SB 403

A legal nonconforming use is a land use that is generally prohibited by a zoning

ordinance, but is permitted on a particular property because that use was legally

ongoing at the property at the time that the ordinance prohibiting the use was

enacted. Under current law, a zoning ordinance enacted by a municipality or county

generally may not prohibit the continued legal nonconforming use of any building,

premises, structure, or fixture (premises). However, the alteration or repair of, in

excess of 50 percent of the assessed value, any existing premises to carry on any

prohibited use within the district may be prohibited.

Under this bill, in counties, a licensed manufactured home community that is

a legal nonconforming use continues to be a legal nonconforming use

notwithstanding any repair or replacement of homes or infrastructure within the

community.

Also, under current law, restrictions that are contained in general city zoning

ordinances may not prohibit the restoration of a nonconforming structure if the

structure will be restored to the size, location, and use that it had immediately before

the damage or destruction occurred, or impose any limits on the costs of the repair,

reconstruction, or improvement if the nonconforming structure was damaged or

destroyed on or after March 2, 2006, and the damage or destruction was caused by

violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

This bill clarifies that these limitations on city zoning ordinances apply to the

replacement of a nonconforming structure.