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San Jose City Zoning Code

CHAPTER 8

NONCONFORMITIES

10-8-1: CONTINUANCE OF NONCONFORMING USE:

   A.   The lawful uses of land for storage purposes (where such use is not an adjunct of any structure) and for advertising signs and billboards which do not conform to the provisions of this title shall be discontinued within five (5) years from the effective date hereof, and the same uses of land which become nonconforming by reason of a subsequent change by amending this title shall also be discontinued within five (5) years from the date of the change.
   B.   The lawful use of a building or mobile home existing at the effective date hereof may be continued, subject to the provisions of this title, although such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not hereafter be changed to a less restricted use. (1982 Code § 5-7-1)

10-8-2: DAMAGED STRUCTURES:

No building or mobile home which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than fifty percent (50%) of its value shall be restored except in conformity with the regulations of this title. (1982 Code § 5-7-1)

10-8-3: DISCONTINUANCE OF NONCONFORMING USE:

In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the regulations of the district in which it is located. (1982 Code § 5-7-1) (amd. Ord. 20-548, 6-15-2020)

10-8-4: PREVIOUSLY UNLAWFUL NONCONFORMING STRUCTURES:

The nonconforming structure that was erected, converted or structurally altered in violation of the provisions of this title shall not be validated by the adoption of these regulations or amendments hereto, and the same may be ordered removed or corrected by the proper officials at any time. (1982 Code § 5-7-1)

10-8-5: NONCONFORMING COMMERCIAL OR INDUSTRIAL BUILDINGS:

Except as hereafter provided, all nonconforming commercial or industrial buildings located within any dwelling district shall be removed or converted, and the building thereafter devoted to a use permitted in the district in accordance with the following schedule:
   A.   In case of buildings erected before January 1, 1925, on or before January 1, 1984.
   B.   In the case of buildings erected between January 1, 1925, and January 1, 1940, on or before January 1, 1984.
   C.   In the case of buildings erected between January 1, 1940, and January 1, 1945, on or before January 1, 1989.
   D.   In the case of buildings erected since January 1, 1945, within forty (40) years from the date of issue of a building permit therefor. (1982 Code § 5-7-1)

10-8-6: EXISTING MOBILE HOMES:

Except as hereinafter provided, all mobile homes located within any dwelling district shall be removed or converted and the use of the same shall conform to regulations of the district in which it is located, upon the occurrence of any of the following events:
   A.   The use of the mobile home as a dwelling is discontinued for a period of sixty (60) days.
   B.   The mobile home is removed and not replaced from its existing location as of the effective date hereof for a period of ten (10) days. (1982 Code § 5-7-1)