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Daly City City Zoning Code

CHAPTER 17

42 - NONCONFORMING USES

17.42.010 - Repair or maintenance.

Normal minor repairs or maintenance shall be permitted to keep the building in which a nonconforming use is established in sound condition. No structural alterations shall be permitted except as required by law.

(Ord. 635 § 19.1, 1965)

17.42.020 - Addition or enlargement.

No nonconforming use shall be enlarged in such a manner which would permit an increase in space occupied or to displace any conforming use in the same building.

(Ord. 635 § 19.2, 1965)

17.42.030 - Moving nonconforming buildings.

No building in which a nonconforming use established shall be moved in whole or in part to any other location on the lot unless the use thereof is made to conform with the district requirement.

(Ord. 635 § 19.3, 1965)

17.42.040 - Change.

A.

If no structural alterations are made, the nonconforming use of a building may be changed to another conforming use of the same or more restricted classification.

B.

When a previously existing nonconforming use is changed to a conforming use, the nonconforming use cannot thereafter be reestablished.

(Ord. 635 § 19.4, 1965)

17.42.050 - Abandonment.

Whenever a nonconforming use has been discontinued or abandoned for a continuous period of six months, such use shall not be reestablished and the further use of the land or building shall conform with the district requirement.

(Ord. 635 § 19.5, 1965)

17.42.060 - Damage.

A.

A nonconforming use established in a building which has been damaged or destroyed by fire, flood, wind, earthquake, act of God, the public enemy or other calamity to an extent of not more than fifty percent of the current replacement value of the building, may be continued, providing such use existed at the time of damage or destruction. The current replacement value of the building shall be determined by the building inspector.

B.

Should the damage or destruction exceed fifty percent of the current replacement value, no repairs or reconstruction shall be permitted unless the use of the building is made to conform with the district requirement.

C.

Restoration or repair must be started within a period of one year from the date of damage or destruction and be diligently prosecuted to completion.

(Ord. 635 § 19.6, 1965)

17.42.070 - Termination.

A.

A nonconforming use and/or building shall continue or remain until there has been a structural alteration, an enlargement or increase in space occupied, change in the nonconforming use, moving of said nonconforming building, abandonment or discontinuance of the nonconforming use, damage pursuant to Section 17.42.060, or the use has been determined to be a nuisance by the city council.

B.

Such nonconforming use shall be deemed terminated on the first happening of either one of the above events or matters.

(Ord. 1050 § 1, 1986: Ord. 635 § 19.7, 1965)