Chapter 18.120
NONCONFORMING USES

Sections:

18.120.010    Nonconforming uses.

18.120.020    Nonconforming structures.

18.120.030    Expansion or alteration to nonconforming uses.

18.120.040    Destruction of nonconforming structures.

18.120.050    Maintenance or repair of nonconforming structures.

18.120.060    Cessation of use.

18.120.070    Nonconforming fences and vegetation.

18.120.010 Nonconforming uses.

Nonconforming uses shall apply as follows:

A. The lawful use of unimproved land existing at the time of the adoption of this title on February 9, 1955, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued. No such use shall be enlarged or increased, or be extended to occupy a greater area than that occupied by such use at the time of the adoption of this title. If any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

B. The lawful use of a building existing at the time of the adoption of this title may be continued although such use does not conform to the regulations specified for the district in which such building is located. (Ord. 977 § 1 Ex. A (part), 1987)

18.120.020 Nonconforming structures.

Nonconforming structures shall apply as follows:

A. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, parking, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located.

B. For the purpose of additions in any R District, continuation of a setback that was legal at the time of adoption of Ordinance No. 872 on November 10, 1980, shall not be considered an increase in the discrepancy. However, in no case shall any existing setback of less than three feet be considered legal for purposes of this chapter. Further, any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

C. Metal structures which do not conform to the Uniform Building Code and the San Carlos Fire Code shall be improved so as to comply with the Building and Fire Code standards, or removed as specified herein. Prior to the issuance of a building permit, zoning clearance or Code Compliance Certificate for an alteration, change in occupancy, change in ownership or repair of damage by fire or disaster to a nonconforming metal structure, the property owner shall enter into an agreement with the City providing that the structure shall be improved or altered to comply with the City Building and Fire Codes, or shall be removed within fifteen years of the agreement date. This provision shall be imposed in the following instances:

1. When a change in occupancy (as defined by the Uniform Building Code) is proposed for more than fifty percent of the gross floor area of the building;

2. When the building or property ownership changes;

3. The building is damaged by fire or other disaster to an extent of more than fifty percent of its appraised value.

D. A structure located within a commercially zoned district of the City which is nonconforming due to a discrepancy between existing conditions and standards of parking prescribed in the regulations for the district in which the structure is located, may be used for a permitted or a conditional use, provided:

1. The existing parking received City approval or complied with codes in effect at the time of construction; and

2. A use permit is first obtained from the Zoning Administrator. (Ord. 1192 § 1 (part), 1995; Ord. 1148 § 1 (part), 1994; Ord. 1091 § 4, 1991; Ord. 977 § 1 Ex. A (part), 1987)

18.120.030 Expansion or alteration to nonconforming uses.

Expansion or alteration to nonconforming uses shall apply as follows:

A. The nonconforming use of a portion of a building may be extended throughout the building, provided that in each case a use permit shall first be obtained;

B. The nonconforming use of a building may be changed to a use of the same or a more restricted nature, provided that in each case a use permit shall first be obtained from the Zoning Administrator;

C. That an existing nonconforming single-family residence located in any residential zoning district may be altered in accordance with the provisions of the current zoning regulations in effect subject to obtaining a zoning clearance;

D. That a conforming or nonconforming residence located in any residential zoning district on a lot that is nonconforming with current zoning regulations may be altered in accordance with current zoning regulations subject to first obtaining a zoning clearance. (Ord. 977 § 1 Ex. A (part), 1987)

18.120.040 Destruction of nonconforming structures.

Destruction of nonconforming structures shall apply as follows:

A. A nonconforming building damaged or destroyed by fire, explosion, earthquake or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent or person acting on their behalf or in concert with, to an extent of more than fifty percent of the appraised value thereof, as determined by a professional appraiser selected by the City and whose fee shall be paid by the property owner, may be restored if made to conform to all the regulations of the district in which it is located with the following exceptions:

1. Legally nonconforming structures located within single-family residential zoning districts may be replaced, restored, rebuilt or repaired and used as before such happening consistent with zoning codes in effect at the time the residence was originally constructed, only upon approval of the Planning Director and on the finding that there are no feasible alternatives for restoration of the nonconforming structure under current zoning codes. Property owners requesting approval for the replacement, restoration, rebuilding, repairing or reusing of a nonconforming structure shall be required to submit evidence documenting the original conditions of the structure, to the satisfaction of the Planning Director.

2. Legally nonconforming structures located within multi-family residential, commercial and industrial zoning districts may be may be replaced, restored, rebuilt or repaired and used as before such happening consistent with zoning codes in effect at the time the structure was originally constructed only upon issuance of a conditional use permit approved by the Planning Commission as outlined in Chapter 18.124 of this Code and on the additional finding that there are no feasible alternatives for restoration of the nonconforming structure under current zoning codes. Property owners requesting approval for the replacement, restoration, rebuilding, repairing or reusing of a nonconforming structure shall be required to submit evidence documenting the original conditions of the structure, to the satisfaction of the Planning Director. (Ord. 1249 § 1, 1998: Ord. 977 § 1 Exh. A (part), 1987)

18.120.050 Maintenance or repair of nonconforming structures.

Maintenance or repair of nonconforming structures shall apply as follows:

A. Ordinary maintenance and repairs may be made to any nonconforming structures. No structural alterations may be made that such alteration increases the degree of nonconformity. Other repairs or alterations may be permitted, provided that a use permit shall first be obtained from the Zoning Administrator and provided that the repair or alteration does not involve the removal of more than fifty percent of the square footage of the existing nonconforming structure, as determined by the Planning Director. (Ord. 1249 § 1, 1998: Ord. 977 § 1 Ex. A (part), 1987)

18.120.060 Cessation of use.

Cessation of use shall apply as follows:

A. If the nonconforming use of a building ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. Provided however, that if the use is nonconforming only due to a discrepancy between existing conditions and the standards of parking prescribed in the regulations for the district in which the structure is located, a commercial use conforming to the district regulations may be reestablished, provided:

1. The existing parking received City approval or complied with codes in effect at the time of construction; and

2. A use permit is first obtained from the Zoning Administrator.

B. Every automobile and automotive equipment junkyard, auto wrecking yard, or any land used for storage of automobile junk, automobile scrap metal, or the salvage or storage of old or damaged vehicles, or the dismantling of such machinery or equipment, shall be removed or caused to be removed by the owner or operator thereof on or before December 31, 1969, and henceforth the use of such land shall comply with the zoning regulations in effect on such land.

C. Other junkyards shall, on or before December 31, 1969, be placed or contained fully within a building and, henceforth, the use of said land shall comply with zoning regulations in effect on such land. (Ord. 1192 § 1 (part), 1995; Ord. 1148 § 1 (part), 1994; Ord. 977 § 1 Ex. A (part), 1987)

18.120.070 Nonconforming fences and vegetation.

Nonconforming fences and vegetation shall comply with the following:

A. All existing nonconforming fences and walls within the public right-of-way shall be immediately removed or otherwise made to conform to the ordinance standards.

B. Any shrubs, trees or other foliage which, in the opinion of the Chief of Police, obscures safe sight distance from driveways and corners shall be trimmed by the property owner to a condition satisfactory to the Chief of Police.

C. Any other existing legally nonconforming fence may remain, provided that it is not replaced as defined in Section 18.117.020(G) or constitutes as hazardous condition as determined by the Building Official. (Ord. 1278 § 2, 2000; Ord. 977 § 1 Ex. A (part), 1987)