Title 18 ZONING*
Chapter 18.86 NONCONFORMING USES
18.86.010 Existing uses permitted.
18.86.020 Change in use.
18.86.030 Discontinuance of use.
18.86.040 Restoration.
18.86.050 Conditional use status.
18.86.060 Prior permits.
18.86.010 Existing uses permitted.
The existing lawful use of a building, mobile home, structure or premises
at the time of the enactment of this title or any amendment thereto may be
continued, although such use does not conform to the provisions of this title
for the zoning district in which it is located, but such nonconforming use shall
not be altered, changed in use or occupation, increased or otherwise expanded
except by conditional use permit. (Ord. 525 § 1(part), 1989).
18.86.020 Change in use.
If no structural alterations are made, a nonconforming use of a building
may, upon prior approval of the zoning administrator, be changed to another
nonconforming use of the same or a more restricted classification. Whenever a
nonconforming use has been changed to a more restricted nonconforming use, or to
a conforming use, such use shall not thereafter be changed to a less restrictive
use. (Ord. 525 § 1(part), 1989).
18.86.030 Discontinuance of use.
If the use of a building, mobile home, structure or premises which does
not conform to the land use regulations of the zoning district in which it is
located, is discontinued for a period of six consecutive months, any future use
of the building or premises shall conform to the regulations for the zoning
district in which it is located, except in the case where such nonconforming use
is for agricultural purposes. (Ord. 525 § 1(part), 1989).
18.86.040 Restoration.
When a building, manufactured home, mobile home, or other structure which
is a nonconforming use is damaged to the extent of more than seventy-five
percent of its local assessed value at the date of the ordinance codified
herein, it shall not be restored except in conformity with the regulations of
the zoning district in which it is located. The total structural repairs or
alterations to a building, manufactured home, mobile home, or structure which
does not conform to the land use regulations of the zoning district in which it
is located, shall not, during any one- year period, exceed fifteen percent of
the local assessed value of the building at the time of its becoming a
nonconforming use unless permanently changed to a conforming use. Other repairs
or alterations may be permitted provided that a conditional use permit shall
first be secured in each case. (Ord. 525 § 1(part), 1989).
18.86.050 Conditional use status.
Subject to the provisions of Chapters 18.92 and 18.94, conditional use
status may be granted to existing, nonconforming uses upon petition of the owner
for such use. The zoning agency may grant the conditional use permit if: Such
use is determined to be not adverse to the public safety, health or welfare;
would not conflict with the spirit or intent of this title; or would not be
otherwise detrimental to the community and particularly to the surrounding
neighborhood. Such conditional use status shall be granted only with the
approval of the Madera County zoning agency following a public hearing in the
manner provided for in Sections 18.108.050 through 18.108.100, rules and
regulations. (Ord. 525 § 1(part), 1989).
18.86.060 Prior permits.
Nothing herein contained shall require any change in the plans,
construction, size or designated use of any building or structure or part
thereof for which a building permit has been issued before the effective date of
the ordinance codified herein and the construction of which shall have been
substantially started within six months of the date of such permit, provided
that in all such cases, actual construction shall be diligently carried on until
completion of the building or structure. Any such land use thus created which
does not conform to the land use regulations of the zoning district in which it
is located shall, however, subsequently be considered a nonconforming use.
(Ord. 525 § 1(part), 1989).
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