A nonconforming building or structure may be maintained provided such use is not enlarged nor modified. (Ord. 97-06 § 5-1)
17.24.020: REPAIRS AND ALTERATIONS:
Repairs or structural alterations may be made to a nonconforming building or to a building housing a nonconforming use, subject to all conditions contained in this chapter, or other applicable chapters of this title. (Ord. 97-06 § 5-2)
17.24.030: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area, yard, or zoning regulations shall not be added to, remodeled, or enlarged in any manner, or moved to another location on the lot, where such change would also be nonconforming, unless first receiving a recommendation from the planning commission, and approval from the city council. In approving such use, it must be determined that the proposed change does not impose an unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.
A building or structure may be added to or enlarged if such addition or enlargement is being done for the purpose of causing such building or structure to become conforming with all regulations of the zone in which it is located. Said improvements may be done after having obtained a proper building permit. (Ord. 97-06 § 5-3)
17.24.040: ALTERATION WHERE PARKING IS INSUFFICIENT:
A building or structure lacking sufficient automobile parking area or space in connection therewith, as required by this title, may be altered or enlarged, provided that additional parking space is supplied to meet the requirements of this title for such alteration or enlargement. (Ord. 97-06 § 5-4)
17.24.050: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure, or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or act of God, or by the public enemy, may be restored and the occupancy or use existing at the time of damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year after the occurrence or damage or destruction, and is diligently prosecuted to completion. (Ord. 97-06 § 5-5)
17.24.060: ONE YEAR VACANCY:
A building or structure, or portion thereof occupied by a nonconforming use, which is, or which hereafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 97-06 § 5-6)
17.24.070: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which it was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 97-06 § 5-7)
17.24.080: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use, except as may be approved in section 17.24.030 of this chapter, but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord. 2004-24 § 1: Ord. 97-06 § 5-8)
17.24.090: NONCONFORMING USE OF LAND:
The nonconforming use of land may be continued, provided the nonconforming use of land shall not in any way be expanded or extended either on the same, or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year, or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 2004-24 § 1: Ord. 97-06 § 5-9)
17.24.100: TEMPORARY BUILDINGS AND USES:
A building nonconforming as to type or location may be approved by the planning commission for use as a temporary residence, sales office, or commercial or industrial building, during the construction of permanent facilities. Such temporary approval shall not be made for a period exceeding one (1) year. Extensions may be granted for cause, by the planning commission for additional six (6)-month periods, up to a maximum of twelve (12) months, or two (2) such extensions. If the temporary use approval expires without permanent facilities being complete, the applicant must go to City Council for consideration of an extension for a maximum period of one (1) year. The applicant must provide a schedule for project completion for City Council review and consideration. Temporary buildings shall be connected to all public utilities and shall meet all setback requirements unless otherwise approved by the planning commission.
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified in this title became effective, may be continued. (Ord. 97-06 § 5-11)
Santa Clara City Zoning Code
CHAPTER 17
24 NONCONFORMING BUILDINGS AND USES
17.24.010: MAINTENANCE PERMITTED:
A nonconforming building or structure may be maintained provided such use is not enlarged nor modified. (Ord. 97-06 § 5-1)
17.24.020: REPAIRS AND ALTERATIONS:
Repairs or structural alterations may be made to a nonconforming building or to a building housing a nonconforming use, subject to all conditions contained in this chapter, or other applicable chapters of this title. (Ord. 97-06 § 5-2)
17.24.030: ADDITIONS, ENLARGEMENTS AND MOVING:
A building or structure occupied by a nonconforming use and a building or structure nonconforming as to height, area, yard, or zoning regulations shall not be added to, remodeled, or enlarged in any manner, or moved to another location on the lot, where such change would also be nonconforming, unless first receiving a recommendation from the planning commission, and approval from the city council. In approving such use, it must be determined that the proposed change does not impose an unreasonable burden upon the lands located in the vicinity of the nonconforming use or structure.
A building or structure may be added to or enlarged if such addition or enlargement is being done for the purpose of causing such building or structure to become conforming with all regulations of the zone in which it is located. Said improvements may be done after having obtained a proper building permit. (Ord. 97-06 § 5-3)
17.24.040: ALTERATION WHERE PARKING IS INSUFFICIENT:
A building or structure lacking sufficient automobile parking area or space in connection therewith, as required by this title, may be altered or enlarged, provided that additional parking space is supplied to meet the requirements of this title for such alteration or enlargement. (Ord. 97-06 § 5-4)
17.24.050: RESTORATION OF DAMAGED BUILDINGS:
A nonconforming building or structure, or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity, or act of God, or by the public enemy, may be restored and the occupancy or use existing at the time of damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year after the occurrence or damage or destruction, and is diligently prosecuted to completion. (Ord. 97-06 § 5-5)
17.24.060: ONE YEAR VACANCY:
A building or structure, or portion thereof occupied by a nonconforming use, which is, or which hereafter becomes vacant and remains unoccupied by a nonconforming use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. (Ord. 97-06 § 5-6)
17.24.070: OCCUPATION WITHIN ONE YEAR:
A vacant building or structure may be occupied by a use for which it was designed or intended if so occupied within a period of one year after the use became nonconforming. (Ord. 97-06 § 5-7)
17.24.080: CHANGE OF USE:
The nonconforming use of a building or structure may not be changed except to a conforming use, except as may be approved in section 17.24.030 of this chapter, but where such change is made, the use shall not thereafter be changed back to a nonconforming use. (Ord. 2004-24 § 1: Ord. 97-06 § 5-8)
17.24.090: NONCONFORMING USE OF LAND:
The nonconforming use of land may be continued, provided the nonconforming use of land shall not in any way be expanded or extended either on the same, or adjoining property, and provided that if such nonconforming use of land, or any portion thereof, is abandoned or changed for a period of one year, or more, any future use of such land shall be in conformity with the provisions of this title. (Ord. 2004-24 § 1: Ord. 97-06 § 5-9)
17.24.100: TEMPORARY BUILDINGS AND USES:
A building nonconforming as to type or location may be approved by the planning commission for use as a temporary residence, sales office, or commercial or industrial building, during the construction of permanent facilities. Such temporary approval shall not be made for a period exceeding one (1) year. Extensions may be granted for cause, by the planning commission for additional six (6)-month periods, up to a maximum of twelve (12) months, or two (2) such extensions. If the temporary use approval expires without permanent facilities being complete, the applicant must go to City Council for consideration of an extension for a maximum period of one (1) year. The applicant must provide a schedule for project completion for City Council review and consideration. Temporary buildings shall be connected to all public utilities and shall meet all setback requirements unless otherwise approved by the planning commission.
The occupancy of a building or structure by a nonconforming use, existing at the time the ordinance codified in this title became effective, may be continued. (Ord. 97-06 § 5-11)