinance previously in effect in Willits, unless such use, building or structure now conforms with this chapter.
(Ord. 85-23 §3 (part)).
Any use legally existing on the effective date of the ordinance codified in this chapter which is listed as a conditional use in the zone where located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.
(Ord. 85-23 §3 (part)).
A.
Ordinary nonstructural repairs, alterations or maintenance may be made to a nonconforming structure as required to keep it in sound condition; provided, that such maintenance and repair does not exceed fifty percent of the market value in any five year period.
B.
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 the building official.
(Ord. 85-23 §3 (part)).
Any interruption of a nonconforming use, or the use of a nonconforming building which continues for twelve months or more shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.
(Ord. 85-23 §3 (part)).
A.
Uses. A nonconforming use shall not be moved, enlarged, or extended within the structure it occupies, nor shall it be enlarged or increased to occupy a greater area of land than that occupied by such use at the time the ordinance codified in this chapter was adopted unless a conditional use permit application has been approved by the planning commission.
B.
Structures. A nonconforming structure may be structurally altered, enlarged, or extended only when such improvement will not exceed twenty-five percent of the building's market value and upon approval of a site plan review permit. Structural alterations or additions of more than twenty-five percent of the building's market value will require the processing and approval of a conditional use permit application by the planning commission.
(Ord. 85-23 §3 (part)).
A.
When authorized by the commission, in accordance with the provisions of this chapter, a nonconforming use which is determined by the commission to be of the same or a more desirable nature may be substituted for another nonconforming use and upon approval of a conditional use permit application by the planning commission.
B.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 90-6 §2: Ord. 85-23 §3 (part)).
Whenever a structure, the use of which does not conform with the regulations for the zone in which it is located or a structure which does not comply with the standards of yard spaces, height of structures, distances between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located shall be destroyed by fire or other calamity or by act of God or by the public enemy, the structure may be restored and the nonconforming use may be resumed provided restoration is started within one year and diligently pursued to completion.
(Ord. No. 17-02, 10-8-17; Ord. 85-23 §3 (part)).
Any lot which was created for the purpose of development and which is zoned for single-family residential may be allowed one single-family dwelling even though such lot does not contain the area, width and frontage required by the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in a multiple-family residential district, which lot was created for the purpose of development, may be developed according to the permitted density even though such lot does not contain the area, width and frontage required for the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in any nonresidential zone, wherein there is a minimum lot size, may be developed for any use permitted in that zone unless otherwise so specified in said zone, even though said lot may not contain the area, width, or frontage as required, providing such lot was not created in violation of any previous or existing zoning ordinance.
(Ord. 85-23 §3 (part)).
The foregoing provisions of this section shall also apply to any nonconforming uses and structures in zones hereafter changed to a more restrictive use or to zones hereafter established on areas not previously covered by the zoning map.
(Ord. 85-23 §3 (part)).
Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of the ordinance codified in this chapter or any amendment thereto.
(Ord. 85-23 §3 (part)).
72 - NONCONFORMING USES AND STRUCTURES
Sections:
To regulate, reduce, or eliminate conflicts arising from the presence of any zoning district of land, uses or structures which do not correctly conform to the requirements of this chapter.
(Ord. 85-23 §3 (part)).
Any use, building, or structure, existing at the time of the enactment of this chapter, which does not conform with the provisions of this chapter for the zone in which it is located shall be deemed to be a nonconforming use and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building, or structure established in violation of the zoning ordinance previously in effect in Willits, unless such use, building or structure now conforms with this chapter.
(Ord. 85-23 §3 (part)).
Any use legally existing on the effective date of the ordinance codified in this chapter which is listed as a conditional use in the zone where located, shall be and remain a nonconforming use until a conditional use permit is obtained as provided in this chapter.
(Ord. 85-23 §3 (part)).
A.
Ordinary nonstructural repairs, alterations or maintenance may be made to a nonconforming structure as required to keep it in sound condition; provided, that such maintenance and repair does not exceed fifty percent of the market value in any five year period.
B.
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 the building official.
(Ord. 85-23 §3 (part)).
Any interruption of a nonconforming use, or the use of a nonconforming building which continues for twelve months or more shall be deemed to be an abandonment of such use, and subsequent use of buildings shall be in accordance with the regulations applicable to the subject property.
(Ord. 85-23 §3 (part)).
A.
Uses. A nonconforming use shall not be moved, enlarged, or extended within the structure it occupies, nor shall it be enlarged or increased to occupy a greater area of land than that occupied by such use at the time the ordinance codified in this chapter was adopted unless a conditional use permit application has been approved by the planning commission.
B.
Structures. A nonconforming structure may be structurally altered, enlarged, or extended only when such improvement will not exceed twenty-five percent of the building's market value and upon approval of a site plan review permit. Structural alterations or additions of more than twenty-five percent of the building's market value will require the processing and approval of a conditional use permit application by the planning commission.
(Ord. 85-23 §3 (part)).
A.
When authorized by the commission, in accordance with the provisions of this chapter, a nonconforming use which is determined by the commission to be of the same or a more desirable nature may be substituted for another nonconforming use and upon approval of a conditional use permit application by the planning commission.
B.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 90-6 §2: Ord. 85-23 §3 (part)).
Whenever a structure, the use of which does not conform with the regulations for the zone in which it is located or a structure which does not comply with the standards of yard spaces, height of structures, distances between structures, parking, etc., prescribed in the regulations for the zone in which the structure is located shall be destroyed by fire or other calamity or by act of God or by the public enemy, the structure may be restored and the nonconforming use may be resumed provided restoration is started within one year and diligently pursued to completion.
(Ord. No. 17-02, 10-8-17; Ord. 85-23 §3 (part)).
Any lot which was created for the purpose of development and which is zoned for single-family residential may be allowed one single-family dwelling even though such lot does not contain the area, width and frontage required by the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in a multiple-family residential district, which lot was created for the purpose of development, may be developed according to the permitted density even though such lot does not contain the area, width and frontage required for the zone in which such lot is located, providing such lot was not created in violation of any previous or existing zoning ordinance. Any lot in any nonresidential zone, wherein there is a minimum lot size, may be developed for any use permitted in that zone unless otherwise so specified in said zone, even though said lot may not contain the area, width, or frontage as required, providing such lot was not created in violation of any previous or existing zoning ordinance.
(Ord. 85-23 §3 (part)).
The foregoing provisions of this section shall also apply to any nonconforming uses and structures in zones hereafter changed to a more restrictive use or to zones hereafter established on areas not previously covered by the zoning map.
(Ord. 85-23 §3 (part)).
Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of the ordinance codified in this chapter or any amendment thereto.
(Ord. 85-23 §3 (part)).