Chapter 18.68

18.68.010    Purpose.

18.68.020    Continuing existing uses and structures.

18.68.030    Use permit considerations.

18.68.040    Enlargement, alteration, etc., of nonconforming buildings and uses.

18.68.050    Reduction or extension of a nonconforming use.

18.68.060    Cessation of use.

18.68.070    Nonconformance with parking requirements.

18.68.080    Replacement of damaged or destroyed nonconforming structures.

18.68.090    Repair, alteration, and relocation of nonconforming buildings or structures.

18.68.100    Nonconforming due to annexation.

18.68.010 Purpose.

Within the districts established by the zoning code or amendments thereto, there exist structures, land uses, and characteristics of uses which were lawful prior to the adoption of or amendments to the zoning code, but which, by reason of such adoption or amendment, fail to conform to the present requirements of the zoning district. It is the purpose of this chapter to:

(a)    Permit the continued operation of such uses while guarding against such uses becoming a threat to more appropriate development;

(b)    Provide for the eventual elimination of those uses that are deemed to be harmful to the community environment and not in the best public interest; and

(c)    Limit the number and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and standards prescribed in this zoning code, and by regulating their restoration after major damage. (Ord. 1295 § 1 (part), 2005).

18.68.020 Continuing existing uses and structures.

Except as otherwise specified, any use, building, or structure existing when a zoning code amendment rendered the use or structure nonconforming may be continued, even though such use, building or structure may not conform with the provisions of this title for the district in which it is located; provided, that: (a) the use or structure was not established in violation of any zoning ordinance previously in effect in the city, unless such use or structure now conforms with this title; and (b) such use or structure does not constitute a nuisance. (Ord. 1295 § 1 (part), 2005).

18.68.030 Use permit considerations.

Any use which was a permitted use until the date a zoning ordinance amendment changed the use to a use for which a use permit is required in the applicable district shall be and remain a nonconforming use until a use permit is obtained as provided in this chapter. (Ord. 1295 § 1 (part), 2005).

18.68.040 Enlargement, alteration, etc., of nonconforming buildings and uses.

(a)    No building existing on the date a zoning code amendment rendered the use thereof nonconforming, except when required to do so by law or order, shall be enlarged, reconstructed, or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, or except as provided elsewhere in this code.

(b)    A nonconforming use of an otherwise conforming building or structure shall not be expanded or extended into any other portion of such building or structure. (Ord. 1295 § 1 (part), 2005).

18.68.050 Reduction or extension of a nonconforming use.

When authorized by the planning commission by issuance of a use permit, a nonconforming use may be reduced or extended in size if such reduction or extension is determined by the planning commission to create less discrepancy between the existing conditions and the zoning requirements for the district, based on the following criteria:

(a)    The degree to which the modified use serves a need that is directly related, or complementary, to permitted uses of the property;

(b)    The modified use results in reduced parking, traffic or congestion problems;

(c)    The modified use will be less detrimental to the habitability of adjacent properties throughout the period of its continued use; and

(d)    The modified use and resulting general appearance will detract less from the overall neighborhood character or desirability. (Ord. 1295 § 1 (part), 2005).

18.68.060 Cessation of use.

(a)    If a nonconforming use ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zoning district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

(b)    Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority. (Ord. 1295 § 1 (part), 2005).

18.68.070 Nonconformance with parking requirements.

(a)    Single-family or two-family units shall not be enlarged or modified if such enlargement or modification would reduce the availability of off-street parking to less than that required by this code. No existing garage may be converted to other uses or existing parking spaces removed unless the modified property complies with the parking requirements of this code.

(b)    Multi-family uses which do not have the number of parking spaces required by this title but have the number of spaces required at the time the use was approved for construction are not required to provide additional parking spaces unless additional units are constructed on the property or existing units are expanded. If units are added or expanded, additional parking must be added so that the new or expanded units are in compliance with the parking standards of this title. (Ord. 1295 § 1 (part), 2005).

18.68.080 Replacement of damaged or destroyed nonconforming structures.

Any nonconforming building or structure that has been damaged by more than sixty percent of its then-appraised value for tax purposes, exclusive of the foundations, at the time of damage, shall not be restored or reconstructed and used as before such damage or destruction; but if less than sixty percent of the nonconforming building or structure is damaged above the foundation, it may be restored, reconstructed or used as before; provided, that all restoration or reconstruction shall commence within six months of such damage or destruction. If single-family or two-family dwellings are one hundred percent destroyed, they may be reconstructed and used as before such damage. Increasing the square footage of a nonconforming residential structure does not constitute adding to or enlarging for purposes of this section; provided, that no additional dwelling unit is created and such increase otherwise conforms to applicable development standards. (Ord. 1295 § 1 (part), 2005).

18.68.090 Repair, alteration, and relocation of nonconforming buildings or structures.

(a)    Repairs. Such repairs and maintenance work as required to keep the nonconforming building or structure in sound condition may be made.

(b)    Alterations. Nonconforming single-family and duplex structures may be altered if the structure was legally built prior to the effective date the zoning code amendment rendered the structure nonconforming; provided, that:

(1)    The expansion does not reduce the first-story side yard setbacks below those currently existing for the structure, even if those setbacks are less than would otherwise be allowed in the zoning district; and

(2)    Any second-story expansion is consistent with the setback requirements of this chapter.

(c)    Relocation. A nonconforming structure shall not be moved unless it conforms to the standards of the district at its new location. (Ord. 1295 § 1 (part), 2005).

18.68.100 Nonconforming due to annexation.

(a)    Continuation of County Permits. Whenever property is annexed to the city and such property has a building, structure, or use of land that was lawfully established or maintained in Yuba County pursuant to a valid permit granted by Yuba County, or any agency or political subdivision thereof, any and all conditions or requirements placed on such permit shall be complied with in order to continue or maintain such building, structure, or use of land in compliance with this title. Violation of any such conditions or requirements shall constitute a violation of this title and shall be subject to the enforcement provisions as specified in Chapter 18.08 in addition to any and all other penalties and remedies provided by law.

(b)    Inhabited Annexation. Any property developed with an existing residential use that becomes nonconforming as to any zoning regulation contained in this title as a result of annexation to the city of Marysville shall be deemed to be a legal nonconforming residential use with respect to such zoning regulations. Any such nonconforming residential use may be continued indefinitely, and may be repaired, altered and/or enlarged in conformance with this chapter. (Ord. 1295 § 1 (part), 2005).