ARTICLE XLVIII. NONCONFORMING USES AND BUILDINGS

30.48.10 Criteria.

Any use lawfully occupying a building or land at the effective date of the ordinance codified in this chapter or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is located shall be deemed a nonconforming use and may continue, except as otherwise provided herein. Any building lawfully existing at the effective date of the ordinance codified in this chapter, or of subsequent amendments hereto, that is wholly or partially used, or designed for use, contrary to the regulations of the district in which it is located, or does not conform to the minimum physical standards of the district in which it is located, shall be deemed a nonconforming building and may be so used or continue in such use. Any building for which a permit has been lawfully granted at the effective date of the ordinance codified in this chapter, or of subsequent amendments hereto, must be completed in accordance with the approved plans; provided, that actual construction is started within two (2) months of the date of issuance of the permit and diligently executed until its completion. The term “actual construction” for the purposes of this article is intended and shall be construed to mean the performance of any work or labor pursuant to the permit, the effect of which is apparent upon the building site or the placing of any material thereupon required or reasonably necessary for the construction of the building. Such building shall thereafter be deemed to be a lawfully existing nonconforming building. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.48.20 Expansion, enlargement and discontinuance.

(a) This article does not authorize the extension, expansion, or enlargement of such existing use, or permit the addition of structures or other facilities in conjunction with such existing use unless all of the following conditions can be met:

(1) The proposed extension, expansion, and/or enlargement is limited to a maximum of ten percent (10%) of the gross floor area of the nonconforming use.

(2) All required parking can be accommodated on site.

(3) All other physical development standards of the Zoning Ordinance will be met.

(4) The proposed project will not affect the character of the neighborhood.

(5) An approved minor deviation application has been obtained.

The planning commission may grant an extension, expansion, or enlargement not to exceed twenty-five percent (25%) of the gross floor area of the nonconforming use subject to an approved variance.

(b) Except as otherwise provided in this article, when the nonconforming use of land or a building has been discontinued or abandoned for a period of one hundred twenty (120) days or more, the nonconforming use shall not be reinstated and the use of land or a building must thereafter conform to the regulations of the district.

(c) Nothing in this chapter shall be construed to prevent the restoration and resumption of a former lawful use of any building that is damaged or partially destroyed by fire or other calamity, or by act of God or by the public enemy to the extent of seventy-five percent (75%) or less; provided, that such restoration is permitted by Chapter 6, and is started within one (1) year after such damage and diligently prosecuted to completion. A nonconforming building that is completely destroyed or damaged or partially destroyed in any of the above manners to a greater extent than above specified, or voluntarily razed or required by law to be razed, shall not thereafter be restored except in full conformity with all the provisions of this chapter as to building and use. The amount of destruction shall be calculated by taking seventy-five percent (75%) of the full assessed value of the improvements destroyed, as such value is shown on the current equalized assessment roll of Santa Clara County.

(d)(1) Whenever a nonconforming use of land or a building has been changed to a conforming use, the prior nonconforming use shall not thereafter be reestablished, and the use of the land or building thereafter shall be in conformity with the regulations for the district.

(2) Whenever a nonconforming use of land or a building has been discontinued for a continuous period of one hundred twenty (120) days, the prior nonconforming use shall not thereafter be reestablished, and the use of the land or building thereafter shall be in conformity with the regulations for the district.

(3) Nonconforming uses located within designated historic structures may be reinstated or continue subject to an approved conditional use permit from the planning commission. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of one hundred twenty (120) days shall constitute abandonment. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13; Ord. No. 2019-08, § 27, 10-7-19)

30.48.30 Extension.

In addition to the other grounds set forth in this chapter, an exception which has been automatically granted under this article may be extended if it is determined that the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.48.40 Revocation of automatic variance.

In addition to other grounds stated in this chapter, a variance, which has been automatically granted, may be revoked if it is determined:

(a) That the condition of the improvements on the property, if any, are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person.

(b) That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.48.50 Public hearing.

A variance for an existing nonconforming use may be extended, modified, or revoked subject to a public hearing held in the manner provided for in

Article LI. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)