Petaluma Municipal Code Ch. 22 Nonconforming Uses

Sections:

22.010 Purpose.

22.020 De2nitions.

22.030 Regulation of Nonconforming Uses and Structures.

22.035 Regulation of Nonconforming Fueling Station/Gas Station Uses and Structures.

22.040 Nonconformity by Reason of Noncompliance with Performance Standards or

Absence of a Conditional Use Permit.

22.050 Construction Approved Prior to Ordinance.

The purpose of the regulation of nonconforming uses is to control, reduce, or eliminate conDicts arising from the

presence in any district of uses or structures not conforming to district regulations. Where the degree of conDict is

suEciently great as to constitute an impairment of public welfare, peace, or safety, it is the intent of this chapter to

provide an equitable process for the removal of such uses or structures. (Ord. 2764 § 3 (Exh. A), 2021.)

A. Nonconforming Use. A nonconforming use is one which was originally legal, but which does not presently

conform to the provisions of the district in which it is situated. Any previously existing use for which district

regulations now require a use permit shall be deemed to be nonconforming until such a permit is secured.

B. Nonconforming Structure. A nonconforming structure is one which was legal at the time of construction,

but which does not presently conform to the provisions of the district in which it is situated. Any previously

existing structure, including a sign or sign structure, for which district regulations now require a use permit, shall

be deemed to be nonconforming until such a permit is secured. (Ord. 2764 § 3 (Exh. A), 2021.)

Except as otherwise provided in Section 22.035, nonconforming uses and structures shall be subject to the

following regulations:

A. Modi5cations to Nonconforming Uses and Structures. A nonconforming use or structure shall not be enlarged,

extended, or moved to a diFerent portion of the lot or parcel of land occupied by such use, except that a nonconforming structure may be reconstructed in such a way as to make it conforming, and residential and

accessory structures located in appropriate residential districts which have nonconforming setbacks may be

altered or added to; provided, that such alterations and additions would not result in a greater nonconformity of

setbacks; and provided further, that minimum setbacks of 10 feet are maintained for a principal structure’s front

and rear setbacks, three feet for a principal structure’s side setback, and three feet side and rear setbacks for

accessory structures, including telecommunications facilities (except for exempt facilities).

B. Modi5cations to Nonconforming Structures and Accessory Dwelling Unit Conversions. A nonconforming structure

that will be converted to an accessory dwelling unit may be reconstructed to occupy the same location, building

footprint, and height as the existing structure. A conversion or reconstruction for the purposes of creating a new

accessory dwelling unit that is proposing expansion to a nonconforming structure, such as a second story, must

provide setbacks of no less than four feet from the side and rear lot lines.

C. Change of Use. No nonconforming use shall be changed to another nonconforming use without approval by

the planning commission and then only to a use which, in the opinion of the commission, is of the same or of a

more restricted nature.

D. Discontinuation of a Nonconforming Use of a Structure. A nonconforming use of a structure shall not be re-

established if such use has been discontinued for a period of 12 months or more, or has been changed to, or

replaced by, a conforming use. Intent to resume use of a nonconforming structure shall not confer the right to do

so.

E. Discontinuation of a Nonconforming Use of Land. A nonconforming use of land, not involving a structure other

than fences, signs, and buildings less than 400 square feet in area, shall not be re-established if such use of land

has been discontinued for a period of three months or more, or has been changed to, or replaced by, a

conforming use. Intent to resume a nonconforming use of land shall not confer the right to do so.

F. Damage to a Nonconforming Structure. A nonconforming structure which is damaged by Cre, Dood, or act of

God to an extent exceeding 50 percent of its value, as determined by a methodology based on comparable

neighborhood values as approved by the director, shall not be restored or reconstructed except in such a manner

and for such a use as will conform to the regulations for the district in which it is situated.

G. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be

deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance

of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In

granting such a building permit, the building oEcial shall state the precise reason why such alterations were

deemed necessary. (Ord. 2764 § 3 (Exh. A), 2021; Ord. 2738 § 6, 2020; Ord. 2711 § 6, 2020.)

Structures.

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

1. Provide for the continued operation of fueling station/gasoline station uses as legal nonconforming uses

and describe when they may be deemed abandoned.

2. 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.

3. 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. Modi5cations 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 diFerent

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. Modi5cations to Improve Soil, Ground Water and Storm Water Quality. Fueling station/gas station uses may be

modiCed to conform to current storm water quality control regulations or remediate contamination of the soil or

ground water.

E. Modi5cations to Improve Tra6c Safety. As determined by the city engineer, the pedestrian and vehicular

circulation features (e.g., curbing, sidewalks, traEc control devices) of a fueling station/gas station use may be

modiCed to improve public safety.

F. Modi5cations to Enable Zero Emission Vehicles (Battery Charging Station). Fueling station/gas station uses may be

modiCed 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. Modi5cations 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. Modi5cations 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 re-

established 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 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.)

Standards or Absence of a Conditional Use Permit.

A. Any use which is nonconforming at the time of the adoption of the ordinance codiCed in this chapter by

reason of noncompliance with performance standards established in Chapter 21 shall adopt measures necessary

to conform therewith within Cve years of the adoption of the ordinance codiCed in this chapter.

B. Any use which is nonconforming by reason of failure to secure a use permit shall be subject to the regulations

of Section 22.030 until such time as a use permit is secured. (Ord. 2764 § 3 (Exh. A), 2021.)

A building, structure or part thereof which does not conform to the regulations for the district in which it is

situated, but for which a building permit was issued prior to the enactment of the ordinance codiCed in this

chapter may be completed providing work is prosecuted continuously and without delay. Such building, structure

or part thereof shall be deemed to be a nonconforming use and shall thereafter by subject to the restrictions set

forth herein. (Ord. 2764 § 3 (Exh. A), 2021.)

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

Disclaimer: The city clerk’s oEce has the oEcial version of the Petaluma Implementing Zoning Ordinance. Users

should contact the city clerk’s oEce for ordinances passed subsequent to the ordinance cited above.

City Website: cityofpetaluma.net

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