Chapter 34- Nonconforming Uses
34.010 General provisions.
34.020 Alterations to nonconforming uses, buildings and structures.
34.010 General provisions.
The lawful uses of land, buildings or structures existing on the effective date of the adoption of this General Plan, when such use does not conform to the land development regulations, may be continued except as provided in this chapter.
The regulations of this chapter are intended to set standards that will not inhibit the continued and/or expanded or altered use of such properties, provided that the general intent of the provisions of the land use designations and land development standards are met, the character of the community is not adversely affected, and that wherever practical, deficiencies are mitigated.
34.020 Alterations to nonconforming uses, buildings and structures.
The following criteria shall be considered by staff during the review of any application to expand/alter a nonconforming use. Any alteration required by governmental or court action shall be exempt from these conditions and restrictions. Conditions affecting a nonconforming use shall apply to the existing use, land and structures and shall not be affected by ownership change.
- Alterations of the nonconforming use shall not be detrimental to the intent of the land use designations, objectives and policies, specified in this General Plan.
- The granting of permission to alter the nonconforming use shall not be substantially detrimental to the public health, safety or welfare or injurious to the property or improvements in the vicinity or adversely impact the surrounding properties more than the existing nonconforming use.
- The alteration shall not increase the intensity of the use-category of the land, building or structure.
- If the proposed alteration could generate public controversy, the Director shall refer the application to the Planning Commission for its consideration.
- Nonconforming Use of Land.
- Expansion. The use may not be enlarged, increased or extended to occupy a greater area of land than that occupied by such use at the time of application of the land use designations and development standards to the subject property unless it complies with 34.020 criteria A-D.
- Discontinued use. If the nonconforming use of the land is discontinued for a period of one year or more, any subsequent use is to conform to the requirements of the land use regulations and development standards where feasible, if determined to be unfeasible by the Director, the subsequent use shall conform with 34.020 criteria A-D..
- Nonconforming Uses of Buildings.
- Extension of Use. The use may be extended throughout the building provided that structural alterations are of a minor nature and are necessary to improve or maintain the health or safety of occupants or are required by law or ordinance.
- Discontinued Use. If the nonconforming use of the building is discontinued for a period of six months (180 days) or more, any subsequent use of the building is to conform to the requirements of this General Plan, where feasible; if determined to be unfeasible by the Director, the subsequent use shall conform to 34.020 criteria A-D.
- Nonconforming Structures.
Any structure that does not conform to yard, height, parking, lot coverage requirements or other development standards of the land use designations may continue to be used as a lawful nonconforming use provided:
- Alterations and Expansions. This structure may not be altered or expanded except for minor alterations necessary to improve or maintain the health and/or safety of the occupants or if required by law or ordinances unless the expansion complies with 34.020 criteria A through D; and
- Destroyed Structures. If the nonconforming structure is damaged or destroyed to 50% or more of its value for whatever reason (fire, explosion, intentional demolition, act of God), the building and land shall then be subject to all requirements of this General Plan. Deviations to this requirement, such as rebuilding to a former size or in a previous location, may be permitted subject to a use permit. In no case may the intensity of use or size of the structure be increased beyond what existed before it was destroyed unless it complies with all current County requirements. Single-family homes are exempt from this provision and may be rebuilt as originally permitted when destroyed beyond 50% of value (excluding intentional demolition) when sufficient evidence is provided confirming any nonconformance was legally permitted.
- Nonconforming Use – Animals.
- Expansion and Replacement – Domestic. The number of nonconforming domestic animals may not be increased above the number existing on the effective date of application of the land use designation to the subject property. Deceased or relocated nonconforming animals may not be replaced except in conformance to the land use designations and land development regulations.
- Public Nuisance. Regardless of any other provision of this General Plan, the keeping of any nonconforming animals may be declared a public nuisance by the Board of Supervisors upon recommendation of the Planning Division and/or Environmental Health and abated in accordance with Chapter 7.20, the Health and Welfare Title, Mono County Code, where the use is found to be dangerous or prevents the full use and enjoyment of neighboring properties.
