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)
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)