5080.80 Termination of Nonconforming Uses

Any of the following violations of this Ordinance shall immediately terminate the right to operate a nonconforming use:

A. Termination by Discontinuance

Discontinuance for six or more successive months of a nonconforming use shall terminate the right to operate the nonconforming use.

B. Termination by Amortization

The following amortization provisions set forth in this Subsection B shall not apply to nonconforming residential uses and structures in the R-3 zone which are nonconforming only with respect to development standards including, but not limited to, lot size, lot width, required yard areas, required setbacks, building height, lot coverage, density, building separation, required open space, landscaping, or required parking.

1. Two Amortization Schedules

Two separate amortization schedules are provided in this Ordinance. The first amortizes uses and structures established under the Ordinance adopted April 26th, 1966 or subsequent ordinances. The second amortizes uses and structures established under this Ordinance and subsequent ordinances causing nonconformities.

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2. Schedule for 1966 Ordinance and All Amendments Thereto

The following nonconforming uses and structures shall be discontinued and removed from their sites within the time specified, except when extended or revoked as otherwise provided for in this Ordinance. All specified times shall be measured from the effective date of the ordinance that established the use as nonconforming, unless otherwise indicated.

• a. Where the property is unimproved - one year.

• b. Where the property is unimproved except for structures of a type for which the City Building Code does not require a building permit - three years.

• c. Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area - three years.

• d. Outdoor advertising signs and structures - as provided for in the State of California Business and Professions Code.

• e. A nonconforming use housed in a structure designed to serve a use permitted in the zone - five years.

• f. One to five residential units on a parcel of land in the C or CM zone, whether combined with another use or not - 30 years or such longer period of time as provided in part h of this subsection. Notice of this provision shall be recorded in the Office of the County Recorder against each property.

• g. Automobile body and fender repair shops, automobile painting shops, and paint spray booths - five years.

• h. Structures not otherwise amortized in this section shall be amortized according to the following schedule. The time periods of this schedule shall be measured from the building's date of construction.

  1. Type IV and Type V building, as defined by the Building Code (light incombustible frame and wood frame), used as:

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• a) One-family, two-family, three-family, or multiple family dwellings, or other buildings used for residential occupancy - 35 years;

• b) Stores and factories - 25 years;

• c) Any other building - 25 years.

2. Type III buildings, as defined by the Building Code (heavy timber construction and ordinary masonry), used as:

   • a) One-family, two-family, three-family, or multiple family dwellings, offices, or hotels - 40 years;

   • b) Structures with stores below and residences, offices, or hotels above - 40 years;

   • c) Warehouses, stores, and garages - 40 years;

   • d) Factories and industrial buildings - 40 years;

3. Type I and Type II buildings, as defined by the Building Code (fire resistive), used as:

   • a) One-family, two-family, three family, or multiple family dwellings, offices, or hotels - 50 years;

   • b) Theaters, warehouses, stores, and garages - 50 years;

   • c) Factories and industrial buildings - 50 years.

4. The amortization of structures provided for by this subpart h of Section 5080.80.C.2 shall in no case be amortized less than 20 years from the date of the Ordinance which renders them nonconforming.

• i. Any nonconforming use or structure not

• listed above -20 years.

3. Schedule for Current Ordinance

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All nonconforming uses and structures made nonconforming by the adoption of this Ordinance or subsequently enacted ordinance shall be discontinued, removed, or made conforming within five years of the date of adoption of this Ordinance or the subsequent ordinance, unless said ordinance specifically provides for a shorter or longer period of time.

C.

Public Utilities and Publicly-Owned Uses

Nonconforming public utilities and publicly-owned uses are not subject to nonconforming provisions except as follows:

1. Additional nonconformities or increases in the extent to which a use or structure is nonconforming are prohibited.

2. The site upon which a use was located at the time the use was rendered nonconforming shall not be increased in size.

D.

Termination by Revocation

A nonconforming use may be revoked following a public hearing and a subsequent notice of the revocation pursuant to the provisions governing revocations provided for in Section 5150, Revocations.

• E.

• Educational institutions, public and private.

Nonconforming educational institutions, both public and private, are exempt from the provisions contained in this section regulating nonconforming uses and structures.