Division 5. Nonconformities
Chapter 17.60
GENERAL NONCONFORMING PROVISIONS
Sections:
17.60.030 Determination, establishment, and proof of legal nonconforming status.
17.60.040 Continuation, maintenance, and repair.
17.60.050 Termination of nonconformities.
17.60.010 Purpose and intent.
A. Purpose. This division provides standards for the continuance, maintenance, and repair of nonconformities under specific circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming parcels, structures, and uses may continue or be discontinued in compliance with the standards and regulations of this division.
B. Intent. The standards and regulations in this division are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this zoning code or created by the adoption of this zoning code;
2. Limit the extent to which nonconforming parcels, structures, and uses are altered, enlarged, expanded, reestablished, and/or continued; and
3. Ensure that nonconformities do not create any health, life, and/or safety issues. (Ord. 24-01 §2(Exh. A-1)).
17.60.020 Applicability.
A. The standards established in this division apply to all nonconforming parcels, structures, or uses that were lawfully permitted and established before the adoption or amendment of this zoning code, but which would be prohibited, regulated, or restricted under the terms of this zoning code as it is adopted today.
B. This division shall not apply to any parcel, structure, or use established in violation of the adopted zoning code, unless the use or structure presently conforms with the provisions of this zoning code. (Ord. 24-01 §2(Exh. A-1)).
17.60.030 Determination, establishment, and proof of legal nonconforming status.
A. Property Owner’s Responsibility. The property owner has the burden to provide evidence of a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this division. Said evidence may include, but is not limited to, a legally procured land use entitlement from the city, business license, certificate of occupancy, or utility billing records.
B. Director’s Determination. The director shall determine legal nonconformities in compliance with the following:
1. Application and Property Owner Request. The property owner shall submit sufficient evidence to the director justifying that the nonconformity was legally established and, therefore, subject to the protected status specified in this division.
2. Considerations for Approval. The director shall consider the city and county of Fresno records and the evidence provided by the property owner and decide as to the legality of the nonconformity and the available protections provided by this division.
3. Appeals. The director’s determination of legal nonconformity may be appealed by the property owner(s) in compliance with Chapter 17.114 (Appeals). (Ord. 24-01 §2(Exh. A-1)).
17.60.040 Continuation, maintenance, and repair.
A. A legal nonconformity (i.e., parcel, structure, use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume. A legal nonconformity may be maintained; provided, that no structural alterations shall be made to structural supporting members (e.g., bearing wall, column, beam, girder, rafter, joist, etc.), except as required for health and safety as determined by the chief building official.
B. Resumption of a legal nonconforming use; once a nonconforming use converts to a conforming use it shall not resume the nonconforming use.
C. A legal nonconforming use shall not expand operations beyond what was originally considered. (Ord. 24-01 §2(Exh. A-1)).
17.60.050 Termination of nonconformities.
A. Destroyed or Deteriorated Nonconformities. Destroyed or deteriorated nonconformities shall comply with the following:
1. Fifty Percent or Less. Whenever a structure does not conform to the regulations or development standards of the zone in which it is located, and that structure is damaged by fire, an act of God, or public enemy to the extent that fifty percent or less of the floor area is lost, as determined by the building division, then the structure may be restored and the nonconforming use resumed; provided, that the restoration is started within six months and completed within eighteen months from the time the damage is sustained.
2. Fifty-One Percent or More. Whenever fifty-one percent or more of the floor area of a structure is destroyed in a manner described in subsection (A)(1) of this section, the structure shall not be restored or reconstructed except in full compliance with the regulations and development standards for the zone in which it is located. Any nonconforming use located within the structure prior to its destruction shall not be allowed to resume operation in that location. Single-unit dwellings shall be exempt from this provision.
B. Abandoned and Vacated Nonconformities. Abandoned and vacated legal nonconformities, including those which have ceased or been discontinued, shall comply with the following:
1. Nonconforming Use. If a legal nonconforming use ceases or is discontinued for a continuous period of twelve months or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all the applicable provisions of this zoning code.
2. Use of a Nonconforming Structure. If the use of a nonconforming structure ceases or is discontinued for a continuous period of twelve months or more, its legal nonconforming status is lost, and the structure shall be removed or altered to conform to all applicable provisions of this zoning code.
3. Cessation or Discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following occur:
a. A business license is no longer active due to cancellation, nonrenewal, or expiration for a period of twelve months;
b. Utility services have been terminated through cancellation, nonrenewal, or failure to pay for services for a period of twelve months;
c. Abandonment of the use, despite the owner’s or occupant’s intent;
d. Discontinuance of a use regardless of intent to resume the use;
e. A new conforming use is established through the proper entitlements and permits;
f. The intent of the owner to cease or discontinue is apparent, as determined by the director; or
g. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident.
4. Single-Unit Dwellings Exemption. Single-unit dwelling uses shall be exempt from the standards and regulations established in this section. Any addition or expansion to a single-unit dwelling shall be in conformance with current development standards, including height, setbacks, parking, and lot coverage requirements. (Ord. 24-01 §2(Exh. A-1)).