Chapter 18.86

Other

• Annual structural repair limit for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use15 pct

  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. (18.86.040)

• Change of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use requires zoning administrator approval and cannot be less restrictive

  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. (18.86.020)

• Conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. status for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses

  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. (18.86.050)

• Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use6 months

  If the use of a building, mobilehome, 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. (18.86.030)

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use requires conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit

  The existing lawful use of a building, mobilehome, 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. (18.86.010)

• Prior building permits for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses

  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. (18.86.060)

• Damage threshold for restoration of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use75 pct

  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. (18.86.040)