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Yucaipa City Zoning Code

CHAPTER 8

NON-CONFORMING USES

84.0801 General Provisions.

The regulations in this chapter shall apply to all existing non-conforming buildings and uses.

84.0805 Continuation of Non-Conforming Uses.

(a)   Uses existing under valid land use permits issued in conformance with the provisions of the Development Code shall be considered conforming uses, except that this shall not preclude their becoming non-conforming due to reclassification of land use districts under this Code.
(b)   Any legal non-conforming building may be continued and maintained, provided there are no structural alterations, except as provided below in Sections 84.0810(b) and 84.0815.
(c)   Any legal non-conforming use may be continued, provided there is no increase of the space devoted to such use.

84.0810 Termination of Non-Conforming Use.

(a)   Any part of a building or land occupied by a non-conforming use which is changed to or replaced by a use conforming to the provisions of this Code as they apply to the particular district shall thereafter be used or occupied only by a conforming use.
(b)   Any part of a building or land occupied by a non-conforming use, which use is discontinued for 180 days or more shall thereafter be used in conformity with the provisions of this Section. The provisions of this section shall not prevent the reconstruction, repairing, or rebuilding and continued use of any non-conforming buildings or buildings damaged by any natural or man-made catastrophe subsequent to the effective date of this Code, wherein the cost of such reconstruction, repairing, or rebuilding does not exceed 100% of the reasonable value of such building or buildings constituting a single enterprise at the time such damage occurred.

84.0815 Removal or Alteration of Non-Conforming Uses.

(a)   Every legal non-conforming use which was designated or intended for a use not presently permitted in the district where it is located shall be completely removed or altered to conform to the requirements for the uses permitted in such district within a time fixed by the Planning Agency. Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of any building as determined by the Planning Agency. Such determination of the normal life of a non-conforming building and the fixing of time for its removal or alteration may only be made after notice to the owner.
(b)   An order for removal or alteration shall require such action on a date no less than five years from the time such an order is made. It shall be the duty of the Planning Agency to give the owner of the affected use or building written notice thereof immediately upon the order becoming final and again not less than 60 or more than 180 days prior to the date such removal or alteration is required to be completed. If the Planning Agency fails to give this second notice within the above time period, the owner shall be given 60 days from the notice’s actual postmark date.
(c)   A residential structure which complied with any applicable development standards at the time of its construction and which is utilized for residential purposes in a Land Use District which allows such residential uses is not subject to provisions of this chapter, even though it does not comply with the residential design standards established by the Land Use Districts or the Alternate Housing Standards Overlay District.

84.0820 Non-Conforming Commercial Chicken Ranch.

(a)   Any commercial chicken ranch legally existing at the time of a district change to a residential district may thereafter continue in operation and expand the flock to the full limit and extent of chicken houses, cages, brooders, and similar appurtenant structures existing on the premises at that time, provided that a Certificate of Land Use Compliance is recorded, including an existing use site plan prior to the effective date of the district change.
(b)   In the event such a commercial chicken ranch desires the addition of chicken houses, cages, brooders, or similar structures beyond those existing as enumerated above, an approved Conditional Use Permit is required, including findings for alteration of a nonconforming use.

84.0825 Other Non-Conforming Uses.

(a)   The legal non-conforming use of land where no structure is existing at the time the Development Code became effective, may continue for a period of not more than 10 years here from, provided the following conditions apply.
(1)   The non-conforming use of land will not in any way be expanded or extended, either on the same or on adjoining property.
(2)   The non-conforming use of land existed at the time the Development Code became effective. If thereafter discontinued or changed, it may not be reestablished; any future use of such land shall be in conformity with the provisions of the Development Code.
(b)   Any legal non-conforming commercial primary or accessory signs existing at the time this Code became effective may be continued, although such use does not conform with the provisions thereof, provided, however, that all such non-conforming signs and their supporting members shall be completely removed by their owners not later than five years from the effective date of this Code.
(c)   The foregoing provisions shall also apply to all buildings and land uses which hereafter become non-conforming due to any reclassification of districts under this Code.

84.0830 Alteration of Non-Conforming Uses.

(a)   A legal non-conforming use may only be altered after review and approval of a Conditional Use Permit with the additional findings required for such non-conforming use alterations.
(b)   Any alteration required by governmental or court action shall be exempt from these conditions.
(c)   Restrictions and conditions affecting a non-conforming use shall apply to the existing use, land, and structures and shall not be affected by ownership changes.
(d)   Notwithstanding the provisions regarding Conditional Use Permit or variance, the Building Official may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential Land Use District, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than three feet to any property line.
(e)   The requirement for a Conditional Use Permit shall not apply to non-conforming residential uses, where such uses are being expanded or modified by no more than 25% of the floor space or ground area existing at the time such use became a non-conforming use.
(f)   The requirement for a Conditional Use Permit shall not apply to any non-conforming use or structure which is being expanded, altered, or modified to more closely approximate or exceed the standards of this Code with which it does not currently conform.