San Bruno City Zoning Code
CHAPTER 12
92 NONCONFORMING LOTS, STRUCTURES AND USES
§ 12.92.010 Intent and applicability.
A.
Intent. The purpose of this chapter is to provide for lots, uses and structures which are, or become, nonconforming with the standards of this code, to specify the conditions under which nonconformities may continue, and to regulate this expansion.
B.
Applicability. The provisions of this chapter shall apply to all lots, uses and structures which do not meet the standards of the current zoning regulations and, as such, are nonconforming. The lawful use of a building, structure, or land refers to any use conforming to the zoning regulations of the city which were in force when such use was commenced.
C.
Buildings and Uses in Violation of Other Zoning Laws. The provisions of this chapter shall not apply to any use or structures established in violation of any zoning regulation previously in effect, whether in the city, the county or such other governmental agency having the jurisdiction to enact and enforce zoning laws.
(Prior code § 27-6.1; Ord. 1410 § 1, 1982; Ord. 1877A § 3, 2020; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.92.020 Continuance of nonconformities.
The lawful use of land or structures which existed on January 13, 1962 may continue, although such use does not conform to the regulations specified for the district in which the use is located. The following shall apply:
A.
Nonconforming Uses of Land. All uses which are not listed as permitted in the district in which such use is being conducted and all uses which, if presently initiated, would require a conditional use permit but which do not have such a use permit in force, shall be deemed nonconforming uses. Such uses shall be deemed lawful nonconforming uses if they comply with all laws in existence at the time the use commenced, and the following provisions apply:
1.
No nonconforming use shall be expanded.
2.
No nonconforming use may be changed to a different nonconforming use.
3.
If a nonconforming use is discontinued for a period of six months, such nonconforming use shall not be reestablished. However, if cessation of the building, use, or operations within are caused by circumstances over which the owner has no fault or control (such as the default or bankruptcy of a tenant or injunctive order of a court), the time limits of this section may be extended. Applications for such extensions shall be made to the community development director in writing before the expiration of the six-month period.
a.
Coronavirus Pandemic Extension. If a nonconforming use has been discontinued between January 1, 2020 and May 1, 2021, the six-month period in subsection (A)(1) above shall be tolled and shall not begin to run until May 1, 2021.
B.
Nonconforming Uses of Conforming Structures.
1.
The lawful nonconforming use of a conforming structure may be continued when such use does not conform to the regulations set forth in the current zoning district in which the structure is located.
2.
A nonconforming use may not be extended to occupy a greater area within any conforming structure than the area currently occupied.
3.
The nonconforming use of a conforming structure may be changed to a use of a similar or more conforming nature, provided a conditional use permit shall first be obtained.
4.
If such nonconforming use ceases for a continuous period of six months, the subsequent use of such conforming structures shall be in conformity with the zoning regulations and General Plan designations for the district in which said building is located. The extension made available by subsection (A)(3)(a) shall also apply to nonconforming uses of conforming structures.
5.
A nonconforming use damaged by fire, flood, earthquake, or other disaster, to an extent of more than fifty percent of the value of the building, may be restored subject to obtaining a use permit. The monetary extent of the damage shall be determined by a certified real estate appraiser hired by the property owner and approved by the community development director. Where the damage, as described above, to a building or structure housing a nonconforming use does not exceed fifty percent, such building or structure may be restored to a total floor area not exceeding that of the former building or structure, and the nonconforming use may be reestablished.
C.
Nonconforming Structures. All structures, including, but not limited to, main buildings, accessory buildings, walls, fences, which do not meet the setback standards set forth in the development regulations for the district within which the structure is located and any residential structure in a commercial or industrial district shall be deemed nonconforming but lawful, and the following provisions shall apply:
1.
No physical change, enlargement, extension or remodeling which increases the extent of nonconformity shall be made without first securing a conditional use permit.
2.
A physical change, enlargement, or extension or remodeling that does not increase the nonconformity may be made, as with a conforming structure, by securing the required building permits. The decision that the structural alteration will (or will not) increase the nonconformity shall be made in the plan check process by the community development director or designee. Decisions may be appealed to the commission as set forth in Chapter 12.78.
3.
A nonconforming structure, damaged by fire, explosion, flood, earthquake or other act, to an extent of more than fifty percent of the market value as determined by a certified real estate appraiser hired by the property owner and approved by the community development director, may be restored subject to obtaining a use permit.
4.
Where the damage, as described in subsection (C)(3), to a nonconforming structure does not extend fifty percent, such building may be restored to a total floor area not exceeding that of a former structure.
(Prior code § 27-6.2; Ord. 1410 § 1, 1982; Ord. 1877A § 3, 2020; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.92.030 Excess housekeeping units in residential districts.
A.
Excess Housekeeping Units Deemed to Be Nonconforming Uses.
1.
A single excess housekeeping unit on a residential lot shall be deemed to be a legal nonconforming use of a building or structure under the following conditions and subject to the limitations of this section:
a.
The unit was built, constructed, or added prior to June 30, 1977;
b.
The unit is in compliance with the provisions of this code, other than zoning regulations, which were in force when the unit was built, constructed, or added;
c.
The unit does not constitute a public nuisance, as defined in Title 5 of this code.
2.
In any action, proceeding or determination as to whether a unit was built, constructed, or added prior to June 30, 1977, the burden of proof shall be upon the property owner, occupant or other persons asserting the legal nonconforming status of the unit.
3.
The owner or occupant of any excess housekeeping unit, or the authorized agent of such person, may apply to the community development director for a written determination as to whether such unit constitutes a legal nonconforming use under subsection (A)(1). The applicant shall pay an application fee as prescribed by resolution of the city council and shall provide the director with such information as the director may require. If the director determines that the unit constitutes a legal nonconforming use, the director shall so advise the applicant in writing and shall maintain a copy of such written determination within the records of the department of planning and building. The determination of the director shall be subject to appeal to the city manager as set forth in Chapter 12.78.
B.
Alterations or Modifications of Excess Housekeeping Unit. Ordinary maintenance and repairs may be made to excess housekeeping units. Structural alterations shall be permitted only if they do not increase the floor area of the unit.
C.
Excess Housekeeping Units Otherwise Prohibited.
1.
Except as permitted in this section, the alteration or maintenance of any existing excess housekeeping unit is a violation of this chapter.
2.
Not more than one excess housekeeping unit shall be permitted on any residential lot under any circumstances.
3.
The setting up, construction, or conversion of any housekeeping unit or of any dwelling or portion thereof as an excess housekeeping unit is in violation of this chapter.
D.
Basis of Restrictions and Limitations. The foregoing restrictions and limitations upon establishment of additional excess housekeeping units are based upon the following findings:
1.
In adopting this section, the city has done much to promote the full use of housing facilities within existing buildings and structures.
2.
Many of the streets within residential districts in the city are narrow and do not conform to present street width standards. As a result, parking and traffic circulation are congested, and the addition of second residential units in these areas would exacerbate the condition.
3.
Many of the residential parcels in the city are two thousand five hundred square feet in size and do not meet minimum lot size standards. Many of the parcels were developed without required garages or with minimal garage space, and do not comply with existing off-street parking requirements. These are often inadequate to provide adequate parking for their occupants, and result in further congestion of the streets. The addition of second residential units in these areas would only worsen this congestion.
4.
The existing sanitary sewer system is over capacity and cannot handle sewage from additional dwelling units which might result from the authorization of second residential units on single-family lots.
5.
The existing city water system is not of sufficient size to handle such additional dwelling units.
6.
It would be detrimental to the public safety and welfare of the community if additional second units were allowed beyond those authorized by existing ordinance.
It is hereby acknowledged that the provisions of this subsection may limit housing opportunities of the region. |
(Prior code § 27-6.3; Ord. 1410 § 1, 1982; Ord. 1421 § 1, 1983; Ord. 1877A § 3, 2020; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.92.040 Building site-Substandard lot.
A.
A substandard lot may be used as a building site pursuant to the provisions of this section.
D.
In M-1 districts:
1.
A substandard lot may be used as a building site if its area is two thousand five hundred square feet or more.
2.
The maximum lot coverage by buildings on such a lot shall not exceed the following:
Area of Building Site | Maximum Lot Coverage |
|---|---|
2,500 sq. ft. or more but less than 5,000 sq. ft. | 80% |
5,000 sq. ft. or more but less than 7,500 sq. ft. | 70% |
7,500 sq. ft. or more | 60% |
E.
Where a parcel of land does not qualify as a substandard lot as defined in Section 12.80.290(8) because since January 13, 1962, such parcel and adjoining land were of one record ownership so as to create a standard building site, such parcel may be used alone as a separate building site if the community development director finds that the adjoining land is of sufficient size and width so as to constitute a standard building site by itself.