The extension of a nonconforming use to a portion of a structure that was provided for the nonconforming use at the time the ordinance codified in this title was adopted shall be permitted, provided the parking requirements pursuant to Chapter 17.36 CMC, Off-Street Parking and Loading, are met.

A structure conforming as to use but nonconforming with respect to height, setback or coverage may be altered or extended if the alteration or extension does not further deviate from the standards of this title.

Any structure or use for which parking facilities do not meet the requirements of Chapter 17.36 CMC shall be considered a nonconforming use. Such nonconforming uses may continue, but no enlargement, expansion or increase in the number of businesses shall be made on the lot or within existing structures unless the entire parking requirements of Chapter 17.36 CMC for the expanded floor area or use intensification are met or an in-lieu parking fee can be applied in accordance with this title.

If a nonconforming use is replaced by another use, the new use shall conform to this title.

If a nonconforming use is discontinued for a period of 180 days, all future use shall conform to the current provisions of this title.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 60 percent of fair market value as indicated by the records of the County Assessor, a future structure or use on the site shall conform to this title.

Notwithstanding the above, a nonconforming residential structure may be replaced; provided, that:

A nonconforming use not involving a structure.

A nonconforming use involving a structure having an assessed value of less than $1,000.

Purpose. To support implementation of General Plan OSC Goals 6 and 7 and Policy P1.3-3 through regulations that:

Applicability. This section applies to:

Modifications to Gas Station Uses – Generally. Except as provided below, gas station uses and structures related thereto shall not be enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied by such use. As determined by the Director of Planning and Building, examples of features subject to this provision include, but are not limited to, those related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel (e.g., storage tanks, pumps, dispensers).

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.

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 use may be modified to improve public safety.

Modifications to Enable Zero-Emission Vehicles (Battery Charging Station). Gas station uses may be modified to accommodate battery charging station(s) for zero-emission vehicles. Pursuant to Government Code Section 65850.7, no permit is required to install battery charging stations.

Modifications to Enable Zero-Emission Vehicles (Hydrogen Fuel Cell Station). Gas station uses may be altered to include facilities for the storage, conveyance and dispensing of hydrogen to zero-emission vehicles.

Modifications for Commercial Uses Other Than Fossil Fuel Sales. Gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales and provided for in the respective zoning district.

Modifications to Ensure Compliance With the General Plan. Gas station uses may be altered to ensure compliance with General Plan policies and regulations, including overlay designations, such as entry corridor overlays, character areas, and gateway designations.

Discontinuation of Gas Station Uses or Structures. A gas station use shall not be reestablished if such use has been discontinued for a continuous period of 180 days or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Zoning Administrator may extend the 180-day time frame when presented with documentation demonstrating construction has been pursued diligently and timely.

Applicability of This Chapter – Requirements to Gas Station Uses and Structures. CMC § 17.44.020, § 17.44.030(A), and § 17.44.040 also apply to gas station uses and structures regulated pursuant to this section. The requirements of CMC § 17.44.015, § 17.44.030(B), § 17.44.050, and § 17.44.060 do not apply to gas station uses and structures regulated pursuant to this section. Nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure of the carrying out upon the issuance of a building permit or major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Official shall state the precise reason why such alterations were deemed necessary.