Alameda Municipal Code § 30-20.7 Large Format Retail

Any nonconforming building, or any nonconforming use being conducted within a structure or upon open land may be continued, as provided in this section; except that

a. Any nonconforming use being conducted on open land, and not incidental or accessory to a use being conducted within a structure upon the site, shall not be continued longer than two and one-half (2 ½) years from the date of nonconformity under the provisions of this article.

b. Any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period of not longer than five (5) years from the date of nonconformity under the provisions of this article; and

c. If any nonconforming use is abandoned (not actively used), or voluntarily or by legal action caused to be discontinued for a period of one (1) year or more, then any subsequent use of the property shall be in conformity with the provisions of this article.

(Ord. No. 535 N.S. § 11-151; Ord. No. 1277 N.S.; Ord. No. 1343 N.S.)

If no structural alterations are made, a nonconforming use of a building may, upon approval of a use permit be changed to another nonconforming use of the same or more restricted use classification.

(Ord. No. 535 N.S. § 11-152; Ord. No. 1277 N.S.)

Nonconforming buildings, with conforming residential uses in residential zoning districts, may be reconstructed, with an equal or lesser nonconformity to the development standards of this chapter, subject to the approval process for improvements, as outlined in Section 30-37: Design Review Requirements. Such reconstruction may occur to repair damage as defined by subsection 30-20.4 of this chapter, or, as part of any duly permitted project to repair, remodel or replace an existing non-conforming structure. For reconstruction of nonconforming buildings with residential uses in residential zoning districts, the value limitations prescribed by subsection 30-20.4 do not apply.

(Ord. No. 2943 N.S. § 17)

Notwithstanding the provisions in subsection 30-20.3 of this chapter to allow reconstruction of nonconforming buildings with residential uses in residential zoning districts, the following regulations apply to nonconforming uses and buildings:

a. Changes Permitted. No nonconforming building or use shall be enlarged, extended, reconstructed or structurally altered, unless it is changed to conform to the regulations specified by this section, provided that routine maintenance and repairs required by applicable health and safety codes shall be permitted in an aggregate amount during a five (5) year period of not to exceed one hundred (100%) percent of the total appraised valuation as verified by a certified appraiser selected by the City, and conducted at the property owner's expense.

b. Restoration of Damaged Buildings. If at any time any nonconforming use or building shall be destroyed by fire, explosion, or act of God to the extent of more than seventy (70%) percent of the value thereof, then, and without further action by the City Council, the building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building are located. For the purposes of this section, the value of any building shall be the estimated cost of the replacement of the building in kind, as determined by the Building Official. Where any nonconforming building shall have been destroyed less than seventy (70%) percent, as specified above, a building permit for its restoration shall be secured not later than one (1) year from the date of such destruction and the restoration shall be completed within one (1) year from the date of issuance of the building permit.

(Ord. No. 2943 N.S. § 19)

Subsection 30-20.4 notwithstanding, any damaged or destroyed structure containing three (3) or more dwelling units may be rebuilt to its existing density as provided by subsection 30-53.3.

(Ord. No. 2363 N.S.)

a. The owner of any land or building classified as a nonconforming use under the provisions of this section may apply to the City Planning Director for a nonconforming use certificate. Upon such application, the City Planning Director shall issue such certificate, which shall set out the name of the owner, the location of the land or building, the extent and validity of such nonconforming use, and other appropriate data regarding such use.

b. Upon notification by the City Planning Director, the owner of any land or building classified as a nonconforming use under the provision of this section shall apply to the City Planning Director for a nonconforming use certificate. Upon such application, the City Planning Director shall issue such certificate as in paragraph a. above.

c. Any nonconforming use certificate issued under the provisions of paragraphs a. and b. above shall become invalid upon change of use or ownership, provided, that in the event of change of ownership the City Planning Director shall, upon request of the new owner, issue a new nonconforming use certificate, and provided, further, that in the event of change of use, the City Planning Director shall issue a new nonconforming use certificate upon the City Planning Board's approval of a Use Permit under the provisions of subsection 30-20.2 of this section.

(Ord. No. 535 N.S. § 11-156; Ord. No. 1277 N.S.; Ord. No. 1374 N.S.)

Existing large format retail uses, constructed and in use prior to March, 2008, that are located in commercial, manufacturing, Planned Development or M-X zoning districts where large format retail is allowed and that comply with the development standards of the zoning district shall not be classified as nonconforming.

(Ord. No. 2979 N.S. § 14)