This article is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy.

While permitting the use and maintenance of nonconforming structures and signs, this article is intended to limit the number and extent of nonconforming structures and certain nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title and by prohibiting their restoration after destruction.

Eventually, certain classes of nonconforming uses, nonconforming structures of nominal value and certain nonconforming signs are to be eliminated or altered to conform.

For buildings and uses existing on March 17, 1980, in all commercial zones, the City Council has found and determined, after study and recommendation made by the planning commission, that the classification of uses adopted to implement the current general plan and bring this Title to conformity therewith, as to uses in commercial zones, would work unnecessary hardship upon the owners and occupants of properties and businesses in the said zones if such uses were to be rendered nonconforming and subject generally to the provisions of this article, without counterbalancing service of public need or convenience. The determination herein made is based upon an enumeration and study of the precise uses that would be rendered nonconforming were it not for the provisions of this article.

Therefore, buildings and uses, not including signs, which would be nonconforming under the regulations adopted for the said zones by amendments effective March 17, 1980, shall be exempt from this article, and shall be considered as permitted uses under this Title. Such use may be continued in the location in which they existed on March 17, 1980, without restriction as to repair, maintenance, or replacement in the event of disaster or other loss, or transfer of ownership.

Such uses shall not, however, be replaced after voluntary abandonment or termination by the owner or with the consent of the owner of the property, and buildings that do not conform to all current requirements of this Title as to height, bulk, setback, size, off-street parking and similar requirements, shall not be enlarged or extended to occupy additional land without a conditional use permit.

The replacement of existing buildings, whether or not for a prior use, shall comply with all height, bulk, setback, design review, off-street parking and similar requirements set forth by this Title.

A use, lawfully occupying a structure or a site on the effective date of Ordinance 950 (September 2, 1998) or of amendments thereto, that does not conform with the use regulations for the zoning district in which the use is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article.

A structure, lawfully occupying a site on the effective date of this Title or of amendments thereto, that does not conform with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be maintained, except as otherwise provided in this article.

A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on the effective date of this Title or of any amendments thereto, that does not conform with the standards for location, size, outdoor advertising structures, and displays for the district in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this article.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign.

Any parcel of land that is the result of a legal subdivision of land may be allowed to have improvements constructed on it even though the minimum lot area, width or depth requirements of this Title may not be satisfied; provided, that any proposed development complies with all other applicable requirements for the district in which it is located, unless a variance has been obtained to grant relief from the standards that would otherwise apply.

A minor antenna and its associated support structure, including those facilities used by licensed amateur radio operators in the Amateur Radio Service, installed prior to April 7, 1997, shall be deemed legal, prior existing facilities and shall not be subject to any of the requirements established in HMC § 20.20.080 or the zoning district in which it is located. However, if the facility use is abandoned for a continuous period of six months, the facility is destroyed in excess of 50 percent of its appraised value or the facility is expanded, enlarged or rebuilt in excess of 15 percent of the appraised value in any one-year period, then the appropriate requirements of HMC § 20.20.080 shall apply.

No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that:

No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the place occupied by the nonconforming use, except as permitted in this section.

No nonconforming use shall be enlarged or extended in such a way to occupy any part of the structure or site which it did not occupy on the effective date of this title or of the amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

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, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.

The nonconforming use of a structure or site shall not be changed to another nonconforming use.

No use which fails to meet the required conditions for the district in which it is located shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in the elimination of nonconformity with required conditions.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations of the district in which it is located.

Notwithstanding the time period given above, a residential visitor lodging operation shall not be considered abandoned or discontinued if a transient use occupancy is demonstrated by timely payment of transient occupancy fees within any continuous period of 180 days.

Whenever a structure that does not comply with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between buildings, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that the restoration is started within one year and diligently pursued to completion.

Whenever a structure that does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by an act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law, the structure shall not be restored, except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Notwithstanding the above, a nonconforming residential structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, enlarged, or replaced if destroyed by fire, acts of God, or the public enemy; provided, that the number of dwelling units is not increased. Nonconforming multifamily housing located in an Industrial District that is destroyed may only be replaced if the findings set forth in Government Code Section 65852.25 can be met as determined by the planning commission. Further, notwithstanding the above, a nonconforming hotel structure with more than five guest rooms, located in the Downtown Commercial (CD) District, may be altered or replaced and the hotel use resumed if destroyed by fire, acts of God, or the public enemy, to an extent greater than 50 percent; provided, that the number of hotel rooms is not increased from the use preceding the damage.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or reviewed and approved by the planning and building director.

City Council. The City Council is established through the incorporation of the City of Healdsburg and has final review of all matters relating to planning and zoning, subject to delegation of such authority as provided in this title.

Planning Commission. The planning commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the City Council.

Zoning Administrator. A zoning administrator may be appointed to perform certain duties as described in this title and as authorized by the State Planning and Zoning Law. The City Manager shall appoint the zoning administrator and determine qualifications for the office.

Table 22 summarizes the various reviewing and approval bodies for applications made pursuant to this title.

Notice shall be given in accordance with state law and as set forth in Table 23. In addition, the City may give notice of hearings in any other manner deemed necessary or desirable so long as compliance with state law is assured.

Where notification of surrounding property owners is required, the following shall apply:

For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation within the community at least one time.

Any action taken by the planning and building director, zoning administrator and/or planning and building department staff in the administration or enforcement of the provisions of this Title may be appealed by any person aggrieved, or by any officer, commission or department of the City. Such appeals shall be made to the planning commission. Any action taken by the planning commission may be appealed to the City Council.

The notice of appeal shall be in writing and shall be filed with the planning and building department on forms provided by the City. An appeal from any action in the administration or enforcement of this Title shall indicate specifically the error or abuse of discretion.

Any appeal shall be filed within 10 days after the hearing or action from which the appeal is made. Upon the filing of an appeal, the planning and building department shall transmit a copy of the appeal to the body authorized to hear the appeal.

For appeal from actions taken by the planning and building director, zoning administrator or planning and building department, the following procedures shall govern:

For appeal from actions taken by the planning commission, the following shall govern:

Preserve the natural beauty and attractiveness of new development where it occurs;

Promote and, wherever possible, improve the appearance of the community;

Ensure that indiscriminate clearing of property is minimized and the destruction of trees and shrubs is also minimized;

Obtain the best possible traffic circulation within the community;

Ensure that the design and layout of new development projects are compatible with the Healdsburg General Plan, applicable sections of the Land Use Code and are in scale and character with surrounding land uses.

The following applications are minor design review applications, subject to review by the planning and building director. More complex or sensitive projects may be referred to the planning commission:

The planning commission may approve, conditionally approve, or deny applications for major design review. The following applications are major design review applications, subject to review by the planning commission at a public hearing:

The proposed development or use is consistent with all applicable policies and requirements of the General Plan and Land Use Code.

The proposed design of the development or use, and all appurtenant structures, is consistent with the policies set forth in the Citywide Design Guidelines, as may be amended from time to time.

The proposed development or use is consistent with the purposes of the zoning district in which it is located.

The proposed development or use is consistent with all other conditions imposed by the planning commission or City Council with respect to any matter related to the purpose of design review.

For proposed developments or uses in the Central Healdsburg Avenue Plan area, the design of the development or use, and all appurtenant structures, is consistent with the policies set forth in Chapter IV, "Building Design Framework," of the Central Healdsburg Avenue Plan dated November 2013 and adopted by the Healdsburg City Council on January 21, 2014, as may be amended from time to time.

For proposed developments or uses in the North Entry Area Plan Overlay, the design of the development or use, and all appurtenant structures, is consistent with the goals, policies, objectives and design guidelines set forth in the North Entry Area Plan, as adopted by the Healdsburg City Council on May 20, 2019, as may be amended from time to time.

Within five days following the date of a planning commission decision on a major design review permit application, the secretary shall transmit to the City Council written notice of the decision. Approval of a major design review permit application shall become effective 10 days following the date on which the design review permit was granted by the planning commission or on the day following the next meeting of the Council, whichever is later, unless the decision has been appealed to the Council.

Approval of a minor design review application becomes effective 10 days from the date of action by the planning and building director, unless the decision has been appealed to the planning commission.

Design review approval is granted for 24 months. If within 24 months after the effective date, a building permit has not been issued for the design review project or, where a building permit is not required, construction of the improvement(s) has not commenced, the approval will automatically expire.

A maximum of one 12-month extension may be granted by the planning and building department director. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the design review approval shall lapse as of the expiration date.

The term of design review approval may be made to be concurrent with the term of an associated tentative subdivision map, conditional use permit or variance at the discretion of the planning commission.

In order to give the zoning district use regulations of this title the flexibility necessary to achieve the objectives of the land use code, in certain districts conditional uses are allowed, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the Land Use Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the zoning administrator and the planning commission are empowered to grant and to deny applications for use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of use permits, subject to the right of appeal to the City Council or to review by the Council.

A conditional use permit may not include or allow for variances to the regulations prescribed by this title for fences, walls, hedges, screening, landscaping; site area, width, frontage, depth and coverage; front, rear and side yards; basic floor area, usable open space, height of structures, distances between structures; signs; and off-street parking and loading facilities, for which variance procedures exist as prescribed in Article VI of this chapter.

A "master" conditional use permit may be used to provide for comprehensive review of conceptual development plans which include a mix of conditional and permitted uses. As established in HMC § 20.12.225, a master conditional use permit is required in the North Entry Area Plan Overlay and shall be subject to the procedures and requirements of this chapter as well as HMC § 20.12.230 and § 20.12.235. Applications for approval of a master conditional use permit shall be made pursuant to a form to be prescribed by the planning and building department and shall be processed in accordance with the procedures for a major conditional use permit as set forth in Chapter 20.28 HMC, Article III, General Administrative Procedures.

The following conditionally permitted uses are subject to review and action by the zoning administrator:

The planning commission shall review and act upon all conditionally permitted uses that are not subject to zoning administrator review.

Application for a conditional use permit may be made to the planning and building department on a form prescribed by the department and shall be accompanied by applicable fees as required by resolution of the City Council and all information and materials required by the department, including the following:

Additional information may be requested by the planning and building department in order to completely evaluate the proposed conditional use.

The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the commission to determine whether the proposed use will comply with each of the applicable provisions of this title.

A public hearing shall be held on a conditional use permit application by the planning commission or zoning administrator, as appropriate.

Following a public hearing, the planning commission or zoning administrator, as appropriate, may grant an application for a conditional use permit as the conditional use permit was applied for or in modified form, or the application may be denied.

A conditional use permit may be granted subject to such conditions as the commission or administrator may prescribe as necessary to make the findings required in HMC § 20.28.165. Conditions may include but shall not be limited to special yards, open spaces and buffers, fences and walls, installation and maintenance of landscaping, street dedications and improvements, regulations on the points of vehicular access, on-site traffic circulation, regulation of signs, hours of operations, methods of operation, control of nuisances, maintenance of buildings and grounds, prescriptions of development schedules, and periodic review by the commission or administrator.

The zoning administrator and planning commission, as appropriate, shall make the following findings before granting a conditional use permit:

In addition to the findings required by subsection (A) of this section, findings shall be made by the planning commission prior to granting a conditional use permit for any of the uses specified below:

A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year:

A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial conditional use permit application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the conditional use permit shall lapse as of the expiration date.

The zoning administrator or planning commission may grant or deny an application for renewal of a conditional use permit based on the standards and procedures set forth in this article.

A conditional use established prior to the enactment of this title shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed in the conditional use permit, if any.

Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted only upon the granting of a new or amended conditional use permit as prescribed in this title; provided, that a use permit shall not be required for accessory structures and incidental uses located on the same site as the existing conditional use.

A conditional use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire or other calamity, by act of God, or the public enemy to a greater extent than 50 percent.

The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made and shall be reviewed and approved by the planning and building director.

The city may conduct an investigation to ensure that the conditionally permitted use is being maintained and operated as applied for in compliance with all conditions.

Failure to operate in accordance with the conditions of the conditional use permit shall be the subject of an enforcement action and administrative civil penalties as provided for by HMC § 20.04.070 and/or grounds for setting the matter for a public hearing to consider revocation or modification of the permit. The election of administrative civil penalties shall in no way act as a waiver of the revocation of the permit. The city may also pursue any other option permitted by law to require compliance with the conditions of the permit.

A conditional use permit may be revoked or modified by the review authority that originally approved the permit (e.g., planning and building director, planning commission or City Council).

If as the result of an investigation it is determined that one or more of the circumstances contained in subsection (E) of this section applies to a conditional use permit granted in accordance with the provisions of this article, the review authority shall hold a public hearing to consider its revocation or modification. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:

Following a public hearing, the review authority may revoke or modify the conditional use permit after making one or more of the following findings:

The revocation of a conditional use permit shall have the effect of terminating the permit and denying the privileges granted by its approval.

Variances are permitted to prevent or lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the land use code as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimension of a site; from geographic, topographic, or other physical conditions on the site in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity.

Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.

The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the land use code is provided by the conditional use provisions of this title.

The zoning administrator may approve or conditionally approve minor variances to vary by a maximum of 50 percent from any dimensional standard established in this title.

The planning commission may approve or conditionally approve major variances to the following regulations prescribed in this Title: lot width, frontage, depth and coverage; front, rear and side yards; floor area coverage; minimum site area per dwelling unit (so long as General Plan densities are met); usable open space; height of structures; distances between structures; signs; and off-street parking and loading facilities.

Name, address, phone and fax number of the applicant.

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested.

Address or description of the property.

Statement of the precise nature of the variance requested and the practical difficulty or unnecessary hardship inconsistent with the objectives of the Land Use Code that would result from a strict or literal interpretation and enforcement of a specified regulation of this Title, together with any other data pertinent to the findings prerequisite to the granting of a variance.

The plans and drawings listed below. The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the Commission to determine whether the circumstances required for the granting of the variance exist:

Applicable fees as required by resolution of the City Council.

Variances may be granted as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator, as appropriate, makes findings of fact that establish that the circumstances prescribed below apply:

The following additional findings shall be made for applications for the following types of variances:

A variance shall lapse and shall become null and void when the building permit or permit issued authorizing occupancy of the site or structure which was the subject of the variance application lapses or expires.

A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial variance application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the variance approval shall lapse as of the expiration date.

Zoning Map changes may be initiated by a property owner or the authorized agent of the property owner filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.

Zoning Map changes may be initiated by resolution of the planning commission or by action of the City Council in the form of a request to the commission that it consider a proposed change.

A proposal for a change in district boundaries initiated by the planning commission and one initiated by a property owner for all or part of the same area may be considered simultaneously.

Changes to the text of the Land Use Code may be initiated by the City or may be requested by any member of the public.

A property owner desiring to propose a change in the boundaries of the district in which his or her property is located or an authorized agent may file with the planning commission an application for a change in district boundaries on a form prescribed by the commission which shall include the data listed below.

A property owner or member of the public desiring to propose an amendment to the text of the Land Use Code may file with the planning commission an application for a change in Land Use Code text on a form prescribed by the commission which shall include the data listed below.

The planning commission shall hold at least one public hearing on a proposed Zoning Map or Land Use Code amendment, with hearing notices given as prescribed in HMC § 20.28.080.

Within 45 days following the public hearing, the planning commission shall make a specific finding as to whether the amendment is consistent with objectives of the Land Use Code.

The commission shall transmit a report to the City Council recommending that the application be granted, granted in modified form, or denied or that the amendment be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the commission, or request of the City Council; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the commission.

Applications and Proposals for C Commercial Zoning. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C commercial, the planning commission may recommend the granting of the application as applied or in modified form or may propose the change in district boundaries only if, on the basis of the application and the evidence submitted, the commission makes findings of fact that establish that all of the following circumstances apply:

The City Council shall hold a public hearing on the application or proposal within 45 days after receipt of the resolution or report of the planning commission. At the public hearing, the Council shall review the application or the proposal and the resolution or report of the commission, and may receive additional evidence.

The Council shall make a specific finding as to whether the amendment is consistent with the General Plan and with the objectives of the Land Use Code. If the Council finds that the amendment is consistent, it shall enact an ordinance amending the Zoning Map or an ordinance amending the regulations of this Title, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application.

The Council shall not modify a decision of the commission until it has required and considered a report of the Commission on the modification. Failure of the commission to report within 30 days after receipt of the Council request shall be deemed concurrence with the modification.

Within one year, approval as required by Article IV, Design and Architectural Review.

Within two years, completion of construction and installation of at least one half of the building floor space and improvements shown on the approved plans and drawings.

Within five years, completion of construction and installation of all of the buildings and improvements shown on the approved plans and drawings.