Article XXIV — Nonconformities[9 ]

Except as otherwise provided in this article, nonconforming lots, uses, or structures existing on the effective date of this chapter may be continued, although the particular nonconformity does not conform to the regulations specified by this chapter for the district in which it is located. However, no such nonconformity may be extended to occupy a greater area of land or structure than is occupied on the effective date of this chapter. If any nonconformity is discontinued or abandoned, any subsequent use of such land or structure shall conform to the regulations specified for the district in which it is located.

(Formerly 10.05.1220; 1966 Code § 8500; 1976 Code § 10-1.901; Ord. 726 § 2 (Att. A); Amended by Ord. 643 § 5; Ord. 231)

If, prior to the effective date of this chapter, any parcel of land has dimensions or is of a size not in compliance with the regulations of the district in which it is located, such parcel may be developed to the extent possible while conforming to all applicable regulations of the district in which it is located.

(Formerly 10.05.1230; 1966 Code § 8501; 1976 Code § 10-1.902; Amended by Ord. 726 § 2 (Att. A); Ord. 231)

• A. A nonconforming use may be changed to another nonconforming use of the same or more restrictive classification upon the securing of a conditional use permit.

• B. If a nonconforming use is replaced by a more restrictive nonconforming use, the occupancy thereafter may not revert to a less restrictive use.

• C. If a nonconforming use is wholly discontinued for a period of ninety days, such use shall be deemed to have been abandoned and all future uses shall comply with the regulations of the particular district in which the land or building is located, except if discontinuation of the use:

  1. Is pursuant to a valid order of a court of law;

  2. Facilitates a required upgrade, retrofit, restoration, remediation, fire suppression, or ADA accommodation.

• (Ord. 726 § 2 (Att. A))

Any structure existing at the date of the adoption of this chapter, or any amendments thereto, which is nonconforming in either location or design shall not be enlarged, extended, reconstructed, or structurally altered (hereinafter collectively referred to as the "work") except in the following situations:

9. Prior legislation: 1966 Code § 8503, 1976 Code § 10-1.904 and Ords. 231 and 561.

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City of Millbrae, CA

PLANNING AND ZONING

§ 10.05.2430

§ 10.05.2440

• A. With approval of a conditional use permit when:

  1. The work increases the extent (such as lengthening an encroaching building wall) but does not intensify the degree (such as further encroachment of a building wall) of nonconformity; or

  2. Replacement or restoration of more than fifty percent of the total square footage of any nonconforming building, except single-family dwellings, is performed.

• B. Without approval of a conditional use permit when:

  1. Such work is required by law;

  2. The work will result in eliminating the nonconforming element(s) of the structure;

  3. Normal maintenance, in the form of necessary nonstructural repairs and incidental alterations which do not extend or intensify the degree of nonconformity, is performed;

  4. Work on a single-family dwelling that does not extend or intensify the degree of nonconformity may be made as with a conforming structure by securing the required building permit(s), which is a ministerial process. The decision that the work would or would not increase the nonconformity shall be made in the plan-check process. Any work which alters the existing single-story character of the dwelling shall be subject to architectural review as prescribed in this chapter;

  5. Work on a single-family dwelling damaged by fire, explosion, flood, earthquake, or similar catastrophe to restore or replace the dwelling according to the same zoning standards in effect at the time of its construction; provided, that:

     • a. All health and safety provisions of the latest edition of the building code are satisfied; and

     • b. The total floor area does not exceed that of the former structure; or

  6. Work on all other buildings damaged by fire, explosion, flood, earthquake, or similar catastrophe to restore or replace no more than fifty percent of the total floor area according to the same zoning standards in effect at the time of its construction; provided, that:

     • a. All health and safety provisions of the latest edition of the building code are satisfied; and

b. The total floor area does not exceed that of the former structure. (Formerly 10.05.1240; 1966 Code § 8502; 1976 Code § 10-1.903; Ord. 726 § 2 (Att. A); Ord. 561 § 3.4; Amended by Ord. 245 § 1; Ord. 231)

The foregoing provisions of this chapter shall apply to lots, uses, and structures which hereafter become nonconforming due to the rezoning of any property under the provisions of this chapter. An existing land use for which a conditional use permit is required by the terms of this chapter shall be considered a nonconforming use, unless and until the required conditional use permit is obtained.

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City of Millbrae, CA

MILLBRAE CODE

§ 10.05.2440

§ 10.05.2450

(Formerly 10.05.1260; 1966 Code § 8504; 1976 Code § 10-1.905; Amended by Ord. 726 § 2 (Att. A); Ord. 231)

Nothing contained in this chapter shall be deemed to require any change in the plans, construction, or designated purpose of any structure for which a building permit has been properly issued, in accordance with the regulations then in effect and upon which actual construction has been started prior to the effective date of this chapter, or any amendments thereto; provided, that, in all cases, actual construction shall be diligently carried on to completion of the structure.

(Formerly 10.05.1270; 1966 Code § 8505; 1976 Code § 10-1.906; Amended by Ord. 726 § 2 (Att. A); Ord. 231)

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City of Millbrae, CA

PLANNING AND ZONING

§ 10.05.2500

§ 10.05.2500