§ 9182.21. Site Nonconformities - Nonconforming Use Eligible for Conditional Use Permit… — Carson Zoning Code

Any use lawfully established as an automatically permitted use which subsequently is designated as a use requiring a conditional use permit or other special approval shall be considered to be a nonconforming use until such time as a conditional use permit or other such special approval is granted.

In granting a conditional use permit or special approval for such use, conditions may be included which provide for either the continuation or termination of each nonconformity existing on the site. Such conditional use permit or other approval shall not authorize the creation of additional or expanded uses or facilities which are not in conformance with current regulations. Any extension of a nonconformity beyond the time limit otherwise required shall be subject to the criteria of CMC § 9172.25(D) .

This Section shall not apply to:

A. Those uses lawfully established on property prior to the designation of said property as ORL (Organic Refuse Landfill) and which would not be subject to the requirement of a conditional use

permit except for such designation.

B. Mobile home, and trailer parks lawfully established on property in the residential and commercial zones prior to enactment of the conditional use permit requirement.
C. Existing alcoholic beverage sales and service businesses lawfully established on property in the commercial and industrial zones prior to January 21, 1983. Notwithstanding the preceding, the provisions of this Section shall apply to each business that ceases to operate continuously without substantial change in mode or character of operation. Additionally, the provisions of this Section shall apply to each such business that does any of the following:
1. Knowingly allows, during three (3) or more months within any twenty-four (24) month period, a nuisance activity to occur within the premises or in close proximity to the premises. For purposes of this provision, "nuisance activity" refers exclusively to the following: disturbance of the peace, illegal drug activity, public drunkenness, public alcohol consumption, public urination, and excessive loud noise.
2. Allows the business license for such business to lapse for more than thirty (30) days after written notification of the lapse. The written notification shall be provided by either (a) hand delivery, receipt of which shall be acknowledged in writing, to the store operator at the business address; (b) certified mail, return receipt requested to both the business address and the address listed on the business license; or (c) other method offering equivalent proof of actual notice.

ys after written notification of the lapse. The written notification shall be provided by either (a) hand delivery, receipt of which shall be acknowledged in writing, to the store operator at the business address; (b) certified mail, return receipt requested to both the business address and the address listed on the business license; or (c) other method offering equivalent proof of actual notice.

Any existing alcoholic beverage sales and service business that does any of the above shall, upon determination of the Planning Commission after a public hearing, be considered a nonconforming use until such time as a conditional use permit is granted. The Planning Commission shall make such determination by resolution, and shall specify in its resolution the grounds resulting in the nonconforming use designation. The Planning Commission's determination may be appealed to the City Council in accordance with CMC § 9173.4 . Alcoholic beverage sales at each such business shall terminate no later than sixty (60) days from the date of the nonconforming use designation by the Planning Commission, or the date of the City Council's decision on appeal if an appeal was timely filed and the nonconforming use designation was upheld, unless an application for a conditional use permit has been filed for the business. Each such business shall thereafter be operated in accordance with the terms of the approved conditional use permit or shall cease alcoholic beverage sales if the conditional use permit application is denied.

D. Reserved .
E. Existing multiple dwelling and planned unit developments lawfully established on property within multiple dwelling residential zones prior to September 20, 1984.
F. Existing, lawfully established residential uses located within a Mixed-Use (MU) District prior to the enactment of the conditional use permit requirement, except as provided in CMC § 9182.1 .
G. Lawfully established restaurants and service stations which received discretionary approval within the last five (5) years from the date of a zone change to the CA (Commercial, Automotive) Zone District.
H. Existing, lawfully established truck terminals prior to the enactment of the Conditional Use Permit requirement, as described in CMC § 9182.27 .
I. Existing, lawfully established automobile laundries located within the MU-CS zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1 .
J. Existing, lawfully established caretaker's residences that have received proper discretionary approval by the Planning Commission located in an industrial zoning district prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1 .
K. Existing, lawfully established sale of diesel fuel or LPG located at an automobile service station that has been approved by the Planning Commission prior to enactment of the conditional use permit requirement, except as provided in CMC § 9182.1 .
(Ord. 81-585 § 3; Ord. 78-449; Ord. 01-1231 § 3; Ord. 82-621 § 5; Ord. 11-1479 § 16; Ord. 06-1363
§ 9; Ord. 04-1308 § 7; Ord. 03-1279 § 25; Ord. 94-1039 § 16; Added by Ord. 84-700 § 6)