Chapter 18.68 — NONCONFORMING USES — Guadalupe Zoning Code

§ 18.68.010. Continuation of nonconforming uses permitted when. ¶

Except as otherwise provided in this title, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified herein (February 25, 1980), amendments to said ordinance, or the revision of district boundaries, may be continued, although the particular use, or the building or structure, does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made, provided, however:

A. No nonconforming structure or use of land may be extended to occupy a greater area of land upon which the building is situated than is owned by the property owner at the time of adoption of the ordinance codified in this title;
B. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located;
C. If no structural alterations are made therein, a nonconforming building may be changed to another use of the same or more restrictive classification upon the securing of a conditional use permit;
D. If the nonconforming use is replaced by a more-restrictive nonconforming use, the occupancy thereafter may not revert to a less-restrictive use;
E. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of 6 months, it shall be conclusively presumed that such use has been abandoned within the meaning of this title and all future uses shall comply with the regulations of the particular district in which the land or building is located.
(Ord. 189 Art. 4 §9, 1980)

§ 18.68.020. Maintenance and repair limitations. ¶

Any such nonconforming building or structure may be maintained or repaired 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 City. (Ord. 189 Art. 4 §9, 1980)

§ 18.68.030. Enlargement or reconstruction—Conditional use permit required. ¶

Any building or structure existing on February 25, 1980, the date of the adoption of the ordinance codified in this title, which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed or structurally altered unless:

A. A conditional use permit is first secured in each case;
B. Such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located.
(Ord. 189 Art. 4 §9, 1980)

§ 18.68.040. Restoration after damage—Conditional use permit required. ¶

A nonconforming building destroyed to the extent of more than twice the assessed value, as shown on the official assessment roll preceding its destruction by fire, explosion or other casualty or act of God, may be restored and used only if a conditional use permit is first secured in each case, or used only in compliance with the regulations existing in the district where such building or structure is located.

(Ord. 189 Art. 4 §9, 1980)