Division V. General Land Use Regulations
Chapter 18.76
NONCONFORMING USES AND STRUCTURES
Sections:
18.76.020 Continuation and maintenance.
18.76.030 Alterations and enlargements of nonconforming uses and structures.
18.76.040 Cessation and abandonment of nonconforming use.
18.76.050 Restoration of a damaged structure.
18.76.060 New occupancy on a site having certain nonconforming site features.
18.76.070 Zoning permits on sites having nonconforming features in the CP district.
18.76.010 Purpose.
This chapter is intended to limit the number and extent of nonconforming uses by limiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures, this chapter is intended to limit the number and extent of nonconforming structures by limiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.020 Continuation and maintenance.
A. A use, lawfully occupying a structure or a site on June 20, 2007, that does not conform with the regulations applicable for the district in which the use is located is a nonconforming use and may be continued, except as provided in this chapter.
B. A structure, lawfully occupying a site on June 20, 2007, that does not conform with the standards for front yards, side yards, rear yards, height, or floor area of structures, driveways, courts, or open space for the district in which the structure is located is a nonconforming structure and may be used and maintained, except as provided in this chapter.
C. A use that does not conform with the planting area regulations of the district in which it is located is not a nonconforming use solely because of this nonconformity.
D. Routine maintenance and repairs may be performed on a nonconforming structure and on a structure, the use of which is nonconforming.
E. A use, lawfully occupying a structure or site in the CP district prior to November 1, 2006, that does not conform with the regulations applicable to the CP district, is a nonconforming use and may be continued, except as provided in this chapter.
F. A structure or site lawfully existing in the CP district prior to November 1, 2006, that does not meet the development standards for the CP district, or that does not conform to the Old Town Pittsburg Design Guidelines, is a nonconforming structure or site and may be maintained, except as provided in this chapter. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.030 Alterations and enlargements of nonconforming uses and structures.
A. No structure, the use of which is nonconforming, may be moved or enlarged in violation of this chapter, unless the moving or enlargement is required by law or will result in the elimination of the nonconformity.
B. Exterior or interior remodeling of, or additions or improvements to, a structure located in an R or C district and housing a nonconforming residential use other than mixed use residential may be allowed without elimination of the nonconformity. The structure may be altered or enlarged in accordance with the development regulations of the applicable zoning district; provided, that the number of dwelling units is not increased.
C. A single-tenant structure housing a nonconforming use that is a use other than residential may be altered only to the extent of exterior or interior remodeling upon a finding by the zoning administrator that the alteration proposed (a) does not otherwise violate this chapter and (b) will not substantially extend the life of the nonconforming use in a manner that defeats the purpose of this chapter.
D. A multi-tenant structure partially occupied by a nonconforming use may not be moved or enlarged in such a way as to permit the enlargement of the space occupied by a nonconforming use. Interior remodeling or improvements to accommodate expansion of the nonconforming use within the exterior walls of the existing multi-tenant structure are permitted; provided, that the expansion of the nonconforming use into adjacent tenant spaces:
1. Does not increase the number of dwelling units within the building; or
2. Does not result in displacement of any conforming use or uses within the same building; or
3. Does not result in expansion of the nonconforming use into any vacant tenant space previously occupied by a conforming use.
E. Except as provided by subsections (B) and (D) of this section, a nonconforming use may not be enlarged or extended so as to occupy a part of the structure or site, or another structure or site, that it did not occupy on June 20, 2007, or in such a way as to displace a conforming use occupying a structure or site.
F. A nonconforming structure may not be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yard, side yard, rear yard, height of structure, distance between structures, driveway, court, or usable open space prescribed in the regulations for the district in which the structure is located. A nonconforming structure may not be moved or enlarged unless the new location or enlargement conforms to the standards for front yard, side yard, rear yard, height of structure, basic floor area, distance between structure, driveway, court, or usable open space prescribed in the regulations for the district in which the structure is located.
G. A use that fails to meet the performance standards of Chapter 18.80 PMC may not be enlarged or extended and may not have equipment replaced that results in failure to meet required conditions unless the enlargement, extension, or replacement will result in elimination of the nonconformity with required conditions. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.040 Cessation and abandonment of nonconforming use.
A. No nonconforming use that is abandoned or discontinued may be reestablished except in accordance with this section. For purposes of this section, “abandoned” or “discontinued” shall mean cessation of a use for a continuous period of nine or more months, regardless of intent to resume the use.
B. A nonconforming use that is ceased but that is not abandoned or discontinued may be resumed within nine months after the date of cessation of the use. The nonconforming use of the structure or site may not be changed to another nonconforming use, unless the city planner determines that:
1. The substitute nonconforming use and the nonconforming use it would replace are categorized under the same land use classification; and
2. The substitute nonconforming use, when compared against the nonconforming use it would replace, is similar in nature and would operate in substantially the same manner or in a manner that is more consistent with other uses permitted in the district in which the property is located; and
3. The substitute nonconforming use would not operate in violation of any use permit conditions applicable to the site or structure.
C. A nonconforming use that is ceased but not abandoned, and that was legally established under a use permit required by a prior ordinance, may not be reestablished except in accordance with PMC 18.28.090.
D. Abandonment of Nonconforming Use in the M District and in the Railroad Avenue Specific Plan PD District. Upon approval by the zoning administrator, a nonconforming use that is abandoned or discontinued from a structure located in the M district or the Railroad Avenue specific plan PD district may be reestablished in that existing structure; provided, that a certificate of occupancy for the structure was issued prior to June 20, 2007.
1. For purposes of this subsection, nonconforming use shall include all establishments classified under the same land use classification, except as may be limited by a use permit.
2. For purposes of this subsection, a nonconforming use within a multitenant building is considered to be abandoned or discontinued when the nonconforming use no longer occupies any of the units within the multitenant building.
3. Findings. In considering the reestablishment of a nonconforming use pursuant to this section, the zoning administrator may approve the use only after determining that the proposed use:
a. Will occupy an existing structure that, based on the architecture and design of the structure, could not appropriately accommodate a conforming use without significant remodeling of the structure;
b. Is not a detriment to the health, safety and general welfare of the city;
c. Will not adversely affect the orderly development of property within the city;
d. Will not create a nuisance or enforcement problem within the neighborhood;
e. Will not encourage marginal development within the neighborhood; and
f. Will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the city.
E. Abandonment of a Nonconforming Use in Districts Other Than the M District. A nonconforming use that is abandoned or discontinued may not be reestablished. The use of the structure and site thereafter must conform with the regulations for the district in which the structure and site are located.
F. Notwithstanding subsections (B), (C), (D) and (E) of this section, a nonconforming site, structure, or portion of a site or structure that is then occupied by a conforming use for a continuous period of six or more months may not be reoccupied by a nonconforming use. [Ord. 10-1327 § 3 (Exh. A), 2010; Ord. 09-1319 § 3(3)(A), 2009; Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.050 Restoration of a damaged structure.
A. If a nonconforming structure or a structure that contains a nonconforming use is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed if a building permit for the restoration is issued within nine months after the event and the restoration is diligently pursued to completion.
B. A nonconforming structure or a structure that contains a nonconforming use, that is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of more than 50 percent, may only be restored in accordance with the applicable land use and development regulations within which the site and structure are located.
C. The determination of the damage or partial destruction under subsections (A) and (B) of this section shall be based on the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the fair market value of the structure prior to the damage or partial destruction. The land value shall not be included as part of determining the fair market value of the structure. The appraisal for this purpose shall be performed by a licensed California State real estate appraiser who holds a certified general license. The cost of the appraisal shall be the sole responsibility of the property owner. The appraisal shall be submitted to the chief building official. The final determination as to the damage shall be the responsibility of the chief building official, which may or may not align with the appraisal.
D. Upon showing of sufficient evidence of progress to restore a damaged nonconforming structure as allowed by subsection (A) of this section, a property owner or designated applicant may request that the city planner extend the time permitted to obtain a building permit to restore the damaged structure. The extension of time approved by the city planner shall not exceed three months beyond the nine months allowed by subsection (A) of this section.
E. If a nonconforming structure or a structure that contains a nonconforming use destroyed by fire is voluntarily razed or is required by law to be razed, the structure may not be restored except in full conformity with the regulations for the district in which it is located. [Ord. 09-1316 § 2, 2009; Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.060 New occupancy on a site having certain nonconforming site features.
An applicant for a zoning permit in a C or I district for occupancy of a site or structure that is nonconforming due to lack of screening of mechanical equipment, required walls or fences to screen parking, required paving for driveways, or required planting areas must present a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding two years. The city planner may require that priority be given to elimination of nonconformities that have significant adverse impacts on surrounding properties over a commitment to remove nonconformities that have minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006; Ord. 979 § 2 (Exh. A), 1990.]
18.76.070 Zoning permits on sites having nonconforming features in the CP district.
An applicant for a zoning permit (PMC 18.32.010(B)(2)) in the CP district at a site that does not substantially conform to any subsection of the Old Town Pittsburg Design Guidelines or that does not conform to any applicable section of this title shall present a “schedule for elimination or substantial reduction of nonconformities” to bring the site into substantial conformance over a period not exceeding two years. Extensions beyond two years may be granted for projects involving major exterior renovations. The proposed “schedule” shall be reviewed and processed pursuant to Chapter 18.36 PMC, Design Review. The applicant must obtain design review approval for their “schedule” and all the design proposals included therein, prior to issuance of a zoning permit under PMC 18.32.010(B)(2). For purposes of this section, “new or expanded use” as stated in PMC 18.32.010(A) is defined as a new or expanded business, rather than a new use classification. [Ord. 07-1284 § 3 (Exh. F), 2007; Ord. 06-1273 § 4, 2006.]