Chapter 17.09

NONCONFORMING PROVISIONS

Sections:

• 17.09.010 Purpose.

• 17.09.020 Continuation and maintenance.

• 17.09.030 Nonconforming uses.

• 17.09.040 Nonconforming lots.

• 17.09.050 Nonconforming buildings or structures.

• 17.09.060 Illegal nonconforming uses and structures.

• 17.09.070 Nonconforming signs.

This chapter provides regulations for nonconforming uses, lots, developments, and signs that were lawful at the time of their construction or establishment, but which no longer conform to the regulations of the zoning code. The intent of this chapter is to:

A. Encourage improvements for appearance, maintenance, and safety, while limiting the extent to which nonconforming uses and structures may continue to be used, altered, expanded, moved, or replaced. Unless specified otherwise, this chapter is intended to be administered in a manner that encourages the eventual elimination of nonconformities.

B. Ensure that nonconformities shall not be reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this chapter. (Ord. 23-4 § 5 (Exh. A))

A. Any nonconforming use, building, structure, or other physical features may be continued, used, and maintained indefinitely in compliance with this chapter.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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• B. Any nonconforming lot may be used, developed, and maintained in compliance with this chapter.

C. A nonconforming use, lot, structure, building, or other physical feature may be transferred or sold; provided, that no such use or structure, building, or other physical feature shall be enlarged or altered except as otherwise provided in this chapter. (Ord. 23-4 § 5 (Exh. A))

A nonconforming use is a legally established use of land that is not permitted in the zoning district in which it is located, or a use that is permitted with a CUP or MUP but for which no CUP or MUP has been obtained, because the use was established prior to the application of the existing zoning district due to rezoning, annexation, or a change in the regulations of the zoning code. Legally established nonconforming uses shall be governed by the following regulations:

A. Extension of Use. A nonconforming use may not be extended to other parts of a building, or other physical feature except that on a site where existing residential uses are nonconforming, other buildings on the same site may be expanded or enlarged upon approval of a conditional use permit by the planning commission consistent with the procedures established in Section 17.05.020, Conditional use permit (CUP).

B. Change of Use. Consistent with the procedures of Chapter 17.04, Common Procedures, and Section 17.05.020, Conditional use permit (CUP), the planning commission may grant a conditional use permit for a change of use from a nonconforming use to another nonconforming use provided:

1. The planning commission determines that the resultant use is more consistent with the uses permitted in the district than the former use; and

2. The new use is less intensive in terms of hours of operation, number of employees, occupancy capacity, energy consumption, volume of traffic or noise generated by the use, or amount of parking required; and

3. The planning commission establishes an amortization schedule for the nonconforming use, by setting a date after which the nonconforming use must be discontinued or replaced with a conforming use.

C. Reestablishment of a Nonconforming Use. When a nonconforming use has been changed to a conforming use, the nonconforming use shall not be reestablished thereafter.

• D. Reestablishment of an Abandoned Nonconforming Use.

1. A residential or nonresidential nonconforming use that has been given up, closed, surrendered, interrupted, terminated or discontinued for a period of sixty (60) continuous days, regardless of intent to surrender the nonconforming use, is considered an abandoned nonconforming use.

2. Public Hearing and Procedures. The planning commission shall hold a public hearing, noticed in compliance with Section 17.04.080, Public hearing notice, on an application for the reestablishment of an

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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abandoned nonconforming use and shall, at the conclusion of the public hearing, approve (with or without conditions), or deny the application in compliance with the following criteria:

a. Abandonment With an Approved Conditional Use Permit. An abandoned nonconforming use that has been operating in conformance with a previously approved conditional use permit may be resumed, reestablished, or reopened within a six-month time period from the date of abandonment in accordance with the following criteria:

• i. The use is the same use which previously existed;

• ii. Written notice of the date of reestablishment shall be given to the community development director prior to reestablishment of the use;

• iii. A city business license shall be obtained;

• iv. All permits/approvals from any agency regulating the nonconforming use shall be obtained;

• v. A fictitious business name shall be filed with Napa County if required by state regulations;

• vi. All required information shall be filed with the State Board of Equalization; and

vii. If a building permit is requested to remodel the existing building, the conditional use permit remains vested, provided the building permit has been issued, construction consistent with the building permit has commenced, and construction is actively pursued toward completion prior to the six-month time period defining abandonment.

When it has been determined that the use has been resumed, reestablished, or reopened consistent with the criteria above, the use is deemed vested.

b. Abandonment Without an Approved Conditional Use Permit Where a Conditional Use Permit Is Required. An abandoned nonconforming use that requires but has not been granted a conditional use permit may be reestablished in accordance with the following criteria:

• i. The permit application is submitted within sixty (60) days of written notice provided by the community development director of the need for reestablishment of the conditional use permit;

ii. The planning commission makes findings required of a conditional use permit as defined in Section 17.05.020, Conditional use permit (CUP); and

iii. Before the operation of a legal nonconforming use may be substantially changed, the new use must be demonstrated to be either an expressly permitted use or conditionally permitted use in the district. A conditional use permit for the new use must be approved by the planning commission. Change in the operation of the business shall include, but not be limited to, expansion of floor area, substantial modification of the type of business, change in type of merchandise which results in a different type of business, change in hours of operation which results in a different type of business

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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(e.g., restaurant use to nightclub use) or changes to the business which will result in increased traffic, water use, or wastewater generation impacts.

• c. Abandonment Without an Approved Conditional Use Permit Where the Use Is Not Permitted. An

abandoned nonconforming use that is not permitted and has not been granted a conditional use permit may not be reestablished unless the planning commission finds that all of the following criteria are met:

• i. The use complies with the findings required of a conditional use permit as defined in Section 17.05.020, Conditional use permit (CUP);

• ii. The building or structure was specifically designed or modified for a nonconforming use;

iii. The structural alterations necessary to bring the building or structure into conformance with the standards of the municipal code are estimated by the chief building official to cost more than fifty percent (50%) of the current market value of building or structure; and

• iv. The proposed reestablishment of a nonconforming use will not be detrimental to any existing or potential permitted use in the area in which the nonconforming use is located.

If the operation is substantially changed, the new use is either a permitted use in the district or the change in operation does not increase the degree of nonconformity. Change in the operation of the business shall include, but not be limited to, expansion of floor area, substantial modification of the type of business, change in type of merchandise (one type of business to another type of business), change in hours of operation which results in a different type of business (e.g., restaurant use to nightclub use) or changes to the business which will result in increased traffic, water use, or wastewater generation impacts.

E. Extension. The reestablishment of a legal nonconforming use may be extended for one year upon the approval of the community development director, for uses which have been closed because of seismic retrofit construction authorized by a city building permit.

• F. Certificate of Present Extent of Legal Nonconformity for Uses.

  1. The owner of a legal nonconforming use:

     • a. At any time may apply for a certificate determining the present extent of a legal nonconforming use;

or

b. Upon notification by the community development director in the event of a dispute over voluntary abandonment, entitlement to issuance of a building or other permit, or the intensity and/or scope of the nonconforming use, shall apply for a certificate determining the present extent of the legal nonconforming use.

2. The application shall be filed with the community development department in the form prescribed by the department and shall be accompanied by all required fees.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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3. The owner has the burden of proof to establish the original legal nonconforming status of the use and the extent of any repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement which has occurred which conforms to the standards set forth in subsection A of this section.

4. The community development director is authorized to render an administrative decision in writing on the request to determine the present extent of the legal nonconforming use. If necessary, the community development director may request additional information to render a decision.

5. The community development director shall determine the present extent of the legal nonconforming use and issue a certificate setting forth such determination.

6. If the certificate is approved or conditionally approved, the community development director shall make a written report (which will be posted to the consent item section of the agenda) to the planning commission at its next regularly scheduled meeting. If the planning commission decides, by majority vote, to review the certificate and conditions, it shall conduct a public hearing after giving notice pursuant to Section 17.04.080, Public hearing notice. The public hearing shall be held within thirty (30) days after the date of the request for review. The planning commission may add, modify, or delete conditions. Within fourteen (14) days following the conclusion of the hearing, the planning commission shall render its decision. If the planning commission does not act within the time limits set forth in this section, the certificate shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the community development director insofar as it complies with all other applicable provisions of this title and the general plan.

7. If the planning commission does not decide to review the certificate and not conduct a public hearing pursuant to subsection (F)(6) of this section, the community development director’s decision shall be published once in a newspaper of general circulation in the city. In addition, the community development director shall provide individual mailed notice of the decision on the certificate to owners of property as shown on the last equalized assessment roll within three hundred (300) feet of the subject property for which the certificate is requested.

8. The community development director has discretion to refer the request to determine the present extent of the legal nonconforming use to the planning commission for a public hearing pursuant to the process and standards set forth in Chapter 17.04, Common Procedures.

9. The determination of the community development director may be appealed to the planning commission in accordance with the procedures set forth in Chapter 17.12, Procedures for Appeals.

10. Within thirty (30) calendar days of issuance of the certificate or, in the event of appeal, within thirty (30) calendar days of the final decision of the planning commission on appeal, the community development director shall file a true and correct copy of the certificate with the Napa County assessor.

11. The procedure set forth in this section shall also be used to determine the present extent of those certain winery and winery-related uses permitted without a use permit pursuant to Division III of this title, District Regulations. For purposes of such determination, all references in this section to “legal nonconforming” shall be replaced by the term “uses permitted pursuant to Division III of this title, District Regulations.” (Ord. 23-4 § 5 (Exh. A))

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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A nonconforming lot is a legally established lot that does not conform to the regulations regarding area, width, frontage or other such standard for the zoning district in which it is located because of rezoning, annexation, or change in the regulations of the zoning code, Title 16, Subdivisions, or the Subdivision Map Act. Legally created nonconforming lots shall be governed by the following regulations:

A. Change in Nonconforming Lots. A nonconforming lot shall not be changed in any way that would increase the degree of nonconformity unless there is a corresponding decrease in the degree of nonconformity of an adjoining lot and no new lot(s) or additional density permitted will result.

B. Uses on Nonconforming Lots. Any conforming use or conforming building, structure or other physical feature may be established on any nonconforming lot provided the use, building, structure or other physical feature conforms to the standards and regulations of the zoning district in which it is located and the provisions of this title.

C. Single-Family Dwellings on Nonconforming Lots. A nonconforming lot to be used for residential purposes shall be subject to the density requirements of the zoning district and general plan designation in which it is located. However, one single-family dwelling and customary accessory buildings may be permitted on any nonconforming lot in any zoning district in which a single-family dwelling is permitted, provided the single-family dwelling and accessory buildings shall conform to the design standards and regulations of the zoning district in which they are located and the provisions of this title. (Ord. 23-4 § 5 (Exh. A))

A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature that does not meet the standards of the zoning district in which it is located. It can also be a building, structure or other physical feature for which a conditional use permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure or other physical feature was established prior to the application of the existing zoning district due to rezoning, annexation or change in the regulations of the zoning code. Legally established nonconforming buildings, structures and physical features shall be governed by the following regulations:

A. Expansion and Enlargement. A nonconforming building, structure or other physical feature shall not be reconstructed, except as provided for in subsection C of this section, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the zoning district in which it is located and the provisions of the zoning code.

B. Remodel, Rehabilitation, and Alteration. A nonconforming building, structure or physical feature may be remodeled, rehabilitated, or structurally altered if the new work does not increase the degree of nonconformity.

• C. Repair, Maintenance, and Reconstruction.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. A nonconforming building, structure or physical feature damaged or destroyed by any means except demolition or intentional removal may be reconstructed to its original condition if the chief building official determines that no more than fifty percent (50%) of the gross floor area has been lost. If more than fifty percent (50%) of the building, structure, or physical feature is damaged or destroyed, then it must be rebuilt in compliance with current development standards.

2. If the chief building official determines that the extent of destruction exceeds fifty percent (50%) of the gross floor area, the nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a conditional use permit pursuant to the provisions of Section 17.05.020, Conditional use permit (CUP), provided the application for the conditional use permit is submitted within one year of the damage or destruction. The planning commission may require as a condition of approval that the building is thereafter devoted to a conforming use.

D. Seismic Retrofitting, Building and Construction Code Compliance. Repairs, alterations, or reconstruction to improve seismic safety or necessary to comply with building code and construction code requirements shall be allowed; provided, that the work is exclusively to comply with applicable earthquake safety standards, and the building code and construction code, as determined by the chief building official. (Ord. 23-4 § 5 (Exh. A))

Any building or structure set up, erected, built or moved and any use of property contrary to the provisions of this title are unlawful and a public nuisance. Action shall be immediately commenced for abatement, removal and enjoinment in the manner provided by law; other steps shall be taken to apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building or moving any such building or using any property contrary to the provisions of this title. All applicable remedies shall be cumulative and not exclusive. (Ord. 23-4 § 5 (Exh. A))

The following provisions shall apply to all building-mounted or freestanding permanent signs:

A. Continuance of Legally Nonconforming Sign or Billboard. A legally nonconforming sign or billboard may be continued for up to five years after the effective date or seven years from date of erection, whichever is shorter. Historic signs are exempt.

B. Abandonment, Destruction, or Discontinuance. Any nonconforming sign that is abandoned, destroyed to less than one-half of the value as determined by the chief building official, or discontinued for a period of six months or more shall be removed by the owner of the property on which the sign is located. Historic signs are exempt.

C. Enlargement, Alteration, Reconstruction, or Replacement. No nonconforming sign or billboard shall be enlarged, altered, reconstructed, or replaced except for reasonable repair or maintenance.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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D. Any time limit for the suspension of a nonconforming sign shall date from the enactment of this title or any amendment of zoning district boundaries that may make the signs nonconforming.

E. Sign Removal. It shall be the duty of the owner of any nonconforming sign and the duty of the owner of any premises upon which a nonconforming sign is located, to remove the sign or to bring sign into conformance, pursuant to the provisions of this title.

1. If such owners fail to perform such duty, the city council shall direct the chief building official to notify such owners in writing, registered mail, postage prepaid, to their last known addresses, to cause such removal or conformance within thirty (30) days after mailing of such notice.

2. The owners shall have the right, upon owner’s request, to a public hearing at any city council meeting following receipt of the notice and prior to the expiration of the thirty (30) day period on the issue of whether or not the owner is obligated to perform such duty.

3. If the owners fail to perform such duty within the thirty (30) day period as described in subsection (E)(2) of this section, the city council, in addition to other available remedies, may cause the removal of such signs to be done by the city or its contractor and assess the cost and expense of the same against the property on which the sign was located. Such costs and expenses may be a lien upon such property and, if not paid, payment may be enforced against the property by any appropriate action in a court. (Ord. 23-4 § 5 (Exh. A))