Oakland Municipal Code Art. III Nonconforming Facilities

A. When Occupied by Conforming Activity. Except as otherwise provided in Section 17.114.120, or in Section 17.103.080 for Accessory Dwelling Units in conjunction with an existing One-Family, Two- to Four-Family, or Multifamily Dwelling, a nonconforming facility which accommodates or serves a conforming activity may be altered or otherwise changed, and the lot lines of the lot containing it may be changed, in any way which does not create any new nonconformity or increase the degree of any existing nonconforming with respect to any requirement applying to facilities. Any new, relocated, or wholly reconstructed part of a facility shall itself conform to all applicable such requirements. Nonconforming Residential Facilities containing a total of more than one primary dwelling unit on a lot, when located in a zone where only one primary dwelling unit is permitted on a lot, shall be subject to the requirements generally applying in the RU-2 Zone with respect to side yards opposite living room windows; courts; and usable open space. Nonconforming Nonresidential Facilities which are not themselves permitted facility types in the zone where they are located shall not be increased in floor area or overall outside dimensions, except when permitted to remove a nonconformity, or to be wholly reconstructed with the same floor area and outside dimensions.

B. When Occupied by Nonconforming Activity. Except as otherwise provided in Section 17.114.120, a nonconforming facility which accommodates or serves a nonconforming activity may be altered or otherwise changed, and the lot lines of the lot containing it may be changed, subject to the conditions of Section 17.114.080 as well as those of Subsection A. of this Section. In such a case, new Signs of a type not otherwise permitted may be developed as authorized by Subsections A. and B. of Section 17.114.080.

C. Conversion from Advertising Sign in the CN, CR-1, or S-15 Zones. No nonconforming Advertising Sign in the CN, CR-1, or S-15 Zones shall be converted, by change of copy or otherwise, to any other type of Sign unless the entire Sign as converted meets all the requirements of said zone for a new Sign, including design review approval.

D. Conversion from Advertising Sign Within One Thousand (1,000) Feet of, and Primarily Viewable from, Rapid Transit Route. No Advertising Sign shall be converted, to any other type of Sign unless the Sign as converted is approved, in a content-neutral manner, pursuant to the design review procedure in Chapter 17.136 and the provisions of Section 17.104.040A.

(Ord. No. 13763, § 5, 10-3-2023; Ord. No. 13677, § 4(Exh. A), 1-18-2022; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12146 § 2, 1999; Ord. 12073 § 2, 1998: Ord. 11892 § 11, 1996; prior planning code § 7430)

A. Nonconforming Nonresidential Facilities. Nonconforming nonresidential facilities which are damaged or destroyed to the extent of not more than seventy-five percent (75%) may be restored to their prior condition and occupancy. If such damage or destruction exceeds seventy-five percent (75%), the facilities may thereafter be restored to their prior condition upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

B. Nonconforming Residential Facilities. Nonconforming Residential Facilities which are damaged or destroyed to the extent of not more than seventy-five percent (75%) may be restored to their prior condition. If such damage or destruction exceeds seventy-five percent (75%), the facilities may thereafter be restored to their prior condition provided all of the following conditions are met:

1. That documentation is provided which substantiates that such damage or destruction occurred involuntarily with respect to the owner of said facility or unit(s);

2. That no expansion in the number of living units occurs;

3. That plans for the proposal are approved pursuant to the design review procedure in Chapter 17.136; and

4. That a building permit is sought and obtained no later than two (2) years after the date of the facility's damage or destruction; the facility is repaired or replaced in compliance with the building code; and construction pursuant thereto is diligently pursued to completion.

If all of the preceding requirements are not met, the replacement or restoration of such facilities may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. No. 12999, § 4(Exh. A), 3-16-2010; prior planning code § 7431)

On any lot containing a Residential Facility, any open area which is devoted to storage or display of goods or materials shall, within three (3) years after the effective date of the zoning regulations, be either removed or made to conform to the applicable screening requirements of Section 17.110.040A.

(Ord. No. 13172, § 3(Exh. A), 7-2-2013; Prior planning code § 7432)

In the CN, CR-1, CIX-1A, CIX-1B, CIX-1C, CIX-1D, D-DT-JLI Zones, all open storage areas shall, within three (3) years after inclusion in said zones, be either removed or made to conform to the screening requirements of Section 17.110.040.B.

(Ord. No. 13812, § 4(Exh. A), 7-30-2024; Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13251, § 5(Exh. A), 7-29-2014; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; prior planning code § 7433)

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, changed the title of Section 17.114.140 from "Nonconforming open storage in C-5, C-25, C-27, C-31, C-36, M-10 and M-20 zones—Screening required within three years" to "Nonconforming open storage in CN, CR-1 and M-20 zones—Screening required within three years." The historical notation has been preserved for reference purposes.

A. Basic Requirements. Within the indicated time periods, and except as otherwise provided in Subsection B. of this Section, all nonconforming Signs in the following categories which are located within one thousand (1,000) feet of the centerline of a rapid transit route shall be removed, relocated, or otherwise changed so as to conform:

The Director of City Planning shall determine which Signs are or have become so viewable, subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132.

B. Exception. Any Sign listed in Subsection A. of this Section may be retained permanently if it is approved pursuant to the design review procedures in Chapter 17.136 and the provisions of Section 17.104.040A.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. 12073 § 3, 1998: prior planning code § 7434)

Editor's note— Ord. No. 13064, § 2(Exh. A), adopted March 15, 2011, repealed the former Section 17.114.160 in its entirety, which pertained to nonconforming signs in S-8 zone—Removal required for certain categories and derived from the prior planning code, § 7435, and Ord. No. 12073, § 4, adopted 1998.

A. Basic Requirements. Within the time periods indicated below for the specified categories, and except as otherwise provided in Subsection B. of this Section, all nonconforming Signs shall be removed, relocated, or otherwise changed so as to conform. See also Section 17.114.110.C.

The Director's determination shall be subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13172, § 3(Exh. A), 7-2-2013; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12073 § 5, 1998; prior planning code § 7436)

Within three (3) years after inclusion in the CR-1 Zone, all nonconforming pennants, streamers, propellers, and similar devices shall be removed, relocated, or otherwise changed so as to conform.

(Ord. No. 13357, § 3(Exh. A), 2-16-2016; Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12073 § 6, 1998: prior planning code § 7437)