Mountain View City Zoning Code
9 Expansions
and Nonconforming Lots, Structures and Uses
16.09.010 Intent and purpose.
Within the zone districts created by the adoption of this Chapter or amendments thereto, there may exist lots, structures, uses and signs which were legal prior to the adoption or amendment of this Chapter, but which under the terms of this Chapter or amendments thereto are now prohibited, restricted or regulated. Such nonconformities are incompatible with the principal permitted uses in the applicable zone district. It is the intent of this Article that these nonconformities not be enlarged, expanded or extended, nor be used as grounds for adding other uses or structures prohibited in the zone district, with certain limited exceptions as set forth in this Article. (Ord. 2019-07-08 §1)
16.09.020 Permits approved prior to enactment or amendment.
Any permit obtained prior to the enactment or amendment of this Chapter shall remain valid; provided, that construction pursuant to the permit commences within sixty (60) days of the issuance of the permit and is diligently carried to completion. (Ord. 2019-07-08 §1)
16.09.030 Single-family detached dwelling exclusion for nonconforming lots.
In any zone district in which single-family detached dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single nonconforming lot under the ownership of record which exists at the time of the adoption of this Chapter. Such a lot may have been in separate ownership and not of continuous frontage with other lots under the same ownership. This Section shall apply even though such lots fail to meet the area or width requirements of the zone district in which they are located; provided, however, that the minimum setbacks shall be met unless a variance has been granted by the Board of Adjustment and Appeals. (Ord. 2019-07-08 §1)
16.09.040 Nonconforming structures.
Where an existing structure, including accessory and other covered structures, other than a sign, with a replacement value of more than one thousand dollars ($1,000.00), does not comply with this Chapter because of lot area, lot coverage, setback requirements or the location of other structures on the lot, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:
(a) No such structure shall be enlarged or altered as to increase its nonconformity.
(1) Nonconforming structures may be altered to decrease the amount of nonconformity; provided, that any additions or alterations comply with this Chapter.
(2) Any portion of a nonconforming structure that currently conforms with the provisions of this Chapter may be altered or expanded. The proposed expansions must comply with all provisions of this Chapter.
(b) A nonconforming structure that has been involuntarily damaged in whole or in part by fire, flood, wind or other calamity may be restored to its original size and scope, provided such work is in compliance with all codes adopted under Chapter 18. Demolition shall be complete within six (6) months and restoration work shall be completed within eighteen (18) months of the demolition being deemed complete by the Building Official.
(c) The structure shall not be moved from its location at the time of adoption or amendment of this Chapter.
(d) Annual general maintenance costs shall not exceed ten percent (10%) of the value of replacement of the structure except fences shall be permitted to be maintained as stated in Section 16.02.030. (Ord. 2024-07-15D §5; Ord. 2019-07-08 §1)
16.09.045 Waiver of nonconforming status for certain structures.
(a) In enacting this Section, it is the Town Council’s intent to enhance the ability of property owners owning property with nonconforming residential structures used as living space, which structures predate certain changes to the Town’s zoning code that were enacted on July 23, 2001, to obtain loans and financing on their property in light of new stricter lending practices put in place in late 2008 and early 2009 while also honoring the spirit of the zoning requirements imposed by this Chapter.
(b) Upon a Board finding that each of the following criteria has been met, nonconforming residential structures shall be granted a waiver of their nonconforming status and shall become exempt from the restrictions imposed by Sections 16.09.040(b) and (d) regarding nonconforming structures:
(1) A complete application and the forty dollar ($40.00) application fee has been received by the Town on or before October 14, 2009;
(2) The property is currently zoned as residential (R-2 or R-3);
(3) The nonconforming residential structure is nonconforming under Section 16.09.040 only due to lot area, lot coverage, or setback requirements;
(4) The nonconforming residential structure predates July 23, 2001;
(5) The nonconforming residential structure has been deemed safe and habitable after inspection of it by the Town’s Building Inspector;
(6) The requirements of Sections 16.10.120(a)(4) through (a)(8) are met.
(c) Once a waiver has been granted according to this Section, the property shall be considered fully authorized and conforming under this Code, except that the provisions imposed by Sections 16.09.040(a) and (c) limiting the expansion or relocation of such structures shall continue to apply. (Ord. 2019-07-08 §1)
16.09.050 Nonconforming uses.
Except as otherwise provided in this Article, where an existing use would not be allowed in the zone district in which it is located under this Chapter, such nonconforming use may be continued if it remains otherwise lawful; provided, that:
(a) No structure dedicated to a nonconforming use shall be expanded, extended, constructed, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the zone district in which it is located.
(b) The nonconforming use may be extended throughout any parts of a building which were designed or arranged for such use prior to the adoption of this Chapter, but no such nonconforming use shall be extended to occupy any portion of the property outside of the building.
(c) The nonconforming use shall not be changed to any other nonconforming use.
(d) Any nonconforming use which is replaced with a conforming use may not revert back to the nonconforming use.
(e) When a nonconforming use is discontinued for one hundred twenty (120) days or more, any right to continue the nonconforming use is thereby forfeited.
(f) If a structure within which the nonconforming use exists is destroyed by any means, including neglect, to an extent of more than fifty percent (50%) of the replacement cost of said structure, it shall not be reconstructed except in compliance with this Chapter. (Ord. 2019-07-08 §1)
16.09.060 Nonconforming signs.
Any sign, except a billboard, which lawfully exists prior to the effective date of the ordinance adopting this Chapter or any amendment thereto, which is thereafter no longer in conformance with this Chapter, may be continued subject to the following provisions:
(a) Signs shall not be enlarged or altered so as to increase the nonconformity.
(b) Signs which are destroyed by any means, including neglect, to an extent of more than fifty percent (50%) of the replacement cost of said sign shall not be reconstructed except in compliance with this Chapter.
(c) Signs shall not be moved unless brought into compliance with this Chapter. (Ord. 2019-07-08 §1)
16.09.070 Nonconforming parking areas.
Adoption of parking regulations contained in this Chapter shall not be construed to require a change in the parking area improvements for any legal parking area which existed on the date of adoption of the ordinance codified in this Chapter, unless a change of use or alteration of fifty percent (50%) of the gross area of a structure is proposed. These regulations regarding nonconforming parking areas shall only apply to the R-3 and C-1 Zone Districts. See Section 16.06.060 for additional clarification.
(a) At such time as a change of use or alteration of fifty percent (50%) of the gross area of a structure is proposed and the existing parking areas do not comply with the requirements of this Chapter, a parking plan that conforms with the requirements of Section 16.04.050, 16.05.050, or 16.06.060 shall be submitted to the Town Administrator for approval prior to issuance of a building permit or certificate of occupancy. (Ord. 2019-07-08 §1)
16.09.080 Nonconforming landscape areas.
Adoption of landscape regulations contained in this Chapter shall not be construed to require a change in the landscaped improvements for any legal landscape area which existed on the date of adoption of the ordinance codified in this Chapter, unless and until an alteration of fifty percent (50%) of the gross area of a structure is proposed. These regulations regarding nonconforming landscape areas shall only apply to districts R-3 and C-1.
(a) At such time as an alteration of fifty percent (50%) of the gross area of a structure is proposed and the existing landscaping does not comply with the requirements of Section 16.06.044, a landscape plan that conforms with the requirements of this Chapter shall be submitted to the Town Administrator for approval prior to issuance of a building permit or certificate of occupancy. (Ord. 2019-07-08 §1)
16.09.010 Intent and purpose.
Within the zone districts created by the adoption of this Chapter or amendments thereto, there may exist lots, structures, uses and signs which were legal prior to the adoption or amendment of this Chapter, but which under the terms of this Chapter or amendments thereto are now prohibited, restricted or regulated. Such nonconformities are incompatible with the principal permitted uses in the applicable zone district. It is the intent of this Article that these nonconformities not be enlarged, expanded or extended, nor be used as grounds for adding other uses or structures prohibited in the zone district, with certain limited exceptions as set forth in this Article. (Ord. 2019-07-08 §1)
16.09.020 Permits approved prior to enactment or amendment.
Any permit obtained prior to the enactment or amendment of this Chapter shall remain valid; provided, that construction pursuant to the permit commences within sixty (60) days of the issuance of the permit and is diligently carried to completion. (Ord. 2019-07-08 §1)
16.09.030 Single-family detached dwelling exclusion for nonconforming lots.
In any zone district in which single-family detached dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single nonconforming lot under the ownership of record which exists at the time of the adoption of this Chapter. Such a lot may have been in separate ownership and not of continuous frontage with other lots under the same ownership. This Section shall apply even though such lots fail to meet the area or width requirements of the zone district in which they are located; provided, however, that the minimum setbacks shall be met unless a variance has been granted by the Board of Adjustment and Appeals. (Ord. 2019-07-08 §1)
16.09.040 Nonconforming structures.
Where an existing structure, including accessory and other covered structures, other than a sign, with a replacement value of more than one thousand dollars ($1,000.00), does not comply with this Chapter because of lot area, lot coverage, setback requirements or the location of other structures on the lot, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:
(a) No such structure shall be enlarged or altered as to increase its nonconformity.
(1) Nonconforming structures may be altered to decrease the amount of nonconformity; provided, that any additions or alterations comply with this Chapter.
(2) Any portion of a nonconforming structure that currently conforms with the provisions of this Chapter may be altered or expanded. The proposed expansions must comply with all provisions of this Chapter.
(b) A nonconforming structure that has been involuntarily damaged in whole or in part by fire, flood, wind or other calamity may be restored to its original size and scope, provided such work is in compliance with all codes adopted under Chapter 18. Demolition shall be complete within six (6) months and restoration work shall be completed within eighteen (18) months of the demolition being deemed complete by the Building Official.
(c) The structure shall not be moved from its location at the time of adoption or amendment of this Chapter.
(d) Annual general maintenance costs shall not exceed ten percent (10%) of the value of replacement of the structure except fences shall be permitted to be maintained as stated in Section 16.02.030. (Ord. 2024-07-15D §5; Ord. 2019-07-08 §1)
16.09.045 Waiver of nonconforming status for certain structures.
(a) In enacting this Section, it is the Town Council’s intent to enhance the ability of property owners owning property with nonconforming residential structures used as living space, which structures predate certain changes to the Town’s zoning code that were enacted on July 23, 2001, to obtain loans and financing on their property in light of new stricter lending practices put in place in late 2008 and early 2009 while also honoring the spirit of the zoning requirements imposed by this Chapter.
(b) Upon a Board finding that each of the following criteria has been met, nonconforming residential structures shall be granted a waiver of their nonconforming status and shall become exempt from the restrictions imposed by Sections 16.09.040(b) and (d) regarding nonconforming structures:
(1) A complete application and the forty dollar ($40.00) application fee has been received by the Town on or before October 14, 2009;
(2) The property is currently zoned as residential (R-2 or R-3);
(3) The nonconforming residential structure is nonconforming under Section 16.09.040 only due to lot area, lot coverage, or setback requirements;
(4) The nonconforming residential structure predates July 23, 2001;
(5) The nonconforming residential structure has been deemed safe and habitable after inspection of it by the Town’s Building Inspector;
(6) The requirements of Sections 16.10.120(a)(4) through (a)(8) are met.
(c) Once a waiver has been granted according to this Section, the property shall be considered fully authorized and conforming under this Code, except that the provisions imposed by Sections 16.09.040(a) and (c) limiting the expansion or relocation of such structures shall continue to apply. (Ord. 2019-07-08 §1)
16.09.050 Nonconforming uses.
Except as otherwise provided in this Article, where an existing use would not be allowed in the zone district in which it is located under this Chapter, such nonconforming use may be continued if it remains otherwise lawful; provided, that:
(a) No structure dedicated to a nonconforming use shall be expanded, extended, constructed, reconstructed, moved or structurally altered except to change the use of the structure to a use permitted in the zone district in which it is located.
(b) The nonconforming use may be extended throughout any parts of a building which were designed or arranged for such use prior to the adoption of this Chapter, but no such nonconforming use shall be extended to occupy any portion of the property outside of the building.
(c) The nonconforming use shall not be changed to any other nonconforming use.
(d) Any nonconforming use which is replaced with a conforming use may not revert back to the nonconforming use.
(e) When a nonconforming use is discontinued for one hundred twenty (120) days or more, any right to continue the nonconforming use is thereby forfeited.
(f) If a structure within which the nonconforming use exists is destroyed by any means, including neglect, to an extent of more than fifty percent (50%) of the replacement cost of said structure, it shall not be reconstructed except in compliance with this Chapter. (Ord. 2019-07-08 §1)
16.09.060 Nonconforming signs.
Any sign, except a billboard, which lawfully exists prior to the effective date of the ordinance adopting this Chapter or any amendment thereto, which is thereafter no longer in conformance with this Chapter, may be continued subject to the following provisions:
(a) Signs shall not be enlarged or altered so as to increase the nonconformity.
(b) Signs which are destroyed by any means, including neglect, to an extent of more than fifty percent (50%) of the replacement cost of said sign shall not be reconstructed except in compliance with this Chapter.
(c) Signs shall not be moved unless brought into compliance with this Chapter. (Ord. 2019-07-08 §1)
16.09.070 Nonconforming parking areas.
Adoption of parking regulations contained in this Chapter shall not be construed to require a change in the parking area improvements for any legal parking area which existed on the date of adoption of the ordinance codified in this Chapter, unless a change of use or alteration of fifty percent (50%) of the gross area of a structure is proposed. These regulations regarding nonconforming parking areas shall only apply to the R-3 and C-1 Zone Districts. See Section 16.06.060 for additional clarification.
(a) At such time as a change of use or alteration of fifty percent (50%) of the gross area of a structure is proposed and the existing parking areas do not comply with the requirements of this Chapter, a parking plan that conforms with the requirements of Section 16.04.050, 16.05.050, or 16.06.060 shall be submitted to the Town Administrator for approval prior to issuance of a building permit or certificate of occupancy. (Ord. 2019-07-08 §1)
16.09.080 Nonconforming landscape areas.
Adoption of landscape regulations contained in this Chapter shall not be construed to require a change in the landscaped improvements for any legal landscape area which existed on the date of adoption of the ordinance codified in this Chapter, unless and until an alteration of fifty percent (50%) of the gross area of a structure is proposed. These regulations regarding nonconforming landscape areas shall only apply to districts R-3 and C-1.
(a) At such time as an alteration of fifty percent (50%) of the gross area of a structure is proposed and the existing landscaping does not comply with the requirements of Section 16.06.044, a landscape plan that conforms with the requirements of this Chapter shall be submitted to the Town Administrator for approval prior to issuance of a building permit or certificate of occupancy. (Ord. 2019-07-08 §1)