San Luis Obispo Municipal Code § 17.94.010 Definition and intent

A nonconforming use is one which was legally established on the effective date of applicable sections of this title but which is not now an allowed or conditionally allowed use in the zone in which it is located. The intent of these regulations is to prevent the expansion of nonconforming uses, establish the circumstances under which they may be continued, and provide for their removal or change to a conforming use as soon as practical. (Ord. 1650 § 3 (Exh. B), 2018)

A. Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal, nonconforming status.

B. A nonconforming use may be continued and a nonconforming use may be changed to another nonconforming use, provided:

1. A nonconforming use which ceases for a continuous period of twelve months shall lose its nonconforming status and the premises on which the nonconforming use was located shall from then on be used for conforming uses.

2. A nonconforming use may be replaced with another nonconforming use through approval via the director’s hearing process. In granting such approval, the director shall find that the new use has similar or less severe impacts on its surroundings in terms of noise, traffic, parking demand, hours of operation and visual incompatibility. The applicant shall submit evidence of the date when the original nonconforming use was established.

3. A nonconforming single-unit dwelling used as a residence may be continued and added to consistent with the standards of the R-1 zone, including establishment of an accessory dwelling unit.

C. A lot occupied by a nonconforming use may be further developed by the addition of conforming uses and structures via the director’s hearing process.

D. For uses located in the east airport annexation area of the airport area specific plan, “office-government” uses in existence at the time of annexation will not be subject to the provisions of subsection (B)(1) of this section and the community development director may permit a similar nonconforming “office-government” use to be established even if the prior nonconforming use has ceased for more than twelve months, subject to the process and findings set forth in subsection (B)(2) of this section. (Ord. 1681 § 2, 2020; Ord. 1650 § 3 (Exh. B), 2018)

Nonconforming parking is addressed in Section 17.72.060 (Nonconforming Parking). (Ord. 1650 § 3 (Exh. B), 2018)