Rohnert Park Municipal Code § 17.25.080 Purpose

This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement, their re-establishment after abandonment, and their alteration or restoration after destruction of the structure they occupy.

(Ord. 695 § 3, 2003)

A. Any nonconforming use, lot or structure shall be permitted to remain in existence so long as it remains in accordance with the provisions of this section.

B. Damage or destruction of a structure. Should a nonconforming structure be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damages or destruction as determined by the city building official, the nonconforming structure shall not be reconstructed, except in conformity with this title.

Should a structure in which the use does not conform with the regulations for the district in which it is located, be damaged or destroyed by any means to an extent of more than sixty percent of the replacement cost of the structure immediately prior to the damage as determined by the city building official, the nonconforming use shall not be resumed, except in conformity with this title or a conditional use permit as granted by the planning commission. The application for a conditional use permit shall be made within one year of the date of damage or destruction.

(Ord. 695 § 3, 2003)

A. If a structure has a nonconforming use, or the structure is nonconforming, the structure shall be subject to the following restrictions:

1. Existing conforming structures with non-conforming uses may be externally enlarged or extended, moved, or structurally altered only after the use of the structure is changed to a permitted use for the district in which it is located.

2. Any additions, enlargements, major alteration or moving of nonconforming structures shall conform to all regulations of the district in which the structure is located.

3. A vacant structure in which the last use was nonconforming may be occupied by the same or similar use if occupied within a period of one hundred eighty calendar days after the structure became vacant. If the structure is not occupied by the same or similar use within the time periods set forth, then the future use of the site must comply with the applicable district located as set forth in this title.

B. Uses or structures defined as nonconforming due to inadequate parking and/or landscaping are subject to the following restrictions:

1. Structures and uses in this subsection may be enlarged, altered, moved, extended or reconstructed within the following limits:

a. Where no major building other than an accessory building is involved, the cost of such change shall not exceed the total current appraised value of the land.

b. Where a major building is involved, the cost of such change shall not exceed the total current appraised value of the original buildings.

C. Exception. In any district where residences are prohibited, additions or alterations may be made to an existing single or two-family dwelling provided all of the following conditions are met:

1. Structural changes can be made only if in conformity with all the regulations of use, height, area, yard, interior yard space, off-street parking, etc., as required in the R-H, Residential-High Density District.

2. No additional dwelling units may be provided nor a conversion made that would create a second-dwelling unit, lodging house, care home, or similar use.

3. Floor area added shall not exceed fifty percent of the total floor area existing in the dwelling at the time the regulations prohibiting residences became effective on the property in question.

4. No such addition shall be permitted if a portion of the existing dwelling is converted to commercial or industrial use subsequent to when the regulations prohibiting residences became effective on the property in question.

(Ord. 695 § 3, 2003)

Nothing in this section shall be deemed to prevent repairs or maintenance necessary to comply with existing codes or ordinances or the strengthening or restoring to a safe condition any building, structure, or part thereof declared to be unsafe by any public official charged with the responsibility of protection public health, safety and welfare. Such repair and maintenance shall be subject to the same limitations set forth in subsection 17.25.082.B.

(Ord. 695 § 3, 2003)