A.
Purpose.
This Chapter provides regulations for nonconforming uses, structures,
and parcels that were lawful before the adoption, or amendment of
this Zoning Code, but which would be prohibited, regulated, or restricted
differently under the current terms of this Zoning Code, or future
amendments.
B.
Intent.
It is the intent of this Chapter to discourage the long-term continuance
of nonconformities, providing for their eventual elimination, while
allowing them to exist under the limited conditions identified in
this Chapter.
C.
Detrimental
to orderly development. The continuance of a nonconforming use or
structure is generally detrimental to the orderly development of the
City and the general welfare of its residents and is particularly
detrimental to the welfare of persons and property in the vicinity
of any nonconformity.
D.
Illegal
use or structure. Any use or structure which was established or constructed
in violation of the applicable zoning regulations in effect at the
time of establishment or construction and which is not in conformity
with the applicable regulations of this Zoning Code, is not a nonconforming
use or structure, and the use or structure is in violation of this
Code.
(Ord. 3677 § 1, 2004)
A.
Continued,
transferred, or sold. Nonconforming uses may be continued, transferred,
or sold, but only in compliance with the provisions of this Chapter.
B.
Replacing
nonconforming uses with similar uses.
1.
A
nonconforming use may be changed to another nonconforming use of a
similar or more restricted classification or nature; provided, the
proposed new nonconforming use would not increase the degree or intensity
of the nonconformity.
2.
The
replacement nonconforming use shall serve as the "new bench mark"
in terms of establishing the acceptable level of nonconformity.
3.
Where
a nonconforming use is changed to another nonconforming use of a more
restrictive classification, it shall not thereafter be changed to
a use of a less restrictive classification.
C.
Enlargement
or expansion of use not allowed.
1.
Nonconforming
use of land. A nonconforming use of land which does not involve any
structure, except accessory structures, shall not be enlarged or expanded
in size or capacity, or extended to occupy a greater area, or increased
in intensity. "Accessory structures," as used in this Subsection,
include driveways, fences, parking areas, signs, walls, or minor structures
less than 400 square feet in area.
2.
Nonconforming
use of a structure. Changes to a nonconforming use of a structure
by addition, enlargement, extension, reconstruction, or relocation,
may be allowed only if the changes comply with all of the regulations
of the applicable zoning district and the following provisions:
a.
A nonconforming use of a structure may only be expanded or enlarged in size or capacity, or extended to occupy a greater area, or increased in intensity through the approval of a Minor Conditional Use Permit in compliance with Section 20-52.050.
b.
In approving the Minor Conditional Use Permit, the review authority shall make the following finding, in addition to those identified in Section 20-52.050 G. (Findings and decision): The enlargement, expansion, extension, or increase would not increase the degree or the detrimental effects of the nonconformity.
D.
Loss
of nonconforming status.
1.
If
a nonconforming use of land, or a nonconforming use of a conforming
structure, is discontinued for a continuous period of at least six
months, the rights to legal nonconforming status shall terminate.
The time limit for maintaining a legal nonconforming status for properties
located along the north side of Sebastopol Road to Highway 12, between
Stony Point Road and Dutton Avenue, as illustrated in Figure 6-1,
shall be 24 months, for existing nonconforming uses and structures,
to maintain a vibrant and thriving industrial area until such time
as the area is ready to convert to residential and mixed residential
and retail uses.
2.
The
nonconforming use shall not be resumed once the use has been terminated
for at least six months, or 24 months for properties located along
the north side of Sebastopol Road, between Stony Point Road and Dutton
Avenue.
3.
The
Director shall base a determination of discontinuance on evidence
including the removal of equipment, furniture, machinery, structures,
or other components of the nonconforming use, disconnected or discontinued
utilities, or no business receipts/records to document continued operation.
4.
Without
further action by the City, any further use of the site shall comply
with all of the regulations of the applicable zoning district and
all other applicable provisions of this Zoning Code.
 Figure 6-1 – Sebastopol Road north to Highway 12,
between Stony Point Road and Dutton Avenue
|
E.
Gas
station modifications.
1.
Gas stations and related fossil fuel infrastructure shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use except as outlined below or as required for compliance with local, State, or Federal law, or as approved by the CUPA. Fossil fuel infrastructure subject to this provision includes, but is not limited to, structures, features, and facilities related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers). A Minor Use Permit shall be required for any modifications to existing gas stations and fossil fuel infrastructure unless proposed modifications are subject to review by a higher review authority pursuant to City Code Section 20-50.020, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority. Land use entitlements required pursuant to this section are in addition to applicable CUPA permitting requirements.
a.
Modifications to improve air, soil, groundwater, and stormwater quality.
Gas stations may be modified to conform to current air or stormwater
quality control regulations or to remediate contamination of soil
or groundwater.
b.
Modifications to improve traffic safety. As determined by the City
Engineer, the pedestrian and vehicular circulation features (e.g.,
curbing, sidewalks, traffic control devices) of a gas station may
be modified to improve public safety.
c.
Modifications to enable zero emission vehicles (battery charging
station). Gas stations may be modified to accommodate battery charging
station(s) for zero emission vehicles. Pursuant to Government Code
Section 65850.7, this Zoning Ordinance requires no permit for battery
charging stations.
d.
Temporary and permanent closure of gas stations. The temporary and permanent closure of gas stations shall be subject to City Code Title 17, Environmental Protection, Chapter 17-34, Certified Unified Program Agency (CUPA), and California Code of Regulations Title 23, Chapter 16, Article 7, Underground Storage Tank Closure Requirements, Sections 2670-2672, Temporary and Permanent Closure, and as outlined in the Santa Rosa Fire Department Underground Storage Tank Closure Policy and Guidelines.
(Ord. 3677 § 1, 2004; Ord. 4074 § 6, 2016; Ord. 2022-010 § 5)
A.
Continued,
transferred, or sold. Nonconforming structures may be continued, transferred,
or sold, but only in compliance with the provisions of this Chapter.
B.
Nonconforming
structures and involuntary damage. Except as provided by Section 20-61.050.C
(Destroyed nonconforming singleand multi-family dwelling units), below,
the nonconforming status shall terminate if a nonconforming structure
is involuntarily damaged or destroyed by accident (e.g., fire, explosion,
etc.) or natural disaster (e.g., earthquake, etc.) provided that the
structure may be repaired and reoccupied only in the following manner:
1.
Damage
up to 50 percent of market value. A nonconforming structure involuntarily
damaged up to 50 percent of its current market value (as defined in
Subparagraph 5.b, below) may be reconstructed, repaired, restored,
and used as before; provided that the restoration is initiated (as
defined in Subparagraph 5.a, below) within 12 months, and is substantially
completed within 24 months from the date of application for the required
Building Permit.
2.
Damage
to 50 percent or more of market value. A nonconforming structure involuntarily
damaged to 50 percent or more of its current market value (as defined
in Subparagraph 5.b, below) shall not be reconstructed, repaired,
or restored, except in conformity with the applicable requirements
of the subject zoning district.
C.
Nonconforming
structures and voluntary repair and maintenance. The ordinary and
normal repair and maintenance work that may be required to keep a
nonconforming structure in sound condition may be made in compliance
with this Subparagraph. A nonconforming structure may undergo ordinary
and normal repair and maintenance only in the following manner:
1.
Minor
repair. Minor normal repair and maintenance may be made to a nonconforming
structure:
a.
Provided that no structural alterations are made (exception: see
Subparagraph C.1.b, immediately below), and the work does not exceed
50 percent of the current market value of the structure during any
calendar year;
b.
For purpose of this Subparagraph the cost of any required foundation
work shall not be counted within the 50 percent limitation.
2.
Major
repair. Major repair to a nonconforming structure, when the cost of
repairing or replacing the damaged portion of the structure exceeds
50 percent of the current market value of the structure, before damage
or destruction, may occur with Conditional Use Permit approval, where
the review authority first determines that the major repairs are necessary
to correct potential hazards to public health or safety.
3.
Other
voluntary modifications. The addition, enlargement, extension, reconstruction,
or structural alteration of a nonconforming structure may be allowed
with Conditional Use Permit approval; provided that the review authority
determines that the modification is necessary to secure added safety
or to reduce the fire hazard and/or to secure aesthetic advantages
through the alignment, architecture, or closer conformity to surrounding
allowed structures in the immediate neighborhood, and only in compliance
with Subparagraphs C.1 and C.2, above.
5.
Definitions.
a.
Restoration is initiated. As used in this Subsection,
"restoration is initiated" requires that, at a minimum, a complete
Building Permit application has been filed.
b.
Current market value.
(1)
As used in this Subsection, "current market value" is the market
value of the structure immediately before the occurrence of the damage.
(2)
For purposes of administering the provisions of this Subsection, the applicant shall submit an appraisal from a licensed appraiser and the City's Building Official shall verify the appraiser's determination of the current market value of the damaged structure, which determination shall be final, unless appealed in compliance with Chapter 20-62 (Appeals).
(Ord. 3677 § 1, 2004; Ord. 3711 § 1 Exh. A, 2005)
A.
Legal
building site. A nonconforming parcel that does not comply with the
applicable area or width requirements of this Zoning Code shall be
considered a legal building site if it meets at least one of the following
criteria, as documented to the satisfaction of the Director by evidence
furnished by the applicant.
1.
Approved
subdivision. The parcel was created by a recorded subdivision;
2.
Individual
parcel legally created by deed. The parcel is under one ownership
and of record, and was legally created by a recorded deed before the
effective date of the zoning amendment that made the parcel nonconforming;
3.
Variance
or lot line adjustment. The parcel was approved through the Variance
procedure or resulted from a lot line adjustment;
4.
Partial
government acquisition. The parcel was created in compliance with
the provisions of this Zoning Code, but was made nonconforming when
a portion was acquired by a governmental entity so that the parcel
size is decreased not more than 20 percent and the yard facing a public
right-of-way was decreased not more than 50 percent; or
5.
Certificate
of Compliance. A Certificate of Compliance has been issued, in compliance
with Title 19 (Subdivisions) of the City Code, verifying that the
parcel complies with the applicable provisions of Title 19 and the
Subdivision Map Act.
B.
Subdivision
or lot line adjustment of a nonconforming parcel. No subdivision or
lot line adjustment shall be approved that would increase the nonconformity
of an existing parcel or any nonconforming use on the parcel.
(Ord. 3677 § 1, 2004)
A.
Historic structures. Nonconforming structures of historical significance may be altered or enlarged with Landmark Alteration Permit approval granted by the CHB, in compliance with Section 20-52.050, without conforming to current setback provisions; provided, the historic structure is:
B.
Single-family dwellings. Single-family dwellings are exempt from the provisions of this Chapter as follows, and as provided by Subsection C (Destroyed nonconforming dwelling units).
1.
Height.
An existing single-family dwelling that is nonconforming only because
it exceeds the height limit of the applicable zoning district, shall
not be required to comply with the provisions of this Chapter.
2.
Setbacks.
Where a single-family dwelling or a detached accessory structure,
is nonconforming only by reason of substandard setbacks, the provisions
of this Section shall not apply; provided that any structural alteration
of a nonconforming structure shall not increase the degree of nonconformity,
and any enlargements shall comply with the setback requirements of
the applicable zoning district.
3.
Parking.
A single-family dwelling that is nonconforming with respect to the
parking requirements of this Zoning Code is exempt from requirements
of this Chapter that would otherwise require compliance with the parking
requirements of this Zoning Code.
C.
Destroyed
nonconforming dwelling units.
1.
Where
the review authority determines that a nonconforming singleor multi-family
dwelling unit has been involuntarily damaged or destroyed by accident
(e.g., fire, explosion, etc.) or natural disaster (e.g., earthquake,
etc.), the unit may be reconstructed or replaced with a new structure
using the same development standards applied to the damaged or destroyed
structure (e.g., building footprint, building height, density standards,
number of dwelling units, setbacks, and floor area); provided:
a.
The applicant provides documentation, satisfactory to the review
authority, supporting the claim that the damage or destruction occurred
involuntarily;
b.
No expansion of the gross floor area or number of dwelling units
occurs;
d.
A Building Permit is issued no later than 12 months after the date
of destruction, and construction is diligently pursued to completion.
2.
If
the preceding requirements are not met, the replacement structure
shall comply with all of the regulations of the applicable zoning
district in effect on the date of application for the required Building
Permit.
D.
Seismic
retrofitting. Alterations, reconstruction, or repairs otherwise required
by law (e.g., City adopted Building, Electrical, Plumbing Codes) shall
be allowed. Reconstruction required to reinforce unreinforced masonry
structures or to comply with Building Code requirements shall be allowed
without cost limitations; provided, the retrofitting and Code compliance
are limited exclusively to compliance with earthquake safety standards
and other applicable Building Code requirements.
E.
Nonconforming
upon annexation. Nonconforming uses or structures, or both, which
are lawfully existing at the time the property on which they are located
is annexed to the City, and which do not conform to the regulations
of the subject zoning district following annexation, shall be deemed
nonconforming uses or structures, or both, and shall, upon annexation,
be subject to the provisions of this Chapter.
F.
Nonconforming
due to a lack of a Conditional Use Permit.
1.
Conformity of uses requiring Conditional Use Permits. A use lawfully existing without a Conditional Use Permit that would be required by this Zoning Code to have Conditional Use Permit approval, in compliance with Section 20-52.050, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.)
2.
Previous
Conditional Use Permits in effect. A use that was authorized by a
Conditional Use Permit but is not allowed by this Zoning Code in its
current location may continue, but only in compliance with the original
Conditional Use Permit (e.g., if the original Conditional Use Permit
specified a termination date, then the use shall terminate in compliance
with the requirements of the Conditional Use Permit.)
G.
Previous permits. A use or structure which does not conform to the current regulations of the subject zoning district, but for which a Building Permit, or a permit or entitlement approved in compliance with this Zoning Code, was issued and exercised before the applicability of this Zoning Code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this Chapter. For the purposes of this Subsection, the provisions of Section 20-54.050 (Time Limits and Extensions) shall govern the determination of whether the permit or entitlement has been exercised in a timely manner.
H.
Public
utilities. The provisions of this Chapter, concerning the required
removal of nonconforming uses and structures, and the reconstruction
of nonconforming structures partially destroyed, shall not apply to
public utility structures when the structures pertain directly to
the rendering of the service of distribution of a utility (e.g., electric
distribution and transmission substations, gas storage, metering,
and valve control stations, steam electric generating stations, water
wells and pumps, etc.); nor shall any provision of this Chapter be
construed to prevent the expansion, modernization, or replacement
of the public utility structures, equipment, and features, that are
used directly for the delivery of or distribution of the service.
I.
Public
acquisition.
1.
Nonconforming
due to public acquisition. Whenever any structure or parcel is rendered
nonconforming within the meaning of this Chapter by reason of a reduction
in a required parcel area, reduction of off-street parking facilities,
or setbacks occurring solely by reason of dedication to, or purchase
by, the City for any public purpose, or eminent domain proceedings,
which result in the acquisition by the City or any agency authorized
for the eminent domain proceedings of a portion of the property, the
same shall not be deemed nonconforming within the meaning of this
Chapter.
2.
Required
reconstruction, remodeling, or repair. Any required reconstruction,
remodeling, or repair shall be limited to that necessary to render
the structure reasonably safe for continued use; provided, all reconstruction,
remodeling, or repair work shall be substantially completed within
12 months from the date of application for the required Building Permit.
(Ord. 3677 § 1, 2004)
Uses and structures that did not comply with the applicable provisions of this Zoning Code or prior planning and zoning regulations when established are violations of this Zoning Code and are subject to the provisions of Chapter 20-68 (Enforcement). This Chapter does not grant any right to continue occupancy of property containing an illegal use or structure. The activity shall not be allowed to continue unless/until permits or entitlements required by this Zoning Code and the City Code are first obtained.
(Ord. 3677 § 1, 2004)
A.
Not
applicable to public nuisances. The provisions of this Chapter shall
not apply to a use or a structure which is, or which becomes, a public
nuisance.
B.
Continuance
of public nuisances prohibited. The provisions of this Chapter do
not allow, and shall not be interpreted to allow, the continuation
of a use or structure which is deemed a public nuisance or which is
prohibited or otherwise made unlawful, in whole or in part, by the
City Code (including the Building Code, Fire Code, Zoning Code, etc.)
or by laws enacted by the State or Federal government which are applicable
to this City.
(Ord. 3677 § 1, 2004)
