The purpose of this article is to establish the provisions of the zoning ordinance that are common to all portions of Title 10, Chapter 3.

(§ 1, Ord. 917, eff. February 26, 1991)

The interpretation and application of the provisions of this chapter, unless otherwise stated, shall be held to be the minimum requirements necessary for the promotion and protection of the public health, safety, and general welfare of the Town.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Where conflicts occur between the regulations of this chapter and the General Plan, the Uniform Building Code, or other regulatory documents of the Town, State, or Federal Government, the more restrictive of any such regulations shall apply.

(b)

It is not intended that the provisions of this chapter shall interfere with, abrogate, or annul any easement, covenant, or other agreement in effect, provided, however, when the provisions of this chapter impose greater restrictions than imposed or required by other laws, rules, or regulations, or by easements, covenants, or agreements, the provisions of this chapter shall apply.

(§ 1, Ord. 917, eff. February 26, 1991)

All landscaping required by this chapter, or by conditions imposed as part of a discretionary approval made pursuant to this chapter, shall be installed along with an automatic irrigation system and shall be maintained in a healthy condition in accordance with approved landscaping plans. Any landscaping required by this chapter or by conditions imposed as part of a discretionary approval made pursuant to this chapter, and found by the Planning Director to not be adequately maintained, shall be considered a public nuisance.

(§ 1, Ord. 917, eff. February 26, 1991)

In the event of a major natural occurrence, such as a flood or earthquake, and after the Town Council has made a formal declaration of disaster, structures which have been damaged or destroyed as a direct result of the occurrence may be reconstructed substantially as they existed prior to the occurrence without the necessity of a variance, use permit, or other discretionary action. The Planning Director shall have the discretion to determine whether such reconstruction is in accordance with the intent of this section and shall require an approved variance, use permit, or other discretionary action when significant changes are proposed.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Application fees. A fee for planning applications in such amount as established by resolution of the Town Council shall be charged each applicant, which fee shall be paid at the time the application is first filed. The filing of the application shall not be deemed to have occurred, nor shall the application be considered complete, unless and until the fee is paid. These fees shall apply toward reimbursing the Town for its cost of processing said applications.

(b)

Retention of consultants to process planning applications. The Planning Director may determine that retention of a consultant is required to process the application for one or more of the following reasons: augmentation of the Town's professional capabilities during a peak workload period, or other critical period and/or to provide specialized or expert services not presently available within Town staff to process a complex and/or unique application. The cost of the administrative fees, as established by resolution of the Town Council, and consultant services will be paid by the property owner and shall become due and payable upon receipt of a bill therefor. The application may be placed on the agenda for denial by the Planning Commission if said fees are not paid in full. The application shall be signed by the owner(s) of the property.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Purpose and intent. The purpose of this article is to provide regulations and procedures for addressing existing uses and existing buildings and improvements which are not in conformance with provisions of this chapter as of the date of its adoption or amendment.

Nonconforming uses include those which are not permitted by the current District's land use regulations, but were permitted by previous provisions either in the same zoning district or another zoning district.

Nonconforming buildings and improvements typically include those which do not conform to the current district's development standards such as yard setback, building height, or maximum number of stories.

(b)

Nonconforming uses of land.

(1)

The lawful use of land existing at the time of the passage of Ordinance No. 190 and subsequent zoning ordinances, although such use does not conform to the provisions of this chapter, may be continued; provided, however, nonconforming business and industrial uses being operated on open land unimproved by any building may be continued for a period of not more than five (5) years after January 10, 1963.

(2)

If any nonconforming use is, or has been, abandoned, or is, or has been discontinued for a period of six (6) months or more, intentionally or unintentionally, the subsequent use of such land shall be in conformity with the provisions of this chapter.

(3)

Except as otherwise provided in this Code, the nonconforming use of land for outdoor display or sale of goods, wares, or merchandise, whether or not such land is improved by any building, shall cease and be unlawful from and after February 15, 1971, which period of time the Council finds is fair and reasonable to permit the transition from a nonconforming use to a use which conforms to the provisions of this Code.

(c)

Expansion of nonconforming uses.

(1)

Nonconforming uses shall not be expanded or intensified.

(2)

Buildings or improvements dedicated to nonconforming uses shall not be enlarged.

(d)

Nonconforming uses in districts established or changed in the future. The foregoing provisions of this article shall also apply to nonconforming uses in districts hereafter changed or established, and any time limit for the suspension of a nonconforming use of land shall date from the date of the enactment of this chapter or of any amendment of district boundaries which first created a nonconforming use or uses.

(e)

Nonconforming buildings and improvements.

(1)

Replacement of nonconforming buildings and improvements

(i)

If at any time any building or improvement in existence or maintained at the time of the adoption of this chapter, which building, structure, or improvement does not conform to the regulations for the district in which it is located, shall be either: (a) destroyed by fire, explosion, act of God, or act of the public enemy; or (b) demolished; or (c) fifty (50%) percent or more of the existing exterior walls of a structure above the foundation are demolished , then, and without further action of the Town Council, the building, structure, or improvement and the land on which the building or improvement was located or maintained, from and after the date of such destruction, demolition or removal shall be subject to all regulations of the district in which such land and/or building is located. The Planning Director may develop written guidelines for what is included in exterior wall demolition, which shall be measured in square feet and shall include the square feet of windows and doors that are removed.

(ii)

An exception to subsection (e)(1)(i) above is if the new building or improvement is a replacement in kind with no dimension, design or location changes beyond relocating the building or improvement from an existing zero-foot property line setback to a two-foot maximum setback for maintenance purposes and it can be shown that such building or improvement was erected either before applicable ordinances or with applicable Building permit and Planning approval.

(f)

Expansion of nonconforming buildings and improvements.

(1)

Any nonconforming building or improvement may be maintained, repaired, enlarged, extended, or structurally altered provided the enlargement or alteration complies with the use, setback, height, lot coverage and other site development requirements of the zone in which the structure is located, as well as other development regulations applicable to the area in which the structure is located and/or a permitted exemption listed in Section 10-3.405 Table 4B.

(§ 1, Ord. 917, eff. February 26, 1991, Ord. 1032, eff. February 11, 2003)

(Ord. No. 1069, 3-24-2009; Ord. No. 1150 § 2(Exh. 1), 9-22-2020; Ord. No. 1176, § 3, 4-25-2023)

No building permit, license, certificate, or other approval shall be issued or given by the Town or any department or employee thereof with respect to any improvement subject to zoning permit issuance until review of the improvement has been approved as provided in this chapter. No certificate of use and occupancy or similar approval shall be issued, given, or be considered valid for any improvement subject to zoning permit issuance hereunder unless and until the Planning Director has certified that the improvement has been completed in accordance with the zoning application approved pursuant to the provisions of this chapter.

(§ 1, Ord. 917, eff. February 26, 1991)

No member of the Planning Commission shall participate in the review of or vote upon the design of any zoning application in which he or she has a direct or indirect financial interest of any kind. The majority of the Town Council may appoint a temporary member to the Planning Commission to take the place of each member so disqualified during the Planning Commission's review of any application in which the regular member has any interest.

(§ 1, Ord. 917, eff. February 26, 1991)

(a)

Purpose. This section establishes uniform provisions for the regulation of nonconforming gas stations and is intended to:

(1)

Permit the continued operation of gas stations as a legal nonconforming use and detail the circumstances under which such use is deemed to have been abandoned;

(2)

Specify the modifications that can be made to a nonconforming gas station; and

(3)

Prohibit nonconforming gas stations from enlarging, increasing, extending, or moving any storage or dispensing infrastructure for gasoline, diesel, or any other fossil fuel.

(b)

Applicability.

(1)

This Section applies to all lawfully permitted, developed and operating gas stations in existence prior to the effective date of this ordinance.

(2)

This Section applies to all gas station uses not yet developed and/or operating but for which there is an approved and unexpired land use permit.

(c)

Prohibited Activities at a Nonconforming Gas Station. A nonconforming gas station can continue to be operated, transferred, sold, or modified only as follows:

(1)

Prohibited Activities. An owner and/or operator of a nonconforming gas station shall not:

a.

Enlarge, increase, extend, or move any fossil fuel storage or dispensing infrastructure existing prior to the effective date of this ordinance, except as provided herein or as required for compliance with state or federal law. Fossil fuel dispensing and storage infrastructure subject to this provision includes, but is not limited to structures, features, conveyances (e.g., pipelines, conduit, pumps, etc.) or other devices installed for the purpose of selling, storing, or dispensing a fossil fuel: or

b.

Relocate to any other parcel within the Town regardless of whether such parcel is located in the same zoning district as the existing use.

(d)

Permitted Modifications to Nonconforming Gas Stations.

(1)

Modifications to Improve or Protect Soil. Groundwater, Air, or Stormwater Quality. A nonconforming gas station shall be modified to conform to current or amended soil, groundwater, air, or stormwater quality regulations of a regulatory agency with authority to regulate such matters where that agency has ordered such modifications, or its regulations require such modifications. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the San Anselmo Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

(2)

Accommodating Zero-Emissions Vehicle Infrastructure. A nonconforming gas station may be modified to accommodate Zero Emission Fueling Stations, subject to compliance with the San Anselmo Municipal Code and other applicable laws.

(3)

Modifications to Site and Building Design. A nonconforming gas station may undergo building and site design modifications intended to improve or maintain the appearance of the station and the parcel on which it is located, such as building facade, sign, landscaping, and hardscape renovations. Such modifications shall be subject to all applicable procedures and permit requirements (e.g., design review) specified in the San Anselmo Municipal Code, including this Title. and shall not violate any of the limitations of Subsection C of this Section.

(4)

Modifications for Other Commercial Uses. A nonconforming gas station can be modified to accommodate any land use permitted in the zoning district within which the gas station is located, subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section.

(5)

Modifications Required by Law. A nonconforming gas station shall be modified as required by law to comply with building safety requirements, such as seismic retrofitting, access for persons with disabilities, and similar modifications protecting public, health, safety, and welfare. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the San Anselmo Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

(6)

Maintenance, Repair, and Replacement. A nonconforming gas station can undergo normal maintenance and repairs, including, painting, re-roofing, sign replacement. and similar activities subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title: and provided the activity does not violate any of the limitations of Subsection C of this Section. Fossil fuel dispensing equipment can be maintained, repaired, and replaced as necessary subject to all applicable standards and required permits specified in the San Anselmo Municipal Code, including this Title; and provided such actions do not violate any of the limitations of Subsection C of this Section.

(e)

Loss of Legal Nonconforming Status. Without any further action by the Town, a nonconforming gas station shall not retain the benefits of this Section and its owner and/or operator shall be conclusively presumed to have abandoned the gas station's legal nonconforming status if and when:

(1)

The nonconforming gas station ceases selling, storing, or dispensing fossil fuels for a continuous period of 180-days or more; or

(2)

The nonconforming gas station is converted to or replaced by a permitted, non-gas station use.

(f)

Removal of Abandoned Nonconforming Gas Station. The owner and/or operator of a nonconforming gas station that loses its legal nonconforming status pursuant to Subsection E of this Section shall be deemed to have abandoned the nonconforming gas station and the gas station's nonconforming status. Accordingly, an abandoned gas station shall be physically removed from its site. Physical removal of the gas station shall mean demolition of all fossil fuel sale, storage, and dispensing infrastructure, including the removal of underground storage tanks pursuant to all applicable demolition regulations of the Town and procedures and permits of all regulatory agencies with jurisdiction over gas stations. The physical removal of an abandoned gas station shall be completed within 180-days of abandonment of the use as determined by the Planning Director under the provisions of Subsection E of this Section.

(g)

Destruction of a Nonconforming Gas Station. A nonconforming gas station that is damaged or destroyed by any means may be restored or reconstructed as it existed immediately prior to being damaged or destroyed subject to the limitations of Subsections C and D of this Section. The restoration or reconstruction of a nonconforming gas station shall be completed, as confirmed by a final building inspection, within two (2) years of the date the gas station was damaged or destroyed. Failure to complete such restoration or reconstruction within the specified timeframe shall constitute abandonment of the nonconforming gas station.

(Ord. No. 1183, § 3, 12-12-2023)