Article 15

• a. Purpose. To establish regulations relating to nonconforming structures and uses and to establish conditions under which nonconforming structures and uses may be maintained, restored, replaced, repaired, altered, changed, expanded, or amortized. The intent of this ordinance is to prevent the expansion of nonconforming structures and uses and to amortize them over time.

• b. Definitions.

  1. "Expansion or Intensification" means an enlargement, addition, relocation, repair, remodeling, increase in the number of dwellings or rooming units, any increase in occupancy or tenants, change in use, or any other change in an activity or facility.

  2. "Nonconforming Structure" shall mean a structure that was legally constructed prior to the effective date of the ordinance codified in this section but which does not conform to the current provisions of the Zoning Ordinance or General Plan.

  3. "Nonconforming Use" shall mean a use of a structure or land that was legally established prior to the effective date of the ordinance codified in this section but which does not conform to the current provisions of the Zoning Ordinance or General Plan.

• c. Nonconforming Structure Regulations.

  1. Conformity with applicable regulations and laws. All work performed on a nonconforming structure shall be pursuant to a building permit, meet all the requirements of this ordinance and all City Codes, and conform to any other health or safety regulations or laws imposed by local, County, State, regional, or Federal agencies in effect at the time of the work and shall not expand any nonconformity;

  2. Maintenance. Ordinary maintenance and minor repair of nonconforming structures is permitted if the aggregate cost of the work done in any period of six consecutive months does not exceed 25% of the replacement value of the structure, as determined by the Building Official and if the size of the structure or number of dwelling units is not increased;

  3. Restoration. A damaged nonconforming structure, restoration of which will cost 50% or less of its full replacement cost immediately prior to such damage, as determined by the Building Official, may be restored to its previous nonconforming state, but must otherwise comply with all provisions of this ordinance. A damaged nonconforming structure, restoration of which costs more than 50% of its full replacement cost, may be restored subject to a Conditional Use Permit. Expansion or intensification of the nonconforming structure is prohibited;

  4. Repairs and alterations to nonconforming residence. Repairs and alterations may be made to nonconforming residences, including multi-family structures, without replacement cost limitations, if located in a residential zoning district and if the requirements of subsection (a) are met, including the limitation therein that the repairs

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA § 9.1.1502

OAKLEY CODE

§ 9.1.1502

and alterations shall not expand the nonconformity. New construction on property with a nonconforming residential structure shall comply with the current applicable standards of the Zoning Ordinance;

5. Repairs, interior modifications, and alterations to nonconforming nonresidential structures. Repairs, interior modifications, and alterations to nonconforming nonresidential structures may be made only if none of the structural alterations prolong the life of the supporting members of a structure, including without limitation bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Building Official determines that such modification or repair is immediately necessary to protect the public health, safety, and welfare of occupants of the nonconforming structures, or adjacent property, and the cost of all repairs or alterations does not exceed 50% of the replacement cost of the nonconforming structure immediately before such repairs or alterations, as determined by the Building Official. New construction on property with a nonconforming nonresidential structure shall comply with the current applicable standards of the Zoning Ordinance;

6. Seismic repairs. Reconstruction required to reinforce unreinforced masonry or otherwise seismically unsafe structures shall be permitted without replacement cost limitations only if the retrofitting is limited exclusively to comply with earth-quake safety standards;

7. Loss of nonconforming structure status. If the use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months, the structure shall lose its nonconforming structure status, and shall be removed or altered to conform to the provisions of the Zoning Ordinance. Such removal or alteration to conform to the provisions of the Zoning Ordinance shall occur within six months of the date that loss of nonconforming structure status is determined or within such other date the City Council decides pursuant to the hearing in subsection (f) of this section. Failure to remove or alter the structure beyond that period, without written approval of the Director of Community Development due to unusual circumstances, constitutes a violation of this ordinance and a public nuisance. A use of a nonconforming structure shall be considered abandoned or discontinued whenever any of the following apply:

   • i. The use of a nonconforming structure is discontinued for a period of six or more consecutive calendar months;

   • ii. Removal of components of the use. The actual removal of characteristic furnishings, equipment, structures, machinery, or other components of the use occurs during the six-month period;

   • iii. No business receipts or records are available for the six-month period;

   • iv. Utility bills indicate that no use has occurred during the six-month period.

• d. Nonconforming Use Regulations.

  1. Change of Ownership or tenancy. The change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status, but only if the use, extent, and intensity of use does not change;

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

LAND USE REGULATION

§ 9.1.1502

§ 9.1.1502

2. Residential Uses in a Nonresidential Zoning District. A nonconforming residential use in a nonconforming residential structure in a nonresidential zoning district may continue to be used as a residence subject to the requirements of the R-6 zoning district (if a single-family dwelling) or of the M-12 zoning district (if a multi-family dwelling) until such time as the building is amortized, condemned, removed or converted to a conforming use. If a nonconforming residential structure in a nonresidential zoning district is damaged or destroyed, other than by an intentional act of the property owner, such that restoration would cost more than 50% of its full replacement value before it was damaged, such structure may be rebuilt subject to a Conditional Use Permit. Expansion or intensification of the nonconforming use is prohibited;

3. Commercial Uses in a Non-Commercial Zoning District. A nonconforming commercial structure in a noncommercial zoning district may continue to be used for commercial purposes until such time as the building is amortized, condemned, removed or converted to a conforming use. If a nonconforming commercial structure in a noncommercial zoning district is damaged or destroyed, other than by an intentional act of the property owner, such that restoration would cost more than 50% of its full replacement value before it was damaged, such a structure may be rebuilt subject to a Conditional Use Permit. Expansion or intensification of the nonconforming use that existed before the damage or destruction is prohibited.

4. Expansion, intensification, or modification of a nonresidential use in a residential zoning district. No expansion, intensification, or modification of a nonresidential use in a residential zoning district shall be permitted;

5. Loss of nonconforming use status. If the nonconforming use of a structure is discontinued for a period of six or more consecutive calendar months, the use shall lose its nonconforming use status, and all rights to reestablish or continue the nonconforming use shall terminate regardless of any reservation of an intent not to abandon or of an intent to resume active operations. Abandonment or discontinuance of use shall be deemed to have occurred whenever any of the following apply:

   • i. The nonconforming use of a structure is discontinued for a period of six or more consecutive calendar months;

   • ii. A nonconforming use is replaced by a conforming use;

   • iii. The actual removal of characteristic furnishings, equipment, structures, machinery, or other components of the use occurs during the six-month period;

   • iv. No business receipts or records are available for the six-month period;

   • v. Utility bills indicate that no use has occurred during the six-month period.

6. Replacement. Replacement of a nonconforming use with another nonconforming use is prohibited;

7. Expansion or intensification. Expansion or intensification of a nonconforming use is prohibited.

8. Underutilized Single-Family Residential Use. Notwithstanding anything contained herein, a single-family residential use located in a residential district that was in

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA § 9.1.1502

OAKLEY CODE

§ 9.1.1502

• compliance with the General Plan’s density regulations at the time the use was initiated, but thereafter fails to meet the applicable minimum density requirement set forth in the General Plan, thus becoming a legal nonconforming use, may be maintained, restored, replaced, repaired, altered, changed or expanded, without losing its nonconforming use status.

• e. Building Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this Ordinance (loss of nonconforming structure status, or at the end of an amortization period determined by the City Council), no Building Permit or Certificate of Occupancy shall thereafter be issued for further continuance, alteration, or expansion of the use or structure. Any Building Permit or Certificate of Occupancy issued in error shall not be construed as allowing the continuation of the nonconforming structure or use.

• f.

• Amortization.

• i. When the City Attorney or Community Development Director determines that a structure or use located in the Redevelopment Plan Redevelopment Project Area is nonconforming, a public hearing may be held by the City Council pursuant to Ordinance Nos. 13-00 and 18-01. At that hearing the City Council shall hear a report by the Community Development Director on the issue and shall determine if the structure or use should be amortized and over what period. The nonconforming structure or use shall be discontinued within the amortization period determined by the City Council, which shall be determined on a case-by-case basis.

• ii. In determining a reasonable amortization period for a nonconforming use or structure, the Council shall consider the following factors:

  1. The amount of investment in or original cost of the structure or use;

  2. The present actual or depreciated value of the structure or use;

  3. The remaining time period, if any, to amortize the costs of the structure or facilities associated with the use under the provisions of the Internal Revenue Code;

  4. The salvage value of the structure or facilities associated with the use;

  5. The remaining useful life of (a) the structure or facilities associated with the use; and (b) business fixtures and equipments associated with the use;

  6. The ability to change the use or structure to a conforming use or structure;

  7. The compatibility with the existing land use patterns and densities of the surrounding neighborhoods;

  8. The remaining term of any lease for the property on which the structure or use is located; and

  9. The harm to the public that will result if the structure or use remains beyond the time period recommended by the Community Development Director for amortizing the structure or use. (See Section 2.4.014(c) of Code)

• iii. The Community Development Director shall provide estimates of all costs and

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

LAND USE REGULATION

§ 9.1.1502

§ 9.1.1502

valuations by this section.

• iv. The owner or operator of a nonconforming structure or use shall have the burden of proving that the amortization period recommended by the Community Development Director is unreasonable.

• v. Failure to comply with a City Council order as to discontinuance of a structure or use shall constitute a violation of this ordinance and a public nuisance.

• vi. Notwithstanding anything contained herein, a single-family residential use located in a residential district that was in compliance with the General Plan’s density regulations at the time the use was initiated, but thereafter fails to meet the applicable minimum density requirement set forth in the General Plan, thus becoming a legal nonconforming use, shall not be subject to the amortization requirements set forth in this subsection (f).

• g. Illegal Structures and Uses. Nothing contained in this ordinance shall be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Structures and uses that are not legally constructed or established shall be removed and/or discontinued immediately.

• (Ord. 08-15, 7/14/2015)

Downloaded from https://ecode360.com/OA4568 on 2026-07-07

City of Oakley, CA

LAND USE REGULATION

§ 9.1.1602

§ 9.1.1602