Code Section: 181 (d)

Subject: Reconstruction of nonconforming uses

Effective Date: 8/87

Interpretation:

   This Paragraph states that a nonconforming use cannot be voluntarily razed unless replaced by a conforming use. A three-unit dwelling is served by only a one-stall garage and no other parking. This situation does not make the one-stall garage a nonconforming structure. Rather, the situation makes the dwelling a noncomplying structure which Section 188 says may be altered as long as there is no increase in discrepancy. Therefore, the garage maybe voluntarily razed and replaced with a one-stall garage without having to make up the parking deficiency.

Code Section: 181 (d)

Subject: Restoration of illegal units

Effective Date: 3/90

Interpretation:

   This Section, as amended by Ordinance 75-90, allows illegal units in buildings which require "substantial repair" as a result of the October 17, 1989 earthquake to be legalized under certain conditions. The ordinance indicates that buildings that qualify as needing "substantial repair" will be identified by the Director of Building Inspection. This issue as well as procedures for implementing this subsection are answered by DCP Public Information Flyer 90.1 and by BBI Administrative Bulletin AB-51.

Code Section: 181 (d)

Subject: Reconstruction of an NCU

Effective Date: 5/90

Interpretation:

   This Section states that a nonconforming use destroyed by an act of God may be reconstructed according to its legal configuration and uses. This right of reconstruction is unaffected by any change in private ownership even though the ownership changed between the time of the building's destruction and its proposed rebuilding. The right rides with the land – not the owner. This principle applies as well to the right of reconstruction stated in Section 188(b).

Code Section: 182

Subject: NCU, change of use, conversion of guest rooms

Effective Date: 3/94

Interpretation:

   This Section allows a nonconforming use to be changed to a use that is more widely permitted by the zoning districts but not to a use that is less widely permitted. Four guest rooms in an apartment building which exceeded the density limits were proposed to be converted to an additional unit. Guest rooms without individual cooking facilities and not rented as hotel rooms are considered to be group housing. One may "mix and match" group housing and regular apartments on a site. The building was zoned RM-3 which allows one dwelling unit per 400 square feet of lot area and one group housing bedroom per 140 square feet of lot area. The four guest rooms accounted for 560 square feet of lot area so replacing them with one dwelling unit accounting for 400 square feet of lot area would constitute a reduction in intensity or a change to a use that is more widely permitted. However, the conversion constituted a change in use since the use table for the RM-3 District lists group housing and apartments as separate uses, (see Interpretation 101.1 Change in use defined /95). Since it was a change of use, it made the conversion subject to the Priority General Plan Policies of Section 101.1 of which the policy to preserve the City's supply of affordable housing conflicted with the proposal. Therefore, in this instance the proposal was denied. Cases such as this need to be decided on a case-by-case basis.

Code Section: 182 (b)

Subject: Conversion of NCU to dwelling, no rear yard

Effective Date: /94

Interpretation:

   This Subsection states that a nonconforming use may be changed to a use more widely permitted than the existing use. However, Subsection 172(b) states that no NCU may be altered in such a way as to increase a Code discrepancy or create a new discrepancy. In the case where an NCU with no rear yard was the sole use on a residentially zoned lot, it could be converted to residential use without a rear yard variance.

   In districts requiring a rear yard for all buildings, such nonresidential building without a rear yard is already noncomplying and would not be made noncomplying by adding a dwelling. However, in districts which require a rear yard only for dwellings, a nonresidential building without a rear yard is not noncomplying but would be made so by the addition of a dwelling, thus requiring a variance. Usable open space, on the other hand, is normally not required for uses other than dwellings so a variance may be necessary for such open space if it cannot be provided when introducing residential use.

Code Section: 182 (b)(1)

Subject:

Effective Date: 4/97

Interpretation:

   See Interpretation 181(a) Nonconforming use, intensification

Code Section: 182 (b)(4)

Subject: NCU change of use, limitation

Effective Date: 5/90

Interpretation:

   This Section states that a nonconforming use (NCU) may be changed to a use that is first permitted in the same zoning district that would permit the NCU's current use. A new use must bring with it to the NCU the same limitations to which it was subject in the zoning district where it would first be permitted. Therefore a wholesale bakery (first permitted in a C-3-S District) could be converted to a sewing factory with the same limitations as a sewing factory in a C-3-S District. In other words, it could occupy no more than ¼ of the floor area on the lot and have no machine with more than five horsepower per Section 226(a) OR it could occupy no more than ½ of the ground floor area on the lot and have no machine with more than five horsepower per Section 226(b). In addition to the limits noted above, such conversion of an NCU must also conform to the limits of the Garment Shop SUD.