Chapter 18.94
NONCONFORMING USES

Sections:

18.94.010    Generally.

18.94.020    Nonconforming buildings.

18.94.010 Generally.

(a) The lawful use of land or buildings existing under, and pursuant to, Ordinance Nos. 384, 775, and 918, ordinances of the City of Santa Clara, and existing at the time of the adoption of the ordinance codified in this title, although such use does not conform to all regulations specified in this title for the district in which such land is located, may be continued provided no such use shall be enlarged or increased, nor extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, except as provided in subsection (c) of this section; nor shall any legal nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such legal nonconforming use. If any such use is abandoned, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located.

(b) The legal nonconforming use of a building may be changed to an alternate nonconforming use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained.

(c) A legal nonconforming use within a building may be expanded or moved within the building only upon issuance of, and in compliance with, a use permit which finds that the expansion or relocation of the use within the building does not significantly increase any identified impacts including, but not limited to, traffic, vehicle parking, or noise impacts.

(d) A new use may be added to a building or site containing a legal nonconforming use provided the new use conforms to the requirements of the zoning district in which it is located.

(e) If any legal nonconforming use ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located.

(f) Any legal nonconforming use of land (where no building is involved), created at the time the ordinance codified in this title becomes effective, shall be discontinued within three years from the effective date of that ordinance, unless the City Council shall extend such time as to a use of a particular parcel of land, but any such extension as to one or more parcels shall not operate to extend the time for other parcels. (Ord. 1891 § 3, 8-30-11; Zoning Ord. § 47-1).

18.94.020 Nonconforming buildings.

(a) Any legal nonconforming building damaged or destroyed by fire, explosion, earthquake, or other catastrophic event or sudden cause which is beyond the control of the property owner may be restored; provided, that such a building is restored in conformance with all of the following:

(1) The property owner shall obtain building permits for such restoration or replacement within twelve (12) months of the damage or destruction and shall begin construction within three months of the issuance of building permits;

(2) Such restored or reconstructed building shall not have a greater floor area than the building contained when the damage or destruction occurred; shall not exceed the height or number of stories contained in the building when the damage or destruction occurred; shall not result in a greater number of dwelling units than were existing on the site at the time of damage or destruction; and shall not occupy any portion of the lot or parcel not occupied by the building or structure when such damage or destruction occurred, except as provided in subsection (b) of this section;

(3) Such restoration or reconstruction does not result in fewer vehicle parking spaces than were situated on the site at the time of damage or destruction, unless the resulting parking meets or exceeds the parking required by this chapter for the building and site; and

(4) Such restored or reconstructed building shall be deemed a legal nonconforming building, unless the building conforms to all the regulations of the district in which it is located.

(b) A legal nonconforming building, the use of which is not legal nonconforming, may be expanded; provided, that said expansion is in conformance with all of the applicable provisions of the district in which it is located.

(c) The owner or occupant of any land or building classified as existing nonconforming in accordance with SCCC 18.94.010(a) may make application for a use and occupancy permit as specified in Chapter 18.96 SCCC.

(d) A legal nonconforming use existing in a nonconforming building at the time of damage or destruction may be continued in such building that is restored or reconstructed in conformance with this section. (Ord. 1891 § 4, 8-30-11; Zoning Ord. § 47-2).