21.68.110.C

Other

• Abandonment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses12 months

  If the actual operation of a legal nonconforming use of a structure, land, or structure and land ceases for a continuous period of twelve (12) months, the legal nonconforming use shall be deemed to be abandoned.

• Period to cease airport use after notice30 days

  The owner shall cease using the property as a public use airport within thirty (30) days of owner so notifying the Director of Planning.

• Fine for violation of airport amortization1,000 usd

  Any person, firm, or corporation, whether as principal or agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for a fine of not more than one thousand dollars ($1,000.00).

• Imprisonment for violation of airport amortization180 days

  or by imprisonment in the County Jail of said County for a term not exceeding one hundred eighty (180) days or by both such fine and imprisonment.

• Notice distance for airport amortization1,000 ft

  Notice of the hearing shall be given in the same manner as provided in Chapter 21.78 of the Monterey County Code, except that, in addition, notice shall be provided to all owners of real property within one thousand (1,000) feet of the subject property.

• Owner response period for airport amortization30 days

  The notice shall request that the owner inform the Director of Planning within thirty (30) days of the date notice was sent if the owner desires to cease the nonconforming use.

• Civil penalty for continued nuisance50 pct

  Upon a continuation of the public nuisance after notice from the County to cease the nuisance, any person, firm, corporation shall be liable for the costs of abatement set forth above plus a civil penalty of fifty (50) percent of those costs.

• Use permit required for change of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use

  The legal nonconforming use may be changed to a use of a similar or more restricted nature, subject to a use permit in each case.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. land use prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  No such use shall be expanded, enlarged, increased, or extended to occupy a greater area than that occupied when the legal nonconforming use was established.

• Intensification of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. land use prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  No such use may be intensified over the level of use that existed at the time the legal nonconforming use was established.

• Maximum maintenance/repair value per year50 pct

  Such work does not exceed fifty (50) percent of the appraised value of the structure in any one year period.

• Rebuild floor area limit after damage

  Such structure may be rebuilt to a total floor area and volume not exceeding that of the structure destroyed and the use may continue as herein provided for nonconforming uses, if a use permit is first secured.

• Residential nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use expansion percentage10 pct

  A structure maintaining a legal residential nonconforming use may be increased for the expansion of the use by one hundred twenty (120) square feet, or ten (10) percent of the floor area, whichever is greater.

• Residential nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use expansion allowance120 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  A structure maintaining a legal residential nonconforming use may be increased for the expansion of the use by one hundred twenty (120) square feet, or ten (10) percent of the floor area, whichever is greater.