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83-30 ORDINANCE 2 OF 16
COUNTY OF BUTTE - DEPARTMENT OF -PUBLIC WORKS PERMIT N 7 County Center Drive - Oroville, California 195965 o Telephone 9161534-4541 �'�� - APPLICATION AND PERMIT "A 55 C:JSO P(,RCF.L NUAJ6IiR - 7 NI.NG rNr.4- BUILDING PER _ f�fllLDMIT ovtrtEa ,y TEL PNor�E SO. FT. OCC. _ _. 011101NO VALUATION .. OVIN.ER.S h AILIN ADDRESS - —.�---=-•�m:a w..ww+we� .ON AC OR'S,NAIdE %�: - -- TELEPHONE C N YacS LI JG ADbR i GD t45rRU C TION LENDER �Ui4k NOY 0 000 r ip,pp Total Valuation Filing Fee LENDER'S MAILING ADDRESS 0000. - � Permit Fee $ ARCHITECT OR GNGItJGGR LICENSE NO. _ _ Plan Checking F00$ Penalty .moi. +. Permit tee ARCHIT T OR LNMAILING_. ADDRESS _ $.. $ BUILDiNG A:DORG55 PLUMBING PERMIT Filing Fee 10.00 _ p Each Trap Solar tti'ater Heater � Water piping 2,00 20.00 5100 LOT NO. SUDOIVISION NAME PARCEL MAP Epch qns water heater at vent -1- 5.00 Jas piping system 5 tutlots 5,00 Ca USG OF STRUCTU I I3 SF El Duplex ❑ Mobf lehome rl Other r2SPECSr �Y building _sewer 5.00 MOW le Home S is �- lo,00 e TYPE OF WORK NewEl Addltl�on AM. Remodel f -I Utilitios Installation Other Describe Work;l_1� � _, ,/Sail BO J permit Fee $ S. ��+ dntrarlor ELECTRICAL PERMIT FillhgFee 10.00 Main service in°oVnPAR oRSts.ESS 10.00 —^� !•chin service RA, AOOIL too Amin 2.50 " --. —' CONTRACTORS LICENSE LAW I declare er penalty of perjury (check ohe): I am licensed under provisions 0 Chaot.9, DIV. 3 of the t3usiness nod Prolessionq C de a�d my license Is in full force. and effect. `? License Nu,�� Classll cationb,_ (� i, as the owner, at my employtos will! ,gages as their sole conipen-»Omporary satlon. will do the workohd the structure. Is not intended or offiXred for sale. (Seo, 7044) I, as ,the owner, am exclusively contracting with licensed oontracty ors. (Sec. 70441 C 1 ant exempt under Sec, . Dusiness 01111 Prolossions +Code for Ihls roason._. . �- 1851VCONS DWE4LING OCCUP.6 M. ADDNS % ACC nLOGS c�Jcsgit o -rt w coiJ`src� .DurL r NOtJ ESIgI L�RANCN t.1.RCUITS�: 2.50 eII I.rEW cOWS , MPOVIFRNe.Lr APPARATUS 6 NON.It E$ID (51Nr LL- tlUTLEY Clii. bx, OccujS(DUTLCTs on r•Ixruacs 2o'! G°e Ex, i7canpur°crs tesiPEA.j 3.00 service 10.00 Mobile Won. Facilities 15.00 fY'Isc. Wiring 15.00 Permit Fee $ �ontractor, IVORKMEN'S COMPENSATION INSURANCE p perjury I declare �' �epertrftlits for $100m (Valuation) [J n) or less, ��avo placed an file with the County of Sulto Building Department a Cerlllicale of Workmen's Compensation Insurance or a Certificate of Consent to 5olf•Invure, I 'Shall not employVentilation tiny person i11 any manner so as to become subject to the W. C. laws of California, Notice to Applicant, It after making this Sta'tenlent, should you become Subject to the W. C, provisions of the Labor Code, you must forthwith comply With sucl! provis ons or this permit shall he deemed revoked, MECHANICAL PERMIT PIIIng Fee 10.00 Hoi�tin� D --- G!, -/ CA?&:�_'�',L h Conlinrtt� Hand _Venirlatioh pormlt Hca Contractor iv 3000 $/yU I oertlly that I hove read this application and state that the above information Is correct, I agree to comply to all County Ordinances and State Laws relating to building construction, and hereby authorize reprosentativot of the County at butte to en r upon the above lnentlohed property (or inspectitln Purpose's, demnii an I also a e. to $ave. y adnkkeeep harmlesslhtile county of butte llgolnat all Ila I Ins, jud' M3, costs, ich nay Ih any way accrue II In did Cou In cpnsa uehco the granting of this paritlit, X �jZ.��G Slgnalurb o Ap leorit - 0wnerli Conird0orJbAG6,htu An 0$Fi peimit Is roiju red Iq o t vdlloha over 5'0" deep ohd demolhion Dr oon3ttuel+ oyot 3 i�oYfas ih hDlgtit ti 61.10 Mobile Home Installation Fee $ 4 TOTAL PERMIT RCE $ AC Ct7Pi gRCUP TY�1 DF CCN ST W _ PAnCE4 PD HDt 196UE p y This �t!lit Is hereby Issued u doih re iillut one pr do Work IndlcatOd AIiOVO for which tees have been paid. IR TOF3 Qlc PUBLIC WOAK8 Ir3yz_ Dal/_I, tRIhiTM0ZIy'�H3=Tr rit 'y. 1`oRcel,tlA`teU'Yes p WHi?C+Il,p.W., YItLOW.ASstd dA, plltk .,IfipratNb. riH,.tiUnnN.YdF,,,iY11r r� ;r Cl) �ii`iiii +r. f eYYAY)i �bYiiiYi(e•i�"` (�}.� `i.i irraDiDlaa, fibril Mifl. 'fA'f~•fiis.Yf7M4�iYtYlrye. BOUNTY OF EUTTE - DEPARTMENT OF PUBLIC WORKS 7 County Center Drive - Oroville, California 95965 - Telephone 916/534-�1fi41 PERMIT N ' A95APPLICATION AND PERMIT E5 A O J PRCEL NUM�GIi 'L NTNG n OWNER +uT 19 !:^ 13UILDING PERMIT rE O WNER'S EPNONE SQ. FT. OCC. IrJNG '!s BUILDING VALUATION .ADDR 55 CO A nTT.ORR�MS EPh10N ONTRAL FIrpIQGeCRNGNDGRRZ UNKNoIv�„ Total Valuation $ LENdR's MAILir�c nacliass Filing Fee 10,00 ARCHITECT on ENQINEER Permit. Fee -: L,ICGNSE NO. plan Checking dap A CNITEGT 017 GNGIrJEr~R's MAILING Ai�DREKIS Penalty BUILDING AD617 L"50 Permit fee $ ` PLUMBING PERMIT FilingFoee 10.00 Each Trop', 2.00 Solar Water Heater ` Water piping . •. NO, OUlibIVi510N. NAME' � ,^���._ 5100 (enncE� MAP Each Ons cVater 17oator aY vent Gas pipingi t .,1_- outlet v" 5.00 USE .OF STRUCTURE 5.00 �� �[iulldirv, Sewer, 5.00 Lt.OT F 0 Duplox Q Mobilehomo�j Other— . rlo/l �' MobI l,e Hcim1� 5 G W t0,00e J L'CIFY i TYPE OF WORK Permit Fee " New L� Addltlon C1 �lemodel $ �.,� tiliilOs ( Insta la ohs Other Contractor Describe wotktL1�tJ�jjl l�✓!t,ur ELECTRICAL PERMIT FllingFry 10M Main service idn A;aa Lill s 3s 10,00 Main service MA, A0b'L 100 AMP 2.50 NEW CONis- T. oWh LLItJG OCCUP,� CONTRACTORS LICENSE LAW 01, Ir"ONs. i` ACC. L7LnGs. ) k'.'�cst�it rdeclate r penalty Of per trr r,I.W r,OrJsr`ia �s j y (check one), t!15 rN,NEsin "Ou L T Rrrn? etr�c +rTsIiGOnsed Under NLWCONS R.CAV tJ APpARATU:iA provisions �tif Chapt. 9, Div. 8 of the Buslhess "BSIG. SiNGLE OOTLE7 crra,I'rofessi Cr1 an my i 00680 Is In full force and offpct. rzx' Occu zoc+boe ^L f — p?s 1917 t 1kYURcS bA4ea0� License No. ttJJ r p U ..ry' y p y G`IaSSif(Catldn _�'` rIxLL Ar p�r4s, OR 2.CA •^— Ex, Or.Glf , ouTi, rTs ,RE516,1 �A I as the owner, or m em o Des with wages as their sole compon- �emporery service 10.00 for shl`e (Sem do the irk and the structure is not Intended or offered Mobile Home Fac(littes I _ 15,00_ I, as the owner, am exclusively contracting with ►icetisorl contract= Mlsa. 111fring 15.tl(7 Ors. (Sec. 70441 _ L..) 1 am exempt under Seo,. _„ Business and PrOIU8910hs Code pernilt Fee for this reason �.._.-� $ Contractor WORKMEN'S COMPENSATION INSURANCE MECIiANiCAI_ ERMIT Fig 10,n0 rdec�ldee r penalty atperjury (check one):eatin permit is lot5100.00 (valuation)orless.va placed on filo with the County of 13utte building Department aertificate of Workmen's Compensation Insurance or a Cortlfiome ling Of Consent to Self"ins°ure, l i $hall not ern to an Hood to ie W C laws of Calilgrhia, any rnaniter so p$ tO become subject Vontilalinn a�(lU to W. rovlApplicant! It allot making this statement, should you become subject p the labor Code, YOU must forthwith oeniply With such _ pravlslon5 or this gerrhlt Shall be deemed revoked, CWriltir IIs d certify that I have read this applldation and state that the above information S oil Y p oblie Deme Instailntlon Fee t3uttcrtoce I r upon ontthe ,and hereby a ht Or+�inan "es and State Laws relating M p and Hereby authorize re rosentalives of the County, Of m n d property for Inspection put oses. h TOTAL to building a strUctlnn, ,y , . y �_ L PCRrv11T FCC $ I also agr a save, t drltnnlf and keep harmless the Cauhlr of butte against tae ctrl, GRgUt lYnr u1 r, GS11gT, rAnCLt pd N4 13911 all as, tf , ludg r t ., costs, and ex noes which and In an wa �Ihst Coun I na�s�; u�.i-,. _at g��anting of ihl$ permit Y y °acruo ��� �, Date 1 y` a`ns ofg tthe l80 0 COut ly Code aesilie applicable PeOvl . 5lgnerur6 of uotrtroctor A bht _ Y h , or resolutions to do An OSHA p .rlf It Itaftk. r %over 5'0" deep and dorHghirgh tl rig whlrrii fees have boon pa1d, ynv. w � _ r 0hiu'uat• OIREC OR loh of :true ur �'i oval °� i°»�1 work ihdioelO bovO lot PUBLIC WORKS w o Recoi,•f No. j .l BY,�"ri' bate f �r 1 1 ._ :rr int• +. 0r 11!.t PBRf,41 f �iE .lml �11ir. ,a,�.ri;�V' g1►Yit.1r* -'OWN � �`��--�#t�' -- !A. • 1fi1rU HECHT, DIAMOND & GREENFIEI-o MrRVYN L. HEC:HT A I.AW CORPORATION ROGrR JON WAMONO - IS415 SUNSET-bOU4.EWARD TELE 4-tJ E2: (213) d54-OG21 RONAt.CS S. GRMCNPIELO 'PACIFIC PALISADEsr CALIFORNIA 90272. (2131 970-4.B36 H CHESTER HORN. JR. TCLEX: U5-9103.4303240 IRA C) RISKIN AN9WERBAC.K'. HOG IPM PAPA HOWARD MOSS >' YE', �1GN t'•2EIN January 28, 1986 sOURYER MAILBOX ENALD .. S.ALTZMAN VIA SOURCC OR 7t.LEMAIL JOL �y Co. phn". }� Bettyeye A. Kircher Orov►lt� SAN 31 1986 Planning Director ° C","forte 25 County Center Drive Croville, California 95965 Re. People v. Posner Dear Ms. Kircher: Further to my letter of March 15, 1985, please be advised that your presence is requested at the Municipal Court in Chico on Monday morning, February 10, 1986 pursuant to the subpoena previously served upon you. It you have any difficulties with this, please let me know immediately. Thank you. Sincerely, HECHT, DIAMOND & GREENFIELD $y: d C r 1, Z� C ROGER ON DIAMOND EJD.mr I Ordinance No. 2331 n 3 AN URGENCY ORDINANCE AMENDING ORDINANCE NO. 2324 The Board of Supervisors of the County of Butte, State of r, California, DO ORDAIN as follows: G Section 1. That Section 32B-2 is hereby amended to read as 7 follows 8 §32B-2. DEFINITIONS J (A) "Knowledge') or "knowledge of such nuisance" � io means having knowledge of the contents and character of the patently 11 offensive sexual conduct which appears in the obscene matter. 1`? (B) "Obscene matter" means matter, taken as a whole, 13 the predominant appeal of which to the average person, applying 14 contemporary standards, is to prurient interest, :e,, a shameful or l.i morbid interest in nudity, sex, or excretions; and is matter which lr, taken as a whole goes substantiall,- beyond customary limits of 17 candor in description or representation of such matters, and is 18 matter which taken as a whole is utterly without redeeming social '19 importance: i n M (1) The predominant appeal to prurient ,interest nJ of the matter is judged with reference to average adults unless it appears from the nature of the matter or the i 23 �'°<.cittUmstances of its dissemination, distribution or exhibition,, .� that it is designed for clearly defined deviant- sexual groups) in which case the predominant appeal of the Matter 26 shall be judged with reference to its intended tecipient 1 (2) Where circumstances of PPoduction, presen_ 9 tation, sale, dissemination, distribution, or publicity 3 indicate that matter is being commerc-ia1Jly exploited by the } defendant for the sake of its prurient appeal, such evidence isrobative with respect to the nature of p p the matter and 6 can justify the conclusion that the matter, is utterly without redeeming social importance. (3) in determining whether the matter taken as q a whole goes substantially beyond customary limits of candor 10 in description or representation of such matters, the fact 11 that the defendant knew that the matter depicts persons E 1 under the age of 16 years engaged in sexual conduct, as 13 defined in subdivision W of Penal Code Section 311..4,. is a 1#I factor which can be considered in making such a determination,i r 1' (C) MaCter" shall mean a motion picture film Or a taiJ publication, or both_; i k i (D) "Motion picture film" shall include any: i lei (1) film or plate negative; 19 (2) film at plate positive; `_'C1 (3) film designed to be projected on a screen for ' i 1 exhibition; ' r nil (4) films' glass slides or txansparencies; either n:3 in negative or positive form designed for .t exhibition by projection on a screen; r6 (5) vzcieo- tape or any other medium used to C'r electronically reproduce images on a screen: 6. (1',) "Person" means any individual partnership, firm, 28 association, corporation, or other legal entity) I ()F) "Place" includes;, but is not limited to, any nbuilding, structure or place, or any separate part or portion I thereof, whether permanent or not, or the ground itself. "Place," ,I also includes any money, slug or coin-operated vending machine,, or r mechanical or :.lectronically controlled vending machine, which is 6 located upon or is accessible from a public sidewalk or thoroughfare. (G) "Publication" shall include any book, magazine, to newspaper, article, pamphlet) writi'ng> printing, illustration, 9 picture, sound recording, or a motion picture film when such film is �. p � g � 10 offered for sale or exhibited in a coin.-operated machine. , 1.1 (H)' "Sale" means a passing of title or right of 19" possession from a seller to a buyer for valuable consideration, and 13 shall include, but is not limited to, any lease or rental arrangement 14 or other transaction whererin or whereby any valuable consideration 15 is received for the use of, or transfer of possession of, obscene 15 matter. I Section 2. That Section 328-5 is hereby amended to read e 18 as follows: I 191 §32B-5. KNOWLEDGE OF NUISANCE PRESUMED FROM SERVICE OF 2(1�' COPY OF RESOLUTION; RESPONSIBILITY OF PARTIES THEREFORE ABATEMENT OF 21 SUCH NUISANCES. ?`? (A) Upon receiving notice through service of a `3 certified copy bt this ordinance and a certified copy of the 2.1 resolution provided for herein, any and every person who shall own, "5 legally ;or equitably, lease, maintain, 'manage, conduct, or operate a 26 place in the County of Butte which 18 declared to be a 'public nuisance `'i as set forth and stated in Section 328-3 or Section 328-4 of the 2S Butte County Code is deemed to be a person who has knowledge of such I nuisance for the purpose of this ordinance and is, thereafter, 2 responsible for its maintenance, and shall be liable therefor, (B) The places and subject matter -1 declared to be public nuisances under Section 32'B-3 or Se 5 County Code shall he abated Section 32B-.4 of- the Butte Pursuant to Government Code section 25845.,. Code of Civil. Procedure Section 737., and. Civil Code Sections Provided for herein. 8 Section 3. i'hat Section 328.,6 is hereby amended 9 as follows; L -o read 1 it §328 ACTION. TO BE �( TAKEN BY BOARD OF SUPERVISORS. Upon a specific finding that a Public nuisance Section 32B-3 or as defined in Section 328-4 of the Butte Count , IS in the Count , exists County of Butte, y Code the Board 14oi of Supervisors, in a pPlyin theprvio this ordinance to such nuisance 1,5 Eollowin by Cr shall provide for the eSolution 16 (A) Declare the fact 17 that such nuisance �$) exists Set forth the description or legal 1,3 and street address of the g 1 description real Proper nuisan .'+ :19 Y which constitutes the � (C) Set forth a ce statement of facts u 2 Board of Supervisors' upon which the declarat'On of nuisance is based; 2 fin) Order the 'cevocat,on of all license -= which have been issued as a s and permits 'C3 part of the op°ratiob of such business; r J to confirmation by the court sub' Y `i subject n the r.equi.red herein, Judicial proceedings Criminal pr'oceedin s 25 without a for transactings business license at such. address shall not be Filed u w� null the Of license revocation b;. order t, Y the Board of Supervisors has been confir by judicial order; mod f r4y __ (E) Order the District Atorney to give written I s 373a to all persons named fin. 2 notice under Penal Code section ounty Code to abate such public -(A) Butte C ,5 of the •t Section 32B g b terminatin the exhibitions of such „t nuisances immediately, y obscene film or films and sale or offering for sale of such publications, or causing the same to be terminated; d as C p proceed (F) order the District Attorney to p Section 32B-7 of the Butte County Code and do all S directed in Se through ju6icial things necessary to abate such public nuisance �editiously as 1f1 proceedings and to conclude such proceedings as exp l,lis permissible under the law: Per named in Section �n (G) Inform and give notice to p l 32B -5(A) of the Butte County Code that: 1) The Board of Supervisors has aetermined 1.1 ( exist$ at such place public nuisance presently that a p ; laermits and address) and has revoked the licenses and p and that t at that place, subject to court confirmation, i7 the are under Section 32B-5 of the Butte County Cade; y � Is f deemed to have knowledge thereof and are responsible rr1 therefor u`r j (2') The Board of Supervisors has ordered the : ttorne. as provided for under Section 328-5 ` hc� District A y 2 to commence legal proceeding's ')3 of the Butte County Code} ersons as defendants In a civil action to 4 04 naming such p ,tra abate the, same `udical.ly under Civil Code Section 3494 ter and 'Code of Civil: Procedure Section 731, and to seek f ion of the costs of abatement; recovery in said act attorney incl ,�� including investigative costs, court costs 1 2 1 5 fees, and other expenses and that u x Of the BuCounty Butte C rider $ecl:ton 32B,g y Code, the coats Made a s ecial Of ab�atc►ttent are p assessment against the na,.,C.j of Upon which the nuisance is land the interest, if any theremaintained, but only againstn, Of the .i for maintain' person responsible such nuisance and, upon their deter- mination by the Board Of Supervisors; w,il1, by separate resolution., be made a lien against t interest of the he real pf°petty person responsible for mantaning such ` nuisance, (3) All obscene motion used picture. obscene publications beingfilm or films or I maintaining such Publiconducting and c in nuisances+' contraband a are considered to be and the subject of forfeiture; (4) The obscene picture + obscene cture film or films or i publications which are being used in and maintainin conducting g such public nuisance Is the hearingwill be needed at in the court haying Jurisdiction of the Y t legal p''ceedlngs brought b he District Attorney, Pursuant to Evidence Code Section 1503; and � (5) From and after service on manager or the actin place or its g manager; or such 1"..rson then. in charge of I Place of a certified copy of this ordinance certif=ied copy of such and Paid as admission a resolution, any and all monies Price to the ekhi of such obscene bi'tlon or eXhibtions ff� motion picture Films and 'valuable ccinside a"On received for the sale of sue Pub�.ications- h obscene i shall be regarded as being a public -_5- 1 1, �r _0 21 22 2 27 I. 4�R C 2 9,k: 11 I nuisance per accidens as Personal conducting Property used, d. and maintaining such nuisance gain :3 > and as g derived from a wrongful act, t Of Civil Code v o the provisions Section 2224, conaracontraryt and that forfeitur. r same will be e of the quested in the judicial proceedings C required herein; 7 (H) Order that a certified copy of sares 8 and a certified copy of id this ord nano olut an c) any manner normally e be delivered forthwith in Used to effu 10 as directed i . c'tuate Personal In Code Service Of Civil Procedure of procc�s )C 416:9p to all e Sections 415.10 through Persons of record having any Iegaj, or equitable 2 interest in the q itable real; property and to ttie nr persons in r regular charge of the Place therein acting manager A herein declared Sitio2 4, This urgency orlon a public nuisance. Januar ordinance shall take o n Y 2'�� 1yR3 and before the a effect ' 6 after its xpiratit;n Of fifteen (15) days � passage shall be published once with the names � of the members of the Board of Su pervisors `votn�� for _2r-0_2_4112 ercur- . _ and against 1 t in the J of Butte . ....`_"_`..:..-.�, a newspaper published in the Count: Sta,_e of California The :facts on which this cornst+•utin ordinance is g the urgency i based Thehealth > safety and tvelfat�e ' the Count• o£ Bof the citizens of i County utte; Certain Butte Count y Coda Sections :refereed body Of t1rd;inanc:e 2324 d'o no to in the t exrsti he 2 amend Ordinance 2324 b it is necessary Co Y correcting those Code Sectiotns, and to inform the public as to the 164iAroper referenced 5ections, 6 6 ) 6 j 7,i 1 PASSED AND ADOPTED by the Board of Supervisors of the County 2 of Butte, State of California, this 18th day of January 3 1983, by the following vote: 4 AYES: supervisors Fulton, Saraceni, Wheeler and Chair Dolan 5 NOES: None i 6 ABSENT: supervisor Moseley =� NOT 'VOTING: None ` �;, ;.- -�---cm' �t� `'; •r'zmak:,.. ` MANE OLAN, Chair 61 rhe Butte%,County Board of Supervisors 1Cl ATTEST'``- ll ELEANOR M. BECKER) County Clerk and ex -officio Clerk of the Board 12 1;3 B 1 1 15 l l t yj4 2) 5 �$y Chapter 4. NON -CONFORMING USES Section 6130. Except as otherwise provided in this Chapter, the lawful use of land, buildings, or structures existing at the time of the adoption of thl; Part may be continued, although such use does not conform to the redlilatiohs specified by this Part for the district in which such land, buildihd or structure is located; provided, however, that no such non -conforming use may bo extended to occupy a greater area of land, build,ng or structure than tha occupied by such use at the time of the adoption of this Part; provided further, that if any such non -conforming use is abandoned, any subsequent use of',,uch land or building shall be in conformity to the regulations specified by this Part for the district in which such land is located. if any use is wholly discontinued for any reason except pursuant to an order of cr+urt for a period of one year, it shall be conclusively presumed that it has been abandoned within the meaning of this Chapter. Section 6131. Where no building or structure is involved, the non- conforming use of land may be cow-inued for a period of not more than three (3 years from the time such land use became non -conforming under the terms of this Part. Bunkers used in quarry operations sha11 not be considered buildings or structures within the meaning of this Chapter. Section 6132. Any nonconforming building or structure that had an asses- sed valuation of Five Hundred Dollars ($500,00) or less as shown on the assess- ment roll of the San Mateo County Assessor at the time of the adoption of this Part or at the time it may become non -conforming by virtue of any amendment hereto shall be completely removed from the premises upon which it is tocated within five (5) years from the date of the adoption of this Pa,rt. Section 6133, Any non -conforming outdoor -advertising structure or sign shall be completely removed from the premises upon which it is located within five (5) years from the date of the adoption of this fart,, except when such sign is part of a noh•-conforming use in an "R" district. When itis a part of a non -conforming use in an 'IR'! district, it may remain ur't i l the use is discontinued, but within five (5) years it must be trade to conform to the pro-- vl'sions applicable to such signs in the distr°ct where such use would be a conforming use: Section 6134, In all "R" districts as set forth in this Part, every non- conforming building or structure which was desig6ed, .arranged or intended for a use or uses p l-mitted in "C" or "M" districts but not in 4" districts under this Part shall be completely removed or shall be altered, convey°lied, and used as Qutf a b� Plannin j cftm t NOV 1.2 1,9K C7rovilla, i✓ali#orplq M1NutK+�1 R y t Y+r17'7".i+" "'+ 7 t,X'f^'t}?' 7S' '`"S. s5 rt` f.';""''',,m v+w r�„ ie , i t pt'h! �;'�4 T y n '��,y ti� R 23 a, structure in conformance in every respect with the provi9iona of this Part when such non --conforming buildingo ar tittucturag reach the ages specified in Section 6135 of this .Fart. Tho ate of o"ch buildings or structures shall be computed frau tho Oat; se building or structure was erected. Providedp however, that no such r©mova.l, alteration or conversion shall be required within ten (fol years from the effective date of this Part. Section 61.350 Buildings or structures defined in the Building Code o£ the County of San Mateo adopted by the Board of sup rvisors on the 7th day of Xarch, 1950, as Type T and/or Typo 11 fifty (50) years; Type TIT and Type 3V forty (.+0) years, Type V thirty (30) years, Section 6136. If a ;non -conforming use hereunder is abandon�I for a continuous period of not less than six (6) months any future use of said building shall be in conformity to the regulations speci,?isd in this Part for the district in which smid building is located. If any use is wholly discontinued ,for any reason oxc6p'c pursuant to an order of court .for a period of c e year, it shall be conclusively presumed that it has been abandoned within the tleaning of this chapter. Section 6137. No existing building designed, arranged or in- tended for or devoted to a use while lawful when such building was erected,which use is not permitted under the regulations specified by this Pert for the district in which such building or promises is located;, shall be enlarged, extended, reconstructed or stru,° Wral.V altered tmless ouch usa is changed to a_ use permitted under :,he regulations specified by this Part for such district in w! -E 4o"i said building is located; provided.,, however that the work done ba w period of 1.2 months on ordinary structural maintenance and/ot. repairs or replacements of fixtures, or plumbing not exce€�ding twenty-five W) -percent of the building's assessed value according to the assoosment thereof by the Assessor of the County for the fiscal year in which such work is done shall be perimitted, providod that the cubical contents of the building as it, okisted at the title of the passage of this Faz"t be not inerea,sedo Section 61A if at any time any building in oicistsnca or ma,;,itained at the time of the adoption of this Part, which docs not cc' ' =rm to the regulations ,for the district in' which it is locatedo shall. be destroyed bV fire, ekplosi.on, Act of Cod, or, tet of tho publi.o enemy to the extent that the cost of reconstruction, repair ing oxo rehabilitating same would amount to more than 75 per cant of i,ho assessed value the reef according to the aon6somant ther6of by the :yid Assessor for the fiscal year during which such deattuction oce.A.-d, then and without :further action by the Board of Supervisors I the said building and the land On which said building was located or maintained shall from and after the data Of Such destruction be subject to all. the regulations district in Which such 1'tiO" specified by -this fart o for the and and building are locatod, Section 6139. The foregoing provisions shall also I apply to nOn-conforming uses in districts hereafter chtInged. to Section 6140- -Nothing contained in this Part shall be deemed require any change in the plans of aV building Upon which actual. construction 14 priorconstruction or designated use as lawfully be8un to the establishment of any district Under the provisions Or this Part Which includes such building and in which district a building permit is required after the establishment of s and Upon Which building actual do such district carried on. construction has been diligently. Of Section 6141* In every case :Ln which. anyi ordin, ich. under the Provialcms take ncs of said County in effect at the date this part effect a Alc9nso or ponji t is required for t Maintaining or 0- U he establj6hingo Un e OndUcling of aiW business use and any such exists as 4 non-conformilIg Use busiheoffi Partp theii no SUoh lJo6h under the provisions of this reneW6d) reibsu Be or 'Dermit shall be-aUt- ed or extended for said busilao any issued I ss Ilse' unless and until a use perml4t as Ptovided in Chapter 21+ first have been s6dtt^ed for the co of this Part shala Or said business U866 continued maintenance or corlductng Section 6142, Where uses or structures extend beyo Periods provided I nd the time 1ded in this Chapter, and become subject ""COMfOrmlhg Uses to abatement as visors , the Planning Gomn)68s'oh Or the Boar on appoal, MSY UPOh app)tCot- I I d of guper- Provisions Of Sections 61 10h gtaht On exemption from the to 8110w continued non-coh 39 of this ChOPter fomih-,)and use PeOV ed the following red P!n8Ih98 Can be made, Id re I The use will not be injurious to the public health, safety or welraeo of the I J County or surrounding neighborhood; and 2v The use �V' not adversely affect the character OP the h surrounding oroa- and 3, The use will not create a significant impact on the envlronillent, Any Comm May be Conditioned as Planning deemed Col"'55'10n Or Board of SuporV6 aPP�OPI-ltltt� by tile ISOrs. N 24a Upon receipt of said application, the PlannitIrl Commission shall hold at least one (1) public hearing therecm, notico of which shall be given by: 1. One (1) publication in a newsp,-JO it of general cl: culation in the County within ten (10) days preccding .the date or said hearings; and 2 Mailing a notice, not less than ten (10) days prior to the date of said hearing, to property owners (as shown on the lost equalized assessment roll) within 300 :Feet of thO exterior Itmits of the p rope rty(i es) which is the subject of the exemiptii on, 19,72.010 Continuation and exter.slon. Uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in Chapters 19.02 19.76 may be continued, although the particular use of the building or structure does not conform to the regulations specified by Chtipters 19.02 � 19.76 for the district in which the particular building or structure is located or use is made, (Ftbnb County 7.8.1) '496 P Chapter 19.72 NONCONFORl11ING USES Sections: 19.710 10 Continuation and extension: 19.72.020 19:72.030 Alterations, Junk, Nvrecking or salvage yards. 19.72.0'`? Destroyed building—Reconstruction. 19.72.050 Applicability, 19.72.060 Exemptions—Public utility facilities- Generally, 19.72.070 Exeittptions- Public utility facilities— Alteration. 19.72.080 Time limitation in R zone. 19.72,090 Time limitations in all other Zones. 19.72.100 Nonconforming stems' --Removal or conformance. M72.1 10 Time limitation •-o, of land. 19.72.120 Nonconforming I Serger. 19,72.010 Continuation and exter.slon. Uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in Chapters 19.02 19.76 may be continued, although the particular use of the building or structure does not conform to the regulations specified by Chtipters 19.02 � 19.76 for the district in which the particular building or structure is located or use is made, (Ftbnb County 7.8.1) '496 provided, however, no nonconforming stricture or use. of land may be extended to occupy a greater area of hand upon which the building is situated than is owned by the property owner at the time of adoption of the ordinance codified in Chapters 19.02 19.76. if any nonconforming use is discontinued or abandoned, any subsequent use of the land or building shall conform to the regulations specified for ilia district in which such land or building is located. If no strtie(ural alterations are made therein, a nonconforming use of' a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a Use permit. If the nonconfornung use is replaced by a more restrictive nonconforming use, theoccupancythereafter may not revert to a less restrictive use, (Ord, 397 § 1217(A), 1970) 19.72.020 Alterations. Any building or structure existing at te date o the adoption of the ordinance codified in Clapters 19.02 �-- 19.70 which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless a use permit is first secured in each case or unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in Chapters 19.02 — 19.76 for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or replacements do not exceed the building's assessed valuation in any one year, as shown on the latest assessment roll of the county; (Ord. 397 § 1217(B), 1970.) 19.72,030 Junk, wrecking or salvage yards; A- junkyard' or wreclt ng yard or salvage material storage yard shall be consideted a nonconfortnitig Use in any district antil or unless the operator, owner or'lessee thereof holds a use permitin good standittt permitting such use, however, any existing business of such nature shall have One year 1'ron, the effective date of the ordinance codiiied in Chapters 19.02 — 497 P O m o C -n N provided, however, no nonconforming stricture or use. of land may be extended to occupy a greater area of hand upon which the building is situated than is owned by the property owner at the time of adoption of the ordinance codified in Chapters 19.02 19.76. if any nonconforming use is discontinued or abandoned, any subsequent use of the land or building shall conform to the regulations specified for ilia district in which such land or building is located. If no strtie(ural alterations are made therein, a nonconforming use of' a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a Use permit. If the nonconfornung use is replaced by a more restrictive nonconforming use, theoccupancythereafter may not revert to a less restrictive use, (Ord, 397 § 1217(A), 1970) 19.72.020 Alterations. Any building or structure existing at te date o the adoption of the ordinance codified in Clapters 19.02 �-- 19.70 which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless a use permit is first secured in each case or unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in Chapters 19.02 — 19.76 for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or replacements do not exceed the building's assessed valuation in any one year, as shown on the latest assessment roll of the county; (Ord. 397 § 1217(B), 1970.) 19.72,030 Junk, wrecking or salvage yards; A- junkyard' or wreclt ng yard or salvage material storage yard shall be consideted a nonconfortnitig Use in any district antil or unless the operator, owner or'lessee thereof holds a use permitin good standittt permitting such use, however, any existing business of such nature shall have One year 1'ron, the effective date of the ordinance codiiied in Chapters 19.02 — 497 19,76 to obtain such use 'permit, but if none is Obtained by such date, the use shall not have nonconforming status. '(Ord. 397 § 1217(C), 1970.) 19.7.2.040 Destroyed building—Reconstruction. A nonconforming building destroyed to the extent of more than twice the assessed value as shown on tine official assessment roll preceding its destruction by fire, explosion or other casualty or act of God, may be restored and used only in compliance with the regulations existing in the district wherein it is located. (Ord, 397 § 1217(D), 1970.) 19.72.050 Applicability. The foregoing provisions of tills chapter shall apply to structures, land and uses which hereafter become nonconforming due to any reclassification of districts under Chapters 19.02 — 19:76. (Ord. 397 § 1217(E), 1970.) 19.72.060 Exemptions—Public utility facilities Generally. The foregoing provisions shall not apply to public utility buildings and structures when such public utility buildings and. structures pertain directly to the rendering ,of service of distribution, including generating plants; distribution, Substations, water wells and pumps, gas storage, metering and valve control stations, but shall apply to structures or uses wluch do not immediately relate to direct service t") Consumers, including warehouse, corporation yards, storage yards or similar uses. (Ord. 397 § 1217(5), 1970:) 19,72.070 ExennlitionsW-Public utility facilities—Alteration, Nothing in this chapter shall be construtid so as to prevent tine expansion, increase in capacity, modernization or rrplacehient of public utility buildings or structl(res; provided, however, that any proposed building or structure, whether for expansion, modernization or replacement shall be approved by th:e planning commission; and further provided that all yard 498 requirements of the district in Which such use is localed shall be maintained'. There shall be no enlargement or Iltu site unless approved by the planning commission. (Ord, 397 § 1217(G) 1970.) 19.72.080 Time limitation in 11 zone, I'n all R zones, every nonconfortning building or structure which was designed, arranged; or intended fora use not permitted in the R zones shall be completely removed or altered and converted to a conformingbuilding, or may hereafter reach the age of thirty years (computed from the date tine building was erected), and then shall be removed or made to conform; pfovided, However, that this regulation shall not become operative until ten years from the effective date of the ordinance codified. :in Chapters 19.02 through 19.76. (Ord. 397 § 1217(H), 1970.) 19,72.090 Time limitations in all other zones. The amortization schedule for all nonconforming structures shall be as follows: A. The following time schedule is established: Time shall be measured from the date of beginning original construction: Structure type designations are as defined in the county building code. Type of Structure Types I and 11 y- Fifty years from the date of construction. Types Ill and 1V =- Forty years from the date of construction, Type V Thirty years from the date of construction, B. Minimum Period. EXcept as otherwise provided in Sections 19.72,030, 19,72.100 and 19.72.110, no structure shall be required to be removed or altered to conform prior to ten years from the date it became nonconforming under the provisions of Chapters 19,02 through 19,76. A map of all non tot, form hig uses shall be recorded along with dates of removal or alteration: (t)rd, 397 § 1217(1), 1970,) 499 CoUnlg 5.15.71) ce- . p w'19.'72,100 Nonconforming signs—R nl tontine nfoa mance the Every sign or other advertising time tl of elle adop76nrvhich dotof le osdinanc itot Coll 19.0 the proded in s ons 19,0? tllroug}i 19 , of Chapters 19,0?- through tile 19.76, prlovis ons of Chapters 119.02 replaced so as to con ears from the date of the erection of through 19.'76 within ten y provided, however, this the sign or advertising 1c effective urr ; two regulation shall not becodt11397f§c1217(J),11970) ears after the date of the adoption, (Or 19,72.110 me limitation Sett of Eland Ti(other than those- A, hose A. Every nonconforming is specified in SectiottSCorlt continued thin three yea rs from where no main elle involved, shall be dt data of adoption of the ordinance codified in CSlapters 19.0. through 19.76.ecome 13, Independent mobi eS do f landsed s residences asae1l sultltOf bZonng nonconforming any in which amendments and wln tt desliall 'tuatbeed ttallowedsttot continue residences are pi.r Any such throutllout the useful life of the facility: mobilehome which is allowe ubli deteriorate nuisance, and shall nuisanceb level is declared to be a p no 'termn�n is a removed. Removal of any ill 81 a-tl whirl nonconforming, use of land slYa ' ate all nonconforming rights and elle subject property shall thereafter be used only for o 1n c1h the subject property ince witIlthe s to of the zoning district part, anted in this section to C, Nonconforming rights �are. or (IOnW tnob'itelionias used s of id dlaiids sltallll include normal, none onformng Maintenance and ; repairs,. Main mobilehome unit is exprc owever, replacement Of 51y mobilchonie Unit est prohibited.1217(K)i 1970,) (Ord. 76=397.p 10, 1976; Ord, 397 § (Mub(l Comity 545.17) 500 19,72.120 Nonconforming lots—Merger. d Which A. Two or more coma L�dttUiider t c pravis►tlt Unit's parcels Or " of the Subdivi were originally sion Map Act or prior law regulating division of land or county ordinance enacted pursuant th ` o slialld merged pt as provided in Section 19.72i I 20(B), virtue of the fact That such contiguous lots, parcels or Units of land are held by the sante owner, and no further procecd- ings shall be required for the purpose of sale, lease or financ- ing of such lnts, parcels or units of land. ts, parcels or units of land held by the same B. 1f any of such lo owner does trot conform to standards for ntinimltnionning� size to permit use or de��clopnietit under tl county ' z subdivision or other applicable ordinance, ;trtd if at least one of such contiguous lots, parcels vlsli chtrat or land not permit has sbeen developed with a building issued by the appropriate county depvtment, agency, corn - mission or legislative body, of which was built prior to the time such permits were :required, then such 'lots, parcels or Units of land are deemed merged by operation of law for the purposes of the Subdivision hiap Act, C, Whenever the county leas knowledge that real property fitris merged pursuant to tills "section, it shall cause to be of such cd for record within a reasonable time froof m acquisition knowledge with tlle recorder notice names intention of ilia record to record a notice of mergLr specifying the real. property, and owners, �pat'ticularly describing further setting forth the time, date and place, no less than thirty days from the recording of tie notice or intention to record notice of merger, at v,"]tient the owner ratty present evidence to tile g commission why such notice of merger should not be recorded 1, if the substandarrl,rontiguous lots under common owner= ship may be merged ill More than one way and comply with county toning, subdivision and other applicable ordinances, mergers by lot combination shall conform to any configurationWhich the property owners) may request if, and only if, the folloyving rrey:tirements can be satisfied; 500'1 (mono coulit:y 1D t31) c mergers by lot combination must be a, The proposed effected by utilization of existing lot lines, ,I rte parcels so created must meet all prescri ed b, minimum standar dssut er aPmatedl etarea, lot. menu, inrluding width and access; c. rigergers of such contibguo'ot combination substAlidard lots ynnot common ownership y result in the creation of more than lour ,parcels; and d, The property owner shall !submit rs by lot map lrcorr `ikll'y delineating the proposed g prior to the noli�.ed tion on or before fifteen days p Tanning cotnmi��- hearing before the Mono County p cion an the intentio btol�tcaombinat on do nothe- notice of meet 2. 1C the proposed mergers each and every requirement as speei ied in subdivision 1 above, then each of rsltii cshall be$rtergedndard into lots one Ono - 'under common ovine p parcel Which sliall not thereafter be subdivarcel oorrstltr purpose of sale, lease or finance except o p Act and division map pursuant to the Subdivision Code enacted the provisions of the Mono County pursuant thereto, D, Upon recording of the snot ieyonteresti�n the noticed lofts, of merger, no fransfe occur unless and until the parcels or units of land may decisio n, ' g and has planning commission has held t}te noticed hearth tmisson rendered its Upon deterrnination of merger, the Planning con shall cause a notice Of merge theorl;eseof rt to ownded ers of county recorder setting parcels, grid units Of record and a description of tltlio merged parcel shall not land which have. been nicrged. thereafter be s�►bdursuantfto 'the purpose too ions of the Subdiv financing except p Sion Map Act and the provisions of this crude enacted Pur- Sion sunlit thereto, t be 1? Upon detetniination that �otnittiisisiontsitall crttiselta rlelertse of merged, the Plannut6 merger to e notice of intention to record notice of ri (Mann County 16.61) 500=2 recorded with the county recorder settilitl forth the names of the oNvners of record and a deceription of` the lots, parcels or units of land which were tile. subject thereof. G. individual lots, parcels or units of land which are noncon. form�ng as set forth Section) that would 1p eclude merger here- under separate Owners"'t itted all uses in the district in which under shall be perm that Height, yards, distance be - same are located; provided, tween buildings, lot coverage, off-stNet parking, and other zoning and property development requirements shall be applicable. ro rrt 1i. The provisions of this section are applicable for excl Ll designated in the Mono County g n�„ti�lr ntial use, including all property zoned as fol'10ws s, 1':urixi ; obtlehotric CR -M -H) x, 1�uwi r., idential (R R); 3, One -family residential (R-1); Tan R -1 -CI'); 4. One -family .:d�l r,ommuntty p 5. Duplex residential (R=2); �la*i R_2>(`['), 6, Medium density t sidential community g ( 7. Multiple family r sidential (R-3); 8. Multiple family residential community plan (R-3"CP)l 9, High density multiple family (R-4); 10,Affordable hotisitig (AH); and 11, Such other zoning districts which may be created to allow exclusio t0s'de itial 0rdse81-397-Z § 2, 1981; Ord. (0 rd. 81-397-131) § 81.397-X § 21 1981; Ord, 397 § 1217(Q) 1970:) 50043 (Mono county io•tit) Section 87.2001 GENERAL PROVISIONS The regulations in this chapter shall apply to 111 existing nonconforming buildings and uses Section 87.2045 CONTINUATION 0 1 F 0NONCONFORMING USES (a) Uses existing under valid land use permits issued in oonformanoe with the provisions of the Development Code shall be considered ` conforming uses, except that this shall not preclude their becoming nonconforming due to reclassification of land use districts or 7 -,Ig distriots under this Code, , D7 � 5g h NONCONFORMING 87.2001-87.2005 BUILDINGS AND USES ,uffaCo. Planning Comm. NOV 1 1982- Oroville, Calitorna r , (III) Communications (General): Typical uses include telephone relay (microwave), telegraph transmission and towers receiving stations, radio and television transmitting stations and towers. (2) Building Types (A) Residential .(I) One-family Dwelling (II) Group Housing , (III) Independent Mobilehome (B) Nonresidential (I) Enclosed (IT) Open AwS (III) Drive-In (3) Accessory Use Types _(A) Residential (I) Caretaker Housing (B) Signs (I) (Same as Public District) :,HApTER 20 NONCONFORMING BUILDINGS AND US88 Section 87.2001 GENERAL PROVISIONS The regulations in this chapter shall apply to 111 existing nonconforming buildings and uses Section 87.2045 CONTINUATION 0 1 F 0NONCONFORMING USES (a) Uses existing under valid land use permits issued in oonformanoe with the provisions of the Development Code shall be considered ` conforming uses, except that this shall not preclude their becoming nonconforming due to reclassification of land use districts or 7 -,Ig distriots under this Code, , D7 � 5g h NONCONFORMING BUILDINGS AND USES 87.2010-87.2015 (b) Any legal nonconforming building may be continued and maintained provided, there are no structural alterations, 'except as provided below in Sections 87.2003(b) and 87.2004, (c) Any legal -nonconforming use may be continued provided there is no increase of the space devoted to such use. Section 87.2010 TERMINATION OF NONCONFORMI"'^ USES (a) Any part of a building or land occupied by a nonconforming use which is changed to or replaced by a use conforming, to the provisions of this Code as they apply to the particular district, shall thereafter be used or occupied only by a conforming use. (b) Any part of a building or land occupied by a nonconforming Usei' which use is discontinued for one hund rerl and eighty (180) days or more, shall thereafter be used in conformity with the provisions of this section. The provisions of this section shall not prevent the reconstruction, repairing or rebuilding and continued .ase of any nonconforming building or buildings damaged by any natural or man—made catastrophe subsequentto the effective date of this Code, wherein the cost of such reconstruction, repairing or rebuilding does not exceed seventy— five percent (75%) of the reasonable value of such building or "1 buildings constituting a single enterprise at the time such damage occurred. See w ,oii 87.2015 REMOVAL OR ALTERATION OF NONGONFOREaiAG USES IN RESIDENTIAL DISTRICTS (a) In all Residential Districts every legal nonconforming building Which was designated or intended for use not permitted in such district shall be completely removed or altered to conform structurally to the uses permitted in such district within a time fixed by the Countywide Planning Commission Subcommittee and approved by the Board of Supervisors. Such time for removal or alteration may not be fixed for a date before the expiration of ch building as found by said Subcommittee the normt4. life of su and Board Such fi rding t time aitnormal life of a nonconforming and the fixa g removal or alteration may only be made after notice to the owner. (b) Before said Cohamission makes it final. determinat'iuni the County Planning Commission Subcommittee may at its option ho'l.a a public hear Ing 07 — 60 (9/16/82,) r [a NONCONFORMING BUILDINGS AND USES 87.2020-87.2025 (c) An order for removal or alteration shall require such action on a date no less than five (5) years from the time such an order is made. It shall be the duty of the Planning Director to give the owner of the building affected written notice thereof Uiloddiately upon the order becoming final and again not less than ;sixty (60) or more than ninety (90) days prior to the date such. removal or alteration is required to be completed. `.ection 87.2020 NONCONFORMING COMMERCIAL CHICKEN RANCH (a) Any commercial chicken ranch legally existing in a Small Agricultural District or A-1 District at the time of a district change to a residential district may thereafter continue in operation and expand the flock to the full limit and extent sof , chicken houses, cages, brooders and similar appurtenant Structures existing on the premises at that time, provided that a certified plot plan shall be filed with the Pl.anning Department on the change of district.. (b) In the event such a commercial chicken ranch desires the addition of chicken houses, cages, brooders or similar structures beyond those existing as enumerated above, a Site Approval is required. Se��iotl787: ( The legal l nonconforming use of Land where no structure is a) existing at the time the Development Code became effective, may continue for a period of not more than ten (10) years therefrom, provided (1) Nonconforming use of land will not in any way be expanded or extended either on the same or adjoining property: (2) Nonconforming use of land existed at the time the Development Code became effective. If thereafter discontinued or changed, it may not be reestablished; any future use of such land shal be in conformity with the provisions of the Development Code. (b) Any legal. nonan arming commercial signs and billboards existing at the time this Code became effective may be continued, although such use does not conform with the provisions thereof; provided,. however, that all such honconfor►ning signs and billboards and their supporting members shall be completely removed by their owners not later than five (5) years from the effective date of this Coders D7 61 (10/21%82) arm 0 V NONCONFORMING BUILDINGS AND USES 87.2030 (c) The forogoing provisions shall also apply to buildings, land and uses which hereafter become nonconforming duo to any reclassification of districts under this Code. Section 87.2030 ALTERATION OF NONCONFORMING USES (a) A legal nonconforming use may be altered after tM6view by the forth Planning Department in accordance with the provisions set in Section 84.0350 (b) Any alteration required by governmental or court raobion shall be exempt from these conditions; (c) Restrictions and conditions affecting a nonconforming use shall be apply to the existing use, land and, structures and shall trot affected by ownership changes. 07 - 62 e TYPES OF LAND USE APPLICATIONS r G BUff@ CO. PlM1F1R•,9 COMM, NOV 1 1982 OroAlle, �- ;fota;(a 84.0350 {?) That the improvements as indicated on the development plan are located in such a manner as to be properly related to existing and proposed streets and highways., (3) That I,he improvements as shown on the "evelopment plan are consistent with all adopted standards and policies as set tort's in the Development Code or-iny applicable community plan. (4) That th loposed use is coasistent with the goals, policiest, standards and maps of the General. Plan, or any applicable communit} plan or Specific Alan. 6ai�'�lr�i�,1i(dt7delw-IMaP jW-C-1-90yod C A �•wY j�,yt`y F (a) A nonconforming use may be altered trj accommodate a new structure or accessory Use except where it is %n existing nonconforming use Of land with no structure thereon emrloyed therefor, (.b) The Planning Department shall revi,,,w and act upon requests to alter nonconforming uses. (c) Procedure: Administrative Review (d) Before any modification in a nohOor'forming use may be granted, it shall be found that all of the following conditions shall exist in reference to the alteration beinE, considered; (1) The remaining normal life of the nonconforming use shall be determined pursuant to Section 87:2015 prior to consideration of the proposod alteration if in a residential. district. (2) The proposed alteration shall not prolong the normal life of the nonconforming use, (3) The alteration of the nonconforming use shall not be detrimental to or prevent the attainment of objectives, policies, general land Use and programs specified in the General Plan. (4) Thegranting f permission to alter the noncohforming use shall -not be substantially detrimental to the public health, safety or Welfare Oi injurious to the property or improvements in the vicinity and district in whish the use is 1'ocated. 154 19 TYPES OF LAND USE APPLICATIONS 34.0355 (5) The alteration shall not change the primary Use of the land (10/21/82) 04 - .20 , or increase the intensity of that use. (6) The existing nonconforming use shall comply with all other existing County regulations, including but not limited to those applicable to and enforced by the County Department of Environmental Health Services, Department of Building and Safety and the County Sheriff's Department. (e) Any ;alteration 'required by governmental or court action shall be exempt from these conditions. Section 84.0355 HOME OCCUPATIONPERMIT (a) Home Occupation Permits are intended to provide for commercial uses associated with a residence in those cases where that use. will clearly not alter the character nor the appearance of the residential environment. (b) The Department of Environmental Health Services shall review and act upon requests for Home Occupation Permits. (c) Procedure! Staff Review With Notice. (d) Prior to approving a request .`or a Home Occupation Permit, the reviewing, Iuthority shall find that the proposed use shall meet the following' criteria: 0 ) All employees shall be members of the resident family and shall reside on the premises. (2) There will be no direct sales of products or merchandise. (3) pedestrian and vehicular traffic Will be limited to that normally associated with residential districts. (4) The home occupation shall not involve the use of cammeecial Vehicles for the delivery of materials to or from the premises beyond those commercial Vehicles normally associated with rebidential uses. (5) Up to twenty-five percent Q5%) of the living space or two hundred fifty (250) square feet, whichever is greater, of the home may be used for storage of materials and supplies related to the home occUpation; (b) There shall be no outdoor storage of materials or equipment, nor shallmerchandise be visible from outside the home, nor (10/21/82) 04 - .20 , � i 1 SECTION 876 NONCONFORMING BUILDINGS AND USES Buife Co. Planning Csxh,,p. 1140V 1,* 1982 Oravillo, Chlllotnia Nonconforming buildings and uses shall be those buildings and uses lawful When established but which do not conform to subsequently established zoning or zoning regulations. It is the intent and purpose of this Section to declare such buildings and uses to be nonconforming, for the purpose of protecting the public health, safety and general welfare, and to regulate their further use under such nonconformity. A. NONCONFORMING BUILDINGS_ 1, Maintenance Permitted A nonconforming building or structure may be maintained, except as otherwise provided in this Section. 2, Repairs Repairs may be made to a nonconforming building or structure,. However, no structural alterations shal'i be made to a building or structure which is nonconforming as to use regulations, except those required by law or hereafter provided in this Section. (Amended by Ord 490.148 adopted 4-17-78) 3i Additions Enlargements a. A building or structure nonconforming as to use or lot area regulations may not be added to or enlarged in any manner exceptt (1) Any such nonconforming building or structure may be added to or enlarged if such nonconforming building or Structure and the additions and enlargements thereto and the use thereof are all made to conform to the regulations of the district in which it is located. (2;) A nonconforming residential building in a "C"' or "m" District, Which is ordered to be repaired pursuant to the provisions of Chapter 15.32, Title 15, of the Fresno County Ordinance Code, may be added to or enlarged, modified or repaired to comply with the minimum requirements of the provisions of said Chapter 15.32. (Amended by Ord. 450.168 re -adopted 4-24-79) (3) A minor addition to or enlargement of a nonconforming building or structure may be permitted subject to the Director Review and Approval Procedure in Section 812, if the Nonconforming Buildings and Use's 478` Section 876 addition doesnot exceed ten of the existing nonconformingbuild pnrGent of the floor area not extend the amortizatiog• Such addition shall building. period for the nonconforming (Added by Ord, 490.148 adopted 4-17-78) (4') In an "M" District I istr ct, an addition or nonconforming residence may be enlargement of a Director Review and A permitted subject to the addition does Approval' Procedure in Section 872, if the floor area of the existingxceed nonconfor ive(25 floor area contains less than o ) percent n the orming residence and the (1,100) square feet one thousand one hundred residence containing prior thaneXones�ihousand one' A nonconforming (1,100) square feet of floor area .prior to expansion shall be limited to ten (10) percent and subject to 876-A.3.a ) above. Such addition shall be based upon the original floo� area of the residence and approval of n shall such ad not he nonconformingt* extend the amortization period of tbuse. (Added by Ord. 490.168 re -adopted 4-24-79) b A building or structure nonconforming as t shall not be added to or g o height regulations enlargement conforms to all the enlarged of the district unless such addition or which it is located; provided, that the total aggregate floor in included in all such separate additions or enlargements exceed fift r area. y (50) percent of the floor area of the shall not said building or structure: ground floor of C. A nonconforming building, ret, u l at i ons, may not be ed to or enlarged only In any to the the additions or enlargements conform to all the re u yard y manher, unless the district in which they ai^i located 9 lationt of said additions or enlargements may be located in a required if they do not encroach into an Prov�dn however, that gryeater extent than the existing nonconforf an dyaryard therein, but in no event shall any y required yard to a reduce the width of a side ming building encroaches y such additions or enlargements Yard to less than fife Yard or the depth of a front or rear regulations of the district in inewhech f that required by the yard total of all such additions or enlargements so encroaching t .. s lacated and the any required yard shall not exceed in height in o or length of that portion of the adjbirli gtn�an onformin �buie h Which OXtends into the same, required ,hard, g building 4. gemoyal a, The folloWi`ng nonconforming buildings shall be or altered acid converted to a conforming building,, lstructurel removed use when buildings or structures have reached, or may and ages specified in Section 876�A,4:b hereof; y reach; the NoncohforMing Buildings and Uses 474 Section 8766-A (1) Commercial or industrial buildings in residential districts when not specifically permitted therein. (Amended by Ord. 490;168 re-adopted 4-24-79) (2) Residential buildings in "M" Districts when not specifically permitted therein, b. The following t limits shall be a.pplied to the buildings or structures spier,ii gad in 876-A.4.a; (1) Type I and 11 construction - forty (40) years (L) Type III and IV construction* - thirty (30) years; (3) Type V construction - twenty (20) Years; , * as defined in the Uniform Building Codes. The period of amortization shall begginer tonn he ile dive te the builOf ding first became nonconforming on or of Division The time table his is deemed to provide for the amortization of the affected buildings. C. When said nonconforming building is removed from the land, at or before the end of the amortization w th od heeVery Tuture s of building th and use shall' be in conformity Division, d, Repairs necessary to maintain amortization nonconforming period etsforthnoi`n be construed as lengthening the paragraph "b" above C. NONCONFORMING USES OF BUILDINGS 1. Continuation and Change of Use a The nonconforming use of a conforming1 date of building or structure shall be discontinued within five. C yearsars from after the dates the fuse becomes ke this Division, or five (5) y nonconforming, whichever date is later- b. aterb. The use of a nonconforming building maybecos he use for d to anotheh use which is permitted in the same district the building or -structure is designed and arranged, except as hereinafter provided IN11 "C"_ or residentill districts, the use of any C. In the i be changed to any use which is nonconforming building may permitted i► a more restrictive district, The sequence of said districts the first being the most restrictive and the last being the least restrictive, is as follows; R•A, R-I-A, R-1-0. R-1`B Nonconforming Buildings and Uses 475 Section 8768 2. Expansion Prohibited nonconforming use of a building orstructurecturxtended conforms use regulations shall not b exp r sexcept portion of such conforming building u i ding nonconforming ease���yr portion thereof to a conforming use. I is discontinued or changed iigirathe�eof shallorming sbe inconfiormityuse w�thsuch the buildina, structure or p regulati-)ns of the district in which such buildings or structure is located. C NONCONFORMING USE OF LANG 1, Continuation - t.imitation a. The nonconforming un�e of land, shall be dnivQsionueor within five five 5 years from the effect've date of thisto each of 5) years from the date the use became nonconforming, the following cases, (1) Where no buildings are employed in connection__ with such use. (2) Where the only buildings employed are accessory Or incidental to such use. 3) Where such use is maintained in connect -ion with a conforming ( building+ b. A nonconforming .use of land which ronformeing rbuildingldental shall be the nonconforming use of use of the discontinued on the same date the nonconforming building is discontinued. c, Except as provided in paragraphs "a" and "b" above,ub,ject the nonconforming use ofland may be continued, but shall be s to the following limitations: (1) Such use shall not be expanded or extended in any way either on the same or adjoining land, 476 Section 816-0 Nonconforming Buildings and Uses F• C.p, c-], C-2, C-3, R -1-C, R-1, R-2� R-3, R-4, ' conft�r"tt��ng a non C-4? C-6, C-R, building is C -M, M_1, M-2, M-3. When the use of ermitted in a r restrictive changed to a use which _s building shall l district, such nonconforming i$ only in not thereafter be a les:; restrictive reoccupied by a use which permitted district. (Amended by Ord. 490.158 re -adopted 4-24-79) d. Any nonconforming building which is vacant for not thereafter 41 continuous period be occup edrri� epn of more than one (1) year shall which conforms to the regulations of t � by a use which such nonconforming building is located. 2. Expansion Prohibited nonconforming use of a building orstructurecturxtended conforms use regulations shall not b exp r sexcept portion of such conforming building u i ding nonconforming ease���yr portion thereof to a conforming use. I is discontinued or changed iigirathe�eof shallorming sbe inconfiormityuse w�thsuch the buildina, structure or p regulati-)ns of the district in which such buildings or structure is located. C NONCONFORMING USE OF LANG 1, Continuation - t.imitation a. The nonconforming un�e of land, shall be dnivQsionueor within five five 5 years from the effect've date of thisto each of 5) years from the date the use became nonconforming, the following cases, (1) Where no buildings are employed in connection__ with such use. (2) Where the only buildings employed are accessory Or incidental to such use. 3) Where such use is maintained in connect -ion with a conforming ( building+ b. A nonconforming .use of land which ronformeing rbuildingldental shall be the nonconforming use of use of the discontinued on the same date the nonconforming building is discontinued. c, Except as provided in paragraphs "a" and "b" above,ub,ject the nonconforming use ofland may be continued, but shall be s to the following limitations: (1) Such use shall not be expanded or extended in any way either on the same or adjoining land, 476 Section 816-0 Nonconforming Buildings and Uses i (2') Such use shall not be changed-, except to a use which conforms to the regulations of the district in which such land is located (3) If such use is discontinued it shall not thereafter be re-established. D. NONCONFORMING SIGNS AND ADVERTISING STRUCTURES Signs, billboards or commercial advertising structures which do not conform to this Division but which lawfully existed and were maintained on the effective date of this Division shall, within five (5) years after the effective date of this Division, be removed or made to conform. During the interim five (5) year period, said nonconforming signs, billboards and commercial advertising structures shall be kept in good repair and visual appearance and no structural alteration shall be made thereto. E. NONCONFORMING FENCES, HEDGES AND WALLS Fences, hedges and walls which do not conform to the corner cut-off provisions of this Division shall, within three (3) years after the effective date of this Division, be removed or made to conform. F; NONCONFORMING OFF-STREET PARKING AND LOADING SPACES Where off-street parking oe loading facilities do not conform to the provisions of this -D W sion, or where no such facilities have been provided. For buildings constructed prior to the effect-ive date of this Division, such building shall not be expanded nor may additional facilites be provided within said building until after the requirements for off-street parking and loading space shall have been Complied with for those facilities added or enlarged, This Section shall not apply to members of a duly formed municipal parking district,. G, REVERSION OF NONCONFORMING USES Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use. H: RECONSTRUCTION OFA NONCONFORMING.BUILD'ING The provisions of this Division shall not prevent the reconstruction, repair or rebuilding of any nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of this Division, provided that the cost of such reconstruction, repairing or rebuilding shall not exceed fifty (50) percent of the reasonable replacement value of the buildibappraiser,immediately prior repair, or rebuilding, shalif of g y prior to the daMaget as deter y qua p � 11 not be construed as lengthening the amortization period set forth in Section 1376-A.4,b, above. Nonconforming Buildings and Uses 477 Section 8164 I. ELIMINATION OF J. 1< . ARY NONCONFORMING'_I IDENTIAL BUILDI1' 1 IN THE �dhe�re an accessory structureof a apo ary basis exnstsconsarlotuindany nature or being used for dwelling purposes ontemporary residential district, and th e district in�which said lot ai's located may be dwellings as permitted in the erected on said lot, provided that the County for they use ayof the ernewly granting of an occupancy p y constructed building, the temporary dwelling shall 'be made to conform with the provisions of the district or shall be removed. NONCONFORMING USE. UNDER VARIR CONDITIONAL USE PERMIT es and buildings which are existing or Those nonconforming usauthorized under a VarianceSpecial or Conditional Use Permit granted under this or cntinuunder the any previous ordinance shall bepeniii Permite and regulations imposed in said or oVariancee except that nany luse and ject to ll red permitted by Variance shall be co�.h'seexceptionll is declaration arab nbof existing the provisions of this Section. law. (Amended by Ord: 490.89 adopted 6-12-73) 1. 2, 2 AND OWNER APPEAL PROVISIONS When a building or use is determined tod of no chnf termnaby the Director, the property owner shall be notified writing by certified mail, which notice shal'1 contain the following information: (Amended by Ord, T-252 adopted 12-9-80) a. Identification of the nonconforming building or uose, dthe dat atef that it became nonconforming, and the exp amortization period. he b, The applicable provisions of this Section o�zaaan f the Director in fixing the period for nonconforming building or use. c A statement that the landowner may appeal the D`irector's determination, to the Board of Supervisors and the effect of not filing a timely appeal, The determination of the Director shall be i al nets a so`ard Witten WE is filed by the landowner with the sixty (60) days of the date of mailing the notice of the Director's determination, The Board's decision shall be frinal swithinppeal therefrom is fis ailed with h a court of competent jurisdiction the Board renders its decision. DU 876A and Uses 478 Section' 876A Nonconforming 19 • 4. The failure of the Director to notify a property owner of a nonconforming building or use, ,hall not affect the validity, legality or amortization period of such building or use, (Added by Ord.. 490.148, adopted 4 -17 -78) - Section 876-K ORDINANCE No. 1212:71 ORDINANCE No; tZ,27T An ordinance amending Ordinance Na-149?,the Zoning Ordinance, relafing- to. nonconforming uses The Board ofSupert ;ars Of the CounfyofLos Angeiesdoordain otlavr, Section T. The tiftec 4rticfe 9Of ChapterSOf Ord, aance NO 7494, tastollohe w. ing:Ordinance, ITamenoed to read, il ARTICLE (CHAPTER 51 NONCONFORMING USES.. BUILDINGS AND' TRUCTURFz Section 2 Sect.cttSO4:I of the Zoning Ord' rinreisrenumberet as Serf,nn So Tand amende.:toread: SECTION 1-.s3 NONCONFORMING USES. Butt DINGS ANO STRUCTURES DEFINITION OF TYPES As used. in this Article the expressions "Type, 1. ryM., It. type Ill. Type l5` and Type V building- are used as defined in Part V. ChaptRrs 17 through 22 of ,aid Ordinance Na 225(BulldfngCode) Section s Section SEW 2 of the Zoning Ordinance is renumbered: as `.v -r licit 507 T and amended to read SECTION 509.1 NONCONFORMING USES. BUiLDfNGS AND STRUCi URES•REGULATION OF The following regulations shalt apply, to all nonconforming; uses and to all bulldingser structuresncnconfarming due to use andR or standards as v ec,fied herein: A. Confinuallorr. A nonconforming use or a buifding or structure nonconforming due to use and/or standards may be continuously malntain,�dprovlded there is no al tr a, tion; entargementcr additlan to any building or structure, no-ircreaseinoccu, pant load; nor any enlargement of area, space or volume cccupled by . or devoted to suchuse exceptas otherwise provided In itis ordinance. The area of ar permlt the additlein of laud, buildings ar structures used inconlunctran v,itia a nonconforming use or a. buildingor structure. nonconforming due to use and/or standards except - I To, thel extent required by asubsequently enacted or subseq:tentty adopted4,w,ordinance or egulation.andthedirectorsofirrits Such additions. as are permitted by this subsection shaft not be construed to extend the ler, mi rat c i date of t!;e subject noncc.,(orm(ng use or abuitding or Structure ndn conforming due tit use 2. Additions may be made too building nonconforming due to use ardor standards which is desigred'for and used as a residence w tt:cut requiring any additional 5arage, carpartz Parking space or driveway paving, provided that such additions neither increase the number of families that can be housed In suchstructure, nor occupy theonfy porfisn of an are which can be used for re- qufred garages, carports, parkin sQac- ac_ els iherefa C. Additions to a. Building 5'rccts:.e!„ten;crrrrrgt]?�L+aStana#ards. Additions maybe made: to a buird ng rr st-icture. n3n,:chforming due to standards which Ts not in vlalal.:n of any Provisions cf this Ordinance and 4 nonconforming only because it does not meet file follOwing' standards of development as provided herein 1. Yards provided su& add' ;lion cr expans'en is developed pursuant To the yard requiremertts of this Ordinance Z Building height li-nirs,Lot not 'including flOorarea ratlaormaximum lot coverage provisions, provided such addition or expansion I, deve`oped pur- suant to the height requirements of thls Ordinance. 3t Development c automobFte parkirrf faciltfies inctud)ng width of ecce s and paving; tmprovementand landscaping of parking areas pravided'suctt ad; ditlonor expansion shall ftedevetoped pursuant to the provisions of Article 3 (Cttapfer 7) o this Ordinance Where the-'umtxr of parking spaces provided prtor tasuch add il(on insufficient to comp{y with' said Article 3 atter suet, ex pansion, the existing devefepment of such parking tai ilities shall ue deemed fo comply with this subsection s. Such additions as are Perini Itedby this subsectfOn shaUna t be constructs to authorize the modificattotl of any proviston of this Ordinar4e •tor extend the terminat)an date of fhe subject nonconforming us,-. M Conforming Uses in a Building ar Structure Nor..onfcrmmg Due to Stan dards Other Than Parktna'. i inwhich It Is located, subjei use as specified in the zone - ii i..-- nrunaiwns-no commons govern, ing such use as specified in the zone. F Buildings or structures, (Or which a valid building permit has been, issued. prior for the effective date, or operative date where later, of this Ordinance or any amendment thereto making such build19 or s'ructure rcnconforming due to use andior standards, may be competed and eased in accordance with the provWcnsct thisOrdmencepravided- T. That such censtrt._tim or the proposed a.se of such building or structure undercorstructlon is rtat invfofation otany Other ord;nancedr I<rvaf saideffec five or operativedafe; and 2 That such building or structure is..comyfeledwithin: *One (1) year from said effective or operative dateeft'two, elf stories IT'Cess in. height and rrat more than seventy iheusand (20,0}0) square feel In hoer area, except ihat'one (1) additional month shall be permitted for each fifteen thousand (15.000) square feet In excess of sald:seventy thousand (70;0001 square CeeL b. One and cnehaff (I 112) years from said effective or operative date. it threer (3) to six (6) stories in height and: not more than one hundred. thousand 000,0007squarefeet in floor area, except that one (7) additionatmonth shalt be permitted for each t1(feen thousand r1)SAtrsquare feet in excess of said one hundredthcusand f 100,(0) square feat. more its helgt and not more than c.Two (2l'years from said one hundive or red fifty erativehot thousand 50,0effseven 0G) squastories me feet in floor area: except thatgne (1) a:c'ltlonaf month shelf be permitted for Mctsfi(feen thousand 115,000) square feet In excess .ofsaid'onehundred fifty` 'housand (150,0W) square feet. 3. Tnatsuch buildingorstructure is completed in accordance with theptans and specifications on which such build,- nermit v,ac to:„e it =nCenforming due to use andror standards destroyed. may be res'a,-; d,tu the condtion in to the occurrence of such damage or desfruc F tIle current assessment roll Immediately prior tothe fimeafdamagbar destruction, or b. A narrative appraisal prepared' by a certified.member of a. recognized professional appraisers'crganfzation. provided Ihatsuch appraisal is fir -'sub- mitted to and approved by the Director; Submfssion-of an appraisal shalt be ar the OPtion of the applicant. Inverifying the accuracy of the appralsal'submi t- ted: the -Director may request additional stppo-ting Information from the appli• cant and/or conduct'his own investigation including a request for technical assistance from; any source whictc In his opinion: ,an contribute information necessary to -complete such evaluatiart Further, the Directcr- may also -obtain an independent narrative appraisal Of the applicant's property in: order to verify the accuracy of the appraisal submitted' by the applicant, Whe2e a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the Director's request the Director stray, at his discretion de ermine the market value of the applicant' s properly bored on the evidence o” $uiie Co..Planning CQrnftl. NOV 15 198?_ otO'jiller.-vr'iafiiorri3a 2_ Thal aft reconslructicnshalt be startedwithin one (1) year from thedate of damage and be pursued dlilgenf ly fu comptefian_ H. Maintenance of Buildings or Structures Nonconforming Due 3a Use, - When maintenance or routine repairs within any twelve (12) month period exceed twenty jive percent M%1, of the current market value of a buitdi-9 Or structure nonconforming duefo use; ora building or structure nonconforming duelo standards which is subject to termination by operation of tawas specified to Section 5'.1. 2 (B), such building or structure shalt be made to conform to the requirements for new, buildings or structures as specified by this. Ordinance. This provision doesnot apply to additions permitted by this Article orto Section 707 tri of this Ordinance. Market. value shall be determined by the method. 1wt ified in subsection IG) of this Section I L Imitation on Additional Development, No new use, building or structure shall be developed on any lot or parcel of tandcontaining a nonconforming use or a building orstruclure nonconforming due In use and/or standards unless: the following conditions prevail. I Triat each existing and proposed use, building orstructure, Including ap purtenant structures, Improvements and open space, will be focated"on a tot Or - parcel of land having the required area as provided to Article 2 of Chapter 7, and I That such tat or Parcel of land can be divided into smaller lots or of land each of which 1vhen constdei:ed as a separate lot or parcel of land will contain not less than the required area; and. ?. That each such tot or parcel of land sodiuided Into smaller ictsor parcels of land will comptywith the requirements of this Ordinanceasto the number and, location of sfructures. he provf5f3ns of this Section shall not be construed to extend the termina• lion date of such nonconforming uses, buildings -and structures. Section 4. SectioaW.3ofthe Zoning Ordinance isrenumbered Sectfon504.2: and amended to read; SECTION 5092 NONCONFORMING USES, BUILDINGS AND STRUCTURES -TERMINATION- OF The following reguiations shall apply to all nonconforming :uses and build ng,ard structures nonconforming due to use, andta buildings and.struc turesnor,conforming due to standards asspecitled in this Section_ A Terminalionby Dlsccnlinuance. Discontinuance of a nynConfarminguse or of the use of a'building or struc lure nonconforming due to use and/or standards as indicated herein shall fm mediately termtnalc the right to operate or use such nonconforming use, building. or structure, except when extended as otherwise provided in this Or dinance: I Changing ticniicnfarmirg use to a conforming use 2 RemavaPo€6buldingcrslructurenonconfornnngdue touse andorsfan- dards 3. DiscanNnuaece st a nonconforming use or use of a building; or structure nancenterr-.47g due Cause for a consecutive period of two (2) or more years. 4 Discontinuance of the use of a building or structure nonconforming due, to: standards, in those cams where such building Or structure is subject to tegmina tion by operation of tavr as specified in subsection (B)(2).. for a consecutive period' of, two fit) or more years. B. `rermination by Operation of Law, Nonconforming usesand buildings or sfroctures nonconforming due to use. and these buildings or structures nonconforming duetastandards enumerated in this Section, shall be discontinued and removed from their sites within the lime Specified In this Section, except when extendedor revoked as otherwise provided In Ibis Ordinance J. in the case of nonconforming uses and buildings or, structures nonconfor ming due to use - a. Where the property is unimproved, one (1) year. b. Where the preperty is unimproved except for Luildings or structures of a lyp efor which said Ordinance Nc.2225 does not requireabutk2--:.nermit,three (3) years. c Where the property Is unimproved except for buildings or structures which contain less than one hundred (100) square feel of gross floor area, or where such buildings or structures have a total market value of five hundred dollars (SSDO) or ]els as reflected by the current assessment roll, three til years. it Otttdoeradvertisingsgpis: and strracturmfive (3)yeam e. Where a nonconforming use is carried on in 3 conforming structure, In e (5) years except where the provisions of s0section (C) apply, f to other cases twenty (20) years from the effective date or operative da*e where later of the ordinance cramendment thereto establishing said nancamor ming status, and for such longer time so that the total life of the structure tree the Nate of construction, based on the type of construction as defined by the Building Code, wilt be as follows (1) Type IV and Type V buildings (light .incombustible: frame' and wood frame] used as, (a) One•famify dwellings, two family dwellings, three•famlly dwellings. apartment houses andreiher buildings used for residential occupancy, thirty- five (35) years; (bl Stores; and factories, cwentyfive (25) years; let Any other building not herein enumerated, twenty-five (25) years. (2) Type III buildings (Peavy timber constriction and ordinary masonry, used as, Cal Ono- family dwellings, fwo-family dwellings, three family dwellings, apartment houses, offices and hotels: fcrty 440) years: (b) Structures with Stores below and residences, offices or a hotel above, forty (401 years; (c) Warehouses, sta. es and garages, forty (40) years; (d) Factorlesand'industrial ,buildings, forty(40)years. (;)' Type I and Type 11 buildings ( fire resistive) used: as (a) One -fancily daetfing, twa-family dwellings, three-family dwellings. apartment houses, offices and hotels, fifty (50) years. (b) Theaters, warehouses, stores and garages, fifty (50) years. (c) Factories and Industrial buildings, fifty (50) years. 2. to the case of buildings or structures nonconforming, due to standards; v. Signs as follows; (I) Signs as prohibited by Section 707.3of Article 7 of Chapter 7, ninety (901 days: (2): All other-,gns and slgnstroctures exceptoutdoor advertising signs. :tett (10) years - SectionS.'Sec€ ens509 4 tnroagh 509.6 of the Zoning Ordinanceareamended to read SECTION S09.4= NONCONFORMING USES, BUILDINGS AND STRUCTURES -PUBLIC USES. Anypub!:clyoymed nonconforminguse or building or structure nonconfor ming due to use andfcr standards, Including but not limited to, schools, col- leges, parks, libraries, fire stations, sheriff stations and other pubiicsites, may be added to, extended or altered it such add( dons,:•_ienslons,oratterationsdo: not extend beyond the boundaries of the Original ,ire established prior, to the time approvalwe, required: Nothing in: this Ordinance pertaining to nonconfor SECTION 509,5 NONCONFORMING USES, BUILDINGS AND STRUCTURES -PUBLIC UTILITIES. Any buile ig or structure of a public ufifity made nonconforming by the provisions of this Ordinance, iiactesl'ng equipment or other facilities necessary for operating purposes, but exdudEngaff cm service centers oryards, may be added to, extended orailered, provided there Is no change in use or enlarge- ment of the original site established prior to the lime such approval, was re quired. Nothing In this Ordinance pertaining to nonconforming' uses or buildings and structures nonconforming .dueto-use. and/or standards shall be - construed to require thelerminalion, discontinuance or removal of such. uses. - buildings or structures except as provided in Section 510.7. SECTION 504.6 NONCONFORMING, USES, BUILDINGS AND STRUCTURES-REVI<W OF AMORTIZATION SCHEDULE OR SU—TII tests mat an mdePendent appraisal be prepared as provided TION OF USE- • cant -shall pay tothe County the actualcostsofconductingsuch A. Request for Review. Mor the appraisal. Valueshall be determined by the use of the An application may filed with. the Commission: in all insta--es where an appraisal prepared, pursuant to this L Requesting extension of the time within which a nonconforming use or approved y the Director building or structure nonconforming due to use, or due to standards where aP. 5 eallnorInclud`'hetandoranyfactorolherthanthebuildingcc plicable.mustbedisconiinuedandremovedfromitssiteass specified Insubsec- Pec tion (B) of Section 50y.2 or subsection (A) of Section 1109, or +t ORDINP,NCE N0. 12,271 (Page 2) R.-estirsg,subs" u.;iolanomcruseparinift :.* =hero.rt:tvl'.chlhi= r ,ir arfaermng: use is first permitted ,,here a butldinq cr structure is vacant Section 13. <ubiection (At of Section 231.3 of the Zoning Ordir rice is despi'e efforts to, insure continuation of lonconforming use and is so con ,mended by revising the following uizes listed therein to read: strutted:hafiimaynitreasonablybecon-. ied,toorusedforausepermitted Heavy equipment training _chwlsonaiotcrparcelofland having asaLon dation a, use an:area of nat less than one hundred 11Do) acres. in'1^ezdnt: in whktr.° isiocatecL t!,v Commission may accept such. filing either before or atfor 1-t;? date of The raising of horses and other equine, cattle, sheep and goats, including expiration such noncrnforming rise: building or structwe. the breeding and frainiig of such animal, not subject to the limital ions Sec- 8- Application and Procedure. . - tion 133, analotorparcel ofland having.asa: condition of use an area of not less ' dccrot as specificallyprovided:in this Section- theappticat:onandallprr Lecture relative +a nolification. public hearing- and appeals shaft be the same, as than live (5) acres Recreational trailer parks as provided in Article 13 of Chapter 7, ter a conditional use permit. In the instance where finai action via'. taken Ii. Riding academiesand stables with the boarding of harseson a lot or parcel Jerzy a nonconforming use. building orstruc'ure reviewprior to amendment a' of land having as a condition of use an area of not less than five (5) acres. the facts required for approvat adopted by Ordinance No. 12,271- effective Rifle, pistol or skeet ranges on a lot or parcel of tandhaving as a condition. %-,e an arra of not fess than five (5) acres. - O ,cember26.IM, 'heone(1) year rest-ictiononreapplicaiionshall riot apply. C Burden of Proof- Section 14, Subsectlor-, tB) of Section242of IbeZoning Ordinance is amend In addition to the inforrnaliou required in the applicatlom the applicant Shallsubstantiate to the satisfaction of the Zoning Board andfor Cortnnissiott etl toy revising the foltowing uses listed therein to read-- ead_shall Darries, including the processing and safe of dairy products from milk - the following facts- Wwfully produced on the premises on aiot or parcel*, land having as a coedi- tThattorequirecessationofsucbusebuitdingorstructurewouldImpair tier of use an arearlrno!less jhanten 1.10)acre9. the property rights ofany person to Sixty an extent as to bean unconsfifulional Feed milfs on a lot or parte' o. land having asa condition of use an area of tak.ngof property, and:ar not less than (5) acres 7 That such. yse.buildinger structuredoes rat now and wilinotduri,.g: the Greenhouses on a tot nr parcel of land having as a condition of use an area extension periodrequested: a adversely affect the healtl,peaceerwelfareatpersrnsresldiny 7rwark of no' less than one (1 ace. - Hogs. them Mendnregf naR to exe(-O, five (5) weaned hogs or pigs, sub - ing,in the surrounding area; or lett as conditions n, ° sci to requirements 1 and 2 of Section 23310. Livestock, feed yards on a tot or parcel of land having- as acandflion ofuse b.Bematerlaftydefrimen'altothe use. enjoyment orvaluation atthe pr., „n area ofnot less than fet.'0)at'res- Perry of other persons located in the vicinity of the site, or Livestock safes yards an a tot or parcel of land having as a condition of use c ,Jeopardize; endanger or, otherwise constitute a menace to :he public an area of not less than five (5) acres health. safety or general welfare. Manure, the spreading, drying3-ndi safe of, provided no shaking orputveriz D. Findings and Decision. Ing mach!nery is used In ccnaection therewith on Jot or parcel of land having The Zoning Soardshail not recommend and the Commission shall: notap as.a condition of use an area of not less than ten (101 acres, prove an appl:cation (or a: nonconforming use, building or structure review The raising of horses and other equine cattle, sheep and goats, Including. unless they find the, burden ofproof set forth :insubsection (C)orthis Section the breeding and trainingofsuchanimals, onalater parcel ofland having asa. has been mot by the applicant. condition of use an area of rat less than or... (1) acre provided that I. E Conditions, a-Ontots orparceisofland having anarea ofless than five (5)acres, eight The Commission in approving an application for a nonconforming use and (8) such, animals maybe kept or maintained per acre In conjunction with such structure review. may impose conditio—itdeems necessary Ininsure Mat fl+c use. and appr-wal vrilt be in accord with the findings requa.4, C"difforis;:-,,posedbythe b 04 tots orparcelsof' land having an area offive [5)acres ormore. ]here Commission may involve any W.finent factors affecting the establishment, shaft be nolim.fatfanas1nthe number ofsuch animals which may bekept or operations, and' maintenance of the uses, buildings or, structures requested irk maintained In confunction with such use. IuSng, but not limited to' those specified Sec ton Wi.12' Raising of poultry" "^svi, birds, rabbits; chinchillas, nutria, mice, frogs. rtO-onibsetilon120WN) oftheZoninOrdinametsamended bydeleting fish.be-;,car:hwixmt,3rgfsirie€simiiaranimalsofcomparablenature,form t:.c diitituhon of ` Nonconform.ng Building at Struclurr and amending #tie and strei including ha•* h.ng, a.fer;nq markehna safe slaughterinq. dressing, frhmlion of"N-Qncortarnnng Use -10 read" processing and packing, and h._iedina eggs haneyorsimitarproducts deri.ed- NONCONFOR41ING USE, therefrom. on a tot or parcel of la -.d E.sversg as a condition of use an area of not "Nonconforming, Use' shat' mean. arty use of land or property that .vas less tltanone (1) a -re w4fultyitablished and in compliance withalt applicable ordinanres4nd taws R4dmgacaderticsandstableswithThe boarding ofhorses anatot orparcet it the timf".ttiis. Ordnance or arty amendment thereto becameeffectivek:uT at ',-sod having as a cored iher of use an area of not less than five. (5) acres. rk, due to the app:acatlon of this Ordinance or any amendment thereto -sa tech in 15: Subs: riots (Al of Section 242.3 of the Zoning Ordinance is ux.tot listed as permitted accessary«Director's. Revieworsubject to permit Iry amended by revising the following uses listed therein to read: tre_ -_. wnithit, isrotated."NonconformingUse- shall also. include; Heavy equipment training sctnolsonaWar parcel ofland having asween fa) Uses reclassified tram permitted to Director's Review or, subject toper dition:tuse aft area ctrot less than one hundred (00)acres. a tinthe same zones and. - R°s:reationat trailer parks a•• provided in Article 13 of Chapter T. 1b) Uses made nonconforming: by the addition of a development standard Lection 16, Serllort 246 cf tho toning Ordinance is amended by revising Ike . rreviouslynot required far s. cb use fir the same'3ontng classification, ,inherit fir" naraoraoh. thetF •t'r -g td strchaddedstandardisSpecified tobeaCondition ofWe. SECTION M AC-41CUl iURAL ZONES CONDITIONAL .JSE FERNY Seciion T Section 120:2181 of the Zoning Ordinance is am. ided by adding CONDITIONS. It -.e folfowiirri defini Hans in aiphabetfcar order: Every conditional use perotit for am, use listed in this Section shaft be sub BUILDING, OR STRUCTURE, NONCONFORMING Dt E TO STANDARDS— ject to additional conu.arors. us listed herein The Commission in granting the Hyddinger-Strudure:NonsdxiformingDue fc,Sfandsrd', ,altmeanany conditional xjseperm.rw-,iy imposeaddiftonal conditions but may not changeor prtmarf^r accessory buyitdingorstructure that wa.ta.»aj`,esfablsh-disid tit iihfrinyofthe f 1,7mi %w,'kehArecondiftiensofuse in compliance with all applicable ordinances and taws at the race flys t.r 5- lion .? Si k weliGn (At of Section 253.7 of the Zoning Ordinance is dinancearanyamendmentthereto became effectiverbut;vrich.duelol0eark amended byrevismglt,folfawingusestistedtherein toread . pricalicirroffbis-.0rdinance or any amendment:hereta, no longer complies wilh Bookstores, adult. wo-Idedthat asa!�ondiftonof use such use shall not be all the applicable standards of development in the zone inwhichItIslocated- located within aonelt.uusand11OW!fcotraWiusof'any other adult business and BUILDING ORSTRUCTURErMONCON50RMiMGDUE TO;USE. •.ublectInthe proviswri,ofSection 501-25 Building; or Structure, Nonconforming i7- a to Use." shall mean arty Theaters. adult, provided that as a condittan of use such use shall' not be primary or accessory building or structure that was lawfully establishedandin. Wated will, -Tri a one thousand (TOW), foot raclnia ofan) other adult business and rtmpudncewiihall applicable ordinances and taws at the, time this Ordinance subject to the provisions of Section 501.25 tux any amendment thereto became effective, our%Wchi due to the appiication Section la. Subsection (Al of Section 255.7 of the Zoning Ordinance is of this Ordinance or any, amendment thereto, is designed fora use not lisfe-cf as amended by revising the following uses listed therein to read: permitted, accessory. Director's Review or. subject to permit in the zone in Arcades, adult; provided that as a conditiot of use such use shall not tie wnichiffslocated-`Buitdingor5fructure.Nonconforming DuetoUse"await lealed within a one thousand tl=j foot radius of any other adult business and 31ao inctude buitdings or structures designed for tames re4taissifled train permit subtect to the provisions of Section 541.25 "d tx Director's Review or subject to permit to the same zone Bookstores„ adult, provided that as a condition of use such use shalt not be ttonfr-Sectionl20.3(Ctofthe Zoning Ordir.3ncedsair-redbyaddi-tg loca led within a one thousand f 1000i foot r adius, of any other adult businelssand '^!lottowTngdetinitioh-inalphabetical arder: - subject Iathe provisions ofSection Sol 25- - CONDITION OF USE Theaters, adult, provided taht as a condition of use such use hair riot be "Condition of Use." shall mean adevelopm rtyfandard determined to lie locatedwithin a onethousand (10001 foot radius of any other adult btsinessand necessary to permit harmanio:F cfassiFication of a u::e as listed:n a, zone and subject; to the pro .sons. of Section 501.25 tnerefere a prerequisite to price, or for application to place. swat use as Section IT Sud section (At of Section 257.7 of the Zoning Ordinance is ctassifed A condition of use s m -A be subject to the provisions of Article 2 of amended by revising thefollowing uses listed therein to read: Chapter 5 but shall be deemed a mandatory, requirement except as provided Arcades. adult, provided no! as a' cord tiara of use such use shat( not be therein localedwithi i a one thousand (TD00) foot radius ut'any other adult business and Section 4 Seclian 120.15(03 of the Zoning Ordinance is amentled:by adding. subject to the provisions ct scN•an50125 the fallowing definition in alphabetical, order BoakStores; ad Cf prrr�i dura#2s a z�= rad;# an of use such use shalt r*# be OCCUPANT LOAD foeafed within a one tiiu-r: •aru+: r diol t= : adaus of any olher adult business and Occupant Coad" shall meantbetotainumber ofpersons that may occupy subject to theprovisic4 dfSgmfian iZI55 a building or structure or portion thereof at any one time as provided by Massage parlors, pravided that as a c !,1 ar tit __ ss.ti use shall not be Chapter 33 of the BiuidingCode (Ordinance No: 2225) located withtna one thousand CIM03 tectrld is Ca—r _'ser ad:;U bus;nessand Section 10; Subsection (8)(1) of Section 2253: of the Zoning. Ordinance is subject to the: provisions of Secron 501.25 amended to read- Model cfudios. provided Ihat as a corcWi2n } wiry s Tit use shalt not be TAREA- Theproposeddevelopmentplan shall asacondition atuseincfude loc.dedviiihinaonethou and 001001 toot radius 61 any other adultbusinLss:and a parcetof landcontafring not less than five (5) dcrm A development plan may subject i the provisions of Section 501.25 be considered oaa parcel of (and less than five (51 acres in area whensuch pro, Theaters, adult. provided that as a condition of use such we shall not be pertyisin- Zone ''RPO' and has a common boundary with property, which bas located within a one thousand (10W) fool radiuscifanyctheradult 'business and been developed under an approved plan pursuant to thls.subsection B. In this subject to the provisions of Section 501.25 case, the Aran shalt Indicate that the proposed development will constitute an Section 20. Subsection (A) ct Section 259.7 of the Zoning Ordinance is orderly extension in arrangement a( buildings, facilities and openspace amended by revising the fallow tg uses tasted therein to read: throughout the combined' parcels of land: in addition go all the other re- Arcades, adult. provided #.tai as a condition of use such tts'e shall not be quiremeotsfor, approval: ofa conditional tnepermit- located within a one thousand (1000) tootradiusaf any other adult business and Sectionin Subsection (BI ofSection233ofthe Zoning Ordinance isamend ' subject to the provisions of Section 501;35, ed: to read. Bookstores, adult, provided that as conditian of use such use s,iall not be B. The tc'towinglight agricultural uses. provided that MEbuildings :orstruc located' within a-onethousand(7000)foot radius o(anyclher.adult business and ••.iresusedin conjunction therewith shalt be located not less than fifty (501 feet subject to the provisions of Section 50125 from: any -street ce highway or any building used for human habitation: Massage parlors, provided that as a condition of use such use shalt not be The raising ofhorses and other equine, cattle, sheep and goats, inctudiny located withiria, one thousand (ID001 I foot radius of any other adult business and t1ke breeding and training al'such animals. on a tot or parcef. of land having as a subject to the provisions at Section 501.25. %ondiVarrofuse anarea of not less than one (1)acreandprovidedthatnot more Model audios, provided that as a condition of use such use shall' not be thaneight(6( such animafsperacre oflbetotalground area bekeptorma3n located :wiininaone thousand (1000) foot radius of, any otheradulrbusiness and fainedlin conjunction such use subject to the provisions of Section 50175 Thegrazirg of cattle; torses. sheep or gnafsona talo partel'ot rand 1, 7v Theaters, adult„ provided chat as a coadJ an of use sech i•se shall not be ingasaconditionofuseanareaofnctfessthanfc.•o(51acre-.includingThesup. tocaledwithinaone theusand--tom '� '-ad;cusola..vatheradu.ib-.messanrf pfementary feeding of such anima6 provided: subject to the provisieca cf Se. a. That siichgrazingis not apart oEnor cooducled in4onjunctionwilliarty Section2l Sectma7,1sc»i„e._, ,sem .-� a>samended uyrevising 4be dairy livestock feed yard, livestock salesyarctorrommerciatridingacademy following usestisfedlf rpm fa read Heated on :he same prem-ises.Riding academt is andstab,es wi:h theboarding at horses on a tot or parcel b. That no:buitdings. structures, pens or corrals designed or intended tint,.• at land having as it urd !roti cl use an area of not less than live (58 acres used for the housing or concentrated:. feeding, of such stock be used on the ilreeding farms for She selective and e<porimentaf breedingof cattle or premisesforsuch grazing other than racks forsupplemenfary feeding, troughs horses, or the raising aid training of horsesarshov: cattle ona la, crparcel of ,.it- watering or incidental fencing. land having as a condition of use an aread;t not less than one 11) a^.ea.^d pro Greenhouses on a lof or parcel' of land having as a conditional use art ..-.+ vided Ihar not more than Iwo (2) ,uch animals per acre ci the feta. g,c, ^da ea - of Pat,lessthanone (i3 acre. - of surlt farm be kept or maintained intcniunciron with str;h use Raising of poultryi rovl,'rirds, rabbits. chinchillas, nutria. mice, treo Granngofraffte. horses, sheep or goals an a lot or parcel of land ha-,ngac, fish”. bees. earthworms, andothersimilaranimals orcomparablenature,forn. a condition of use an area of not tesa than live (5) acres trctudind. I'e Sup and size including hatching. fattening. marketing, Safe,, Slaughtering-drinsing, plementaryfeccifngofSuch animals. provided. ssocessing and; packing arid Including eggs. honey or s°mltar, products derived' a That such grazing is not apart of nor cdnducled, in:conjunction wi;h any •heraform on a lot or parcel of land having as a condition afti ea•lareaofnot dairy, livestock ieedyard, livestock sales rd.ortammerciatridingacadem, ,ss than one� (11 acrin located onlhesame premise; and -Sect(onll.Subsection .(C)Tof.- Section. ZJ3 of the ZomngOrd:rtaweisamend bThatnobuildings:structures.pens orcorrals. designed -or Intendedfo:be - cif toTead, used for the housing or concentrated lceding, of such stock be used on the. C Hogs or pigs. provided- premises for such grazing other than rackr.ter supplementary feeding, froughr 1: That saidanimafs are as condition of use located out less than one .iw for viatermg or incidental fenrmq. - nred fifty T IS(It feet from .any highway and ni-less than: fifty (W1 ffiet from 11 • resttt.ot sus en a let or parcel of land havindas a cnnMlt on of useanaria - ice -or rear lines of any lot: or parcel of (and - of nit €ria Irian "re III. arra+ t V ORDINANCE NO. 12,27i (Pegg* 3) 3 That said animals arras conditions of use located nor less Than one burr, dred fifty (1507 feet from any highway and no tessthan fifty (Sailfeet from the c- That not to exceed two (2) weaned hogs or pigs are kept. side or rear lines o€any ratorparcelof rand, and i. ttatsaidanimatssfial( not befed any market refuse orsimltzCSmparted Raising of poultry, fowl, birds, rabbits, chinchillas,, nutria, mice, frogs; fish, bees.earthworms. and other similar animalsofcomparable nature, torm irgr2d,e :f or anything other than table refuse from meals consumed on the and size, ins udTng hatching, fattening, marketing, sale. slaughtering, dressing, same tots: parcel of land or grain, and processingand packing and including eggs, honey or similar products derived c- That not to exceed two (2) weaned hags or pigs are kept. therefrom Ona fat or parcel of land having as a conditional use an area of not Raisinq of poultry, fowr, birds, rabbits, chfnchlffas, nutria, mice; frogs, less than O:.e (1) acre. fist*, bees. earthworms, and other similar animals of comparabfenafure, forret Section 26. Subsection (A) of Section 295,7 is amended by revising the. anrtsaze enciudtng hafct:ing, fattening marketing, sate. slaughtering, dressing, following uses listed therein to read: process: tg and packing and fnciuding eggs honey or simltarproductsderived Thereform, on clot or parcel of land having as a condition Health retreats on a lot or parcel of land having as a condition of use a minimum arca ofnof Tess than tiny l27 acres. of use an area of not iessft+an one ( i7 acre. Recreational trailer parks as provided in Article 13 of Chir' - 7 Secta:,n ?Z Subsection (Al Of Section 251.7` of the Zoning Ordjnanc« as Rifle, pistol. skeet or trap ranges on a lot o4 parcel at land has -:tg as a con - amended by revising fhe following uses listed therein to read. Arcades. adult, provided that as a condition of use such use dflton of use an area of not less than five (5) acres Sectfat27- Subsection (A) of Section 2957 of the Zoning Ordinance is fur shalt not br teafc3withinaonefhousandf10001too.,radiusofanyotherarfuttbusinessind Their amended by revising the sentence which precedes the list of uses therein to sar'uiect the ad ;tanz of Sed roadhe ks s. that as25 ofusesuchuseshinenuthe a Pdlowing uses provided such uses are: on a lot or parcet of ;and having ted Within onethprovidedthatooaadiusOf foliated viifntna one Thousand f 1000$ loaf radius atony other adult business and: i; conditions of use an area of not less than one (1) acre and a facalion within s;,biect fa the Provisions at Section=501.25: - six. hundred (6001 feet of a recreational use permitted In the zone. - Massage padcrs.prnvidedihatasacandihanofuse uctruse shall not bn Section 28- Subsection (A) a(Sectton 296.5 of the Zoning Ordinance 7s t...-`redvcath,naonefhousand00007footradiusofanyother adult businessand ar"e^dedbyrevising the following uses listed therein toread- subject to the pravlstans cf Section 5af.2S Grazingof cattle. horses,sheep, or goats on a tot or parcel of land having as Model studicS, proWdee that as a condition of use suchuse shalt not be a condition of use an area of not less than five (5) acres Including the sup-. iota,._*d%rthina^nethousand(1000)'footrad,usofanyo,heradi,itbusinessand plementaryfeeding ofsuch animals provided* sublet f�fhee Provisions of 'Section 501,25. That such grazing is.nof a part of nor conducted In conjunction with any Recreational trailer parks as pro-idedin Article 13 of Chapter 7. dairy, livestock feed yard, livestock sates yard, or commercial riding academy Sates and services provided: located on the same premises. That such use islocated anatat orparcel ofland having asacanCrtian'af That no buildings, structures, pens or corals designed or intended lobe used ^..x art area Of r—.,t I = than one (I) acre and that as a<condition of use such use is within six hundred Will feet for the hovsfnger concentrated feeding of such stock be used on the premises for such grazing other than racks forsupplementary feeding, troughs forwater. of.a retre3fianal usepermitted?at the zone, and Ing or, incidental tenting;. That all sales are refall.andall goods sold arenew Section 29. Subsection (A) of Section 296;7 of the Zoning Ordinance is eaters. adult Provided that as a cand;tion of use such use shalt not be Pe,ofedwittllaaone thousand 41,0W7fcotradtusofanyotheraduitbusinessand amended by revising the following use listed therein to read: Recreational frailer parks as provided In Article 13 ofChapter 7 subiect to lir provisions of Section 501,25 Section 30 Subsection (Ai of Section 703.1 of the Zoning Ordinances is Sec' an +3 5ubsect:on (B; of Section 271.1 of the Zoning Ordinance is amended to read, amended by reo„slrg the toffowing uses listed therein fo read- A. The Provisions of thisArticie shall apply at the time that a building or struc- Outdoor skating rinks and outdoor dance pavilions If :itch rinks and paviliensare asacondition of use not within five hundred (SW);feet'ofany ture Is erected, altered, or enlarged to increase floor space, numbers of dwell irigunits orguest rooms,or the use oroccupant load of a building or structure is residential =lo, ;Zone A t. orally ate of similar restriction iliany city r cenicourity y or a changed. Sectiori3l SeCIOn706.1 of Me Zoning Ordinance is amended to read. Si`Ctia6t2a,The firstsentenceof Subsection (a) of section 274.1 otthe Zoning SECTION 7061 ESTABLISHMENT Ordinan;e is amended toread: Scrap metal processing yards, as definedin5ectfon 120.19 shall not be used T AREA The proposed' development plan shall include a parcel of lilnd; In any zone unless they comply with the requirements of this Article Which are 1-.avirg as a condiflon'of use not fess than five (5) acres conditions of use. Strcfiun255ecffon295.i•oflheTaningOrdinance isamended t.yre±5tnglThe :Sect(on32Section707-6 of TheZoriing.OrdiinanceIsamendedbyrevisingthe; taltow,_ng uses listed therein to read: tirsl sentence thereof to read: %+rctr+ryrangesorrafotorparcefoflandhavin3a>aconditianafusean' area of riot fess than one i T7 acre Outdoor advertising signs may be erected and maintained in ZonesC-2, G3, C til, Y441, M -T 1t2, M-7, M-3 and M-4 subject o the following conditions of use: Athletic fietds, excluding stadiums, art atot orparcel at'land having asa, Bandit ext of t,•se, art area of not less thanon-- Cl) acre: Section33=Section 707;7 of the Zoning Ordinance is amended byrevising the first sentence thereof to read, 8catrertaisoTafatocparcetaffandhavtngasacondi}ionofuse anarea ot tfsfte plans are firstsubmitfed to and approved by The Dfrt--torasprovid- not less Char, one (I) acre Campgrourdsonalotar' parcel oflardhavingasacondition ofuse art area ed In Article B: of Chapter 5, portable outdoor advertising signs maybe placed a d'maintain--diriZcnesC7.C-3,C-M M-i.M,II1ZM-2,M-3andMasubieUto of net Less than one fn acre. the following conditions of use. Dance paviriors,outdoor, on a lot or, parcel oftandhav7nr... �`vnditionof Section 34, Section 708.iofthe Zoning-Ordinanceisamended toread. A use art areofnet less than one acre- SECTION 706.1 OUTSIDE STORAGE AND DISPLAY IN INDUSTRIAL Fishingand casting ponds an a lot or parcel of [and having as a condition of Z014ESESTABLISHMENT use an area Of Trot less than one i tl acre Gc1fccurses.Including No property shalt be used fa outside- strage or display of raw materials `xaz the customary clubhouse and appartenart -4 11it es eyurpmenf w tin' Pro+ -cos 'n aav irtdustriaizar unless said storage cam ur.;f,rParcel uf.taOdhavingasaconditionofuseart area ot:urtlessthanone rt Pfaescvih}heregoat--mentspfth7sArtictewhicharecanditionsotvse_ ice =o`Fwtr:•nnr,rangsenaiaforpa€cofofland ?raving asac=nditicnotiman Section 35. Section 709,2oftheZonfngOrdinance isamended byrevising the first sentence therainto, read, - a .+ r less *haat one Of acre Automobile dismantling and junk or salvage yards shall be subject to the 4' eidsana(otcrparceioffandhaving asa'cCnditianofuseanarraat tottowinastandardswhicharecanditfonsofuse! ran cne tit acre Riding rad>?m.elandstayteswiththe boarding ofhursesenaretorparcel Sctlon 36. Subsection (A) of Section 7123 of The Zoning Ordinance is amended byrevisfrtgThe first Sentence thereof toread. arland hav .g as a tend.lima, use, an area of not !esS. Man live 151 acres Lots or parcels of land having as acondi tion of use minimum area of fif lode excl ng horseracing, onoTatorparcel ofland havirsgasacondi tartifr;se- area of not less than, one (ilacre, Teen ltrotasand(15,OtXlisquarefeetperdwellingunitmaykeepormainfainthe a lmalsiistedinTabfetinthenumbersspecifiednottoexceedoneanimalper. e aif-, t vs;runs and warming huts off alot orparcel cffandhavmj;asa- live ti:ausand(5,0d07square feet. talar' -+O eZIT area ofnot less than ane(T)acre: 'rer- Section 37. Subsec'ton.(All of Secttan 713;1 of the Zaning...Ordinance is - „ yr ieybalf, badminton, croquet, lawn it iw`fing. andsirn.Iiir courts, a^al�tcrparc.,;lctfarad(tavmgasacondittanoftueanareaofnwriessihanone amended to read. Y- Area. Amobilehame, park shall have asacond7tmnofuse anarea ofnot V., acre less than five ;5T acres exclusive of any area devoted to a travel trailer park. Motiati Picture Studios and sets Tr cls ding t e iaS+ _ aw t,$a Of domestic Section 3S. Subsectlart (Cli of Section 713:1 of the Zoning Ordinance is andwddanimals fry motianpicture and Television Producfion�alotorparcel offandhavingasacanditionofuseanareaofnofilessthanonef1Iacre,provid amendedforead- f.Area-AmWfehomepark shalt have asacondif?onofuse anareaof'not act saitranimafs. are kept and maintained pursuant to regutaUons of the Los Jess than three (3) a: -res exclusive of any area devoted to a travel trailer park. Angeles Crt:ttty Department of AnImat Control, and are not retained. on. the, Section 39: Subsection. fAl of Section 713.2. sof the Zoning: Ordinance: k - grim' est4raPeriod exzeedrgsixty (401days The 0 "Cclor rnalf extend such timeperiod for not to exce-ed Thirty t3,11 addi amended to read - ead-The0recorrnayextendsuchiimeperiodfornottoexce''edThirtvtsn3addi A- Arm The recteationj trailerparkshall have as a condition ofusean, area of term Ca{S f; --_r latheprcvisionscfArT?cle8(DfreGtuvsRevtewlofCttapfer not less Than five Ulacr6s. i Section 40. This ordinance shall be published in METROPOLITAN NEWS, a A.qu3r:j Pant Only, Onatartar parcefofland having asa:conditional usean tt;an newspaper printed and .publtahedinthe County of.LdsAngetes. SEAL area of not less one (l l acre 8r0--d:r's farms for the selecirvd or experimental breeding of cattle or BAXTER WARD, Chairman or the raising Cr tra:ring of, horses or show cattle on a lot or parcel of ATTEST* .try-rgasatot:5101ofuse anarea ofnot less than one (1)acre and: pro JAMES MIZE,ExecutiveOfficerClerkoftheBoard.ofSupervisors -ofthe vded11-af=!m:frethan TWO (2)suchanimalsper acreofthetotal grouttda-rea, County otLnsAngeles ' cr _u; ' farm be kept or maintained in: conjunction wild such use. t. hereby certify thafat Its meeting. at November 25.1980 the foregoing or Grazingcfcattle. horses, sheep cirgoatsart aToforparcel offandhavincras dinancewas adopted bythe Board ofSupervisors ofsa(dCounty atLos Angetes a condition of use an area of not less than live (57 acresinc(ud:ng the sup by the following. vote, to wit_ ptementsryfeedingofsucftanimals provided: a That such grazlrtgisnot apart atnor condUtte`inconunctionwith atry Ayes: Supervisors Peter F. Schabarum, Keri;teth Halla; Edmund D Edefman,and Yvcnne@rathwaite$urke dazy, 4vestackfeed yard tivesfcwksales, yard. orcar. merciilridingacademv Noes: None 'scaled ,,a the same premises, and SEAL b Thatno,Wifdings,structures, pens or corrals designed orintendedfabe JAMES S MIZE, Executive Officer -Clerk offhe Ekkrd of Supervisors of the us^Tf far the housing or concentratedfeeding of such Stock be used on the Calmly of Los Angeles - .remises for suchgrazingatherthanracks; InrsuPpfementary feeding, troughs. for water ing or incidental fencing. Effective date; December 26, 1980 Gw772 (400) = GreenhouSesoo a Tot or parcel of land having asa condiffonof use an area Dec of not fess than one (1) acre.' Hogs or, pigs: provided: a. Thar said: anima 15 are as conditions of use facaled not less than one hum dred fifty [1501 fez_' framanyhighwayand not less Than ft fly (501(eet frontihe, side or rear lines at any lot or parcel of (and and - b: Tnatsaid animals shaItnot be fed any market re or, s m}rar#niror:ed - f :ngred:eat or, anything( other than fable refuse from meats -orisumw ., ..-rw szwie lot 4r parcel of land or grain and V r ARD- D, SJPcFI'�S =5 �J ERS CCJsY4 Ot t�ADIr; ND., 2681 Or1DIt.n tit._ nYti QncDS,;t:CE OF The SOni:D OF SUPERVISORS OFTii= rr• r- ..uu[�. t 1' OF NAF,ih ADDING CHAPTER. 2Z.99 OF THE V,: Its COUNTY CODE ESTABLISHITN" PROCEDJRB TO - LEGALIZE. EXISTING RES D -N t Int SECOND UNITS AND PERMIT DEVELOPMENT OF NEV? RESIDENTIAL SECOND U :ITS T := ,L1nR G: SU==a1►ISO?S 0= THE COUrjY OF Mi:API DOLS ORDAIN fiS ; C` —he. tollovi- rg Section of ChaD:.er 22.90' 01 the Marin Count;y Code isi hereby established' 'moo read as i=ollo':S: RESIDER IAL SECOND Ui11TS :SECTION' 1 22.93.000 FINDINGS 22_93_O1O PURPOSE 22-99.020: APPLTCATION ' 227.. 9 B .. 0 3 0 DEFINITION'S r r ., i^ r r. 22 gg. QSO REGIS T RA T IONS OF EXISTI; G LEGAL (N %-COt�rO .ii�c:} rte,=SIO_It t Int SECOND U14ITS 22 9 _OS1 ISSUANCE OF CERTIFICATES OF REGIS T?.yTIO 22.9&-052 EXPIRATION DTE - CERTIcI:CATES OE REGISTRATION' 22_ 9,qSs REGISTRhi IDV PERIOD 22.°3_05'= BUILMNG PERMITS - `EY.ISTIi:u LEGnL (NOFi-CO_`�lFQRI�I��u) ?.ESIL?EttTi1,L SECOINJ UNL TS 22.98-070 USE PERMITS FOR., LEGALIZING ALL OTHER E 1STI G RE 1_t, iIR? SEC4 22.98.Q71 UNITS OF USE _PERMilT-.REQJIP_D FI[>1iisS (EXTcT,rFsG ac*ILDBIG PEtP.`iLTS _ E`XISTIP.a J'i'_'S 22r9S_UlO USE PERi;I'TS FOP, Ir E: ' :�tcS=D_i2r r`.L SECO::D• l;i:�Tj n� D /��r r� jar r 'TT - REQUIRED FIF11DINGS <1' MOTS) _ 2_909-091: G f1%l Or 115E P�Pi•.1 22�90"_C jZ DcS"_rGtt PE1�IElr REQUIRED t,EW UNITS 22.98,110 EXPIP.L T ION DATE - USE PEPiRITS FOR RESIDEN -. In=_ St ON U sI I 22-93.120 EXISTING NOIR-CONT ORMYNr' UNITS - VIOLkTI.O �S 2Z.9--3 30 ENFORCEMENT AND PEMALTItS 2%.93.1'50 APPEALS �. 22.33-OG3 FINDINGS: The County -Funds sora of ane cEti�ens cf the, Co'.:r.-,}^ gra exper i ernci no a housing shortage pay- �i cul arly for Io:.: ar�d rod ra to noon. households. It is a goal of the Countswide'P1an to achieve a balanced co►-junj-Ly %.;ith housing available &;or households o1 all income levels.. Acca: d ugly,. she County has adapted a policy in ti're Osing Element ai the County.,ida Flan to pariimic. Reside%'i?1' Second Units in selected 57 ng1 e- f am i 1y areas. Therefore, ore, die County ► i nds it necessary 1 or the public heal t , safety and wel - are .,i n accordance withL iltswith housing p31 i ci es Lr:a ne: and exi sti n; C-4ondrr. Units are par ni. tedTun:dercer lr, clr-u i es to Ti-Sk available an adequE to slipply or housing nor 1mt, and rneE!rate lriCOf;� }�2e: sCI:S �3i the Cv--,.unisty• _MaMuCh as r }n<.�rcaC Vit' �!^.e County %,ou d� benefit ir--5l D ermi' '.ting ha 1�_"`cll; ;:3ti Q esid-2n_ial Second Units,, tha Count}, arTord prierizy in applying c: ovi sions Cri pis Chapter to 'areas in 1:• Bch adopted Cc., 'srf i Ly Plan= call -for the. esta -1ishm nt or ne- second units or stand rd�Laticr of existir nor --con Eoriimi ng, sef:ond units. . c2.98,0tO PurPvS� si;e Durpose of tr.iS C: apte)_ is 1C es --blish a procec:;re to- G 3D1 i sh; the rot t ovn na.: nn' and 1'eg;:I izat on o; ex5s ^g second units ti.ruu:�fr. DCl�iTICa, r!insure Z• _� r_ ., t� r� Iic.c �? Z..0 sc.r sib i�ty `j pro esure3 l .,_ C. �J i fi�U. �8riii 1. t Env = _ Luf?e Cc. Planning Cixe-•n. t4o.v 12 11992 QroYille Cali#ctnia r `- _b) Sa:'elorr- of new 5C'.:cn - units trtr%augh Ls? Pr?2o[it Tt?rflcedures 1:3 is a set for-," i Cr.=- 4c..rie e"bornood and en- vironmental impacts , 2 20 r1 P .,L ; AT .;.r. `r - provisions of thiis Chapter, shell apply orl , i n zho e ,areas O f the County logic i- ted 'S 0r Perm,, tt`►n- c eS:sCienti;al Second Units, in the following manner.: z} The Board of Supervisors sha11, by resolution, declare its i rrtent on to es tEibl i sh areas ehcomapassi nr any unincorporated ~ portio„ o c Marin within n c.hi ch P,es i de -tial Second Units will be permitted in single-family zoning districts.. The resolution snall set out-, describe and design?.te L. i.s proposed area or areas a.nd small, cortFin a reap therecf. . F e a iris cc �d•'-°'E-d G consider and auox. such a reso i �:i 0:1'. ?.B =' b:_ i ni aia:.e by the Board o, Supervisors_ Resiaen.s o- cry unincory oral area of Marin •Ceurty may petition the Board of Supervisors 1-0. ?nitiate hearings to _consider such a resolution. b) A copy of the resolution shall b_ :n a nFwspaper of general' cir..LE`iation in the area. designated .-or residential Second Units - - - c) 'the Co[un ty Planning Comimissi on shall conduct public hearings on sal d' proposal in the manner provided by law i or the adop tion .of generalplans. At the conclusion of said hear -Ings, the Planning• Co„i ission shall forward its findings and recommenda ti ons to the Board of. Supery i secs ' "d) The Board: of Supervisors shall ,-a�: IIr notice (as in (b) above) conduct public hearings thereon:, and may, at the conclusion of said hearings, declare by resolution he, establ i shr ant o the area err areas in s h i ch Residential Second Units ere permitted in single—family Zoning e siri'cts. e) The resolution by the Board of Supervisors establishing ar area or areas p:err,li tting Reside. -tial Second iL:;ts, s. 11 specify any specie: Cr: -Ler. l::liC; r any i*' or ei: i.Ins Res7den int S?; ond. UIi7 t must Illeet 1n order,i4 be C:'an_ed to= Ilse Permits dscri.bed in this, Chapter. 27-91S-030 DEFINITIONS Presidential Second Units Tha term "Residential' Second Unit" Sha i 1 rileall` arae additional' living vi`ng un -it t on any one lot Cr parcel Vii-hi`n: zsingle-family residential 'zoning district. The cri- kerion for defining a residential Second: Unit shall be the exist-nce o` separate cooking s ac i Ji ties, rot rr.erely the addition _ of bathroom.s or bedr:)oms to single-fE-mily units. AFrS1deri.-ial Second Unit may be est blishad by; _ l . The revi s1 on o f a sin e -f aml ly unit w-heraby cooking iaci l 7 ti es. Y are not shared in common; 2. The CQ:I`�rsiQn o'% an! attic, baS2--enc, Carace -or other previously .L[l'inh'ab?ted portion o a sing e_i.a al 1y -nits- 3. Theaddition., of a separate unit Cantu the existing singr`e - fammily uni tj or 4. The creation of a separate Structure on the. lot or var cel in addition to: the exist -1 -no single-fc,i�ll V unit. b) Use P'err.i ts - Use Pet ..its referred _o in Chapter are granted' to allow the continued, usa G'i exist ng Re r `en ial M-6is and ti'he development or new Res- Cwt=_+ t i cal seccn,.i Gil is Sub- ject, tc the reclire:-ar,.sand provisions c=` Chapter :2,83 aid Section 22'_8 _029(21' o f tFis ii tl e. c) CeT'_ilica t'i_-' e._ Regi Sir tion Cerci-iccat- -S Cit -Rec ,L CL iwig ter': . t _ `_` t i�,r) _t �tvz 1:S'__ r' til Cie s .r' -2- 22.QB_G�✓ R=GiSTRA IGik O E ISTING LEGA �;i�it Vyl:_(r. _- .G1 ,ICT r't S_C0 D UT At any tire: ; o i l o::i rs ii:= ,cPl'l caTon of this Section, the owner of each existing Resider.tial Seconcl Coni t. which T:aS c0:15trttCtad in conforl:ri y t;i - 1= and FRich has be- come, 1 eaa-1 ly non' -conforming by reason of 'ie ter enac ii -me^ 1- o -v zo:)i ng ordinances, rifles or regulations may r gis t _r such un -It L ith the Planning DePartr -n 4. r'Non-registration of these units does no€, change their legal non -conforming status. b) Pbplication for Reaistraticn - 1, aPplication for registration shall be rade by the owner in ttiri _ing and shall contt_in the I of l owi ng. - The a The rave or the oi•.ner or ow ars; 2`. The address of the unit;. 3., The ;assessor's Parcel Nu. -Oar; L Th? floor- space of t.h unit; - S. A Sca1E drawing s {owin.J the lot: dil:ensiods, the loca`ion of the primary and second unit,, ani the locatioi of a�1 vehicular parking,;: 5.. By attacbment. evidence o the da to of the establishment _ - - of the unit, if feasible;, 7. By aitachment, evidence G! Lh-=- cc ,tT nu y 0► ifs: as, a second unit for six..(6) months or more prior Lo app!%cation for registration; 8_ Signature under penalty of per, -u; -y; g. Description and location OT t.�.;¢r and sanitar services( septic or sewer) . 22' 93.051 ISSUANCE Or CERTIFICATES OF R"'MT.RATION In order to grant Cer..�acates of Registrat.-ion, t i.he Planning Director shall Make: the fol.locring -Find;nes based on currently adapted: provisions of Marin County Code - G) �3 nuc ura to be registered shall meet Uni orr. Housing Code Stanch rdis Loo or parcel on which Residential Second Uni I_ is loceted has adequate parking; C) Any additional fin,;ings set forth- by the resolu-ion esi-cbliS , ng the area for perimi L Li rig Res i danti a l 'cern.-_: Units. In addition, C?i -ttiI ic cte'J 07 i?eg«SzI is L U-12 ^ De i'SSL:e=' : i cn' sU—* xr i `_. condi ti ons: that the Planning Direct or d--- term nes s reeuired 4e per,^i't the, mandator' f' Hto t_-2 es-lishej . .Ca' f DX:� F:UHMW Qom!- r :=lOF -CT^ 'T .� i e E"iii'ri` c as of rejiSit'c�1CI sn-a 1 ; h%:'_- �� c�r-,� 'C�'r ��'�l ss t'I;e Zo S:-, !n{? gs,, the i...Ma prow-tscn. of _ P. rlw r"� :�v {iir_ S✓:�a.1r T • C`.`.«d_p. te. - cr u s -ch a. r`e'' 1..1 ri cc -a r:.s 1.:en crar;-c-d Src,:l��� CG;ISTC�red G Conform 4c requ re-1-enirs of this !_tom ,:.IE. G, reS-;d'ic•=tiil. zzninq -,i_ lc A. zo ffing district iiSt�Gl; Tit ai%l2 :lst; c1:CL:5 G?}' Cne ray^.ij dwellings as a primary permitted use to the exclusion of 4 :, tac;ily dt:el'lines and multip:E fa•„ily d:,ee11gigs. Such Tuning i stri;cts include but are not limited tb R-1, R -A:, n, A-2, RSP and R11P.. e) T_un-Corrfor: inp Second' Unit -- 11 second dtlell ing unit which has been_ constructedand located on a parcel X01 ---land in a ra n=r U %ch does rot conform �o the re�ulztians :cir `the distriC ~ " ir, :•;h i ch it is situated- i tuatedi _ +) Legal: Legal: tion!-Confcrmina- Second Unit A SEccrz: c:•:el l ine unit ' L:Ri ch Curren --jy noes; no f confor�p tc the re ala ions for the `ct d s tri i n z:hi ch i = i s s; tuated but did co nform z 4 the tip e it was constructed or erected. 22.QB_G�✓ R=GiSTRA IGik O E ISTING LEGA �;i�it Vyl:_(r. _- .G1 ,ICT r't S_C0 D UT At any tire: ; o i l o::i rs ii:= ,cPl'l caTon of this Section, the owner of each existing Resider.tial Seconcl Coni t. which T:aS c0:15trttCtad in conforl:ri y t;i - 1= and FRich has be- come, 1 eaa-1 ly non' -conforming by reason of 'ie ter enac ii -me^ 1- o -v zo:)i ng ordinances, rifles or regulations may r gis t _r such un -It L ith the Planning DePartr -n 4. r'Non-registration of these units does no€, change their legal non -conforming status. b) Pbplication for Reaistraticn - 1, aPplication for registration shall be rade by the owner in ttiri _ing and shall contt_in the I of l owi ng. - The a The rave or the oi•.ner or ow ars; 2`. The address of the unit;. 3., The ;assessor's Parcel Nu. -Oar; L Th? floor- space of t.h unit; - S. A Sca1E drawing s {owin.J the lot: dil:ensiods, the loca`ion of the primary and second unit,, ani the locatioi of a�1 vehicular parking,;: 5.. By attacbment. evidence o the da to of the establishment _ - - of the unit, if feasible;, 7. By aitachment, evidence G! Lh-=- cc ,tT nu y 0► ifs: as, a second unit for six..(6) months or more prior Lo app!%cation for registration; 8_ Signature under penalty of per, -u; -y; g. Description and location OT t.�.;¢r and sanitar services( septic or sewer) . 22' 93.051 ISSUANCE Or CERTIFICATES OF R"'MT.RATION In order to grant Cer..�acates of Registrat.-ion, t i.he Planning Director shall Make: the fol.locring -Find;nes based on currently adapted: provisions of Marin County Code - G) �3 nuc ura to be registered shall meet Uni orr. Housing Code Stanch rdis Loo or parcel on which Residential Second Uni I_ is loceted has adequate parking; C) Any additional fin,;ings set forth- by the resolu-ion esi-cbliS , ng the area for perimi L Li rig Res i danti a l 'cern.-_: Units. In addition, C?i -ttiI ic cte'J 07 i?eg«SzI is L U-12 ^ De i'SSL:e=' : i cn' sU—* xr i `_. condi ti ons: that the Planning Direct or d--- term nes s reeuired 4e per,^i't the, mandator' f' Hto t_-2 es-lishej . .Ca' f DX:� F:UHMW Qom!- r :=lOF -CT^ 'T .� i e E"iii'ri` c as of rejiSit'c�1CI sn-a 1 ; h%:'_- �� c�r-,� 'C�'r ��'�l ss t'I;e Zo S:-, !n{? gs,, the i...Ma prow-tscn. of _ P. rlw r"� :�v {iir_ S✓:�a.1r T • C`.`.«d_p. te. - _ _«_ .t3 .,•.S. rzt� �. A >;uI is n.:-erl- sn=:1 be _ouired - h .. _ r ir. C�n3uncMon i .-Z-r! ,na issuaG,_e Or a CerZi�i.Ccte Oi Recistra�ian under Seri ,. � Section 2Z_93«C:�l only f i:he stru Lure was previously constructed ►;,ithout ben=i it of - ru id ina Permit and/or i t repair or rehabi i -zLi'on is • necessar pursuant to Se. ticn 223"0.051 (a). 2Z. 0.0/O US PER' S FOR LEGALIZING ALL Gi,,=.R, iS_-rte � � ,?Ik_. r E). l i„_ R SID -t 1 SE�Jt�D tl:;ITS 1LLD Y TH1N` 180 DA.t_ OF ErrEGii:E D%;�c OF r=SOLU%IC), a) Use -Permit Subsequent to the adoption. of tyle resolution per- hitting second units in certain unincorporated areas of Maria County, the owner of each existing Rosi denti-a Secon-,'i Uri- :_;aSL no,. constructed in confo:'mii,Ly th (Gnd did: nOL s.ubse-qsanLly become z, legal: ,"`1 s • ^e! shall apply Loathe Zoning Ad.mi rti s =or, a 'Use Fe- ., t wit thin '180 dais o; the effective date of this chapter. b) AnDlicettons for Use Per..miis - The tion for a Us- Permit S;1al I be {;ic'C�e by `ttle: i 'r:;ier i n t ri j i r: cad sial l coni a i n he ►O ioi i'ng, jLri addition Lo al _ eaunf rements of Cf aper 22.88`: 1., he name of �Fte 0lrner or owners; Z. The address of the unit; ` 3. The Assessor's Parcel Number 4_ The floor- space of theL second t_!ni t S. A scale draping showing the; 1 o L dimensions, the loc:zt i on of the primary and second: tin i Lt, and _the 1 coati on of all } vehicUlar parking; 5 By attachment, evidence of the date of establishmnt at, o, the unit, flF -Feasible; 7- The consent of. the applicant to the physical lIlspection oIF -the pre -miser prior to the issuance of Lhe Use Fe 1. _ c) Ude Pert�tit 'applications for existing (non. -conforming) second ani is e it ed -more tila:n: 1,30 days 'after the: eff ectived_ to Df the resolutions esta.blishinn area(sj for permittino Residential Second L ni is shall be' `considered L:nd=,- Lh.L _,'C`liSions 0' Sections 221,93.090,. 22.98.091 and 22..93.03 of tris chapter. dj Use Permit. applications i=or res identia I second uni Ls b4i l : a� ger the effective date of this ordinance shall be considered under provisions of Sections 22.98.090, 22.38.001, and 22.93.072 of this chapter'. 22_98..071 GWART OF USE PLP ;i T R QUIRED FII DINGS In order to cirant a Use Per&ait �:or a Residential Second Unit existing prior to file effectiVe da Le of Lhi Section, the611owing findings sha k be node by the Zoning Adrini'strator, Planning Co. Mission or Bor--d of Supervisors as The second unit is located on the se-te lot or parcel on i'rhi'c;i the owner of record raint_.ns his principal residence; b) The second uric meats: all current properLyr ceveloper.t sL.andares o J: tre resident t.i c,1 zoning ci S t" air i n which t it is 7 acated; cj• -7 he second unit meets the current Uniform, Buil:ding Code (USC) as adopted by the County; d`) Only one, additional' unit shall ba allowed -For each parcel e) The Seconal un -',t Ldoes not cause excessive rose, traf; is co y-- gestion, parking; congestion or overloadIng cf puai :c facil i Lies; i. Ede ;�1_ t`.e san a c.2 r}� services -For clic CC'aC`? L-iEl;: 1 iTl�ru, r� t?f 2-f?fluent resul ting fr. or:: the second unit; g) Any rod'i t icaticni za Lije adore find in,s .:itn the exception o` (c) or ary addli trona l : i ndi ngs car, be set Tortht by the F.esel U tlOn est-b,-lshing the ar=-E for peva: N_In: �=sl':r?ii�:jel Cp:Uil u '`E s aj:.p rz-,rad Za a full h=—aring b=.= -_:r ,, Bpd. of .•.nen v -S Z:M.Ctioa 1 i, L ---he issuance `o; c. USe Pe - "i , ,r -:i � L'nde rection 22_0 U 1 a this Chap -ter onry ►. hte structure as Previously ccnstruc ped t:i`c oJ% %E' ail � Of E 5ui_r;d:-:trg Permit or if repo i;- or rehab -:11 -t_;_. T'C,G,1i f'rl.�LIQTi T�c}. 7.5 nCcess?rti', j.:i'"S:ia:-, t 22.9s_o._iV LI -C D [ MIT FOR ! i IDEN'T 1A -L SLECO .-D XJ ITS 1't. ♦, RESIDEIJI-L SEL:ti,:? UI:I T (FOR i;0 PERMIT A, PLI'CATIOII i-ILEG 'KT T:IN DkYS THE rte;;?ilk:. V7 I-- P.-SDLUTMNI if'PLC- T4 Tl S G -, 22- 93 . Cgl' a) Use Per:; G,:; - k P. es i I detitial Secol;ii t LU'. -a completed s.J.s-✓Jt c c_ C': en' to the ei i ective tide O, this Se :lit^^ ( +SS2-1s or ar.. EXiSti^.^.�t lC : :�;=R• filed p arsuant to Jec ti i::S LG. SS . 0 a or 2L . C9 . CIIJ oT -his %a tell' shial'l be Permitted only 3 f a Use YIt is granted v:l"S'?3i:%. to the provisions of this _Section, b); Aoo? i cations for Use P 'ts An = _ !_ 2rl:: a J : i. c Gn Tor a Gra Err, Tor a new Fes Uent-,a! Seccna' Unit J.l='' o'nlY iy ',ha owner o 0`the prouerty upon t:P►ich the Uniti s ,~c7uo5e:i; 0 b= l oca =ed and sr.al l contain the following: I . The Tilr%a o I she owner or owners; 2. Tha address o -f the urit 3'. The Assessors Parcel' Nunbe> 4., The floor space -of the unit; S. A scale drawing showing the lot di; en liens, the location ;c the unit, and -he l oCati Gn tl: all vehicular parkine C. �y attachment, evidence v i the. da t_ c L es tabl i shTent p o � , t4e unit, 11' 7`. The co. sell t of the applicant- to the -phys i cal' inSoeG Li'e : o l" the premises prior to tha issuance c Iha Use Per, -,,i -:L.-, GPS .. OF USS PEP 14 ; - REWIRED FI;,DI► GS.- In order: z graj a ' `" o c l L yc: p Pe mtlt: for •e npei 'Resideni'al .SeoonL' unit =o _E LU i b - SL' je^'fpilt L^ the e.. e`:tti.%e date of C= �'T� -,a r -z:' k .: ��.. L'.,..., _ I L i.�.�, f I'i'.--y" . 1 Til c,i4s shall.. 62 iT a �r' the. 70P.i Elo rio.co tT� L:','tGE`, cnrj--r •mac: i ssl On ortheDe:-rd Of SUpery isors,.. ' a }' The second unit is l oca -ed on the Saime l o L or pa rce i oli c:bi cfi Lha owner cr record mai nta.i'ns his peri nc =pal residence; bI The second Unit meets all current property '-d'-_nn- stz,n- or the res«dential zoning district in c`res except as modifHad by -criteria. establish -_d in paragraph bel'oc•ri c)' The second unit mets the carrent Uniform Building Ccde as adGpt--d by the: County, d) Only one additional unit shall be ..' l c,„ed for each parcel ej' The second' unit does nit Ca4Se E :GeSS' e n-,-:Se,i tray x it coa- ' .ges.tion, par- =Ing' Congestion or G'r �I'iC� lr'� is p!IbiiG icci Z' Li^ the lGt. or parcel on 11 h'iGh thiS proposed sez:one U,^ti L is to be located raeaLs the' m nim:_ bu ldi'ng si -e c:- recnuire _ntS of this zoning district in %-Iraich; 'ii. is 1cca _y�- s _E (par '5 i r ex- cess of ons hal i acre in size are eXe.� r: j rG7.. this i i:rdinl 7 n The second un i.i. has a sepB� a e entrance and contrir s a Ste_��. l: rG kitchen and: bat roc t f -Ci cil i ty- s bThe addi -ion of a. second; Ifni_- maintains the scale c f, a;,joir,ins residences and blEwf-s into existing nei^iic:'hoods by Use o building ;c:rn heig:::, 'materials, color and. landscaping appro Iria'te Lo L iet setLin�; i 1. ` r units Cc .. y�a� r oi' •• _i^,:, _ _ _ M). t' :Cc � l.,;i C. Wit, t`la E? - b�. 4 �e. :olloc��ina rote, t0 r: t C.., C -IL loJ. l ,ir,.:ia�s cam.. L, � � -o1-th by the resol;�- _ion est- a : i sh irg the area.for per,r .- ; r4 = ' ' n �i r L �S }Ge �.l SG4l�.nd - r Un Y s E-Qr %Jvec a 4 a full � be- ter`.^ -'_5=--* .. Units,r . l '"- nJ _ i� t o � su-ery i sc.'- , ri'J' �,..�.,092 tt`P�=� 1�tC:'I p"r} * C�' �4j=1t It" r . E .� .;1Pr UXI ES: All next Residential Secoyzo; Ura �s `cc►r:sLruc ted after the as LA' Q i• GdCp Lz;Qn Q_ this ordinance sne:l l be subject to Design Review pursuant to provisions o; Chapter 22-22. Design Review shall consider special criteria zs in (i) above and encourage energy efficient bLi`iding desion- 2`a�-ng3 PER'j TS: A Building Perm!t shall be required -- in Co. j L t :on with the issuance o -I a Use Per...- 4 i.nYer Section 22.92-J100 ate- th, s Crap er. LL. 93.11 a E).PT� A.- RON OR IR -EV Et, D%: C Usc Use =er.T.7 is granted pursuant to Craptn:- 22.g„ r _his i i ale sr=l i have no expiration date unless due to special =indi'ngs by the Zoning Fdmini'strator, Planning- Cc:r;ri;ssTc c,- D; _rd oftS;Ipervissors deterrira t-i'on that the protec ti cin of ..are and proper tY require a special review dare to deyar�::�.re ,.,-.i:' ►ante ti:ith c .. . o�c; t3On5 of approval. ?��Sa_1.i5 RECORDATION Lr CERTIFICATES O REGISTRATION A'iU v'Si o�� ,I:S' _rn ` . Certificate oT Reg;istratiort or Use Fetr,;.i t et ..:_=d ander provisions ofh s Chapta-r shall -be recorded in theCCunty recorder`s GH ii ice as an, i ni ort a.1 ion 1 documen 1. in reference to tnA t -r 11 a QT tfi2 sub- ject property. Fn r:t G Ut,,IT r - {! 1-r7(;t.: E • - L/c_Jiir\J rc0:t CO:i Jt'ull�\.. Ult� }� -ti1VlfirtU,.J: Ll�t..j�i n+�i7 -ca n►oro:}iris seconc uP.Izs wmich are not perr;itted through aY,licatiQn o; this Chag.Ler shall constitu_LGe violation 01 T1t1e 22 (Zor.irg) Tarin County Code and shall be subject. CO Chapters 2Z.06 and 22.9E Of tbis Title. Secondurtlts considered to be 1:1--violl'ation are un7is orhl ch a x Use 'ermititt or Certificate oft Registration limos !J=an den -led or 2 unz c 1 aCa gad n zr~ Un7 ncorpora Le ; a: ea moi' Lha County nc- approved for, second un:Iis - - - 22_980.13G Ar.D PEN'AI TIES: Failure ,.0 Co ::'iy tc'i =n ;r sc= - pro.lsion of this Chapter. s►iall consti:tu�e a violzti0n OT` ttliSr Chapter and any condition permitteed: to exist in violation of this C:i Pter shall be subject to provisions oi- Chapter 22.0"0 of this Title.- i t i e. 22. c_154 ALS.: APPi nt S: Any -person aggrieved by any action involving the grant denial, suspension or revocation of a Use Perini t or Certi ; ica-es of Regis ration may appeal such deteri-ninat 'cn in accordanca with Chapter 22.89' cif this Title.. SECTTr" II SEVERAMLI►Y:: If any provision oI this ordinar.ae or application thereof: to any person or circ:: -stances is h=_? inv�ld, sj:ch in-- va.Iid ity shall not afi.ect other pr ovis ions or application yr t:�;is ordinance, w=hich can be given effect - ithou t the invalid provision or a�pl i ca tion, and to this a,'d he provisions Gz this ordin?n_e are, declared Lo be seve'rabl e. S=C 11G.� FII PUS= ICA4.I0 =: This Crdi'nance sT�al l be and is hereby declared to be in Tu JILforce and effect as or thirty (13-3) dads from. ~-ld a l , ere the Cfa to Of Its pa=ssage and shall be published once be; u,-_ to ej_Yfz a ion of } ifGeen (10) days Ci=Ler_its passage .- t h the na-es o.- the Supervisors voting for and aga�r:sL t,:e sa;.e in Lne OT genera -1 circulation put l i'shed 'i n the County af Mart n_ PASS=G ANE) nDO-:EO a:. a regular meeting or the o Super ''sons 0- 4+E l`ta' tlii:y Of f"t�j`ip : State or L.a1i.i01'tll'2, on 'Cii?' '? tk d?[: Qt 3[1tVGt - b�. 4 �e. :olloc��ina rote, t0 r: t SUDERVI SOBS Saxer, kranburu, G.i aco.-,i ni ,. k i .. eln E:OFSSUPER I SOBS' L SEKTi SUPERVISORS: Roumi'guiere ;r CHA1Rf.Fid OF THE 50.:--D OF SUPERVISORS COUNTY C= P�ARIN,. Attest: r j000v Y VAN7t s f( E lT [ LLiSP I'. I_•. Clerk of the Board - - ff.�G.s .x'9J rXr re re rY� e7lar" d6Y_ �I�D.C�%1Zr17:?'Yf /�Ll'iL [ r, r4C�,. l.`l y�,:� �! �/G4!✓�"a%. r""'r �d/�. q Article 17. G(�heral provisions and Exceptions See. 1701- t)-4cil of nonconforming. sites. 7 nxcepL as; othe"wine Provided in this SectLon, a site having an area, froht,190, width or ciepth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded parcel or subdivision. map, for which a deed or valid contract c -f salp, was of record prior to the adoption of this ordinance, ati, which had a legal area, frofttagoi width and depth at the time that the parcel or subdivision map, deed or contract of sale was recorded, may be used for any permitted use, but shall be subject to all other regulations for the district in which the site is located, ,wo or more adjoining vacant sites with continuous frontage, each having -in area, width or frontage less than the ininimum prescribed for t:he district in which the sites are located, in a single ownership as of the, date of adoption of this ordinance or subsequent thereto, shall be subject to all regulations for the district in which the site is located# including iainimum area, width and frontage requirements, as if the sites constituted a single parcel of real property, except that in the R -1-6i R-1-0, PO and T Districts where such sites are shown O►i a duly approved and recorded paycel or subdivision map as having a width less than that required for such district tinder the provisions of this t)rdinahce such sites may be divided as indicated on the recorded parcel or subdivision map, provided that in no case shall such divided sites have less than fifty (50) feet of width, and further provided that there are no structures or improvements on such sites which require their continued combination for compli- once with the provisions of this ordinance or other development regulations of the county. Vor the purposes of this Section, the term Ovacant site" shall mean that the site is not developed with a building for which a permit has been its"8d pursuant to the pro-Visiohs of Chapter S of the Code of Ordinances of the county. see. 110 nt- ne ivircent of the site area covered by structures shall be measured by dividing the htimbel- of square feet of, 110ritOntal area covered by structuress open or enclosed, by the total horizontal. area within the property lines of the site. Sec. 1703. Yard spaces. No yard spaces provided about any structure in compliance with the re5u" lations for the district in which the structure is located shall be deemed to provide a yard spice for arty othet structure, and no yard on one site shall be deemed to Provide 6 Yard space for a structure oi-t any other site. Sec, 1704. Yardtequirenents measurement. Aequired yards Shall be MOaStli-ed as the Minimuifi horigohtal distance from the'rallel thereto on property line of the cite or street line to a line pa D28/24b the site, provided that where a precise street plan has been adopted by the Board of Supervisors, required yards shall be measured from the plan Linc, and no provision of this ordinance shall be construed to permit a structure or use, to extend theyond such lino; and provided furthc-r that where a site Abuts on is Mt.rout havOul only a portion of its required wi,dWi dedicated or reserved for street iuryoses, required yards shall be measured from a lino drawn on the boundary of the additional width required for street purposes abutting the site,: on a site which is not rectangular or approximately, rectangular in shape, required yards shall be measured in the manner prescribed by the County Planning Commission. Sec, 1705. Yard requirements, exceptions. krehitectural features including sills, chimneys, cornices and eaves may extend into a required side yard or a space between, structures not more than twenty-four (24) inches and may extend into a required front or rear yard. not more than six (6) feet. No building or projection thereof may extend into a public utility easement. Open, unenclosed, uncovered metal fire escapes may project into any re- quired yard .or space between buildings not. more than three (3) feet. Fences, walls, hedges, walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations Sec. 1706. Height limitations; measu�^ement. Zbe height of a struct%:re shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure. Sec. 1.707. Height limitations; exceptions. gbwtrs, spires, cupolas; chimneysr penthouses, water tanks, flagpoles, monuments, scenery loftS, radio and television aerials, transmission toWerS, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent (10%) of the ground area covered` by the structure may be erected, to :a height not more than twenty-five (25) feet above the height litnit prescribed by the regulations for the district in whicr ..he site is located. Public utility communication equipment bUllairigs and u pokes and towers shall not be subject to the height limits prescribed in ..�5 trict regulations; Sec. 1708, Maintenance of landscaL>ed areas. ,A landscaped area provided iii compliance with the regulations prescribed in this ordinance: 'or as a condition 'of a use pe,•rmit or variance shall be planted h2)3�'�5b X113 G 1 tl. with materials suitable for screening or ornamenting the site, whichever is appropriate, and Galant materials shall be replaced as needed to screen or ornament the site. tand;scapod areas shall be watered, weeded, -pruned, fer tilized, sprayed, or otherwise maintained to assure compliance with regulations F requiring landscaped areas. Sec, 1709. Nonconforminc uses and structure's. A. Purposes; I A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adopt Lon of this ordinance but. which, under this ordinance, does not conform with the use regulations for the district in which it is located. 'ibis section is intended to limit the number, extent, and duration of nonconforming uses and to serve their gradual elimination by prohibiting their enlargement and their re-establishment after abandonment and by prohibiting the alteration of the structure they occupy and their restoration After destruction. A nonconforming Structure is a Structure Which was lawfully er(cted prior tc the adoption of this ordinance but which, under this ordinr.nce', dues not conform with the standard's of coverage; yard spaces, height of structures or d+stahee5 between structures prescribed in the regulations for the district in wh,ch the structure is located. While permitting the use and maintenance of nonconforming structures, thi's section is intended to limit the number and extent and duration of nonconforming structures andto service their gradual F elimination by prohibiting their being movedv altered or enlarged so as to increase the discrepancy between existing conditions and the standards pre- scribed in this ordinance nad by prohibiting their restoration after debtruc- tion. 8: Continuation and maintenance: A use lawfully yccupying a structure or a site on: the effective date of this ordinance or of amendments thereto which does hot conform with the use regulations for the district in which the use is located shall be deemed to be a nonconformiha use and may be continuad, as provided in this section. A structure lawfully occupying a site on the effective; date of this ordinance or of amendments thereto which does -not conform with the standards of coverages front yard, side yards, rear yard, height of >tructures or distance's, between structures prescribed in the regulations :for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and ma.htained as provided in this section. ioutine:maintenance and repairs may be performed on a structtre Or 'sites the use of which is nonconformings and on a nonconforming structtlrei 028/26b -114- i C. Alterations and additions to nonconforming use:;: No structure, the use of which is nonconforming, shall be moved., altered or enlarged unless required by :law or unless the moving, alteration or enlarge- meat will result i:n the elimination of the nonconforming use, except that a structure housing a nonconforming residential use located in an A, UR, RA, R or RM District may be moved, alt -.red or enlarged, provided that the number of dwellirg units is not increased. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. No nonconforming use shall be enlarged or extended in such a way 45 to occupy any part of the structure or site of another structure or site which it did not occupy on the effective date of this ordinance or of the amendment thereto which caused it to become a nonconforming use or in such a way as to displace any conforming use occupying a structure or site. D. Alterations and additions to nonconforming structures: No nonconforming structure shall be moved, altered, enlarged or recon- strutted so as to increase the discrepancy between existing ve ditions and the_ standards of coverage, fro `. yard; side yards, rear yard, height of structures or distances between struct res prescl~ibed in the regulations for the district. in which the structure is located. i E. Change of use: Ixcept as otherwise prescribed in this section, the nonconforming use of a structure or ti.te may be changed to another nonconforming use provided that the change of use is approved by the planning Commission in accord with the following procedure: 1. Application for a change of use shall be made to the commission on a form prescribed by the Commission which shall Include the fcillowng data; (a) Name and address of the applicant. (b) Statement that the applicant is the ow7xer of the property or is the authorized agent of the owner. (c) Address or description of the property. (d) Statement of the precise nature of the existing or pre-eXisting nonconforming use and the proposed nonconforming use and any other data pertinent to the finding prerequisite to the granting of an application prescribed in paY""raph 3 of this Section - ,rho application shall be filed with the Lotting .Administrator. He shall gine notice to the applicant of the time when the application will :be considered by the oTannin Of, the time to any other inteYestlgdCommi.ssion, and lte na party. y give notice 2, The ,coning Administrator and shall shall make an investigation al Prepare a report thereon which " Qlannin, Commission. Bch shall be subtni.ttec `to,plicr�tion Zoning The Commission shall consider )tu ri1�) to the g Administrator before acting on the a t Administrator shall obtain Ittsrt of the �.tnd include withphiscre i an • �`' Toning from the Building obtain pertaining to the "ti written report tura for the proposed use. Conformance ox the strut- 3. The Planning Commission may if, on the basis of the a y grant an application Commission makes t,PPlicatian for a change of use followin and the evi.r3ence submitted, the g findings: (a) That the proposed use than the existing or is classified in a more, re r._.• of this Preexisting use b .acted category ordinance. The classification ofuFte strict re Shall be determined on regulations utte basis of the d, d nonconformj,ng tq,=e first permitted, provided district in h he -- ,µ y that a conditional u, ich in a lPss reg!-,.,)c•.ed aa't4°s,ary than a e shall be Cdffie district. deemed ;�rmitted use in the (b) That the Proposed use will not more adversel of the distri:t in which } affect the existing or r it is proposed to be character P e-oxistino use. located than the (c) That the ,proposed t:tse Will not traffic than the volumes createdrbate more vehicular or tai". use. y the existing or pre.-exist�,ng (d) That the Proposed use smoke will not create more odor noise, vibrations illumination, glare, ' dust any other objectionable r dirt, influence than he amountsgcreatedsb°r the existing or Pre-existing use. y Ce) That the Pr*) health, safet sed e will not be rletrimehtal to the or improsamenysor welfare, or materiallypublic in the vicinity, injuriot,s to pro.Fserties `. The plannirtg Commission hta use for a limited time y grant b application for a, Commission ma Pe or stip 'act change of y :prescribe: to such conditions as the change of t`tse. The to may deny art application for a 5' bbllowing the date of or revocation of an denial of an application action of the i'applin for a change of use a for the swine or stibstant structure or on the same ter subs Commission 9raiiting an Within ca ti ort, no application t g Comma s , oia1 .. th sax C6) months of antially the same y e ss,te enial, of the site shall, be filed Pplica.tion or rev'boation of b28/28b �115�