9.6.3 ALTERATIONS AND ADDITIONS TO NON-CONFORMING STRUCTURES[9]

• (a) No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front

7 Added by Ord. 2017-1124, §36, 11/28/2017

8 Amended by Ord. 722, 11/1/84

9 Amended by Ord. 2016-1100, §22, 2/23/2016

yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located.

• (b) For purposes of this section, additions to single family homes in a single family residential District shall comply with applicable current setback and height requirements, except that building walls may extend along a legal non-conforming side yard setback line, if the wall does not reduce the existing setback and maintains no less than a five-foot side yard setback for interior lot lines and a ten-foot side yard setback for exterior lot lines (street side yards). Extension of legal non-conforming side yard setbacks shall comply with the requirements of the Residential Design Criteria and Residential Design Guidelines, as applicable.

• 9.6.4 CHANGE OF USE, ABANDONMENT OF NONCONFORMING USE - A nonconforming use of a structure or site shall not be changed to another nonconforming use.

Whenever a nonconforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of 90 days, the nonconforming use shall not be re-established, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.

• 9.6.5 RESTORATION OF A DAMAGED STRUCTURE - Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, shall be destroyed by fire or other calamity to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion.

Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which it is located, shall be destroyed by fire or other calamity to a greater extent than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed; provided, however, that:

ulations for the district in which it is located, shall be destroyed by fire or other calamity to a greater extent than 50 percent, or shall be voluntarily razed or shall be required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed; provided, however, that:

• (a) Any residential structure which was constructed in conformance with the Code requirements relating to coverage, front, side and rear yard, height of structure and distance between structures in effect at the time the building permit for said structure was issued, and which is legal use at the time of adoption of this Ordinance may, if destroyed by fire or other calamity to a greater extent than 50 percent, be restored so as to conform to the standards of lot coverage, front, side and rear yard, height of structure and distance between structures maintained by said structure at the time of its destruction; provided further that such reconstruction shall be in accordance with all other provisions of this Code and applicable City Ordinances.

• (b) The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made or shall be reviewed and approved by the Zoning Administrator.

• 9.6.6 ELIMINATION OF NONCONFORMING USES - The following nonconforming uses shall be discontinued and removed from their sites within 3 years from the effective date of this Ordinance.

  • (a) A nonconforming use which does not occupy a structure.

  • (b) A nonconforming use occupying a structure having an assessed valuation of less than $500.00.

  • (c) A nonconforming sign, billboard or outdoor advertising structure, except an identification sign or signs with an aggregate area of not more than 36 square feet pertaining to use conducted on the site.

  • (d) A nonconforming fence.

• 9.6.7 SCHEDULE FOR DISCONTINUANCE - Provided that a nonconforming use other than a use prescribed in paragraphs (a), (b), (c) and (d) of this Section shall be permitted to continue for not more than 20 years following the effective date of this Ordinance, all other non-conforming uses in all zoning districts, except multiple dwellings in the R-1 Residential Districts, one family residences in the R-2, R-3, R-4 and R-5 Multiple Dwelling Districts, and one family residences, lodging and multiple dwellings in the C-1 Neighborhood Shopping Districts, shall be discontinued and removed from their sites in accordance with the following schedule:

  • (a) For a use occupying a structure defined in the Building Code of the City as Type I, 50 years from the date the structure originally was erected.

  • (b) For a use occupying a structure defined in the Building Code of the City as Type II or Type III, 40 years from the date the structure originally was erected.

• (c) For a use occupying a structure defined in the Building Code of the City as Type IV or Type V, 35 years from the date the structure originally was erected.

• 9.6.8 ELIMINATION OF NONCONFORMING STRUCTURES - A structure having an assessed valuation of less than $500.00 which does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located shall be removed from its site within three years from the effective date of this Ordinance, except that if the structure is altered to comply with such standards, this provision shall not apply.

• 9.6.9 TIME WHEN USE OR STRUCTURE BECOMES NONCONFORMING - Whenever a use or a structure becomes nonconforming because of change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this Section for the elimination of the use or the removal of the structure shall be computed from the effective date of the change of district or regulations.

• 9.6.10 NONCONFORMITY WITH DEVELOPMENT STANDARDS[10]

10 Amended by Ord. 474, 6/28/71; Ord. 2018-1131, §32, 4/24/2018

Nonconforming Outdoor Storage - Existing uses involving outside storage not conforming to the provisions of this Ordinance shall, within two years, bring the premises into conformity.

• 9.7 YARD AND SETBACK REQUIREMENTS – EXCEPTIONS - Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage, unless otherwise specified.

• 9.7.l PERMITTED IN ANY YARD

  • (a) Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than 30 inches.

  • (b) Unroofed exterior stairs, landings and decks of open design which project 30 inches or less in height from finished grade.[ 11]

  • (c) Unroofed exterior stairs, landings and decks of open design which project 30 inches or more in height from finished grade, which[12]

    • (1) Project no more than 6 feet into the required front or rear yard or

    • (2) Project no more than 3 feet into the required side yard and are no greater than the minimum size required by the California Building Code, and

    • (3) Do not extend above the entry level of the home, except for the railing.

  • (d) Chimney, not more than eight feet in width and projecting not more than 24 inches.

  • (e) Flagpole, garden ornament.

  • (f) Fences, walls or lattice-work screens having a height of not more than six feet above any portion of the adjoining ground level, provided that no such fence, wall lattice-work screen or any hedge shall exceed three and one half feet in height when located in any front setback area within 40 feet of a street intersection.

• (g) Driveway bridges including all structural components, walls, piers, etc., which are required to provide vehicular access to on-site parking are permitted within the required front and side yards.[ 13]

  • (h) Uncovered parking spaces required in conjunction with the creation of an Accessory Dwelling Unit under Section 24.[14]

• 9.7.2 PERMITTED IN FRONT AND REAR YARDS

  • (a) One story bay windows projecting not more than three feet into the yard.

11 Amended by Ord. 2016-1100, §23, 2/23/2016

12 Amended by Ord. 623, 4/24/78

13 Amended by Ord. 2016-1100, §23, 2/23/2016

14 Amended by Ord. 2017-1118, §32, 5/23/2017

• (b) Unroofed balcony, provided that no such balcony shall project into any required front yard nor more than four feet into a rear yard.

• 9.7.3 YARD REQUIREMENTS - ACCESSORY USES

  • (a) In any R District, garden structures (e.g., pergola, arbor, trellis, etc.) that do not require a building permit and otherwise meet building standards may occupy any yard area.[15]

  • (b) Accessory buildings (i.e. garages, accessory dwelling units, and storage sheds) may occupy part of the yard area subject to the limitations contained in Sections 4, 9, and 24, and shall be included in the calculation of floor area ratio (FAR), when the floor to ceiling distance of such buildings is greater than or equal to six feet and six inches in height.[16]

  • (c) A distance of not less than five (5) feet shall be maintained between any accessory building and the main building on a lot or parcel.[17]

  • (d) In any C District, all storage shall be enclosed by solid walls or fence, including solid door or gates thereto, at least six (6) feet high, but in no case lower in height than the enclosed storage. Said storage areas may be open to the sky; however, open off-street load facilities and open off-street parking facilities for the parking of motor vehicles may be unenclosed throughout the District except for such screening of parking and loading facilities as may be required under the provisions of Section 8 herein. Storage is defined as:[18 ]

(STORAGE - OUTDOOR) - The maintenance, depository or warehousing of any material, including but not limited to refuse, containers, machinery or other similar goods, for more than seven (7) consecutive days in an area outside of a building.

• 9.7.4 FRONT SETBACK - EXCEPTION - In any R District the front yard setback may not be smaller than the building setback line shown on the approved subdivision map for the lot.[19]

• 9.7.5 TRANSITIONAL YARDS - C AND M DISTRICTS - Wherever a C or M District adjoins an R District, transitional yards shall be provided in accordance with the following regulations:

  • (a) When lots in any C or M District front on a street and at least 80 percent of the frontage directly across the street between the two consecutive intersection streets is in an R District, a 15-foot front yard shall be maintained on the lots in the C or M District.

• (b) In a C or M District where a side lot line coincides with a side or rear lot line of property in an adjacent R District, a yard shall be provided along such side lot line, such yard shall be equal in dimension to the minimum side yard which would be required under this Ordinance for the R use permitted on the adjacent property.

  • (c) In a C or M District, where a rear lot line coincides with a side lot line of property in an adjacent R District, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard, which would be required under the R use permitted on the adjacent property.

15 Amended by Ord. 2017-1118, §33, 5/23/2017 16 Amended by Ord. 2017-1118, §33, 5/23/2017

17 Amended by Ord. 366, 5/22/67

18 Amended by Ord. 577, 8/9/76

19 Amended by Ord. 2016-1100, §24, 2/23/2016

• (d) In a C or M District, where a rear lot line coincides with a rear lot line of property in an adjacent R District, a yard shall be provided along such rear lot line. Such yard shall be not less than ten feet in depth.

• (e) In a C or M District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in an R District, a yard equal in depth to the minimum front yard required by this Ordinance on such adjacent lot in the R District shall be provided along such front or side lot line for a distance of at least 50 feet, including the width of an intervening alley, from such lot in the R District.

• (f) All required yards shall be unobstructed from the ground to the sky except as allowed in Section 9.7.

• 9.8 ZONING RIGHTS-OF-WAY - All streets, alley, railroad rights-of-way, waterways and other public ways, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property immediately abutting upon such alley, streets, public ways, waterways and railroad rights-of-way.

• 9.9 MOST RESTRICTIVE REGULATIONS GOVERN - Wherever the regulations made under the authority of this Ordinance require a greater width or size yards or courts, are more restrictive as to the height of buildings or permit a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose standards which are more restrictive than are required by any other City Ordinance or regulations, the provisions of any other City Ordinance or regulations require a greater width or size of yards or courts, or are more restrictive as to the height of building or permit of a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other standards which are more restrictive than are required by the regulations contained herein, the provisions of such Ordinance or regulation shall govern.

• 9.9.1 PUBLIC SERVICES EXEMPTED - This Ordinance shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all Federal, State, County and City regulations:

• (a) Public street or highway.

  • (b) Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distributing and transmitting equipment for telephone or other communications, electric power, gas, water and sewer lines provided that the installation shall conform when applicable with the rules and regulations of any Federal or State Commissions and Agencies, or any other authorities having jurisdiction and subject to other City Ordinances, provisions, rules and regulations.

  • (c) Railroad right-of-way, excluding yards and stations.

  • (d) Incidental appurtenances to any of the above.

• 9.9.2 COMMISSION REPORTS - The regular Minutes of the Planning Commission shall constitute a written report on any Commission action included in such Minutes.

• 9.9.3 GEOLOGIC HAZARDS - Any action taken under this ordinance shall conform to requirements for geotechnical and geologic investigations as set forth in Section 7-12 (a-d) of

the City Code. In the event of conflicting statements regarding permissible uses, Section 7-12(d) shall govern.[20]

• 9.10. CANNABIS BUSINESSES. The use of land for cannabis business activity, including any commercial cannabis activity requiring a license under Business and Professions Code Division 10, is prohibited in all zoning districts and specific plan areas except as provided in Section 9.10.1.[21]

• 9.10.1 Retail sale and distribution of cannabis may be allowed in the S-3 District as provided in Section 21.4.2.[22]

20 Amended by Ord. 796, 6/21/88

21 Amended by Ord. 2017-1128, §6, 12/12/2017; Ord. 2023-1173, §3, 11/14/2023

22 Added by Ord. 2023-1173, §3, 11/14/2023

SECTION 10 - PLANNING PROCEDURES[1]

Editor’s note: current through Ordinance 2025-1192

• 10.1 Public Hearings 10.2 Service of Notice 10.3 Zoning Administrator 10.4 Entitlement Applications 10.5 Entitlement Review

• 10.6 Variances

• 10.7 Use Permits

• 10.8 Reasonable Accomodations

• 10.9 Revoking or Modifying Entitlements For Cause

• 10.10 Discontinuance of Use Permit, Variance, or Nonconforming Use

• 10.11 Review of Entitlement Decisions

• 10.12 Error

• 10.1 PUBLIC HEARINGS. This section describes the procedure for noticing public hearings required by other Sections of the Zoning Ordinance.

• 10.1.1 General Notice . When notice of a public hearing is required to be given under this Section, notice is given in all of the following ways:

  • (a) Mailing . Notice of the hearing is mailed or delivered at least 10 days before the hearing to all of the following:

    • (1) Applicant . The project applicant, if other than the city.

    • (2) Persons Requesting Notice . Any person who has filed a written request for notice with the Zoning Administrator under Government Code Section 65092. Requests for notice must be accompanied by the fee established by the Council and annually renewed.

  • (b) Posting . Notice of the hearing is posted at least 10 days before the hearing as follows:

• (1) In at least three public places in the city, one of which may be satisfied by posting as provided in subsection (b)(2) or in Section 10.1.3(b).

  - (2) An applicant seeking an entitlement for a specific property must post a copy of the notice, provided by the City, at the front property line of the property subject to the entitlement request, in a manner readable from the public right-of way. 
  

• 10.1.2 Owners and Agencies. When notice of a public hearing is required to be given under this Section, notice of the hearing is given as provided in 10.1.1 and is mailed or delivered at least 10 days before the hearing to:

1 Section 10 was substantially rewritten by Ord. 2018-1131, 4/24/2018; previously amended by 2015-1083, 1/27/2015; Ord. 906, 7/11/96; Ord. 717, 3/13/84; Ord. 591, 1/24/77; Ord. 520, 11/26/73; Ord. 502, 2/23/73; Ord. 464, 3/22/71; Ord. 404, 11/12/68

City of Belmont Zoning Ordinance

10-1

• (a) Owner . The owner of any real property that is the subject of the application, and owner’s duly authorized agent, if any.

• (b) Local Agencies . Each local agency expected to provide water, sewage, highways, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

• 10.1.3 Area Notice . When notice of a public hearing is required to be given under this Section, notice is given as provided in 10.1.1 and 10.1.2, and at least 10 days before the hearing is given as follows:

  • (a) Notice is mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, records of the county assessor that contain more recent information than the assessment roll may be utilized.

  • (b) Posted notice under Section 10.1.1(b) must include the area directly affected by the proceeding, if any.

• 10.1.4 Additional Notice . The city may give notice in any other manner it deems necessary or desirable in addition to the notice required by this section. This may include publishing the notice at least once in a newspaper of general circulation within the county at least 10 days before the hearing.

• 10.1.5 Content of Notice.

  • (a) Notice of a public hearing on an entitlement application shall include the date, time and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, including any proposed environmental determination and action, any recommendation of the planning commission or other advisory body, and a general description, in text or by diagram, of the location of real property, if any, that is the subject of the hearing.

  • (b) In accordance with Government Code Section 65009(b), all public notices related to projects within the scope of the state Planning and Zoning Law must include notice stating substantially all of the following:

“If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator at, or prior to, the public hearing.”

• (c) The city may require project applicants to provide all information and materials needed to give notice.

• 10.1.6 Failure to receive notice . The failure of the city to give notice or the failure of any person or entity to receive notice of a public hearing shall not constitute grounds to invalidate the actions for which the notice was given.

• 10.1.7 Continuances . A public hearing may be continued from time to time to a date certain without the need for additional public notice.

City of Belmont Zoning Ordinance

10-2

• 10.1.8 Notice for drive-through facilities . Whenever the city considers the adoption or amendment of policies or ordinances affecting drive-through facilities, or regarding a permit for a drivethrough facility or modification of an existing drive-through facility permit, the city shall notify the blind, aged and disabled communities in order to facilitate their participation in the hearing process.

• 10.2 SERVICE OF NOTICE. Except as otherwise provided, service of notice is governed by Belmont City Code Section 1-12.

• 10.3 ZONING ADMINISTRATOR[2] . In accordance with Government Code Section 65900, there is hereby established the office of Zoning Administrator. The Director of the Community Development Department is to perform the functions of the Zoning Administrator which the Director may delegate to staff of the Community Development under the Director’s supervision. Decisions either by the Director or the Community Development Department in general that are authorized by the Zoning Ordinance are decisions by the office of the Zoning Administrator.

• 10.3.1 Duty and Authority – The duties of the Zoning Administrator are set forth in Government Code Section 65901 and this Ordinance. The Zoning Administrator shall administer, interpret and enforce the provisions of this Ordinance and in performance of these duties shall:

  • (a) Receive and examine applications for and issue Zoning Certificates, and maintain permanent records thereof.

  • (b) Conduct such inspections of buildings, structures and use of land as are necessary to determine compliance with the terms of this Ordinance.

  • (c) Maintain permanent and current records of applications for all Amendments, Variances, Conditional Use Permits, and Design Review, and of the hearings and actions thereon.

  • (d) Provide and maintain a continuing program of public information on zoning matters.

  • (e) Order the abatement of violations of the Zoning Ordinance and aid in the prosecution of such violations.

  • (f) Receive, file and transmit to the Planning Commission all applications, petitions and other communications upon which the Commission is required hereby to act.

• 10.3.2 Use Classification Interpretation .

• (a) This Section provides a procedure for determining whether the characteristics of a proposed use which is not specifically listed as a permitted or conditional use in one or more districts are sufficiently similar to a listed use to justify a finding that the use should be deemed a permitted or a conditional use in one or more districts.

  • (b) A property owner whose property is located in the district affected by a proposed interpretation may request a use interpretation by filing an application in compliance with Section 10.4.

2 Amended by Ord. 2025-1192, §52, 12/9/2025

City of Belmont Zoning Ordinance

10-3

• (c) The Zoning Administrator shall consider and act upon all requests for a use interpretation.

• (d) The Zoning Administrator may determine that a use be deemed a permitted or a conditional use in one or more districts if the following findings are made:

  • (1) The use is consistent with the purposes of the district

  • (2) The use has the same basic characteristics and is sufficiently similar to uses permitted in the district, taking into account is nature, function, and operation.

  • (3) The use will not be detrimental to the public health, safety or welfare.

  • (4) The use will not adversely affect the character of the district.

  • (5) The use will not create more vehicular traffic than the volume normally created by uses permitted in the district.

  • (6) The use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by uses permitted in the district.

• 10.4 ENTITLEMENT APPLICATIONS. This Section applies to applications for new or amended zoning permits, approvals or use interpretations under the Zoning Ordinance, which are referred herein as administrative entitlements, and to applications to amendment the General Plan, specific plans, and zoning regulations, which are referred to as legislative entitlements. Administrative and legislative entitlements are collectively referred to as zoning entitlements

• 10.4.1 Form . Applications for a zoning entitlement must be made to the Zoning Administrator on a form prescribed by that office.

• 10.4.2 Contents. The application must include the following.

  • (a) Name and address of the applicant, and the applicant’s authorized agent, if any.

  • (b) Applications seeking entitlements affecting particular real property must be accompanied by the following.

    • (1) A statement certifying under penalty of perjury that the applicant is the owner of the property or the authorized agent of the owner.

    • (2) The address or description of property.

    • (3) An accurate scale drawing of the site showing the contours at intervals of not more than 5 feet and the locations of any existing and proposed streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. This requirement may be waived or modified by the Zoning Administrator.

• (4) A detailed statement indicating the precise manner of compliance with each applicable plan, program, policy, ordinance, standard, requirement or similar

City of Belmont Zoning Ordinance 10-4

provision applicable to the entitlements sought, together with any other data pertinent to the findings prerequisite to the granting of the permit or approval, as required by the Zoning Administrator

• (c) Such other information, plans, maps and data that the Zoning Administrator determines are necessary for evaluating applications for particular entitlements or will assist the reviewing authority in making a determination in harmony with the requirements of this Ordinance.

• (d) A statement that the applicant agrees to defend, indemnify, and hold harmless the city and its agents, officers, and employees from any action, claim, or proceeding brought against the city or its agents, officers, or employees which challenges the validity of any zoning entitlement approval by the city.

• 10.4.3 Resubmittal. An application for a zoning entitlement which has been denied or revoked may not be resubmitted in either the same or substantially the same form or with reference to substantially the same premises for substantially the same purpose within one year from the date of the denial, or revocation.