§ 19.52

This Division establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels.

A.

Within the zoning districts established by this Zoning Ordinance, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Ordinance or future amendments.

B.

It is the intent of this Zoning Ordinance to discourage the long-term continuance of nonconformities, but to permit them to exist under limited conditions.

C.

This Division does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to Division 19.59 (Zoning Ordinance Enforcement).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Nonconforming Uses of Land. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold, only as follows:

1.

Prohibited Activities for a Nonconforming Use. Owners or tenants of nonconforming uses shall not:

a.

Enlarge or increase the nonconforming use;

b.

Extend the nonconforming use to occupy a greater area of land than that occupied by the use at the time it became nonconforming;

c.

Move the nonconforming use, in whole or in part, to any other location on the subject parcel; or

d.

Retain the benefits under this Division if the nonconforming use ceases for 180 days or longer.

2.

Change of Use. A nonconforming use shall not be changed or expanded, except to reduce the extent of its nonconformity or to remove it from the site.

3.

Loss of Legal Nonconforming Use Status. Without any further action by the City, a nonconforming use shall not retain the benefits under this Division (unless exempt pursuant to Section 19.52.040) if:

a.

The nonconforming use ceases for any reason for 180 days or more;

b.

The structure in which the nonconforming use is conducted or maintained is moved any distance on the site for any reason, or is removed from the site; or

c.

The structure in which the nonconforming use is conducted or maintained is destroyed. For the purposes of this Section, "destroyed" means destruction by any means to more than 75 percent of the assessed value of the structure, excluding the value of the land.

4.

Additional Uses. Additional uses may be allowed on the site of a nonconforming use only in the case of a multitenant structure or site, or where the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this Zoning Ordinance.

5.

Replacement Uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of this Zoning Ordinance and the applicable zoning district.

B.

Nonconforming Structures. A nonconforming structure may be altered as follows:

1.

Additions or Alterations. A nonconforming structure may undergo additions or alterations, normal maintenance and repairs, including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that:

a.

The additions and alterations, and/or repairs comply with all applicable provisions of this Zoning Ordinance; and

b.

The cost of the work as determined by the Building Permit does not exceed 50 percent of the assessed value of the structure in any 24-month period, as determined by the County Assessor.

2.

Replacement After Destruction. A nonconforming structure that is destroyed by any means to more than 75 percent of its assessed value excluding the value of the land shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance.

3.

Reserved.

4.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

a.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards; and

b.

Reconstruction required to comply with Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards, as identified in Subsection B.3.a, above and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.52.022 - Nonconforming Gas Stations.

A.

Purpose. This section establishes uniform provisions for the regulation of nonconforming gas stations (namely, gas stations that were lawfully operating and in existence prior to December 15, 2022, and is intended to:

1.

Permit the continued operation of gas stations as a legal nonconforming use and detail the circumstances under which such use is deemed to have been abandoned;

2.

Specify the modifications that can be made to a nonconforming gas station; and

3.

Prohibit nonconforming gas stations from enlarging, increasing, extending, or moving any storage or dispensing infrastructure for gasoline, diesel, or any other fossil fuel.

B.

Applicability.

1.

This Section applies to all lawfully permitted, developed, and operating gas stations in existence prior to December 15, 2022.

2.

Any gas station for which a complete application for a zoning and/or planning action has been submitted to the City prior to September 30, 2022, shall be exempt from the prohibition on new gas stations set forth in Sections 19.12.030 and 19.14.030 of this Title. However, if any such application is approved by final action of the City and the gas station that is the subject of said approval is later established in accordance with such approval, said gas station shall be subject to the balance of the provisions of this Section 19.52.022. The provisions of this Section shall not be construed to represent or imply the approval of any complete, pending application for a zoning and/or planning action related to establishing a new gas station or otherwise limit the City's discretion in approving or denying such application.

C.

Prohibited Activities at a Nonconforming Gas Station. A nonconforming gas station can continue to be operated, transferred, sold, or modified only as follows:

1.

Prohibited Activities for a Nonconforming Gas Station. An Owner and/or operator of a nonconforming gas station shall not:

a.

Enlarge, increase, extend, or move any fossil fuel storage or dispensing infrastructure existing prior to December 15, 2022, except as provided herein or as required for compliance with state or federal law. Fossil fuel dispensing and storage infrastructure subject to this provision includes, but is not limited to structures,

features, conveyances (e.g., pipelines, conduit, pumps, etc.) or other devices installed for the purpose of selling, storing, or dispensing a fossil fuel; or

b.

Relocate to any other parcel within the City regardless of whether such parcel is located in the same zoning district as the existing use.

D.

Permitted Modifications to Nonconforming Gas Stations.

1.

Modifications to Improve or Protect Soil, Groundwater, Air, or Stormwater Quality. A nonconforming gas station shall be modified to conform to current or amended soil, groundwater, air, or stormwater quality regulations of a regulatory agency with authority to regulate such matters where that agency has ordered such modifications, or its regulations require such modifications. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the Novato Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

2.

Modifications to Site & Building Design. A nonconforming gas station may undergo building and site design modifications intended to improve or maintain the appearance of the station and the parcel on which it is located, such as building façade, sign, landscaping, and hardscape renovations. Such modifications shall be subject to all applicable procedures and permit requirements (e.g., design review) specified in the Novato Municipal Code, including this Title, and shall not violate any of the limitations of Subsection C of this Section.

3.

Modifications for Other Commercial Uses. A nonconforming gas station can be modified to accommodate any land use permitted in the zoning district within which the gas station is located, subject to all applicable standards and required permits specified in the Novato Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section.

4.

Modifications Required by Law. A nonconforming gas station shall be modified as required by law to comply with building safety requirements, such as seismic retrofitting, access for persons with disabilities, and similar modifications protecting public, health, safety, and welfare. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the Novato Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

5.

Maintenance, Repair, and Replacement. A nonconforming gas station can undergo normal maintenance and repairs, including, painting, re-roofing, sign replacement, and similar activities subject to all applicable

standards and required permits specified in the Novato Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section. Fossil fuel dispensing equipment can be maintained, repaired, and replaced as necessary subject to all applicable standards and required permits specified in the Novato Municipal Code, including this Title; and provided such actions do not violate any of the limitations of Subsection C of this Section.

F.

Loss of Legal Nonconforming Status. Without any further action by the City, a nonconforming gas station shall not retain the benefits of this Section and its owner and/or operator shall be conclusively presumed to have abandoned the gas station's legal nonconforming status if and when:

1.

The nonconforming gas station ceases selling, storing, or dispensing fossil fuels for a continuous period of 180-days or more; or

2.

The nonconforming gas station is converted to or replaced by a permitted, non-gas station use.

G.

Removal of Abandoned Nonconforming Gas Station. The owner and/or operator of a nonconforming gas station that loses its legal nonconforming status pursuant to Subsection F. above shall be deemed to have abandoned the nonconforming gas station and the gas station's nonconforming status. Accordingly, an abandoned gas station shall be physically removed from its site. Physical removal of the gas station shall mean demolition of all fossil fuel sale, storage, and dispensing infrastructure, including the removal of underground storage tanks pursuant to all applicable demolition regulations of the City and procedures and permits of all regulatory agencies with jurisdiction over gas stations. The physical removal of an abandoned gas station shall be completed within 180-days of abandonment of the use as determined by the Community Development Director under the provisions of Subsection F of this Section.

H.

Destruction of a Nonconforming Gas Station. A nonconforming gas station that is damaged or destroyed by any means may be restored or reconstructed as it existed immediately prior to it being damaged or destroyed subject to the limitations of subsections C. and D. of this section. The restoration or reconstruction of a nonconforming gas station shall be completed, as confirmed by a final building inspection, within two years of the date the gas station was damaged or destroyed. Failure to complete such restoration or reconstruction within the specified timeframe shall constitute abandonment of the nonconforming gas station.

(Ord. No. 1693, § 4(Exh. A), 11-15-2022; Ord. No. 1702, Exh. A, 5-9-2023)

Requirements for nonconforming signs are provided by Section 19.32.090 (Nonconforming Signs).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.52.040 - Single- and Multi-Family Dwelling Units Exempt.

A.

Dwellings. Nonconforming single- and multi-family dwellings that have been involuntarily damaged or destroyed by a catastrophic event may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, building height, and density standards) at the time of construction of the original structure. If no specific development standards are applicable to the original structure (e.g., structure was constructed under authority of the County of Marin) then the structure may be rebuilt as found prior to destruction.

B.

Mobile Homes. A nonconforming mobile home may be replaced with a new or newer and larger mobile home placed in the same location as the former unit, subject to Design Review (Section 19.42.030).

C.

Code Compliance. All new construction shall comply with current Building, Electrical, Plumbing, and Fire Code requirements.

D.

Design Review. The Director may require Design Review (Section 19.42.030) for the replacement of a destroyed dwelling or residential project.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Nothing in this Division shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, modernization, rebuilding, reconstruction, repair, or replacement of a publicly owned structure or utility.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.52.060 - Nonconforming Parcels.

A.

Determination of Nonconforming Status. A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Zoning Ordinance for the zoning district, shall be considered to be a legal building site if it meets one of the criteria specified by this Section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

1.

Approved Subdivision. The parcel was created through a subdivision approved by the City, or the County before incorporation.

2.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel

nonconforming.

3.

Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure (Section 19.42.070) or its current configuration resulted from a legally granted lot line adjustment.

4.

Partial Government Acquisition. The parcel was created in conformity with the provisions of this Zoning Ordinance, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any road was decreased not more than 50 percent.

B.

Use of Nonconforming Parcels. Nonconforming parcels shall be developed and used only in compliance with all applicable provisions of this Zoning Ordinance

C.

Design Review. The Director may require Design Review (Section 19.42.030) for development proposed on nonconforming parcels.

D.

Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way that makes the use of the parcel more nonconforming.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Use Allowed with Use Permit Approval. A land use that was legally-established without a Use Permit, but would be required by current Zoning Ordinance provisions to have Use Permit approval, shall not be altered in any way unless a Use Permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with Use Permit approval, but is not allowed with Use Permit approval by the current Zoning Ordinance may continue only in compliance with the original Use Permit. If the original Use Permit specified a termination date, then the use shall terminate in compliance with the Use Permit.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Violations. Uses and structures which did not comply with the applicable provisions of this Zoning Ordinance or prior planning and zoning regulations when established are violations of this Zoning Ordinance and are subject to the provisions of Division 19.59 (Enforcement).

B.

Illegal Uses and Structures Prohibited. This Division does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Zoning Ordinance and the Municipal Code are first obtained.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with Chapter 1-6 of the Municipal Code.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.54 - APPEALS