Burbank Municipal Code Div. 5 Termination and Revocation

The right to continue a nonconforming use shall terminate as follows:

1. Changing such use to another use not permitted in the zone, except as expressly permitted in this article;

2. Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this article;

3. Adding a conforming or nonconforming use, except as permitted in this article.

[Formerly numbered Section 31-208; Renumbered by Ord. No. 3058, eff. 2/21/87.]

Nonconforming uses and structures shall be discontinued and removed from their sites as follows:

1. Where the property is unimproved, one (1) year from the effective date of this chapter or amendment thereto creating the nonconforming status.

2. Where the property is unimproved except for structures of a type for which the Building Code does not require a building permit, three (3) years from the date the use became nonconforming.

3. Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area, three (3) years from the date the use became nonconforming.

4. Outdoor advertising signs and structures, three (3) years from the date the use became nonconforming.

5. Signs on windows, signs painted on buildings, signs that flash on or off or vary regularly in luminescent intensity and displays, one (1) year from the date the use became nonconforming; other business signs, ten (10) years from the date the use became nonconforming.

6. Keeping horses in residential zones where not permitted, five (5) years from the date the use became nonconforming.

7. A nonconforming use housed in a structure designed to serve a use permitted in the zone, five (5) years from the date the use became nonconforming except that domestic animals exceeding the number permitted by this chapter and kept on the premises of the owner on November 26, 1967, may be kept on the premises for the remainder of their natural lives if the owner can prove to the satisfaction of the Animal Shelter Superintendent that they were acquired before the use became nonconforming.

8. In other cases five (5) years from the date this paragraph becomes effective or ten (10) years from the date the use became nonconforming, whichever period is greater and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the Building Code, will be as follows:

a. Type IV and Type V buildings (as defined in the Uniform Building Code) used as:

1. One (1)-family dwellings, two (2)-family dwellings, three (3)-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years;

2. Stores and factories, 25 years;

3. Any other building not herein enumerated, 25 years.

b. Type III buildings (as defined in the Uniform Building Code) used as:

1. One (1)-family dwellings, two (2)-family dwellings, three (3)-family dwellings, apartment houses, offices and hotels, 40 years;

2. Structures with stores below and residences, offices or a hotel above, 40 years;

3. Warehouses, stores and garages, 40 years;

4. Factories and industrial buildings, 40 years;

5. Any other building not herein enumerated, 40 years.

c. Type I and Type II buildings (as defined in the Uniform Building Code) used as:

1. One (1)-family dwellings, two (2)-family dwellings, three (3)-family dwellings, apartment houses, offices and hotels, 50 years;

2. Theaters, warehouses, stores and garages, 50 years;

3. Factories and industrial buildings, 50 years;

4. Any other building not herein enumerated, 50 years.

d. Structures which do not comply with parking, height, density, setbacks, or other development standards, as long as the use is consistent with current zoning, shall be exempt from the provisions of Subsections (8)(a), (b) and (c).

The foregoing provisions shall not apply to a nonconforming residential use in any commercial or industrial zone. [Formerly numbered Section 31-209; Renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3594, eff. 3/30/02; 2520, 2419, 2245.]

The Council may, after notice and public hearing, revoke the right to continue a nonconforming use or structure, as follows:

A. NOTICE.

Notice shall be mailed to the recorded owner of the property not less than 20 days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing to show cause why the right to a nonconforming use should not be revoked.

B. COUNCIL ACTION.

Within 15 days after the public hearing, the Council may by resolution revoke or modify the nonconforming status of the use or structure. [Formerly numbered Section 31-210; Renumbered by Ord. No. 3058, eff. 2/21/87.]