Chapter 19.60
NONCONFORMING USES
Sections:
19.60.040 Enlargement, increase or extension of use.
19.60.050 Structural alterations, maintenance and repairs.
19.60.060 Reconstruction, damaged or destroyed building.
19.60.080 Lawful construction prior to effective date.
19.60.090 Applicability to future changes.
19.60.010 Generally.
The lawful use of land or buildings existing on the effective date of areas zoned or rezoned under Title 19 (Zoning) of this code, although such use does not conform to the regulations specified in the district in which such land is located, is a nonconforming use and may be continued as hereinafter provided, except that any such use ceases for a period of two years, the subsequent use of such land shall be in conformity to the regulations specified for the district in which such land is located. When the planning department becomes aware of an abandonment of the nonconforming use it shall notify within thirty days the property owner of such opinion. (Ord. 1084 §2(part), 1986).
19.60.020 Use permits.
Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 19.56 of this code. (Ord. 1084 §2(part), 1986).
19.60.030 Parcels or lots.
Lots or parcels having areas and/or dimensions which do not conform to the regulations of the zone district or general plan classification in which they are, or may hereafter be located, and which existed as recorded legal lots or parcels at the time they became subject to such regulations, or which have received a certificate of compliance from the Amador County board of supervisors, shall be considered as conforming and may be used subject to all other regulations of the zone in which they are located. (Ord. 1084 §2(part), 1986).
19.60.040 Enlargement, increase or extension of use.
Nonconforming uses shall not be enlarged, increased or extended to occupy a greater area than that occupied by such use at the effective date such use became a nonconforming use except that:
A. The property owner of a nonconforming use may request an interpretation of such proposed enlargement, increase or extension pursuant to Chapter 19.64 (Appeals) of this code. It may be found and this code interpreted that the enlargement, increase or extension, if confined within the same building or area, is in conformance with these regulations. The interpretation is solely at the discretion of the county.
B. The enlargement, increase or extension of a nonconforming use building may be allowed, provided such enlargement, increase or extension does not consist of more than ten percent of the total floor area of the building. (Ord. 1084 §2(part), 1986).
19.60.050 Structural alterations, maintenance and repairs.
Ordinary maintenance and repairs may be made to any nonconforming building. Structural alterations may be made, including complete remodeling and renovation of the building. When the complete remodeling or renovation of a building is proposed, the county may, at its discretion, require that the structure meet all yard setback requirements of this code and be removed from any easements of record. (Ord. 1084 §2(part), 1986).
19.60.060 Reconstruction, damaged or destroyed building.
If at any time any nonconforming building is damaged or destroyed by fire, explosion, act of God, or act of the public enemy, such building may be rebuilt; provided, that a building permit is first obtained. The provisions of Sections 19.60.040 and 19.60.050 shall apply to damaged or destroyed buildings. (Ord. 1084 §2(part), 1986).
19.60.070 Change in use.
The nonconforming use of a building may be changed to a use which is found to be similar or more restrictive in nature. (Ord. 1084 §2(part), 1986).
19.60.080 Lawful construction prior to effective date.
Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date the district was established creating the nonconforming use. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord. 1084 §2(part), 1986).
19.60.090 Applicability to future changes.
The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed. (Ord. 1084 §2(part), 1986).