Chapter 17.44
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
17.44.010 Regulation of nonconforming uses and structures.
17.44.015 Continuation, alterations and extensions.
17.44.030 Replacement following destruction.
17.44.040 Completion of nonconforming structure.
17.44.050 Prohibited nonconforming uses.
17.44.070 Regulation of nonconforming gas station uses and structures.
17.44.010 Regulation of nonconforming uses and structures.
Except as otherwise provided in CMC 17.44.070, nonconforming uses and structures shall be subject to the following regulations. (Ord. 755 § 2 (Exh. 8), 2021).
17.44.015 Continuation, alterations and extensions.
Subject to the provisions of this section, a nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended, except that:
A. The extension of a nonconforming use to a portion of a structure that was provided for the nonconforming use at the time the ordinance codified in this title was adopted shall be permitted, provided the parking requirements pursuant to Chapter 17.36 CMC, Off-Street Parking and Loading, are met.
B. A structure conforming as to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not further deviate from the standards of this title.
C. Any structure or use for which parking facilities do not meet the requirements of Chapter 17.36 CMC shall be considered a nonconforming use. Such nonconforming uses may continue, but no enlargement, expansion or increase in the number of businesses shall be made on the lot or within existing structures unless the entire parking requirements of Chapter 17.36 CMC for the expanded floor area or use intensification are met or an in-lieu parking fee can be applied in accordance with this title. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 717 § 2, 2015. Formerly 17.44.010).
17.44.020 Discontinuance.
A. If a nonconforming use is replaced by another use, the new use shall conform to this title.
B. If a nonconforming use is discontinued for a period of 180 days, all future use shall conform to the current provisions of this title. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 717 § 2, 2015).
17.44.030 Replacement following destruction.
A. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 60 percent of fair market value as indicated by the records of the County Assessor, a future structure or use on the site shall conform to this title.
B. Notwithstanding the above, a nonconforming residential structure may be replaced; provided, that:
1. The number of dwelling units is not decreased.
2. The replacement structure complies with all applicable development standards, unless a variance is approved.
3. A building permit for the replacement structure shall be applied for within two years of the former structure’s destruction and construction shall be diligently pursued. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 717 § 2, 2015).
17.44.040 Completion of nonconforming structure.
Nothing contained in this title shall require any change in the plans, construction, alteration, or designated use of a structure for which a permit has been issued and construction work has commenced prior to the adoption of this title, or any amendment thereto, that caused the structure or use to become nonconforming. However, such structure shall be completed and in use within two years from the time the permit was issued. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 717 § 2, 2015).
17.44.050 Prohibited nonconforming uses.
The following nonconforming uses are prohibited:
A. A nonconforming use not involving a structure.
B. A nonconforming use involving a structure having an assessed value of less than $1,000. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 717 § 2, 2015).
17.44.060 Nonconforming lots.
The minimum lot area and minimum lot dimensions prescribed for each zoning district apply to applications for new land subdivisions and lot line adjustments. They are not intended to prevent the development, subject to compliance with other provisions of this title, of a preexisting lot which was legally created but does not meet the minimum required lot area or dimensions applicable to the zoning district for such lot. (Ord. 755 § 2 (Exh. 8), 2021; Ord. 740 § 2 (Exh. A), 2018).
17.44.070 Regulation of nonconforming gas station uses and structures.
A. Purpose. To support implementation of General Plan OSC Goals 6 and 7 and Policy P1.3-3 through regulations that:
1. Provide for the continued operation of gas station uses as legal nonconforming uses and describe when they may be deemed abandoned.
2. Allow alterations to gas stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero-emission vehicles, or enable other uses permitted within the respective zoning district.
3. Prohibit gas station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.
B. Applicability. This section applies to:
1. All lawfully developed and operating gas station uses in existence prior to January 20, 2022.
2. All gas station uses not yet developed and/or operating but subject to an approved and unexpired land use permit.
C. Modifications to Gas Station Uses – Generally. Except as provided below, gas station uses and structures related thereto shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. As determined by the Director of Planning and Building, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).
D. Modifications to Improve Soil, Groundwater and Stormwater Quality. Gas station uses may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater.
E. 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 use may be modified to improve public safety.
F. Modifications to Enable Zero-Emission Vehicles (Battery Charging Station). Gas station uses may be modified to accommodate battery charging station(s) for zero-emission vehicles. Pursuant to Government Code Section 65850.7, no permit is required to install battery charging stations.
G. Modifications to Enable Zero-Emission Vehicles (Hydrogen Fuel Cell Station). Gas station uses may be altered to include facilities for the storage, conveyance and dispensing of hydrogen to zero-emission vehicles.
H. Modifications for Commercial Uses Other Than Fossil Fuel Sales. Gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales and provided for in the respective zoning district.
I. Modifications to Ensure Compliance With the General Plan. Gas station uses may be altered to ensure compliance with General Plan policies and regulations, including overlay designations, such as entry corridor overlays, character areas, and gateway designations.
J. Discontinuation of Gas Station Uses or Structures. A gas station use shall not be reestablished if such use has been discontinued for a continuous period of 180 days or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Zoning Administrator may extend the 180-day time frame when presented with documentation demonstrating construction has been pursued diligently and timely.
K. Applicability of This Chapter – Requirements to Gas Station Uses and Structures. CMC 17.44.020, 17.44.030(A), and 17.44.040 also apply to gas station uses and structures regulated pursuant to this section. The requirements of CMC 17.44.015, 17.44.030(B), 17.44.050, and 17.44.060 do not apply to gas station uses and structures regulated pursuant to this section. Nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure of the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary. (Ord. 755 § 2 (Exh. 8), 2021).