SEC. 184. SHORT-TERM CONTINUANCE OF CERTAIN NONCONFORMING USES.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 40-25 , approved 4/3/2025, effective 5/4/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.

Except as provided in subsections (c)-(d) below, the period of time during which the following nonconforming uses may continue or remain shall be limited to five years from the effective date of this Code (May 2, 1960), or of the amendment thereto which caused the use to be nonconforming. Every such nonconforming use shall be completely eliminated within 90 days after the expiration of such period.

(a) A Parking Lot or any other nonconforming commercial or industrial use of land where no enclosed building is involved in such use, except for permanent off-street Parking Lots in the C-3-O, C-3-R, and C-3-G Districts existing on the effective date of Ordinance No. 414-85, provided that such lots are screened in the manner required by Section 156(e); such permanent uses shall be eliminated no later than five years and 90 days from the effective date of an amendment to this Code that makes such permanent uses nonconforming.

(b) Any use of a type first permitted as a Principal or Conditional Use in an NC, RC, C, or M District or in a Residential-Commercial Combined District, when occupying a building in an R District other than a ResidentialCommercial Combined District that has an assessed valuation not in excess of $500 on the effective date of this Code or such later date as the use becomes nonconforming, with the following exceptions:

(1) Any lawful use in this category in a building having an assessed valuation of $250 or more on the effective date of this Code, or such later date as the use becomes nonconforming, shall have a period of permitted continuance of 10 years from the date at which the property was placed in a residential zoning classification, if such a period of continuance produces an expiration date that is later than the expiration date stated above; or

(2) Any lawful use in this category that is of a type first permitted in an NC-1 District; or of a type first permitted in any other district and supplying commodities at retail, or offering personal services, primarily to residents of the immediate vicinity; shall have a period of permitted continuance of 10 years from the effective date of this Code, or of the amendment thereto that caused the use to be nonconforming. After five years of such period have elapsed, any use as described in this Paragraph (b)(2) shall, upon application, be qualified for consideration by the Planning Commission as a conditional use as regulated in Section 303 of this Code.

(c) In the Mission Street Neighborhood Commercial Transit District, a Parking Lot that is on the site of a designated landmark under Article 10 of this Code as of the effective date of this Ordinance No. 135-20 may continue its Use as a Parking Lot for five additional years from the original expiration date provided by this Section 184.

(d) In the CMUO and MUR Districts, a Public Parking Lot that was legally established prior to December 31, 2023 may continue its Use as a Public Parking Lot through December 31, 2026 or the original expiration date provided by this Section 184, whichever is later. Any Public Parking Lot use that ceased operations after January 1, 2024 pending renewal of a commercial parking permit under Police Code Section 1215 shall not constitute abandonment or discontinuance of the use under Planning Code Section 183.

(Amended by Ord. 414-85, App. 9/17/85; Ord. 69-87, App. 3/13/87; Ord. 232-14 , File No. 120881, App. 11/26/2014, Eff. 12/26/2014; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 135-20, File No. 200421, App. 8/21/2020, Eff. 9/21/2020; Ord. 40-25, File No. 241173, App. 4/3/2025, Eff. 5/4/2025)

AMENDMENT HISTORY

Divisions (a) and (b) amended; Ord. 232-14 , Eff. 12/26/2014. Divisions (a) and (b) amended; Ord. 22-15, Eff. 3/22/2015. Undesignated introductory paragraph and divisions (a) and (b) amended; division (c) added; Ord. 135-20, Eff. 9/21/2020. Undesignated introductory paragraph amended; division (d) added; Ord. 40-25, Eff. 5/4/2025.