Chapter 18.120 — NONCONFORMING USES

The lawful use of land existing on the effective date of an ordinance which establishes or changes the effective zoning district in which such land is located, in such cases where such use does not conform to the regulations specified for the effective zoning district, shall be identified as a nonconforming use and may be continued; provided, that no such use shall be enlarged or increased nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of said ordinance without first meeting the requirements of this chapter. If any such use ceases, as provided in this chapter, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located. (Ord. 2023-04 § 2)

The lawful use of a building or land existing on the effective date of an ordinance which establishes or changes the effective zoning of the land upon which the building is located may be continued, and said building or land use may be maintained, without the requirement to secure a certificate of conditional use or a use permit, even if such building or use does not conform to the regulations specified for the district in which such building is located, provided the requirements of this chapter are met.

(Ord. 2023-04 § 2)

Any nonconforming building that is damaged or destroyed by fire, explosion, act of God or act of the public enemy, to the extent of more than seventy-five percent of the assessed value thereof, according to the assessment by the county assessor for the fiscal year during which such destruction occurs, may only be reconstructed if one of the following requirements is met:

• (1) If the existing nonconforming use is residential in nature, it may be reconstructed after first securing a certificate of conditional use, pursuant to Chapter 18.114 . Any application for such certificate of conditional use must be submitted within one year of the date of destruction. No extensions of this one-year period may be allowed; or

• (2) Any nonconforming building, other than residential, as detailed above, may be reconstructed provided that in each case a use permit is first secured pursuant to Chapter 18.112 . Any

application for a use permit must be submitted within one year of the date of destruction. No extensions of this one-year period may be allowed.

If one of the above criteria is not met, any such building shall be subject to all regulations specified by this title, for the district in which such building is located. (Ord. 2023-04 § 2)

• (a) If the actual operation of a nonconforming use of a building or nonconforming land use ceases for a continuous period of one year or more, unless the legal owner can establish valid proof to the contrary, such cessation of the nonconforming building or use shall be considered abandonment. Then, without further action by the county of Lassen, said building and the land on which said building is located shall be subject to all the regulations specified by this title for the district in which such land and building is located.

• (b) The director of the planning and building services department shall determine if any nonconforming use has been abandoned pursuant to this section. Any such written determination is appealable in accordance with the procedure detailed in Chapter 18.122 (Interpretive Action) and Section 18.120.080 (Appeal).

• (Ord. 2023-04 § 2)

The following additional regulations shall apply to nonconforming uses and nonconforming buildings:

• (1) The enlargement, extension, reconstruction, conversion, or structural alteration of a nonconforming building or the expansion of a nonconforming use may be permitted in accordance with the following:

  • (A) If the existing nonconforming use is residential in nature, it may be enlarged, extended, reconstructed, or structurally altered after first securing a certificate of conditional use, pursuant to Chapter 18.114 ; or

  • (B) Any nonconforming use of a building, other than residential, as detailed above, may be enlarged, extended, reconstructed, or structurally altered provided that in each case a use permit is first secured pursuant to Chapter 18.112 .

• (2) Ordinary maintenance and repairs may be made to any nonconforming building; provided, that such work does not exceed twenty-five percent of the assessed value in any one-year period, without the requirement that a certificate of conditional use or use permit first be secured. Any maintenance greater than twenty-five percent of the assessed value in any one-year period requires that a certificate of conditional use be secured pursuant to Chapter 18.114 if the use is residential or a use permit pursuant to Chapter 18.112 if the use is nonresidential.

• (3) Regardless of any provision in this title to the contrary, if a nonconforming building or land use was lawfully established as a matter of right under the zoning regulations in place at the time the use or building was established, then, if the same use is allowed in the new zoning regulations subject to securing a use permit or certificate of conditional use, said use permit or certificate of conditional use shall not be required, and such use shall not be considered nonconforming and may continue. However, any such use must conform to all applicable requirements of this code.

• (Ord. 2023-04 § 2)

Nothing contained in this title shall be deemed to require any change in the plans, construction, or designated uses of any building or any use upon a parcel where a building permit has been issued, provided said building permit is finalized prior to its expiration. (Ord. 2023-04 § 2)

The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed. (Ord. 2023-04 § 2)

The director of the planning and building services department shall be responsible for making determinations pursuant to this chapter. Any such written determination made by the director of planning and building services may be appealed in accordance with the protocol established at Chapter 18.122 (Interpretive Action). (Ord. 2023-04 § 2)