§ 22.112

This Chapter provides uniform provisions for the regulation of legal nonconforming structures, land uses, and lots.

Within the zoning districts established by this Development Code, there exist structures, land uses, and lots which were lawful prior to the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code and future amendments, thereof. It is the intent of this Development Code to discourage the expansion of nonconformities, but to permit them to continue to exist and to be maintained and enhanced to protect public safety and property values.

(Ord. No. 3577, 2012)

22.112.020 - Nonconforming Structures, Uses, and Lots.

Nonconforming uses and structures may continue, subject to the following provisions:

A.

Nonconforming uses of land. A nonconforming use of land may be continued, transferred or sold, provided that the use shall not be enlarged, increased, or intensified (e.g., longer hours of operation, more employees, etc.), nor be extended to occupy a greater area than it lawfully occupied prior to becoming a nonconforming use. The nonconforming use may not be relocated to another location on the lot, or moved from the inside to an outside location.

B.

Nonconforming lots. Lots that are nonconforming due to substandard lot area shall not be reduced in area in conventional zoning districts.

C.

Nonconforming structures. A nonconforming structure may be allowed to continue being used unless the structure is demolished. However, if the nonconforming structure is demolished as a result of a natural disaster its reconstruction shall be allowed as provided for in Subsection 22.112.020.E (Reconstruction after damage or destruction).

1.

Conforming additions. Additions to a nonconforming structure may be made as long as the additions are in conformance with this Development Code.

2.

Floodplain compliance. All repairs or alterations to a structure with a legal nonconforming setback in order to raise the structure to an elevation that meets but does not exceed by more than 18 inches the minimum flood elevation standards contained in Marin County Code Chapter 23.09 (Floodplain Management) shall be permitted provided the extent of the nonconformity with regard to the required setback is not increased, and the maximum height limit for the governing zoning district is not exceeded.

3.

Previously approved projects. Physical improvements that do not meet the height, setback, or floor area ratio zoning standards codified in Marin County Code Title 22, which were subject to the California Building Code or its antecedents and that received final Building Permit inspection approval, constitute legal nonconforming structures with respect to those zoning standards. Only when evidence demonstrates that the Building Permit applicants or property owners who obtained the Building Permit had actual or constructive knowledge that they were misrepresenting facts critical for Building Permit review will the physical improvements that received final inspection be considered unauthorized with respect to those zoning standards.

D.

Nonconforming use of a conforming structure. The nonconforming use of a structure may be continued, transferred, and sold, but not changed, increased, expanded, or intensified (e.g., longer hours of operation, more employees, etc.) Modifications to the nonconforming use of a structure may only occur as follows:

1.

Expansion of use. The nonconforming use of a portion of a structure may be extended throughout the structure if it does not increase, expand, or intensify the nonconforming use.

2.

Substitution of use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature if the change does not result in an increase, expansion, or intensification of the nonconforming use as determined by the Director.

3.

Relocation of use. The nonconforming use of a structure may not be relocated to another location on the parcel, or moved from the inside to an outside location, unless such relocation eliminates or substantially reduces the degree of nonconformity as determined by the Director.

E.

Reconstruction after damage or destruction. The reconstruction of a nonconforming structure damaged or destroyed by fire, flood, earthquake or other natural disaster or as the result of an emergency may be allowed, provided that the following requirements are satisfied:

1.

There is adequate information available regarding the pre-existing placement, height, bulk, and floor area of the structure to be reconstructed.

2.

The extent of the nonconformity is not increased.

The structure shall be reconstructed on the same location on the lot (have the same structure footprint).

4.

The structure shall be reconstructed with no greater height, bulk, or floor area than the original structure.

5.

Reconstruction shall be vested within 24 months of the date of the damage, unless extended by the Director to respond to circumstances outside the property owner's control.

6.

Reconstruction shall not adversely affect public the health, safety, and welfare.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of one year or is moved, the use shall be deemed to have been abandoned, and shall lose its nonconforming status. The one-year period of discontinued use may be extended on a case-bycase basis at the discretion of the Director for reasons beyond the owner's control by up to a maximum of five additional years, based on a written request from the applicant submitted at least ten business days before the use will otherwise be considered to be abandoned.

Without further action by the County, further use of the site or the structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Development Code.

(Ord. No. 3577, 2012)

Any use that exists and was legally established at the time that changes in the Development Code were adopted that allow the use subject to the granting of a Use Permit, shall be deemed a conforming use, but only to the extent that it previously existed (e.g., maintains the same site area boundaries, location, hours of operation, etc.). If the same use is abandoned for a continuous period of one year, the conforming status of the use shall expire, unless the Director approves a longer time period due to circumstances beyond the property owner's control.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

Any use that exists and was legally established with a Use Permit, issued in compliance with the regulations in effect at the time of application, that is subsequently disallowed by adopted changes in the Development Code may continue, but only in compliance with the provisions and terms of the original Use Permit.

(Ord. No. 3577, 2012)

Chapter 22.114 - APPEALS