Pleasanton City Zoning Code
CHAPTER 18
120 NONCONFORMING USES
§ 18.120.010 Purpose.
This chapter is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and the alteration or restoration after destruction of the structures they occupy. While permitting the use and maintenance of nonconforming structures and signs, this chapter 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 chapter 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.
(Prior code § 2-10.32)
§ 18.120.020 Continuation and maintenance.
A.
A use, lawfully occupying a structure or a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the 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 chapter.
B.
A structure, lawfully occupying a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the standards for front yard, side yards, rear yard, height, or basic floor area of structures, distances between structures, courts, or usable open space for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as otherwise provided in this chapter.
C.
A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on the effective date of the ordinance codified in this chapter, or of amendments thereto, that does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for signs, 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 chapter.
D.
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.
(Prior code § 2-10.33)
§ 18.120.030 Alteration and addition.
A.
No structures, 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 a structure housing a nonconforming residential use in an A, R, O, MU or C district may be altered or enlarged, provided that the number of dwelling units is not increased.
B.
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 space occupied by the nonconforming use, except as permitted in this section.
C.
No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of the ordinance codified in this chapter, or of the amendments 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.
D.
No nonconforming structure shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for 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. No nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yard, side yards, rear yard, height of structures, basic floor area, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.
E.
The nonconforming use of a structure or site shall not be changed to another nonconforming use.
F.
No use which fails to meet the required conditions for the district in which it is located by reason of noise, emissions, odor, vibration, heat, cold, glare, electrical disturbance, radiation, insect nuisance, or waste disposal, shall be enlarged or extended or shall have equipment that results in failure to meet required conditions replaced unless the enlargement, extension or replacement will result in elimination of nonconformity with required conditions.
(Prior code § 2-10.34; Ord. 2194 § 2, 2019)
§ 18.120.040 Abandonment of nonconforming use.
Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days or more, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located; provided, that this section shall not apply to nonconforming dwelling units. Abandonment or discontinuance shall include cessation of a use regardless of intent to resume the use. This 90-day provision shall not apply to a tenant where an exception to the active ground-floor use overlay within the downtown specific plan area has been granted, and therefore once the use for which the exception was granted is abandoned or discontinued, a new use shall meet the requirements of the active ground-floor use overlay, unless another exception is granted.
(Prior code § 2-10.35; Ord. 2194 § 2, 2019)
§ 18.120.050 Restoration of damaged structure or sign.
A.
Whenever a structure or sign which does not comply with the standards for 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, or in the case of signs, with any of the requirements of Chapter 18.96 of this title, 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 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 restoration is started within one year and diligently pursued to completion.
B.
Whenever a structure which does not comply with the standards for front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in any 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 act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, 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.
C.
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 shall be reviewed and approved by the community development director.
(Prior code § 2-10.36; Ord. 2000 § 1, 2009)
§ 18.120.060 Elimination of nonconforming use, structure or sign.
Nonconforming uses, structures and signs listed in Table 18.120.060 shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time after they become nonconforming.
Table 18.120.060 REMOVAL OR ALTERATION OF NONCONFORMING USE | |
|---|---|
Removal or Alteration Required | Maximum Time Permitted for Removal or Alteration After Use Becomes Nonconforming |
Removal or alteration of a nonconforming fence, wall, or hedge | 1 year |
Removal of a nonconforming business or advertising sign or structure in an R district | 1 year |
Removal of a nonconforming sign painted on a wall | 1 year |
Removal or alteration of a sign having nonconforming lighting or movement | 1 year |
Removal of a nonconforming advertising sign or structure in an A, O, C, I, Q, P, S or PUD district | 2 years |
Removal of a nonconforming use | * |
Compliance with the conditional use permit provisions of Chapter 18.124 of this title for an existing nonconforming use without a conditional use permit if required by the zoning district in which the use is located. | * |
Compliance with screening and landscaping provisions of Chapter 18.84 of this title for district in which use is located, provided that removal or alteration of a nonconforming structure having an assessed valuation of $500.00 or more shall not be required | 3 years |
3 years | |
Compliance with the noise, emissions, odor, vibration, heat and cold, glare, electrical disturbance, radiation, insect nuisance, and waste disposal requirements for the district in which a permitted use or a preexisting conditional use is located | 3 years |
Compliance with the noise, emissions, odor, vibration, heat, cold, glare, electrical disturbance, radiation, insect nuisance, and waste disposal requirements for the districts in which a nonconforming use is a permitted use or a conditional use, provided that a nonconforming use permitted only in an I district shall comply with the requirements for the I-P district | 3 years |
Removal or alteration of a nonconforming structure having an assessed valuation of less than $500.00 | 5 years |
Removal or alteration of skateboard ramps existing on February 7, 1986, in an R district. If an existing skate board ramp is altered or is approved by a conditional use permit prior to February 7, 1991, the skateboard ramp shall conform with the requirements of this section. | 5 years |
Notes: |
|---|
* Maximum time permitted shall be determined on a case-by-case basis by the city council at a public hearing held in compliance with Section 18.12.040 of this title. The zoning administrator shall deter mine which nonconforming uses are to be submitted to the city council for review. The zoning administrator shall base his or her decision on complaints received from the public, and/or after determining that the nonconforming use is a threat to the public health, safety, or general welfare, or materially injurious to the properties or improvements in the vicinity. |
(Prior code § 2-10.37; Ord. 1238 § 2, 1985; Ord. 1626 § 1, 1994)
§ 18.120.070 Time when use, structure or sign becomes nonconforming.
Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which it is located, the period of time prescribed in this chapter for the elimination of the use or the removal of the structure or sign shall be computed from the effective date of the change of district boundaries or regulations.
(Prior code § 2-10.38)
§ 18.120.080 Notice of removal date.
The zoning administrator shall determine the existence of nonconforming uses listed in Section 18.120.060 of this chapter, and shall promptly notify the owner of each nonconforming use, structure or sign by certified or registered mail of the date by which compliance with the provisions of Section 18.120.060 will be required. Notification shall precede the date by which elimination is required by not less than the periods prescribed in Section 18.120.060.
(Prior code § 2-10.39)