Chapter 18.76 — Nonconforming Structures

East Palo Alto Zoning Code · 2026-06 edition · ingested 2026-07-06 · East Palo Alto

Sections:

18.76.010 – Continuation of Legal Nonconforming Structures 18.76.020 – Destruction of Legal Nonconforming Structures

  • 18.76.030 – Residential Exceptions

18.76.010 – Continuation of Legal Nonconforming Structures

  • A. Continuation of a Legal Nonconforming Structure. A legal nonconforming land use and the use of a legal nonconforming structure may be continued, including transfers of ownership; provided that continuation complies with the requirements of this section, or is exempt under Section 18.74.030.

  • B. Nonconforming Structures. A legal nonconforming structure may be maintained subject to the following.

    1. Ordinary Maintenance and Repairs. A nonconforming structure may undergo ordinary maintenance and repairs.

    2. Involuntary Damage to a Nonconforming Structure. A nonconforming structure involuntarily damaged to an extent of 75 percent or more of its appraised value immediately before the damage may be restored only if made to conform to all applicable provisions of the Development Code. Any residential structure(s), including multi-family structures, in a residential zone destroyed by a manmade catastrophe or natural disaster (e.g., fire, earthquake, flood, windstorm) and any destruction covered by an official declaration of a state of emergency, may be reconstructed up to the original size, placement, and density. Reconstruction shall commence within 180 days after the date of the damage or catastrophe and shall be diligently pursued to completion.

    3. Nonstructural Alterations to Residential Structure. Necessary repairs and desired alterations that are not structural may be made to a nonconforming residential structure, including multiple-family structures, only if the Building Official first determines that the repairs are necessary for public safety purposes and the cost does not exceed 75 percent of the appraised value of the nonconforming structure.

    4. Additions to Nonconforming Residential Structure. Additions may be made to a residential structure that are nonconforming due to their placement on the parcel as long as the additions are in compliance with all of the applicable regulations of the Development Code.

    5. Nonstructural Alterations to Commercial, Industrial, Mixed-Use, or Institutional Structure . Structural elements may be modified or repaired only if the Building Official first determines that the modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed 75 percent of the appraised value of the nonconforming structure.

    6. Interior Partitions or Other Nonstructural Improvements. Changes to interior partitions or other nonstructural improvements and repairs may be made to a

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Chapter 18.76

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nonconforming commercial, industrial, mixed-use, or institutional structure; provided that the cost of the desired improvement or repair shall not exceed 75 percent of the appraised value of the nonconforming structure over any consecutive five-year period.

  1. Development of a Parcel With a Nonconforming Structure. Any additional development of a parcel with a nonconforming structure shall require that all new structures be in compliance with the Development Code.

  2. Appraised Values. All appraised values referred to in this section shall be determined by a State licensed appraiser and the appraisal shall be submitted to the Building Official.

  3. Use of a Nonconforming Structure . If the use of a nonconforming structure ceases or is discontinued for a continuous period of 180 or more consecutive days, its legal nonconforming status is lost, and the structure shall be removed or altered to conform to all of the applicable provisions of the Development Code.

18.76.010 – Destruction of Legal Nonconforming Structures

  • A. Termination by Destruction. Nonconforming status shall terminate if a nonconforming nonresidential structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed as a result of manmade catastrophe or natural disaster and except as follows:

    1. 75 Percent or Less. If the cost of repairing or replacing the damaged portion of the structure is 75 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within 180 days following the date of damage and is diligently pursued to completion.

    2. Exceeds 75 Percent. If the cost of repairing or replacing the damaged portion of the structure exceeds 75 percent of the appraised value of the structure immediately before the damage, or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full compliance with all of the applicable regulations for the zone in which it is located and the nonconforming use shall not be resumed.

    3. Appraised and Estimated Values. All appraised values referred to in this section shall be determined by a State licensed appraiser and submitted to the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this section shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

B.

Physically Unsafe or Unlawful Structures.

  1. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe due to lack of repairs or maintenance, and is declared by the Building Official to be unsafe by reason of physical conditions, pursuant to Municipal Code Chapter 8.08, it may be ordered demolished or rebuilt/repaired and shall not be rebuilt, repaired, or restored except in full compliance with all of the applicable regulations of the zone in which it is located.

  2. Nothing in this chapter shall be deemed to prevent the restoring or strengthening to a safe condition of any structure, or part of a structure, declared to be unsafe by the Building Official.

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Article 6 – Nonconforming Uses, Structures, and Parcels

Chapter 18.76

C. Termination by Operation of Law.

  1. Elimination of Nonconformities/Amortization. Nonconforming uses and structures shall be discontinued and removed, altered to conform, or altered to decrease the degree of nonconformity, within the time specified in Table 7-1.

Table 6-1 Amortization Schedule

Description of Nonconformity Length of
Amortization(1)
**Nonconforming uses.**In any zone, removal of a nonconforming use that does
not occupy a structure and does not have an approved site plan or a use
occupying a structure having a value of less than $5,000 as determined by the
County Assessor’s Office.		 Two years
**Nonconforming structures.**Removal or alteration of a nonconforming
structure having a value of less than $5,000 as determined by the County
Assessor’s Office.		 Two years
**Off-Street Parking and Landscaping.**Elimination of nonconformity of required
amount of off-street parking, surfacing, and landscaping for all nonresidential
uses.		 10 years
**Screening and Performance Standards.**Elimination of nonconformity with
screening requirements and performance standards in all commercial and
industrial zones.		 Two years
**Signs.**Any sign that is relocated, changed structurally, or receives new sign
face shall be made to conform immediately		 Five years
Nonconforming uses and structures.
1. In a residential zone a use that is neither an allowed use nor a conditional use.
2. In a commercial or industrial zone, a use that is neither an allowed use nor a conditional use.
3. Structures over $5,000 in valuation(except for dwellings in a nonresidential zone)
Type I and Type II structures (fire resistive)(2) 20 years
Type III (heavy timber construction and ordinary masonry construction).(3) 15 years
Type IV and Type V structures (light incombustible frame and wood frame
construction).(2)		 10 years

Notes.

  • (1) Amortization shall be calculated from the effective date the Development Code or amendment establishing the nonconformity.

  • (2) Type of construction, as defined in the Building Code.

    1. Exceptions to Provisions for Elimination of Nonconformities. The following nonconforming uses need not be removed and under certain conditions may be expanded; provided they are subject to the applicable provisions of this Section.

      • a. In any zone, a residential use may be continued provided that the number of dwelling units is not increased.

      • b. In a residential zone, a nonresidential use that is an allowed use or a conditional use with a Conditional Use Permit may be continued. Landscaping, parking, and screening shall be required in compliance with Article 3.

      • c. In a commercial zone, a use that is an allowed use or a conditional use with a Conditional Use Permit may be continued. Expansion of the area occupied by

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the use by no more than 10 percent may be approved with a Conditional Use Permit within any five-year period. Landscaping, parking, and screening shall be required in compliance with Article 3.

  • d. In an industrial zone, a use that is an allowed use or a conditional use in an industrial zone may be continued; provided that nonconformity with screening, performance, parking, and landscaping requirements shall be eliminated. A Conditional Use Permit may be approved for the expansion of the floor area or the site area.

  • e. Nothing in this chapter shall be construed or applied to require the cessation, discontinuance, removal, or termination or to prevent the alteration, maintenance, modernization, rebuilding, reconstruction, repair, or replacement and continued use of public utility structures, equipment, and facilities; provided that there is no change of use nor enlargement of those uses.

  • f. A Conditional Use Permit may be approved to extend the life of nonconforming sign for no more than five additional years.

18.76.030– Residential Exceptions

  • A. Reconstruction or Replacement – Single-Family Dwelling. An involuntarily damaged or destroyed single-family nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint, in compliance with applicable Building and Fire Code requirements.

  • B. Reconstruction or Replacement – Multi-Family Dwelling. An involuntarily damaged or destroyed multi-family nonconforming dwelling unit or structure may be reconstructed or replaced with a new unit or structure with the same footprint, including preexisting nonconforming setbacks, height, and number of dwelling units, in compliance with applicable Building and Fire Code requirements and Government Code Section 65863.4.

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Article 6 – Nonconforming Uses, Structures, and Parcels

Chapter 18.78