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HomeMy WebLinkAboutZoning Verification Letter-1900 20th Street Department of Development Services Tim Snellings, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds October 11, 2019 Jalyn Porchay 112 Water Street, 5th Floor Boston, MA 02109 SUBJECT: Zoning Verification Request for the Larkspur Lodge Nursing Home: 1900 20th Street, Oroville, CA. (APN: 030-462-009) This letter is in response to your request for zoning verification for the Larkspur Lodge nursing home. My research shows that an original building permit for a nursing home was approved back in 1966. In 1985, a use permit (UP 85-03) was approved to construct a new dwelling to expand the nursing home facility. In 1990, another use permit was applied for (UP 90-25) to expand the facility, but it was withdrawn. Over time there have been building permits applied for and finaled, including (00-2159), (00-0474), (B07-1480) and (B07-2217) that allowed for the remodel and expansion of the existing facility. In 2003, and building permit (B03-2621) for a storage building permit was issued, but never finaled. The current zoning on the parcel is RR-5 (Rural Residential 5-acre minimum). This zoning does not allow for Residential Care Homes, Large, as a permitted use or through a use permit. However, the existing nursing home (Larkspur Lodge) is considered a pre-existing, nonconforming use. Any future expansion of the facility will require the approval of a minor use permit (Article 22 Nonconforming Uses and Structures). Please let me know if you have any other questions regarding this property. Regards, Rowland Hickel Senior Planner Enc. NONCONFORMING USES AND STRUCTURES 24-119 165 NONCONFORMING USES AND STRUCTURES Article 22. Sections: 24-119 – Purpose 24-120 – Applicability 24-121 – General Provisions 24-122 – Nonconforming Uses 24-123 – Nonconforming Structures 24-124 – Loss of Legal Status 24-125 – Findings 24-126 – Appeals 24-119 Purpose This article establishes regulations for nonconforming uses and structures. In addition, this article is intended to: A. Ensure that nonconforming uses and structures do not adversely impact neighboring properties; B. Provide for a process to allow for the minor expansion of nonconforming uses and structures; C. Allow for repairs and maintenance to nonconforming structures; and D. Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence, and destruction. 24-120 Applicability This article applies to existing uses and structures which do not conform to the regulations of the zone in which they are located. 24-121 General Provisions A. A nonconforming use or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established. B. To be considered legally established, a legal nonconforming use or structure shall have been physically constructed or in existence, not merely contemplated. Conditional Use Permits, Variances, Building Permits, or other permits not exercised within the required time do not establish the right to a legal nonconformity. C. Any person asserting a right to a nonconforming use or structure has the burden of proof to demonstrate the existence of the use prior to the establishment of the applicable zone or regulation for which it is nonconforming. 24-122 NONCONFORMING USES AND STRUCTURES 166 D. When approving a Minor Use Permit or another permit associated with a nonconforming use or structure, the review authority may at its own discretion establish a date for either the termination of the use or review of the Minor Use Permit. 24-122 Nonconforming Uses A. Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status provided that the intensity of use does not increase. B. Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not return to a nonconforming use. C. Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another nonconforming use. D. Intensification of Use. The enlargement of a structure or site occupied by a nonconforming use, or the intensification in 1. any way of the operation of a nonconforming use, shall require the approval of a Minor Use Permit. To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall 2. make all findings in Section 24-125 (Findings). 24-123 Nonconforming Structures A. Enlargements to Nonconforming Structures. The enlargement of a nonconforming structure shall require the approval of a Minor Use Permit. 1. To approve a proposed enlargement, the Zoning Administrator shall make all the findings in 2. Section 24-125 (Findings). B. Reconstruction Reconstruction of a legal nonconforming structure that has been demolished or destroyed shall 1. begin within one-year and shall be completed within three-years. The reconstructed structure shall not exceed the original structure in regards to maximum height, 2. floor area, encroachment into setbacks and other property characteristics as determined by the Zoning Administrator. The Zoning Administrator may approve an extension of two additional years to complete 3. reconstruction of the demolished structure. If reconstruction is not completed by the specified time limit, the property shall be deemed 4. abandoned. NONCONFORMING USES AND STRUCTURES 24-124 167 24-124 Loss of Legal Status A. A nonconforming use or structure shall lose its legal nonconforming status if: A nonconforming use has been discontinued for a period of 24 consecutive months; or 1. A nonconforming structure has been vacant for a period of 24 consecutive months. 2. B. Based on Subsection A above, the Zoning Administrator may determine that a nonconforming use or structure has lost its legal status and shall mail a notice to the property owner and occupant. C. The property owner or occupant may appeal the determination of the Zoning Administrator to the Planning Commission within 15 days of the mailing of the notice. The appeal shall be filed and heard as provided in Article 37 (Appeals and Calls for Review). 24-125 Findings The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of the following findings can be made in addition to the findings in Article 31 (Conditional Use and Minor Use Permits): A. Available evidence indicates that the nonconforming use or structure was legally established. B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the surrounding area. C. The nonconforming use or structure is compatible with the general character of the surrounding area. D. The proposed action is compatible with the purpose and intent of the applicable zone. 24-126 Appeals Any decision on a requested modification to a nonconforming use or structure may be appealed as allowed by Article 37 (Appeals and Calls for Review).