Chapter 18.94 — Nonconforming Uses

Sections

18.94.010 – Continuation of Legal Nonconforming Uses 18.94.020 – Effect of Conditional Use/Minor Use Permit Requirements 18.94.030 – Expansion or Modification of Legal Nonconforming Uses 18.94.040 – Discontinuance of Legal Nonconforming Uses

The continuance of a legal nonconforming use is allowed subject to all of the following:

• A. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change.

• B. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses and structures be in compliance with all of the applicable provisions of this Zoning Code.

• C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

• D. Changes to a Nonconforming Use. If no structural alterations are made, a nonconforming use may be changed to another nonconforming use of an equal or more restrictive classification, as determined by the Director. Once changed, the nonconforming use may not be changed back to a nonconforming use of a less restrictive classification, as determined by the Director.

• A. Absence of Conditional Use/Minor Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Minor Use Permit that would be required by this Zoning Code shall be deemed conforming but only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.).

• B. Previous Conditional Use/Minor Use Permit in Effect. A use that was authorized by a Conditional Use Permit, Minor Use Permit, or other conditional entitlement, but is no longer allowed by this Zoning Code, may continue, but only in compliance with the original conditions of approval.

Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of this Zoning Code.

Santa Clara Zoning Code, Title 18

July 2025 5-9

18 Attachment 1:364

Publication, Apr 2026

ZONING

Chapter 18.94

Nonconforming Uses

• A. Nonconforming Use. If a nonconforming use ceases or is abandoned or discontinued for a continuous period of 180 days or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all of the applicable provisions of this Zoning Code.

• B. Abandonment or Discontinuance. A nonconforming use shall be considered abandoned or discontinued when any one or more of the following occur for 180 days or more:

  1. Abandonment or discontinuance of a use regardless of the owner's or occupant's intent to resume the use;

  2. The intent of the owner to cease or discontinue is apparent, as determined by the Director;

  3. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident; or

  4. Where there are no business receipts or utility charges or payments for the 180-day period.

• C. Business License. Maintenance of a valid business license shall, in and of itself, not be considered a continuation of the nonconforming use.

• D. Compliance with All Applicable Provisions Required. Absent further action by the City, any subsequent use of the land or structure shall comply with all applicable provisions of this Zoning Code.

Santa Clara Zoning Code, Title 18

July 2025

5-10

18 Attachment 1:365

Publication, Apr 2026

SANTA CLARA CODE

Chapter 18.96

Article 5 – Nonconformities