Chapter 3.24 — N NONCONFORMING USE OVERLAY DISTRICT

The N Nonconforming Use Overlay District is intended to modify the regulations governing the required termination of nonconforming uses, as prescribed in Chapter 4.20 Nonconforming Uses and Structures, in order to promote the timely and orderly conversion to conforming use in areas that have several properties occupied by nonconforming uses. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Nonconforming Use Overlay District may be combined with any base district. Where so combined, the provisions of this chapter shall apply to require termination of certain nonconforming uses, in lieu of the comparable provision of Chapter 4.20 Nonconforming Uses and Structures. The N Overlay District boundaries shall be shown on the zoning map by adding the "-N" designator to the base district regulations. A reference to the enacting ordinance also shall be included on the zoning map.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Nonconforming Use Overlay District may be established only when the Planning Commission recommends and the City Council makes the following findings:

• A. That the proposed district contains three or more nonconforming uses covering one-third or more of the parcels in a prescribed area;

• B. That the formation of such district would tend to reduce deterioration, blight, long-term vacancies, or other adverse conditions in the proposed district; and

• C. That the formation of such district would not be injurious to the property or to improvements for conforming uses within the proposed district and the immediately surrounding area.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The N Overlay District may be initiated by the City Council or the Planning Commission under the procedures for zoning map amendments prescribed by Chapter 5.16 Amendments. The City Council shall adopt each N Overlay District by ordinance after holding a public hearing and receiving a recommendation from the Planning Commission. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Upon establishment of an N Nonconforming Use Amortization Overlay District, the Planning Commission shall recommend and the City Council shall adopt a time schedule for required termination for nonconforming uses within the district, which are subject to termination as provided in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). In establishing the district, the Planning Commission may recommend and the City Council may provide that

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City of San Leandro, CA § 3.24.120

OVERLAY ZONING DISTRICTS

§ 3.24.120

the district and time schedules shall apply to some or to all nonconforming uses or conditions within the district. This time schedule shall apply to nonconforming uses within the N District and shall supersede the time periods set forth in Section 4.20.124 Elimination of Nonconforming Uses (Abatement). Any ordinance enacted pursuant to this chapter shall state the applicable amortization period. In recommending and adopting such time periods, the Planning Commission and City Council shall take into consideration but not be limited to the nature of construction of the structures within the district subject to amortization, the ages of such structures, the nature of the existing zoning, and the ability to convert such structures to accommodate conforming uses.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA