(a)

This chapter is intended to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their re-establishment after abandonment, and the alteration or restoration after destruction of the structures. More specifically, an intent of this chapter is to:

(1)

Limit the number and extent of nonconforming structure by prohibiting their relocation, alteration, or enlargement in a manner that would increase the non-conformity; and

(2)

Prohibit restoration of non-conforming uses and structure after destruction.

(3)

Prohibiting the non-conforming use whenever the non-conforming use ceases for a period of at least twelve calendar months.

(b)

It is also intended to provide direction and guidance for the recognition of legally existing nonconforming uses, lots, and structures. Within the zoning districts established by zoning ordinance, structures, lots, and land uses exist that were lawful prior to the adoption or amendment of the zoning ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this title or future amendments. It is the intent of this chapter to encourage the eventual conversion of these uses, lots, and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

(Ord. No. 868, § 1, 6-7-2022)

(a)

A use lawfully occupying a structure or a site, that does not conform with the present use regulations or the performance standards for the zone in which the use is located shall be deemed to be a non-conforming use and may be continued, except as otherwise provided in this chapter.

(b)

A non-conforming use may be enlarged or extended only within the structure in which the non-conforming use exists, provided no structural alterations, except those required by law are made.

(c)

A non-conforming use which fails to meet state and local laws, ordinances, and regulations applicable to the zone in which it is located shall not be enlarged or extended or have equipment replaced that results in failure to meet then applicable requirements unless the enlargement, extension, or replacement will result in elimination of nonconformity with those applicable requirements.

(d)

Whenever a nonconforming use has been discontinued for a continuous period of twelve or more, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of intent to resume the use unless the planning director is notified in writing of the intent to resume and has approved a schedule for resumption of said use.

(e)

Whenever a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re-established.

(Ord. No. 868, § 1, 6-7-2022)

Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county assessor's office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required.

(Ord. No. 868, § 1, 6-7-2022)

(a)

A structure, lawfully occupying a site, that does not conform with the current property development standards for front yard, side wards, rear yard, height, coverage, or distances between structure, for the zone in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained, except as otherwise provided in this chapter.

(b)

Routine maintenance and repairs may be performed on a structure or site, the use of which is non-conforming, and on a non-conforming structure.

(c)

A structure, the use of which is non-conforming, shall not be moved, altered, enlarged, or extended unless required by law, or unless the moving, alteration, extension, or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter. However, the alteration or expansion of the non-conforming use may be granted through the conditional use permit process as provided in Chapter 16.44 YMC. This provision shall not require a conditional use permit to alter dwelling units to achieve compliance with city, state, and federal regulations intended to create and maintain equitable housing (such as the Americans with Disabilities Act).

(d)

If moved, the structure shall be made to conform to current local, state, and federal codes.

(e)

Whenever a structure which does not comply with the then applicable property development standards for front yard, side yards, rear yard, heigh of structures, or distances between structures prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire, or other calamity, by the act of god, or by the public enemy to the extent of fifty percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty percent or the structure is voluntary razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located, and the nonconforming use shall not be resumed.

(f)

Nonconforming site improvements (not including structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is nonconforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this nonconformity.

(Ord. No. 868, § 1, 6-7-2022)

(a)

Equitable housing exemption. Any existing nonconforming building or structure that is rehabilitated under a housing rehabilitation program for the benefit of low-income persons may be repaired, reconstructed, or structurally altered without being brought into full compliance with the regulations set forth in this code with regard to setbacks, off-street parking, and street improvements so long as the footprint of the existing building is not expanded.

(b)

Agriculture, timber, and mineral production exemption. Nonconforming agriculture, timber production, and mineral resource production uses are exempt from conforming to current zoning regulations, unless the use is abandoned for more than twenty-four consecutive calendar months.

(Ord. No. 868, § 1, 6-7-2022)

Uses of land, lots, or structures that were created in violation of the Yreka Municipal Code, state law, federal law, zoning ordinance, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing. The land use must be brought into conformance with the standards of this code, not the code in effect at the time the use was illegally initiated.

(Ord. No. 868, § 1, 6-7-2022)