Earlier editions: 2026-09
Title 19 — ZONING›Chapter 19.37 — NONCONFORMING USES AND STRUCTURES
Commerce Municipal Code Div. 2 Nonconforming Uses
Commerce Municipal Code · 2026-10 edition · updated 2026-10-04 · Commerce
Cite as: Commerce Municipal Code Division 2 · Text as of 2026-10-04
19.37.100 - Nonconforming uses—Abatement.¶
A. Exemption for Residential Uses. Nonconforming residential uses shall not be required to comply with this Chapter 19.37 nor to be completely removed for noncompliance. However, such use shall not be altered or expanded in any way so as to increase the nonconformity.
B. Nonresidential Uses. Nonconforming nonresidential uses shall be discontinued and removed from their sites, altered to conform, or altered as prescribed to decrease the degree of nonconformity, within the specified time period after which they are deemed nonconforming, as set forth in Table 19.37.100A.
Table 19.37.100A Abatement of Nonconforming Uses
| Zone or Use | Abatement Schedule |
|---|---|
| 1. In any zone, a nonconforming use not occupying a structure | 1 year |
| 2. In any zone, a nonconforming use located in a structure with less than 100 sf of gross floor area | 3 years |
| 3. Any zone - Use not permitted (Other than gas and oil wells) | 5 years |
| 4. Oil and gas wells not permitted in zone in which they are located | 10 years |
Abbreviations: sf=square feet
(Ord. 544 § 1(part), 2000).
19.37.110 - Nonconforming uses—Change to another nonconforming use.¶
No nonconforming use shall be changed to another nonconforming use.
(Ord. 544 § 1(part), 2000).
19.37.120 - Nonconforming uses—Abandonment.¶
A. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of eighteen months or more, the nonconforming use shall not be re-established, and the structure or site thereafter shall be used in conformity with the regulations for the zone in which it is located. The director of community development may grant one additional extension of six months if he or she determines that such extension is reasonable under the circumstances. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume the nonconforming use.
B. This Section 19.37.120 shall not apply to nonconforming dwelling units.
(Ord. 544 § 1(part), 2000).
(Ord. No. 639, § 1, 9-6-2011)
19.37.130 - Nonconforming uses—Expansion restrictions.¶
A. A nonconforming use shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.
B. A use which fails to meet the performance standards of the zone in which it is located shall not be enlarged or extended, nor shall it have equipment replaced that results in failure to meet performance standards.
(Ord. 544 § 1(part), 2000).
19.37.140 - Reserved.¶
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