This chapter is intended to permit continuation of uses and
continued occupancy and maintenance of structures that were legally
established but do not comply with all of the standards and requirements
of this Ordinance in a manner that promotes the public health, safety,
and general welfare and does not conflict with the goals and objectives
of the General Plan. The provisions of this chapter apply to structures,
land, and uses that have become nonconforming by adoption of this
Ordinance as well as structures, land, and uses that become nonconforming
due to subsequent amendments to its text or to the zoning map. More
specifically, the purpose of these regulations is to distinguish between
nonconforming uses that are detrimental to public health, safety,
and general welfare and those uses that are economically productive
and compatible with surrounding development despite being inconsistent
with applicable regulations and requirements.
B.
Nothing
contained in this Ordinance shall be deemed to require any change
in the plans, construction, or designated use of any building or structure
for which a Building Permit has properly been issued, in accordance
with the provision of ordinances then in effect and upon which actual
construction has been started prior to the effective date of this
Ordinance, provided that in all such cases, actual construction shall
be diligently carried on until completion of the building or structure.
(Ord. 1646 § 2, 2022)
Any lawfully established use, structure, or lot that is in existence
on the effective date of this Ordinance or any subsequent amendment
but does not comply with all of the standards and requirements of
this Ordinance shall be considered nonconforming. Nonconforming uses
and structures may only be continued subject to the requirements of
this chapter.
A.
Nonconformities. A nonconformity may result from any inconsistency with the requirements of this Ordinance including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Use Permit or other required authorization. A use or structure shall not be deemed nonconforming solely because it does not conform with the parking dimension standards, overnight vehicle parking limitations, loading, planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows, balconies, and terraces above the second floor that exceed maximum projections into required yards. Also see Section 20.330.003(B), Nonconforming Parking or Loading.
B.
Nonconforming Uses and Structures—Right to Continue. Any use or structure that was lawfully established prior to the
effective date of this Ordinance or of any subsequent amendments to
its text or to the Official Zoning Map may only be continued and maintained
provided there is no alteration, enlargement, or addition to any building
or structure; no increase in occupant load; nor any enlargement of
the area, space, or volume occupied by or devoted to such use, except
as otherwise provided in this chapter. The right to continue a nonconforming
use or structure shall attach to the land and shall not be affected
by a change in ownership. No substitution, expansion, or other change
in use and no alteration or other change in structures is permitted,
except as otherwise provided in this chapter.
C.
Nonconforming Lots. Any lot that is smaller than the minimum
lot size required by this Ordinance or does not meet any of the applicable
dimensional requirements shall be considered a lawful nonconforming
lot if it is described in the official records on file in the office
of the San Mateo County Recorder as a lot of record under one ownership.
A nonconforming lot may be used as a building site subject to compliance
with all applicable requirements, unless a variance or other modification
or exception is approved as provided for in this Ordinance.
D.
Airport Hazards. No permit shall be granted that would allow
the establishment or creation of an airport hazard or permit a nonconforming
structure or nonconforming use to be made or become higher or become
a greater hazard to air navigation than it was when the applicable
regulation was adopted or than it is when the application for a permit
is made.
(Ord. 1646 § 2, 2022)
Lawful nonconforming structures may be continued and maintained
in compliance with the requirements of this section unless deemed
to be a public nuisance because of health or safety conditions.
A.
Maintenance and Repairs. Maintenance, repairs and structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure except as provided in Section 20.320.004 (“Alterations and Enlargements to Nonconforming Structures”).
B.
Expansion of Area Occupied by Nonconforming Use. The physical
improvement of a nonconforming building or structure containing a
nonconforming uses shall not increase the area occupied by a nonconforming
use.
(Ord. 1646 § 2, 2022)
Nonconforming structures may be enlarged, extended, structurally
altered, or repaired in compliance with all applicable laws subject
to the following provisions:
A.
Additions
to and/or enlargements of nonconforming structures are allowed, and
no Use Permit is required, if the addition or enlargement complies
with all applicable laws and if the existing use of the property is
conforming except as provided for in this chapter.
B.
Additions or enlargements may be made to a building that is designed for and used as a residence without requiring any additional parking space or changes to an existing driveway provided that such alterations or enlargements neither trigger the need for additional parking pursuant to Chapter 20.330 (“On-Site Parking and Loading”), nor occupy the only portion of a lot that can be used for required parking or access to parking.
C.
Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.003 (“Accessory Dwelling Units”) and State law may be developed on a lot that contains a single-unit or multiple unit residential dwelling that is nonconforming with respect to standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, an accessory dwelling unit may be established when parking for the primary dwelling unit is provided to meet the applicable requirements of Chapter 20.330 (“On-Site Parking and Loading”). Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts.
D.
Additions
or enlargements that horizontally extend a nonconforming yard or height
or an alteration of a portion of a residential building that encroaches
into a nonconforming yard or which extends above the permitted height
may be authorized subject to the approval of a Minor Use Permit. The
Chief Planner may only approve such alterations or enlargements if
the use of the property is conforming and if the alteration/enlargement
would not:
1.
Further reduce any existing nonconforming yard provided that no setback
shall be less than three feet in a residential district;
2.
Exceed applicable building height limits;
3.
Further reduce existing nonconforming lot coverage or floor area
ratio requirements;
4.
Occupy the only portion of a lot that can be used for required parking
or access to parking when existing parking does not meet the requirements
of this Ordinance for the current or proposed use of the structure;
and
5.
Be detrimental to the light, views, or privacy of the adjacent neighbor.
E.
Substandard
Side or Rear Setbacks in the Downtown. Substandard side and/or rear
yard setbacks in the Downtown may be extended on the ground level
only and by no more than 50 percent of the existing wall length. In
all instances, side yard setbacks shall be a minimum of three feet
and rear yard setbacks shall be a minimum of 16 feet.
F.
Within
the Floodplain/Sea Level Rise Overlay.
1.
Demolition, Renovation, and Replacement. Where proposed demolition, renovation, or replacement occupies more
than 50 percent of the gross floor area, additions and improvements
are permitted provided the entire structure is brought into conformance
with all applicable standards.
2.
Damaged Properties. Redevelopment of
properties that have sustained damage and for which a flood insurance
claim has been filed may be brought into conformance with all applicable
standards.
(Ord. 1646 § 2, 2022)
No lawful nonconforming use shall be changed to a different use type or subclassification without the approval of a Use Permit unless the new use is permitted by right. This requirement shall not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 20.620 ("Use Classifications"), and the use is not expanded or intensified. For the purposes of this section, intensification includes an increase in the number of vehicle trips generated by a use, parking demand, number of employees on a site, hours of operation, and other similar characteristics as determined by the Chief Planner.
A.
Change from Nonconforming to Permitted Use. Any nonconforming
use may be changed to a use that is allowed by right in the district
in which it is located and complies with all applicable standards
for such use.
B.
Absence of Permit. Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining a Minor Use Permit pursuant to the requirements in Chapter 20.490 ("Use Permits").
C.
Substitutions. The Chief Planner may allow substitution
of a nonconforming use with another nonconforming use, subject to
approval of a Substitution of Nonconforming Use in accordance with
the provisions of this section.
1.
Application. An application requesting a substitution
of a nonconforming use shall be filed with the Planning Division and
will be referred to the Chief Planner for review and consideration.
2.
Required Findings. In addition to any other findings
required by this Ordinance, a decision to grant a Substitution of
Nonconforming Use shall be based on the following findings:
a.
The existing nonconforming use was legally established;
b.
The proposed new use would not be detrimental to public health,
safety, or welfare;
c.
The proposed new use would not preclude or interfere with implementation
of the General Plan or any applicable adopted specific, area, or community
plan;
d.
The proposed new use will not depress the value of nearby properties
or create conditions that would impede their redevelopment or use
in compliance with the General Plan;
e.
The proposed new use will be no less compatible with the purposes
of the district and surrounding uses that comply with the requirements
of this Ordinance than the nonconforming use it replaces;
f.
The proposed new use will not result in an average daily trip
increase based on a Parking Management and Monitoring Study and the
unique operational characteristics;
g.
The proposed new use will not be detrimental to the health,
safety, peace, comfort, or general welfare of persons residing or
working in the surrounding area or be detrimental or injurious to
property and improvements of adjacent properties, the surrounding
area, or the neighborhood because of noise, odors, dust, glare, vibrations,
or other effects; and
h.
The proposed new use will comply with all applicable standards
of the district and Citywide standards, there are special circumstances
peculiar to the property and its relation to surrounding uses or to
the district itself that would justify modification to applicable
standards, or the impacts of the new use will be mitigated.
D.
Plan Consistency. The Planning Commission or the Chief
Planner may find that the continuation, expansion, or substitution
of a nonconforming employment use is consistent with the General Plan
if the Use Permit or Substitution of Nonconforming Use is subject
to a condition that limits the term of such use or any other restriction
deemed necessary to ensure that approval of the Use Permit or Substitution
of Nonconforming Use would not interfere with, impede, or preclude
eventual implementation of the Plan. This determination shall be based
on information in the record including, but not limited to, financial
analysis and market studies.
E.
Conditions of Approval. In approving a Substitution
of Nonconforming Use, the decision-maker may impose any conditions
deemed necessary to:
1.
Ensure that the proposal conforms in all significant respects
with the General Plan and with any other applicable plans or policies
adopted by the City Council;
2.
Achieve the general purposes of this Ordinance or the specific
purposes of the zoning district in which the project is located;
3.
Achieve the findings for a substitution of nonconforming use
granted; or
4.
Mitigate any potentially significant impacts identified as a
result of review conducted in compliance with the California Environmental
Quality Act.
(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023)
Nonconforming uses shall not be expanded.
(Ord. 1646 § 2, 2022)
A lawful nonconforming building or structure that is damaged
or partially destroyed by fire, explosion, earthquake, or other unintentional
act may be restored or rebuilt subject to the following provisions.
A.
If
the cost of repair or reconstruction does not exceed 50 percent of
the appraised value of the building or structure replacement of the
damaged portions of the building is allowed by right provided that
the replaced portions are the same size, extent, and configuration
as previously existed. The determination of the appraised value shall
be the higher of:
B.
If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure replacement determined pursuant to subsection A above, the land and building shall be subject to all of the requirements of this Ordinance. However, the Chief Planner may approve a Minor Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.
C.
The
previous subsections notwithstanding, when the cost of repair or reconstruction
of a nonconforming residential building destroyed or damaged by an
unintentional act exceeds 50 percent of the appraised value of the
building at the time the damage occurs and the building is located
in any district where residential uses are allowed, the building may
be restored to the same size, extent, and configuration as previously
existed subject to the approval of a Minor Use Permit and the following
requirements:
1.
The minimum number of standard, open and accessible covered parking
spaces required by this chapter shall be provided;
2.
The number of units to be reconstructed shall be the number of units
legally existing at the time of the building’s partial destruction,
or one unit for each 950 square feet of lot area, whichever is less;
and
3.
There may be no increase in the intensity of any nonconforming condition.
(Ord. 1646 § 2, 2022)
If the nonconforming use of a building or structure, or a portion
of a building or structure ceases for a continuous period of one year,
it shall be considered abandoned and shall thereafter be used only
in accordance with the regulations for the district in which it is
located except as provided below. Abandonment includes the establishment
of a conforming use pursuant to the requirements of this Ordinance
in any space that was previously occupied by a nonconforming use.
It is the responsibility of the applicant to provide evidence demonstrating
to the satisfaction of the Chief Planner that the use was legally
established and has not been abandoned.
A.
No
nonconforming use may be resumed, reestablished, reopened, or replaced
by any other nonconforming use after it has ceased for a period of
one year subject to the following exceptions:
1.
No lawful residential use can lapse regardless of the length of time
of non-use;
2.
A nonconforming use of a portion of a building may be resumed or changed as provided for in Section 20.320.005 (“Changes and Substitutions of Nonconforming Uses”) subject to the approval of a Minor Use Permit.
3.
In any zoning district except a Downtown Residential or Downtown/Caltrain Station Area zoning district, the Chief Planner may approve an additional one-year time period during which the use will not be considered abandoned; provided, that the Chief Planner finds that economic conditions warrant the additional time. In the event that such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate unless an additional one-year time period is approved by the Planning Commission in accordance with subsection B below.
B.
In
any zoning district except a Downtown Residential or Downtown/Caltrain
Station Area zoning district, the Planning Commission may approve
an additional one-year time period during which the use will not be
considered abandoned; provided, that the Commission finds that economic
conditions warrant the additional time. In the event that such additional
time period is approved, the total period during which the use will
not be considered abandoned shall not exceed three years from the
date the use ceased to operate. The one-year period shall commence
when the use ceases and any one of the following occurs:
(Ord. 1646 § 2, 2022)
