Chapter 18.74 — Nonconforming Uses

Sections:

18.74.010 – Continuation of Legal Nonconforming Uses 18.74.020 – Effect of Conditional/Minor Use Permit Requirements 18.74.030 – Modifications or Expansions of Legal Nonconforming Uses 18.74.040 – Discontinuance of Legal Nonconforming Uses

The continuance of a legal nonconforming use is allowed subject to all of the following:

• A. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.

• B. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses be in compliance with all of the applicable provisions of the Development Code.

• C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

• D. Changes to a Nonconforming Use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in Section 18.72.050.

• A. Previous Conditional/Minor Use Permit in Effect. A use authorized by a Conditional Use Permit or Minor Use Permit, but not allowed by the Development Code, may continue, but only in compliance with the original Conditional Use Permit or Minor Use Permit conditions of approval.

Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of the Development Code.

• A. Nonconforming Use. If a nonconforming use ceases or is discontinued for a continuous period of 180 or more consecutive days, its legal nonconforming status is lost, and the continued use of the property shall be in compliance with all of the applicable provisions of the Development Code.

• B. Cessation or Discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following occur:

East Palo Alto Development Code, Title 18

5 August 2018

Chapter 18.74

Nonconforming Uses

1. Voluntary (not compelled by government or act of nature) abandonment of the use, despite the owner's or occupant's intent;

• Discontinuance of a use regardless of intent to resume the use;

3. The intent of the owner to cease or discontinue is apparent, as determined by the Director;

4. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident; or

5. Where there are no business receipts or utility charges or payments for the 180-day period.

East Palo Alto Development Code, Title 18

August 2018

6

Article 6 – Nonconforming Uses, Structures, and Parcels

Chapter 18.76