Santa Rosa Zoning Code Ch. 20-61 Nonconforming Uses

A.

Purpose. This Chapter provides regulations for nonconforming uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Code, or future amendments.

B.

Intent. It is the intent of this Chapter to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this Chapter.

C.

Detrimental to orderly development. The continuance of a nonconforming use or structure is generally detrimental to the orderly development of the City and the general welfare of its residents and is particularly detrimental to the welfare of persons and property in the vicinity of any nonconformity.

D.

Illegal use or structure. Any use or structure which was established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which is not in conformity with the applicable regulations of this Zoning Code, is not a nonconforming use or structure, and the use or structure is in violation of this Code.

(Ord. 3677 § 1, 2004)

A.

Continued, transferred, or sold. Nonconforming uses may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.

B.

Replacing nonconforming uses with similar uses.

1.

A nonconforming use may be changed to another nonconforming use of a similar or more restricted classification or nature; provided, the proposed new nonconforming use would not increase the degree or intensity of the nonconformity.

2.

The replacement nonconforming use shall serve as the "new bench mark" in terms of establishing the acceptable level of nonconformity.

3.

Where a nonconforming use is changed to another nonconforming use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification.

C.

Enlargement or expansion of use not allowed.

1.

Nonconforming use of land. A nonconforming use of land which does not involve any structure, except accessory structures, shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area, or increased in intensity. "Accessory structures," as used in this Subsection, include driveways, fences, parking areas, signs, walls, or minor structures less than 400 square feet in area.

Nonconforming use of a structure. Changes to a nonconforming use of a structure by addition, enlargement, extension, reconstruction, or relocation, may be allowed only if the changes comply with all of the regulations of the applicable zoning district and the following provisions:

a.

A nonconforming use of a structure may only be expanded or enlarged in size or capacity, or extended to occupy a greater area, or increased in intensity through the approval of a Minor Conditional Use Permit in compliance with Section 20-52.050.

b.

In approving the Minor Conditional Use Permit, the review authority shall make the following finding, in addition to those identified in Section 20-52.050 G. (Findings and decision): The enlargement, expansion, extension, or increase would not increase the degree or the detrimental effects of the nonconformity.

D.

Loss of nonconforming status.

1.

If a nonconforming use of land, or a nonconforming use of a conforming structure, is discontinued for a continuous period of at least six months, the rights to legal nonconforming status shall terminate. The time limit for maintaining a legal nonconforming status for properties located along the north side of Sebastopol

Road to Highway 12, between Stony Point Road and Dutton Avenue, as illustrated in Figure 6-1, shall be 24 months, for existing nonconforming uses and structures, to maintain a vibrant and thriving industrial area until such time as the area is ready to convert to residential and mixed residential and retail uses. 2.

The nonconforming use shall not be resumed once the use has been terminated for at least six months, or 24 months for properties located along the north side of Sebastopol Road, between Stony Point Road and Dutton Avenue.

3.

The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business receipts/records to document continued operation.

4.

Without further action by the City, any further use of the site shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Zoning Code.

(Image not reproduced in this text.)

Figure 6-1 - Sebastopol Road north to Highway 12, between Stony Point Road and Dutton Avenue

E.

Gas station modifications.

1.

Gas stations and related fossil fuel infrastructure shall not be enlarged, extended, reconstructed, or moved to a different portion of the lot or parcel of land occupied by such use except as outlined below or as required for compliance with local, state, or federal law, or as approved by the CUPA. Fossil fuel infrastructure subject to this provision includes, but is not limited to, structures, features, and facilities related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers). A Minor Use Permit shall be required for any modifications to existing gas stations and fossil fuel infrastructure unless proposed modifications are subject to review by a higher review authority pursuant to City Code Section 20-50.020, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority. Land use entitlements required pursuant to this section are in addition to applicable CUPA permitting requirements. a.

Modifications to improve air, soil, groundwater, and stormwater quality. Gas stations may be modified to conform to current air or stormwater quality control regulations or to remediate contamination of soil or groundwater.

b.

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 gas station may be modified to improve public safety.

c.

Modifications to enable zero emission vehicles (battery charging station). Gas stations 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.

d.

Temporary and permanent closure of gas stations. The temporary and permanent closure of gas stations shall be subject to City Code Title 17, Environmental Protection, Chapter 17-34, Certified Unified Program

Agency (CUPA), and California Code of Regulations Title 23, Chapter 16, Article 7, Underground Storage Tank Closure Requirements, Sections 2670-2672, Temporary and Permanent Closure, and as outlined in the Santa Rosa Fire Department Underground Storage Tank Closure Policy and Guidelines.

F.

Nonconforming uses affected by a Hazard. See Chapter 20-35, Resilient City Standards.

(Ord. 3677 § 1, 2004; Ord. 4074 § 6, 2016; Ord. 2022-010 § 5; Ord. 2024-012, 11/19/2024)

A.

Continued, transferred, or sold. Nonconforming structures may be continued, transferred, or sold, but only in compliance with the provisions of this Chapter.

B.

Nonconforming structures and involuntary damage. This section shall not apply to destroyed nonconforming single and multi family dwelling units as provided by Section 20-61.050.C declared Hazards as provided by Chapter 20-35, Resilient City Standards. The nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed by accident (e.g., fire, explosion, etc.) provided that the structure may be repaired and reoccupied only in the following manner:

1.

Damage up to 50 percent of market value. A nonconforming structure involuntarily damaged up to 50

percent of its current market value (as defined in Subparagraph D.b, below) may be reconstructed, repaired, restored, and used as before; provided that the restoration is initiated (as defined in Subparagraph D.a, below) within 12 months, and is substantially completed within 24 months from the date of application for the required Building Permit.

2.

Damage to 50 percent or more of market value. A nonconforming structure involuntarily damaged to 50 percent or more of its current market value (as defined in Subparagraph D.b, below) shall not be reconstructed, repaired, or restored, except in conformity with the applicable requirements of the subject zoning district.

C.

Nonconforming structures and voluntary repair and maintenance. The ordinary and normal repair and maintenance work that may be required to keep a nonconforming structure in sound condition may be made in compliance with this Subparagraph. A nonconforming structure may undergo ordinary and normal repair and maintenance only in the following manner:

1.

Minor repair. Minor normal repair and maintenance may be made to a nonconforming structure:

a.

Provided that no structural alterations are made (exception: see Subparagraph (C)(1)(b), immediately below), and the work does not exceed 50 percent of the current market value of the structure during any calendar

year;

b.

For purpose of this Subparagraph the cost of any required foundation work shall not be counted within the 50 percent limitation.

2.

Major repair. Major repair to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current market value of the structure, before damage or destruction, may occur with Conditional Use Permit approval, where the review authority first determines that the major repairs are necessary to correct potential hazards to public health or safety.

Other voluntary modifications. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed with Conditional Use Permit approval; provided that the review authority determines that the modification is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, and only in compliance with Subparagraphs (C)(1) and (C)(2), above.

D.

Definitions.

a.

Restoration is initiated. As used in this Section, "restoration is initiated" requires that, at a minimum, a complete Building Permit application has been filed. b.