Chapter 17.70

• A. Purpose. This chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted

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differently under the current terms of this Zoning Code or future amendments. [Source: 17.50.010.A, modified]

• B. Intent. It is the intent of this Zoning Code to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this chapter. [Source: 17.50.010.B, modified]

• A. Applicability and Exception. Except as provided in Section 17.70.070 (Nonconforming Vehicle Fueling Stations), all nonconforming uses and structures shall comply with the following regulations: [Source: Gas Station Ban Ordinance, modified]

• B. Nonconforming Uses of Land. A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming nonconforming. [Source: 17.50.020.A]

• C. Nonconforming Structures. A nonconforming structure may continue to be used as follows: [Source: 17.50.020.B]

  1. Changes to or Expansion of a Structure. Changes to a nonconforming structure by addition, enlargement, extension, reconstruction, or relocation, may be allowed if the changes conform to applicable provisions of this Zoning Code. [Source: 17.50.020.B.1, modified]

  2. Nonconforming Parking. See Section 17.30.030.I (Nonconforming Parking). [Source: 17.50.020.B.2]

  3. Maintenance and Repair. A nonconforming structure may be maintained and repaired. [Source: 17.50.020.B.3]

  4. Seismic Retrofitting and Building Code Compliance. Repairs, alterations, or reconstruction to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the Building Code. [Source: 17.50.020.B.4]

  5. Other Modifications Allowed. The enlargement, extension, reconstruction, or structural alteration of a nonconforming structure to improve safety, reduce fire hazard and/or to improve the appearance of the structure may be allowed with Minor Use Permit approval. [Source: 17.50.020.B.5]

  6. Historical Structures. Structures of historical significance in the Town Center (TC) Zone may be altered or enlarged with the Director's approval without conforming to new setbacks. [Source: 17.50.020.B.6, modified]

• D. Station Area Plan and Downtown Specific Plan Expansion and Conversion of Residential Structures. Properties in the Station Area Plan and Downtown Specific Plan shall comply with the following:

  1. Expansion of Uses. Expansion of a nonconforming residential structure located in the Station Area/Downtown Specific Plan boundary, zoned Town Center Commercial, but not within the Downtown Core (as defined by the Station Area Plan Figure 2-1) may be allowed with Commission approval provided it is in conformance with this Zoning Code and is consistent with similar development in the immediate area. [Source: 17.50.020, modified]

  2. Conversion of Residential Structures to Commercial Uses. The conversion or expansion of nonconforming residential uses or structures to commercial uses or struc-

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tures outside the downtown core (defined by the Station Area Plan Figure 2-1) and zoned Town Center Commercial, may be allowed at the discretion of the Commission. The intent is the reuse of the existing structures with interior improvements and minor exterior improvements to accommodate commercial uses. Conversion of residential structures to commercial uses is allowed if the following findings of fact can be made in an affirmative manner: [Source: 17.50.020, modified]

• a. The proposed use is consistent with the General Plan. [Source: 17.50.020.a]

• b. The proposed use is allowed within the applicable Zone and complies with all other applicable provisions of the Station Area Plan and the Zoning Code. [Source: 17.50.020.b, modified]

• c. The design, location, size, and operating characteristics of the proposed use is compatible with the existing and future land uses in the vicinity. [Source: 17.50.020.c]

• d. The proposed use clearly represents incremental progress towards the fulfillment of the ultimate vision of the Station Area/Downtown Specific Plan by changing the use and/or design. [Source: 17.50.020.d]

• e. The proposed use is not geographically positioned to impede the development of larger projects within the vicinity. [Source: 17.50.020.e]

• f. The site is physically suitable for the type and intensity of use being proposed, including access, utilities, and the absence of physical constraints. [Source: 17.50.020.f]

• g. Granting the permit would not be detrimental to the public interest, health,

safety, convenience, or welfare, or be materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. [Source: 17.50.020.g, modified]

• h. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring, existing or future developments and will not create traffic or pedestrian hazards. [Source: 17.50.020.h]

An involuntarily damaged or destroyed agricultural structure, mobile home, or single- or multiunit dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current Building and Fire Code requirements, provided it is reconstructed or replaced within twentyfour (24) months. [Source: 17.50.030.A]

• A. Termination by Discontinuance. Discontinuance of a use, structure, or parcel may result in the termination of nonconforming status in compliance with the following.

  1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six (6) months or more, rights to legal nonconforming status shall terminate. [Source: 17.50.040.A.1]

  2. 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 records to document continued operation. [Source: 17.50.040.A.2]

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3. Without further action by the Town, any further use of the site or structure shall comply with all of the regulations of the applicable zone and all other applicable provisions of this Zoning Code. [Source: 17.50.040.A.3]

• B. Termination by Destruction. Except as provided by this chapter, nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, provided that the structure may be repaired or rebuilt and reoccupied as follows: [Source: 17.50.040.B]

  1. If the cost of repairing or replacing the damaged portion of the structure is fifty (50) percent or less of the assessed value of the structure immediately before damage, the structure may be restored, and the use continued if the restoration is started within twelve (12) months of the date of damage and is diligently pursued to completion. The applicant may request, and the Director may grant one (1) twelve-month extension. [Source: 17.50.040.B.1]

  2. Minor Use Permit approval shall be required if the cost of repairing or replacing the damaged portion of the structure is more than fifty (50) percent of the assessed value of the structure immediately before damage. Minor Use Permit approval shall require a finding, in addition to those contained in Section 17.58.030 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds the detriment inherent in the restoration and continuance of nonconformity. [Source: 17.50.040.B.2]

• A. Legal Building Site. A nonconforming parcel that does not comply with the applicable area, depth, or width requirements of this Zoning

Code shall be considered a legal building site if it meets at least one (1) of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant: [Source: 17.50.050.A, modified]

1. Approved Subdivision. The parcel was created by a recorded subdivision; [Source: 17.50.050.A.1]

2. Individual Parcel Legally Created by Deed. The parcel is under one (1) ownership and of record and was legally created by a recorded deed before the effective date of the Zoning Amendment that made the parcel nonconforming; [Source: 17.50.050.A.2, modified]

3. Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure or resulted from a lot line adjustment; or [Source: 17.50.050.A.3]

4. Partial Government Acquisition. The parcel was created in compliance with the provisions of this Zoning Code but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty (20) percent and the setback facing a public right-of-way was decreased not more than fifty (50) percent. [Source: 17.50.050.A.4, modified]

• B. Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel, except as may otherwise be required by State law. [Source: 17.50.050.B]

• A. Conformity of Uses Requiring Use Permits. A use lawfully existing without a Minor Use Permit or Conditional Use Permit that would be required by this Zoning Code to have Use

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Permit approval, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.). [Source: 17.50.060.A]

• B. Previous Use Permits in effect. A use that was authorized by a Use Permit but is not allowed by this Zoning Code in its current location may continue, but only in compliance with the original Use Permit. [Source: 17.50.060.B]

• A. Purpose. To implement the 2040 General Plan greenhouse gas emission reduction policies and Council Climate Emergency Resolution No.3548-19 through regulations that: [Source: Gas Station Ban Ordinance]

  1. Provide for the continued operation of gas stations as legal nonconforming uses and describe when they shall be deemed abandoned. [Source: Gas Station Ban Ordinance]

  2. Allow alteration to gas stations when such changes provide greater protection of the environment, safeguard public health and safety, facilitate the use of Zero Emission Vehicles, or enable other use allowed within the respective zoning district. [Source: Gas Station Ban Ordinance]

  3. Prohibit gas station operations from increasing the storage and dispensing capacity of gasoline, diesel, and other fossil fuels. [Source: Gas Station Ban Ordinance]

• B. Applicability. This section applies to:

  1. All lawfully developed and operating gas stations in existence prior to October 5, 2022. [Source: Gas Station Ban Ordinance]

  2. All gas stations not yet developed and/or operating but subject to an approved and unexpired land use permit or a planning

entitlement application that was submitted before October 5, 2022. [Source: Gas Station Ban Ordinance]

• C. Modifications to Gas Stations—Generally. Except as provided in this section, gas station uses and structures related thereto shall not be enlarged, extended, or intensified. As determined by the Director, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline, diesel, and other fossil fuels (e.g., storage tanks, pumps, dispensers). [Source: Gas Station Ban Ordinance]

• D. Modifications to Improve Soil, Groundwater, and Stormwater Quality. Gas station uses may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater. [Source: Gas Station Ban Ordinance]

• E. Modifications to Improve Traffic Safety. As determined by the Town 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. [Source: Gas Station Ban Ordinance]

• F. Modifications to Enable Zero Emission Vehicle Battery Charging Stations. Gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. [Source: Gas Station Ban Ordinance]