22.035 Regulation of Nonconforming Fueling Station/Gas

A. Purpose. To support implementation of General Plan Policy 4-P-10 through regulations that:

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 22 Nonconforming Uses | Petaluma Implementing Zoning Ordinance

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Provide for the continued operation of fueling station/gasoline station uses as legal nonconforming uses and describe when they may be deemed abandoned.
Allow alterations to fueling station/gasoline stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of zero emission vehicles, or enable other uses permitted within the respective zoning district.
Prohibit fueling station/gasoline station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.

B. Applicability. This section applies to:
1. All lawfully developed and operating fueling station/gasoline station uses in existence prior to March 31, 2021.
2. All fueling station/gasoline station uses not yet developed and/or operating but subject to an approved and unexpired land use permit.

C. Modifications to Fueling Stations/Gas Station Uses, Generally. Except as provided below, fueling station/gas station uses and structures related thereto shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. As determined by the zoning administrator, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).

D. Modifications to Improve Soil, Ground Water and Storm Water Quality. Fueling station/gas station uses may be modified to conform to current storm water quality control regulations or remediate contamination of the soil or ground water.

E. Modifications to Improve Traffic Safety. As determined by the city engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a fueling station/gas station use may be modified to improve public safety.

F. Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fueling station/gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for battery charging stations.

G. Modifications to Enable Zero Emission Vehicles (Hydrogen Fuel Cell Station). Fueling station/gas station uses may be altered to include facilities for the storage, conveyance and dispensing of hydrogen to zero emission vehicles.

H. Modifications for Commercial Uses Other Than Fossil Fuel Sales. Fueling station/gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales and provided for in the respective zoning district.

I. Discontinuation of a Fueling Station/Gas Station Use or Structure. A fueling station/gas station use shall not be reestablished if such use has been discontinued for a continuous period of 12 months or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid

The Petaluma Implementing Zoning Ordinance is current through Ordinance 2907, passed September 8, 2025.

Ch. 22 Nonconforming Uses | Petaluma Implementing Zoning Ordinance

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building permit, the zoning administrator may extend the 12-month time frame when presented with documentation demonstrating construction has been pursued diligently and timely.

J. Applicability of Section 22.030 Requirements to Fueling Station/Gas Station Uses and Structures. Sections 22.030(C), (F) and (G) also apply to fueling station/gas station uses and structures regulated pursuant to this section. The requirements of Sections 22.030(A), (B), (D) and (E) do not apply to fueling station/gas station uses and structures regulated pursuant to this section. (Ord. 2764 § 3 (Exh. A), 2021.)