ORDINANCE NO. CCO-18-04

AN ORDINANCE OF THE CITY OF MT. SHASTA AMENDING THE MT. SHASTA MUNICIPAL CODE CHAPTER 18.24

“NONCONFORMING USES”

WHEREAS, the City of Mt. Shasta Municipal Code contains regulations and policies for the development and growth of the City of Mt. Shasta, specifically the density and building intensity of various zoning designations; and

WHEREAS, Chapter 18.24 “Nonconforming Uses” provide direction and guidance for the recognition of legally existing nonconforming uses, lots, and structures in Mt. Shasta; and

WHEREAS, within the zoning districts established by zoning ordinance, structures and land uses exist that were lawful prior to the adoption, or amendment of the zoning ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Ordinance or future amendments; and

WHEREAS, it is the intent of this ordinance to encourage the eventual conversion of these uses and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established; and

WHEREAS, the Planning Commission at the May 15, 2018 Regular Planning Commission approved amendments to Chapter 18.24 “Nonconforming Uses” in order to address changes in state regulations, clarify conditions of continuation of legally existing nonconforming uses, and integrate new best practices in managing legally existing nonconforming uses.

NOW THEREFORE BE IT RESOLVED, the City Council does hereby ordain that Chapter 18.24 of the Mt. Shasta Municipal Code is amended to read as follows:

Chapter 18.24

NONCONFORMING LOTS, USES, AND STRUCTURES

Sections:

18.24.010 – Purpose.

18.24.020 – Nonconforming Uses.

18.24.030 – Nonconforming Lots.

18.24.040 – Nonconforming Structures and Buildings.

18.24.050 – Equitable Housing Exemption.

18.24.060 – Illegally Existing Nonconforming Uses, Lots, and Structures.

18.24.010 – Purpose.

This chapter is intended to provide direction and guidance for the recognition of legally existing nonconforming uses, lots, and structures in Mt. Shasta. Within the zoning districts established by zoning ordinance, structures and land uses exist that were lawful prior to the adoption, or amendment of the zoning ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Ordinance or future amendments. It is the intent of this ordinance to encourage the eventual conversion of these uses and structures to a conforming status and to permit them to exist in the interim under the conditions under which they were established.

18.24.020 – Nonconforming Uses.

The lawful use of nonconforming land may be continued; provided that:

 A. The lot, use, or structure are not enlarged, increased, or extended to occupy a greater area of land or structure than was occupied on the date of adoption of this code;

 B. The use is not moved in whole or in part to any other portion of the lot or parcel or to another nonconforming lot; and

 C. If the use ceases for a period of more than 12 calendar months, the subsequent use of the land shall be conforming.

18.24.030 – Nonconforming Lots.

Any nonconforming single lot, tract or parcel of land that was lawfully created and recorded with the county assessor’s office may be used for the purposes permitted by this title notwithstanding the minimum lot area, lot width and lot depth required.

18.24.040 – Nonconforming Structures and Buildings.

A nonconforming structure may remain and be used; provided, that:

 A. Changes to the structure that would alter or expand the nonconformity must obtain a Conditional Use Permit as per Chapter 18.29 of the Mt. Shasta Municipal Code. Expansion is defined in the section as a measurable increase in structure area, gross floor area, developed lot coverage, or intensity of the land use as measured by measurable increases in noise, traffic, or operations occurring as a result of the expansion. This provision shall not require a Conditional Use Permit to alter dwelling units to achieve compliance with City, State, and Federal regulations intended to create and maintain equitable housing (such as Americans with Disabilities Act)

 B. If moved, the structure shall be made to conform to current local, state, and federal code;

 C. If a building is damaged or destroyed by more than 50 percent of its square footage, the building must be reconstructed in compliance with the requirements for the zone in which it is located.

 D. Any accessory structure other than a building that is damaged or removed to an extent that exceeds 50 percent of its square footage may be replaced or reconstructed in substantially the same location and of substantially the same design as the pre-damaged or pre-removed structure, if a complete application is submitted for any and all required construction permits within 12 calendar months of the damage or removal.

 E. Nonconforming site improvements (not including structure). Where an existing site improvement (landscaping, parking lot layout, etc.) is non-conforming with the current regulations related to such, nothing in this section shall prohibit minor site improvements that result in the reduction of this non-conformity.

18.24.050 – Exemptions.

 A. Equitable Housing Exemption. Any existing nonconforming building or structure that is rehabilitated under a housing rehabilitation program for the benefit of low income persons may be repaired, reconstructed, or structurally altered without being brought into full compliance with the regulations set forth in this code with regard to setbacks, off-street parking, and street improvements so long as the footprint of the existing building is not expanded. (Ord. CCO-03-03, 2003)

 B. Residential Exemption. Any nonconforming residential structure that is located in a zoning designation that would reduce the number of units from the originally approved number is exempt from conforming to the new density and zoning code. The residential structure is not exempt from conforming to current building and fire standards. This exemption does not apply to residential structures which have been abandoned for more than 12 calendar months or to a residential structure constituting a public nuisance.

 C. Agriculture, Timber, and Mineral Production Exemption. Nonconforming agriculture, timber production, and mineral resource production uses are exempt from conforming to current zoning regulations, unless the use is abandoned for more than 24 calendar months.

18.24.060 – Illegally Existing Nonconforming Uses, Lots, and Structures.

(A) Uses of land, lots, or structures that were created in violation of the zoning ordinance, subdivision regulations, or building code in effect at the time the use was established are presumed to be in violation of the current regulations and illegally existing. The land use must be brought into conformance with the standards of this code, not the code in effect at the time the use was illegally initiated

The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on August 13, 2018 by the following vote:

AYES: Stearns, Wagner, Stackfleth, Engstrom, Morter

NOES: None

ABSENT: None

ABSTAIN: None

Dated: August 13, 2018

CITY OF MT. SHASTA

Kathy Morter, Mayor

ATTEST:

Kathryn M. Wilson,

Deputy City Clerk

APPROVED AS TO FORM:

John Sullivan Kenny, City Attorney

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