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.
F. 
Nonconforming uses affected by a Hazard. See Chapter 20-35, Resilient City Standards.
(Ord. 3677 § 1, 2004; Ord. 4074 § 6, 2016; Ord. 2022-010 § 5; Ord. 2024-012, 11/19/2024)
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. This section shall not apply to destroyed nonconforming single and multi family dwelling units as provided by Section 20-61.050.C declared Hazards as provided by Chapter 20-35, Resilient City Standards. The nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, 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 D.b, below) may be reconstructed, repaired, restored, and used as before; provided that the restoration is initiated (as defined in Subparagraph D.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 D.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.
D. 
Definitions.
a. 
Restoration is initiated. As used in this Section, "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; Ord. 2024-012, 11/19/2024)
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. 
An applicant, other interested person, or an officer or official of a public entity, who considers an action (e.g., decision, determination, etc.) taken under the provisions of this Zoning Code by an official or City review authority to have been erroneously taken may appeal the action in compliance with the following:
1. 
Director decisions. A determination or decision by the Director may be appealed to the DRPB, Commission, or Council as applicable to the decision.
2. 
Zoning Administrator decisions. A determination or decision by the Zoning Administrator may be appealed to the DRPB, Commission, or Council as applicable to the decision.
3. 
DRPB decisions. A decision by the DRPB may be appealed to the Council; provided that a member of the DRPB shall not be allowed to appeal a DRPB decision.
4. 
Commission decisions. A decision by the Commission may be appealed to the Council; provided that a member of the Commission shall not be allowed to appeal a Commission decision.
B. 
Attached and detached 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 single- or multi-family dwelling unit has been involuntarily damaged or destroyed by accident (e.g., fire, explosion, 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;
c. 
The replacement structure:
(1) 
Is in compliance with the current Building Code, and
(2) 
Would not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure;
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.
3. 
For damage involving a declared Hazard see Chapter 20-35, Resilient City Standards.
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; Ord. 2024-012, 11/19/2024; Ord. 2025-003, 2/25/2025)
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.
C. 
Enforcement actions. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with the City Code and Chapter 20-68 (Enforcement).
(Ord. 3677 § 1, 2004)