Portola Municipal Code § 17.37.010 Purpose

The purpose of these provisions of this chapter is to regulate nonconforming uses, structures and parcels, and to establish conditions under which nonconforming uses, structures and parcels, may be expanded, structurally altered or developed.

(Ord. 289 § 2 (Exh. A (part)), 2002)

A. Applicability. These regulations shall apply to all nonconforming uses, structures and parcels lawfully constructed or created in compliance with this code and state law.

B. Nonconforming Use. A nonconforming use may be continued, provided that no such use shall be enlarged or increased, nor extended to occupy a greater area than that which it lawfully occupied before becoming a nonconforming use except as otherwise allowed in this chapter or as follows:

1. Residential use in a commercial or industrial zone. The nonconforming use of a residential building in a nonresidential district may continue to be used as a residence subject to the residential zone development standards requirements of Section 17.16.030.A (R1 district), until such time as the building is condemned, removed, or converted.

2. Nonresidential use in a residential zone. No expansion or modification of a nonresidential use in a residential zone shall be permitted.

3. Expansion of a nonconforming use in a commercial or industrial zone. A nonconforming use, except for a residential use, in a commercial or industrial zone may be expanded or modified provided that a conditional use permit is first secured.

4. Substitution of nonconforming use. Except as otherwise prohibited in Section 17.37.020.C.2, a nonconforming use may be substituted with a different nonconforming use provided it has the same, or a less intensive, use classification, only upon approval of a conditional use permit. Such a new nonconforming use shall occupy the same area that is occupied by the existing nonconforming use.

C. Nonconforming Structure. A nonconforming structure may be used and maintained except as otherwise specified in this chapter or as follows:

1. Residential buildings.

a. Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling, that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title, and the new construction does not expand the nonconformity.

b. Enlargement, extension, reconstruction, or structural alteration of a building designed as a dwelling in a nonresidential district is permitted if such additions or improvements conform to all provisions of the district and the new construction does not expand the nonconformity.

2. Nonresidential buildings.

a. Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes that is nonconforming only as to height and setback regulations is permitted if such additions or improvements conform to all other applicable provisions of this title and the new construction does not expand the nonconformity.

b. Enlargement, extension, reconstruction, or structural alteration of a building designed for nonresidential purposes in a residential zone is not permitted.

D. Nonconforming Off-Street Parking. Reconstruction or structural alteration of a building with nonconforming parking or loading facilities, is permitted provided there is no expansion of use requiring additional parking as required by Section 17.40.030. The existing nonconforming parking and loading for the building may remain unchanged.

E. Damaged and Destroyed Nonconforming Buildings.

1. Damaged building. A nonconforming building which is damaged by fire or calamity destroying fifty percent or less of its value, as determined by the building inspector, may be reconstructed, provided the structure shall not increase the degree of nonconformity.

2. Destroyed building.

a. Building with a nonconforming use. The reconstruction of a building that is damaged by fire or calamity in excess of fifty percent of its value, as determined by the building inspector, which at the time was devoted to a nonconforming use, may obtain a building permit and begin reconstruction within three hundred sixty-five days of the event without the approval of a conditional use permit. If reconstruction has not begun within three hundred sixty-five days of the event, then the nonconforming use may be reconstructed only upon the approval of a conditional use permit. The nonconforming use shall not occupy a larger area of the reconstructed building than was occupied prior to its destruction. No portion of the building, as reconstructed, shall be located within the floodplain overlay zone.

b. Nonconforming building. The reconstruction of a building that is damaged by fire or calamity in excess of fifty percent of its value, as determined by the building inspector, which at the time was a nonconforming building, may be reconstructed only upon approval of a variance. The nonconforming building may be enlarged provided that any enlargement does not increase the nonconformity. The reconstruction of the building shall occur within twelve months after the date of damage. No portion of the building as reconstructed, shall be located within the floodplain overlay zone.

F. Loss of Nonconforming Status. Except as provided in Section 17.37.020(B)(1) of this chapter or where a shorter time period is specified by this title, a nonconforming use of a parcel or a nonconforming use of a conforming building which is discontinued for a period of six months shall be deemed abandoned. Without further action by the city, further use of the parcel or structure shall comply with all the regulations of the zone district in which the parcel or structure is located, and all other applicable provisions of this title.

(Ord. 310 § 1, 2005; Ord. 289 § 2 (Exh. A (part)), 2002)

A parcel that does not comply with the minimum requirement of this title for the zone district in which it is located, may be used as a building site if it complies with the criteria specified below. It shall be the responsibility of the applicant to produce sufficient evidence to establish the following:

A. Approved Subdivision. The parcel was created as part of a subdivision approved by the planning commission or city council pursuant to a duly adopted ordinance of the City of Portola and in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).

(Ord. 289 § 2 (Exh. A (part)), 2002)