To permit the continued operation of existing uses and structures which do not otherwise conform to the provisions of this article to allow for limited repair, maintenance and alterations of nonconforming structures; to guard against such uses becoming a threat to more appropriate development; and to provide for the eventual elimination of those uses likely to be most objectionable to their neighbors.

(Ord. 1130.329 § 18, eff. 4-26-04)

A nonconforming lot or parcel may be used for development subject to compliance with all other provisions of this article and other applicable codes. A nonconforming lot may not be further reduced in area or dimension, except by variance.

(Ord. 1130.329 § 18, eff. 4-26-04)

Except as otherwise provided in this article, any nonconforming use may be continued even though such use does not conform to the provisions of this article for the district in which it is located. No use established in violation of any zoning article previously in effect shall be continued unless such use subsequently comes into conformity with the provisions of this article.

(Ord. 1130.329 § 18, eff. 4-26-04)

Any nonconforming use which is listed as a conditional use in the district in which it is located, shall be and remain a nonconforming use until a Use Permit is obtained, except as provided in Section 42.10.

(Ord. 1130.329 § 18, eff. 4-26-04)

A nonconforming use shall not be expanded unless a Use Permit is granted for such expansion. A nonconforming use shall not be expanded to displace a conforming use. To grant such a Use Permit, the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that at least one of the following three circumstances exist:

A.

The resultant use and/or project design will not create new adverse impacts on adjacent properties and/or on the general public;

B.

The resultant use and/or project design will help preserve a historic resource; or

C.

The expansion of the use or the enlargement of a structure housing a nonconforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including but not limited to regulations for disabled access or seismic retrofit.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-384, § 4(Exh. A), 4-12-21)

A nonconforming use shall not be changed to, or substituted for, another nonconforming use unless a Use Permit is granted for such change or substitution. To grant such a Use Permit the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that the resultant use will be more consistent with the uses permitted in the district than the former use.

(Ord. 1130.329 § 18, eff. 4-26-04)

When a nonconforming use has been changed to a conforming use, the nonconforming use shall not be re-established thereafter.

(Ord. 1130.329 § 18, eff. 4-26-04)

A.

A nonconforming use shall not be re-established in any structure in a residential zoning district if such nonconforming use has ceased for a six (6) consecutive month period.

B.

A nonconforming use shall not be re-established in any structure in a nonresidential zoning district if such nonconforming use has ceased for a twelve (12) consecutive month period.

C.

A nonconforming use shall not be re-established in any structure in a mixed-use zoning district if such nonconforming use has ceased for a six (6) consecutive month period.

D.

In the event of a nonconforming use of land not involving any structure other than fences and structures or buildings of less than four hundred (400) square feet in area, the nonconforming use shall not be re-established if such nonconforming use has ceased for a period of ninety (90) consecutive days.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-353, § 1(Exh. D), 6-27-11)

Except as otherwise provided in this article, any structure lawfully existing at the time of enactment of this article or any amendment thereto, or at the time of inclusion of such structure within the City, may be continued even though such structure does not conform to the provisions of this article for the district in which it is located. Any structure which was constructed in violation of any zoning ordinance previously in effect shall be removed or modified to conform to the provisions of this article.

(Ord. 1130.329 § 18, eff. 4-26-04)

A.

A nonconforming structure being used for a nonconforming use shall not be enlarged or altered unless a Use Permit is granted for such changes and the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site. To grant such a Use Permit, the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that at least one of the following three circumstances exist:

1.

The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public;

2.

The resultant use and/or project design will help preserve a historic resource; or

3.

The expansion of the use or the enlargement of a structure housing a nonconforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including but not limited to regulations for disabled access or seismic retrofit.

B.

A nonconforming structure being used for a conforming use may be enlarged if the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-384, § 4(Exh. A), 4-12-21)

A nonconforming structure may be structurally altered, provided that:

A.

For single-family, two-family (duplex), and three-family (triplex) residential structures, no more than seventy percent (70%) of the existing exterior walls, measured in linear feet, per residential unit may be removed or structurally altered unless the entire structure is brought into compliance with zoning requirements;

B.

For all other structures, no more than seventy percent (70%) of the existing exterior walls, measured in linear feet, may be removed or structurally altered unless the entire structure is brought into compliance with zoning requirements. Calculations shall not include garage floor area, but shall include all cumulative repair, maintenance and alterations over any five-year period;

C.

The foregoing limitations may be exceeded with respect to repairs or alterations to single-family, two-family (duplex) and three-family (triplex) structures which are nonconforming only as to parking requirements, subject to the provisions of Sections 33.16 and 33.17 of this Article;

D.

Existing nonconforming accessory structures may be repaired, reconstructed, or converted into accessory dwelling units, provided that there is no increase in the nonconformity caused or created by such structure.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-378, § 3(Exh. A), 8-26-19; Ord. No. 1130-384, § 4(Exh. A), 4-12-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Editor's note— Ord. No. 1130-384, § 4(Exh. A), adopted Apr., 12, 2021, amended the title of § 33.11 to read as herein set out. The former § 33.11 title pertained to Repair of Nonconforming Structures.

Notwithstanding the foregoing, any nonconforming structure destroyed or damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of nature, shall not be reconstructed except upon complying with all provisions of this article applicable to the district where the structure is located, except as follows:

A.

If occupied by a conforming use, the structure may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one (1) year after destruction, and so long thereafter as the building permit remains valid;

B.

If occupied by a nonconforming residential use, the structure may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one (1) year after destruction and so long thereafter as the building permit remains valid;

C.

If occupied by a nonconforming nonresidential use, a nonconforming structure damaged to the extent of one-half (½) of its current replacement cost or less may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one (1) year after destruction and so long thereafter as the building permit remains valid. In the event damage occurs to the extent of more than one-half (½) the current replacement cost, the structure shall not be reconstructed except upon complying with all the provisions of this article applicable to the district in which the structure is located. Current replacement cost means the present day cost to rebuild the entire structure, and shall be determined by the Zoning Administrator;

D.

For purposes of this section, "same size and extent" means with respect to floor area, setbacks, coverage, height, and residential density of the original structure.

(Ord. 1130.329 § 18, eff. 4-26-04)

Any nonconforming structure demolished, destroyed or damaged by means other than those listed in the prior Section 33.12 shall not be reconstructed except upon complying with all provisions of this article applicable to the district in which the structure is located, except where all of the following circumstances exist:

A.

The structure houses a conforming use;

B.

The structure is replaced or reconstructed to the same or a lesser size and extent as the original structure; and

C.

A Use Permit is granted, and the Zoning Administrator finds, in addition to the findings required by Section 42.3, that compliance with current standards is impractical and that the proposed reconstruction will conform to current standards to the greatest extent practical.

(Ord. 1130.329 § 18, eff. 4-26-04)

The provisions of this article shall not be construed to preclude the repair or alteration of any part of any structure declared to be unsafe by the Building Official when such repairs or alterations are for the purpose of restoring the structure to a safe condition.

(Ord. 1130.329 § 18, eff. 4-26-04)

The provisions of this article shall not be construed to preclude the completion of any structure upon which lawful construction has begun prior to the time of enactment of this article or any amendment thereto, or prior to the time of inclusion in the City.

(Ord. 1130.329 § 18, eff. 4-26-04)

A.

A residential use or structure that is nonconforming due to the number of parking spaces may be enlarged, provided that the following conditions are met:

1.

The addition does not result in a reduction in the number of existing parking spaces; and

2.

Parking is provided, at the ratio defined in Article 30, for new dwelling units added in the project (excluding accessory dwelling units).

B.

A residential use or structure that is nonconforming due only to the size or location of parking spaces (but has an adequate number of spaces), and/or the size and location of its garage or carport (or related design criteria for driveway access or parking backup area), may be enlarged, provided:

1.

The addition does not occupy existing available parking area;

2.

Any driveway meets the standards of Section 30.9 (Access Drives); and parking access and backup constraints do not prohibit use of the existing spaces.

C.

Accessory dwelling units are not subject to this Section.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-369, § 4, 4-24-17; Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)

Editor's note— Ord. No. 1130-386, § 4(Exh. A), adopted July 24, 2023, amended the title of § 33.16 to read as herein set out. The former § 33.16 title pertained to nonconforming parking—single-family residential.

Editor's note— Ord. No. 1130-386, § 4(Exh. A), adopted July 24, 2023, repealed §§ 33.17 and 33.18, which pertained to nonconforming parking—two-family (duplex) and three-family (triplex) residential, and nonconforming parking—multi-family residential, and derived from Ord. No. 1130.329 § 18, effective Apr. 26, 2004; and Ord. No. 1130-385, § 3(Exh. A), adopted Sept. 13, 2021.

Any nonresidential use or structure that is nonconforming due to the number, size or location of parking spaces (or related design criteria for driveway access or parking backup area) may be expanded or enlarged only upon approval of a Use Permit. To grant such a Use Permit, the Zoning Administrator must find the following, in addition to the findings required by Section 42.3:

A.

Additional floor area or other site development does not occupy existing available parking area;

B.

Adverse parking impacts on adjacent properties will not result; and

C.

Parking is provided for any additional floor area or other expansion in compliance with this article.

(Ord. 1130.329 § 18, eff. 4-26-04)

(Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

In the event that more than one nonconforming provision is applicable to a site, all relevant provisions in combination shall be applied, unless otherwise specified.

(Ord. 1130.329 § 18, eff. 4-26-04)

In the event that the provisions of this article are unclear as to whether a particular change, repair, alteration, expansion, enlargement, or reconstruction of a nonconforming use or structure or parking may be permitted, the Zoning Administrator may require a Use Permit, including such additional findings as outlined in this article that may be applicable to the proposed use or construction.

(Ord. 1130.329 § 18, eff. 4-26-04)

Nothing in this article shall be deemed to allow the use, change in use, repair, alteration, expansion, enlargement, or reconstruction of an illegal use or structure. Any such illegal use shall be discontinued and any such illegal structure shall be removed.

(Ord. 1130.329 § 18, eff. 4-26-04)

In addition to the requirements specified in this article, any change in use, repair, alteration, expansion, enlargement, or reconstruction of a nonconforming use or a nonconforming structure shall comply with any applicable regulations of the Building Department and the Fire Department.

(Ord. 1130.329 § 18, eff. 4-26-04)

The provisions of this article do not apply to signs. Signs are regulated by Chapter 3 of the City of Redwood City's Municipal Code.

(Ord. 1130.329 § 18, eff. 4-26-04)

Except as otherwise noted in this Article, a structure with nonconforming residential density may be enlarged if the new portion conforms to the regulations of the district in which it is located.

(Ord. No. 1130-386, § 4(Exh. A), 7-24-23)