Division 17.50 — NONCONFORMING USES AND STRUCTURES

Sections:

17.50.010 Nonconforming use

17.50.020 Nonconforming structure

A. General. Use of a structure or land that was lawfully established and maintained, but which does not conform to current use regulations is nonconforming use. A nonconforming use may continue, except as otherwise provided in this section.

B. Regulations. The following regulations apply to each nonconforming use:

1. There may be no increase or enlargement of the area, space of volume occupied and used.

2. There may be no change in the nature or character of the nonconforming use.

3. If the nonconforming use is replaced by a conforming use, the nonconforming use is automatically terminated.

4. If the nonconforming use discontinues active operation for a continuous period of one year, the nonconforming use terminates and the facilities accommodating or serving the activity must thereafter be used only for uses permitted or conditionally permitted by the zoning district. This provision does not apply to a nonconforming dwelling unit.

A. General. A structure that was lawfully erected but which does not conform to the currently applicable zoning requirements prescribed in the zone district is a nonconforming structure. It may be used and maintained except as otherwise provided in this section. A nonconforming structure is also subject to the California Building Code adopted by the city under chapter 8.

• B. Regulations. The following regulations apply to a nonconforming structure:

1. Maintenance and repair. Routine maintenance and repairs may be performed on a nonconforming structure.

2. No alteration or enlargement. A nonconforming structure may not be altered, partially demolished, or enlarged unless required by law, or unless the alteration or enlargement conforms to the standards of the zoning district. An existing nonconforming structure may be altered or enlarged without variance as long as the alteration or enlargement does not relate to or involve the nonconformity. If an alteration or enlargement does relate to or involve a nonconformity of a non-conforming structure, a variance is required under division 17.70.

In this section, reconstruction means rebuilding all or a portion of an improvement in a way that differs from the prior construction, including but not limited to differences in design or

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materials or both. Replacement means rebuilding all or a portion of an improvement to be exactly the same as what was replaced.

3. Accessory dwelling unit. Regarding a nonconforming accessory dwelling unit, exterior design and material modifications beyond those authorized under division 17.38 are permitted if:

a. such modifications comply with objective standards in the Piedmont Design Standards and Guidelines; and

b. there is no increase in the size or change to the location of the accessory dwelling unit, no increase in structure coverage or decrease in landscape coverage related to the accessory dwelling unit.

4. Destruction; replacement. If a nonconforming primary structure is demolished or destroyed for any reason to the extent of more than 70% of the structure then, and without further action by the City Council, the structure and the land on which the structure was located are subject to the current regulations of the zone in which the structure is located, except as to lot area and lot frontage. In the event of a conflict, the more restrictive regulation will prevail. (Ord. 774 N.S., 09/2024)

This subsection 4 does not apply to:

a. a garage, pool house, exempt accessory dwelling unit under section 17.38.030, or accessory structure, and any of those may be replaced as it was, within two years, without increasing the degree of nonconformity, and without a variance under division 17.70.

b. a deck, balcony, porch, or site feature, and any of those may be replaced as it was, within one year, without increasing the degree of nonconformity, and without a variance under division 17.70.

If a nonconforming primary structure has been demolished or destroyed less than 70%, reconstruction must be completed within two years from the date of issuance of the building permit. If a property owner of a non-conforming structure has received permission to demolish or destroy less than 70% of the structure, but during renovation, more that 70% is destroyed or demolished, the project approval terminates and the property is subject to current zoning regulations as set forth in the paragraph above.

The percentage of physical building destruction or demolition is determined by the Building Official.

If the nonconforming structure is not rebuilt within the time period allowed under this subsection 4, the nonconforming rights terminate. (Ord. 747 N.S., 02/2020; Ord. 768 N.S. 01/2023)

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