A. Modifications to Nonconforming Uses and Structures. A nonconforming use or structure shall not be enlarged, extended, or moved to a different portion of the lot or parcel of land occupied by such use, except that a nonconforming structure may be reconstructed in such a way as to make it conforming, and residential and accessory structures located in appropriate residential districts which have nonconforming setbacks may be altered or added to; provided, that such alterations and additions would not result in a greater nonconformity of setbacks; and provided further, that minimum setbacks of 10 feet are maintained for a principal structure’s front and rear setbacks, three feet for a principal structure’s side setback, and three feet side and rear setbacks for accessory structures, including telecommunications facilities (except for exempt facilities).

B. Modifications to Nonconforming Structures and Accessory Dwelling Unit Conversions. A nonconforming structure that will be converted to an accessory dwelling unit may be reconstructed to occupy the same location, building footprint, and height as the existing structure. A conversion or reconstruction for the purposes of creating a new accessory dwelling unit that is proposing expansion to a nonconforming structure, such as a second story, must provide setbacks of no less than four feet from the side and rear lot lines.

C. Change of Use. No nonconforming use shall be changed to another nonconforming use without approval by the planning commission and then only to a use which, in the opinion of the commission, is of the same or of a more restricted nature.

D. Discontinuation of a Nonconforming Use of a Structure. A nonconforming use of a structure shall not be re-established if such use has been discontinued for a period of 12 months or more, or has been changed to, or replaced by, a conforming use. Intent to resume use of a nonconforming structure shall not confer the right to do so.

E. Discontinuation of a Nonconforming Use of Land. A nonconforming use of land, not involving a structure other than fences, signs, and buildings less than 400 square feet in area, shall not be re-established if such use of land has been discontinued for a period of three months or more, or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use of land shall not confer the right to do so.

F. Damage to a Nonconforming Structure. A nonconforming structure which is damaged by fire, flood, or act of God to an extent exceeding 50 percent of its value, as determined by a methodology based on comparable neighborhood values as approved by the director, shall not be restored or reconstructed except in such a manner and for such a use as will conform to the regulations for the district in which it is situated.

G. Maintenance and Repair. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or structure or the carrying out upon the issuance of a building permit of 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. (Ord. 2764 § 3 (Exh. A), 2021; Ord. 2738 § 6, 2020; Ord. 2711 § 6, 2020.)

A. Purpose. To support implementation of General Plan Policy 4-P-10 through regulations that:

B. Applicability. This section applies to:

C. Modifications to Fueling Stations/Gas Station Uses, Generally. Except as provided below, fueling station/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 zoning administrator, 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).

D. Modifications to Improve Soil, Ground Water and Storm Water Quality. Fueling station/gas station uses may be modified to conform to current storm water quality control regulations or remediate contamination of the soil or ground water.

E. 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 fueling station/gas station use may be modified to improve public safety.

F. Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fueling station/gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. Pursuant to Government Code Section 65850.7, this Zoning Ordinance requires no permit for battery charging stations.

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

H. Modifications for Commercial Uses Other Than Fossil Fuel Sales. Fueling station/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.

I. Discontinuation of a Fueling Station/Gas Station Use or Structure. A fueling station/gas station use shall not be re-established if such use has been discontinued for a continuous period of 12 months 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 12-month time frame when presented with documentation demonstrating construction has been pursued diligently and timely.

J. Applicability of Section 22.030 Requirements to Fueling Station/Gas Station Uses and Structures. Sections 22.030(C), (F) and (G) also apply to fueling station/gas station uses and structures regulated pursuant to this section. The requirements of Sections 22.030(A), (B), (D) and (E) do not apply to fueling station/gas station uses and structures regulated pursuant to this section. (Ord. 2764 § 3 (Exh. A), 2021.)

A. Any use which is nonconforming at the time of the adoption of the ordinance codified in this chapter by reason of noncompliance with performance standards established in Chapter 21 shall adopt measures necessary to conform therewith within five years of the adoption of the ordinance codified in this chapter.

B. Any use which is nonconforming by reason of failure to secure a use permit shall be subject to the regulations of Section 22.030 until such time as a use permit is secured. (Ord. 2764 § 3 (Exh. A), 2021.)