Chapter 17.232 — NONCONFORMING USES

In the zones established by this title or by amendments later adopted, there exist uses that were lawful before this title was passed or amended but that would be prohibited, regulated, or restricted under the terms of this title or future amendment. The city council declares that nonconforming uses are generally incompatible with permitted uses, and that nonconforming uses shall not be enlarged, modified, or otherwise changed, except as provided in this chapter. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

As used in this chapter:

"Change of use" means a change from the existing land use to another land use that is regulated under this title. "Nonconforming use." See definition in section 17.108.150. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A lawful use existing or substantially under construction at the time this title was adopted or amended may be continued although the use does not conform with the current use regulations of the zone in which it is located. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A nonconforming residential use may continue in use, may be enlarged to occupy a greater portion of the building or lot on which it is located, and may be relocated to another location on the same lot, but the number of dwelling units within the building may not be increased. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. A nonconforming nonresidential use may continue in use.

B. A conditional use permit approved by the zoning administrator is required to enlarge the nonconforming nonresidential use to occupy a greater portion of the building or lot on which it is located, or to relocate the nonconforming nonresidential use to another location on the same lot. (Ord. 2017-0061 § 69; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. A use that was lawfully established when a conditional use permit was not required, but for which a requirement for a conditional use permit was later adopted, is deemed to have an approved conditional use permit and shall be subject to all of the provisions of this title relating to conditional use permits.

B. This section applies to uses for which a conditional use permit is required under this title that were lawfully established on property at the time the property was annexed to the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. All development that existed on the effective date of the ordinance that first adopted this title as the Planning and Development Code of the City of Sacramento shall be deemed to have an approved site plan and design review permit with respect to the architectural design, site design, and other features of the development that are within the scope of site plan and design review under chapter 17.808. Any features that do not conform to design guidelines and development standards applicable to the development on that date are deemed to have approval of a deviation from those design guidelines and development standards as provided in chapter 17.808. The continued use of development subject to a deemed approved site plan and design review permit or a deemed approved deviation from applicable design guidelines or development standards is subject to all of the provisions of this title relating to site plan and design review.

B. Development with a new or a deemed approved site plan and design review permit that, because of a change in zoning designation or amendment to adopted design guidelines or development standards, no longer conforms with the design guidelines or development standards applicable to the development, is deemed to have approval of a deviation from those design guidelines or development standards. The continued use of the development is subject to all of the provisions of this title relating to site plan and design review.

C. This section applies to all development at the time the development is annexed to the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Any lawfully established development that, because of a change in zoning designation or amendment to adopted design guidelines or development standards, no longer conforms with the design guidelines or development standards applicable to the development and requires a variance, is deemed to have an approved variance and is subject to all of the provisions of this title relating to variances.

B. This section applies to developments for which a variance is required under this title at the time the property is annexed to the city. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Conditional use permit required. A zoning administrator conditional use permit is required to change an existing nonconforming use to another nonconforming use. The zoning administrator may approve the conditional use permit based on the finding that the proposed nonconforming use is similar to, or less intensive than, the existing nonconforming use, in addition to the findings required by section 17.808.200.

B. Establishment of use. Notwithstanding section 17.808.400, a conditional use permit for a change to another nonconforming use expires and is thereafter void if the new nonconforming use is not established within six months of the effective date of approval, unless a different date is specified by condition of approval.

C. Discontinuance of previous nonconforming use. At the time a new nonconforming use is legally established and replaces another nonconforming use, all rights to continue the prior nonconforming use expire. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A. Expiration for discontinuance of use. Except as provided in subsections C and D, if a nonconforming use is discontinued for a continuous period exceeding one year, the right to continue the nonconforming use expires for discontinuance of use.

B. Expiration of deemed conditional use permit. Except as provided in subsections C and D, if the use authorized by a deemed conditional use permit is discontinued for a continuous period exceeding one year, the deemed conditional use permit expires for discontinuance of use and is thereafter void.

• C. Temporary suspension of expiration pending application for change of use.

1. When calculating the expiration dates set forth in subsections A and B above, the period of discontinuance shall be tolled from the date an application is timely filed to change from one nonconforming use to another nonconforming use until the date a decision on the application is final.

2. If the application to change from one nonconforming use to another nonconforming use is denied and less than 30 days remain of the one-year period resulting in expiration for discontinuance of use, additional applications may be filed not later than 30 days from the date of denial of the prior application. For purposes of this subsection, the date of denial shall be the date the decision becomes final.

D. Extension of time. A zoning administrator conditional use permit is required to extend the period of time that a nonconforming use or a use authorized by a deemed conditional use permit may be discontinued before it expires for discontinuance of use under subsections A and B of this section. The conditional use permit application to extend time shall be filed prior to the expiration of the nonconforming use for discontinuance of use. (Ord. 2021-0024 § 28; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A zoning administrator conditional use permit is required to re-establish a prior nonconforming use after the nonconforming use expires for discontinuance of use. The use may be re-established only if the build-ing, structure, or lot used for the prior nonconforming use has been vacant continuously from the time the nonconforming use was discontinued until the time the use is re-established under the conditional use permit. (Ord. 2013-0020 § 1; Ord. 20130007 § 1)

The following regulations apply to nonconforming adult entertainment uses, in addition to the other requirements of this chapter.

A. All adult bookstores, adult cabarets, adult motion picture theaters, adult arcades and adult hotel-motels legally established or in legal existence prior to December 6, 1983 (Ord. 83-145), are deemed nonconforming and may continue to operate subject to the provisions of this chapter.

B. A legally established adult bookstore, adult cabaret, adult motion picture theater, adult arcade, or adult hotelmotel shall not be deemed nonconforming solely by virtue of the subsequent creation or expansion of any use or zone designated in Divisions II, III, and IV. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)

A listed historic resource may be used for a use not permitted in the zoning district where the historic re-source is located with a zoning administrator conditional use permit. The zoning administrator may approve the conditional use permit based on the findings required in section 17.808.200 and the following:

A. The proposed use provides a demonstrable benefit toward the preservation of the listed historic resource; and

B. The public benefits of the preservation of the listed historic resource as derived from the proposed nonconforming use outweigh the public benefits that would result from the action that would be required for the use to be brought into, or remain in, conformance. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)