San Jose Municipal Code Part 3 Amortization

A. Any public pay telephone governed by the provisions of Part 12 of Chapter 20.80 which was a legal use on February 19, 2001 but which did not conform to the provisions of Part 12 of Chapter 20.80 on that date shall be terminated within six months from February 19, 2001.

B. Any public pay telephone governed by the provisions of Part 12 of Chapter 20.80 that was a legal use on September 28, 2001 but did not conform to the additional provisions of that Part 12 that became effective on that date, regarding location of a public pay telephone on a wall containing a primary entrance and/or regarding a minimum five-foot pedestrian access between the public pay telephone and the private property line, shall be terminated within six months from September 28, 2001.

(Ords. 26248, 26455.)

The operator of a nonconforming use as described in Section 20.150.300 may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

A. Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 20.150.300 may be filed by the owner of the real property upon which such use is operated or by the operator of the use.

Such an application must be filed with the city clerk at least ninety days prior to the time established in Section 20.150.300 for termination of such use.

B. Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be as set forth in the schedule of fees established by resolution of the city council.

C. Hearing on application. Upon filing of an application for extension, the city clerk shall, subject to the rules of the city council as to the hour and place of public hearings which shall be conducted by it, set a date for a public hearing which shall be held by the city council on said application. Said date of hearing shall be not less than twenty nor more than sixty days from and after the date said application was filed and all filing fees were paid.

D. Notice of hearing. The city clerk shall cause notice of the time and place of the hearing on the application to be given in accordance with the procedure set forth in Section 20.100.190 of this title.

E. Approval of extension; findings. Within a reasonable time after the public hearing on an application for extension has been conducted, the city council shall by resolution take action on the request for the extension. Unless the extension is approved by at least a majority of the council, it shall be deemed denied. An extension under the provisions of this section shall be for no more than one year and shall be approved only if the city council makes all of the following findings:

1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to February 19, 2001.

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment.

(Ord. 26248.)

Any temporary structure which meets the definition of Section 20.200.1240 which existed on February 19, 2001 and has remained in continuous use and which does not conform to the provisions of this title shall be terminated within six months from February 19, 2001.

(Ord. 26248.)

Editor's note— Section 20.150.330, pertaining to Amortization - Incidental Dancing and Music, was repealed by Ordinance 29218, adopted February 26, 2013.