5.03.310 Purpose.

The purpose of this section with regard to nonconforming structures and structures with nonconforming uses is:

A. To maintain the housing stock and preserve the community character, consistent with the General Plan.

• B. To provide necessary routine maintenance and repair of older homes and structures.

• C. To improve the safety of housing and nonresidential structures.

• D. To mitigate adverse impacts upon abutting neighbors and the neighborhood in general.

E. To allow nonconforming structures and single-family residential uses to continue but not to exacerbate existing nonconforming conditions.

• F. To encourage conformance with current zoning requirements where feasible.

G. To establish a time frame for reconstruction of nonconforming uses and structures that have been abandoned after which compliance with current zoning requirements would be necessary.

H. To restrict the expansion or relocation of nonconforming multiple-family residential and commercial structures and/or nonconforming uses.

I. To encourage preservation, maintenance, restoration and rehabilitation of structures listed on the ‘Colma Historical Resources’ inventory:

(a) A non-conforming building may be maintained, except as otherwise provided in this section, and repairs and alterations may be made to such building provided that in a building or structure which is non-conforming as to use regulations, no structural alteration shall be made nor shall a building be added to, or enlarged

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in any manner, unless such building, including such additions and enlargements, are made to conform to all regulations of the zone in which it is located. No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of said building is made to conform to all the requirements of the zone in which it is located.

(b) A non-conforming building which is damaged or partly destroyed by fire, flood, wind, earthquake, or other calamity or Act of God or the public enemy, to the extent of more than fifty (50) per cent of its value at that time, may be restored provided the total cost of such restoration does not exceed fifty (50) per cent of the value of the building at the time of such damage. In the event such damage or destruction exceeds fifty (50) per cent of the value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the zone in which it is located.

oration does not exceed fifty (50) per cent of the value of the building at the time of such damage. In the event such damage or destruction exceeds fifty (50) per cent of the value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all regulations for new buildings in the zone in which it is located.

(c) Except as otherwise provided in this subsection the non-conforming use of a building, existing at the time this ordinance became effective, may be continued; the use of a non- conforming building may be changed to a use of the same or more restricted classification; however, if so changed, it shall not thereafter be changed to a use of a less restricted classification. A vacant non-conforming building may be occupied by a use for which the building was designed or intended if so occupied within a period of one (1) year after the effective date of this ordinance, and the use of a non-conforming building which becomes vacant after the effective date of this ordinance may also be occupied by a use for which the building was designed or intended if so occupied within a period of one (1) year after the building becomes vacant.

(d) A non-conforming use of a building conforming to the use regulations shall not be expanded or extended into any other portion of said building nor changed, except to a conforming use. If such a non-conforming use or portion thereof is discontinued or changed to a conforming use, any further use of such building or portion thereof shall be in conformity with the regulations of the zone in which said building is located.

(e) The non-conforming use of land (where no building is involved), existing at the time this ordinance became effective, may be continued; provided that no such non-conforming use of land shall in any way be expanded or extended either on the same or adjoining property, and further provided that, if such non-conforming use of land or any portion thereof is discontinued or changed, any future use of land shall be in conformity with the provisions of this ordinance.

[History: formerly § 5.344; ORD. 234, 3/14/79; ORD. 638, 12/14/05; ORD. 818, 2/14/24]

XXVI. Other Uses