§ 17.90.020. Nonconforming buildings and structures.  


Latest version.
  • The following provisions apply to nonconforming buildings and structures in the county:

    A.

    Health and Safety. Nothing in this chapter shall be construed to prohibit any additions or alterations to a nonconforming structure as may be reasonably necessary to comply with any lawful order of any public authority made in the interest of the public health, safety, welfare or morals.

    B.

    Previously Approved Building Permits. Nothing contained in this chapter shall be deemed to require any change in plans, construction or designed use of any structure for which a building permit has been issued and upon which actual construction or preparation for placement was lawfully begun prior to the effective date of the ordinance or amended ordinance which makes the structure nonconforming. Actual construction is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved.

    C.

    Maintenance and Repairs. Ordinary maintenance and repairs may be made to any nonconforming structure, provided no structural alterations are made, and provided the work does not exceed twenty-five percent of the appraised value thereof, according to the assessor's records, in any one calendar year period. Other repairs or alterations may be permitted, provided a use permit shall first be obtained in each case.

    D.

    Enlargements. A nonconforming structure may not be added to or enlarged unless the nonconforming structure, the additions or enlargements thereto, and the use thereof are all made to conform to the regulations of the district in which it is located.

    E.

    Relocation. A nonconforming structure shall not be moved to any other lot or to any other portion of the lot on which it is presently located unless, as a result of the move, the structure shall conform to the regulations of the district in which it will be located after the move.

    F.

    Reconstruction. A nonconforming structure which is damaged or partially destroyed by any reason, to the extent of not more than seventy-five percent of the appraised value at that time, may be restored and the occupancy or use of such structure or part thereof, which existed at the time of the partial destruction, may be continued or resumed, provided the total cost of such restoration does not exceed seventy-five percent of the appraised value of the structure at the time of such damage, and that the restoration is started within a period of one year and is diligently carried on to completion. In the event the damage or destruction exceeds seventy-five percent of the appraised value of the nonconforming structure, no repair or reconstruction shall be made unless every portion of such structure is made to conform to all of the regulations in the district in which it is located.

    G.

    Nonconforming Historic Structure. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a nonconforming historic structure may be made when authorized by the director of resource management (or designee) and building official (or designee), provided:

    1.

    The structure has been designated by official action of the board of supervisors, state of California or United States Government as having special historical or architectural significance;

    2.

    Any unsafe conditions are corrected;

    3.

    The use(s) therein shall be in conformance with all applicable provisions of this chapter.

(Prior code § 5.06.050 (B))