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MUNICIPAL CODE ARTICLE IX – LAND USE9410.06 9410.08Section 9410.06. Continuation of a Nonconforming Use or Lot.(A)(B)(C)(D)(E)(F)The lawful use or occupancy of a use, building, or structure existing at the time thisarticle or amendments thereto take effect may be continued provided there is norelocation of, alteration or addition to any use, building, or structure, nor any enlargementof area, space, or volume occupied by such nonconformity except as allowed in Section9410.12.A legal nonconforming use shall not be changed to another use, except to a use permittedin the zoning district in which it is located.Any legal nonconforming use that is discontinued for one hundred eighty (180) days ormore shall not be reestablished.The City Planner may extend the one hundred eighty (180) day limit for reestablishing anonconforming use if a property owner can demonstrate to the City Planner’s satisfactionbased on substantial evidence that the use has not been discontinued and that thereestablishment of the use is being diligently pursued or that a building permit forreconstruction, without alteration or enlargement, has been issued. The decision of theCity Planner may be appealed to the Commission in accordance with Section 9806.A legal nonconforming use shall not increase in intensity or expand its activities.Any lot which does not meet the minimum lot area, lot width, or lot depth for the zoningdistrict in which it is located may be used or have a building or structure erected upon it,provided said use, building, or structure complies with the development standards for theunderlying zoning district.Section 9410.08. Elimination of a Nonconforming Use or Structure.(A)Discontinuance of a Nonconforming Use When No Structure InvolvedIn any zone the nonconforming use of land shall be discontinued within one (1) year fromthe date of notification in accordance with the provisions of this section.(B)Discontinuance of a Nonconforming Use of a Building or StructureAll nonconforming uses of a building or structure shall be discontinued within the timeperiods specified below, unless an exception is granted pursuant to Section 9410.06(D):(1) Type 1 Buildings (fire resistant) – offices, hotels, theaters, warehouses, lofts,stores, garages, and industrial: Twenty (20) years after the [effective date of thisarticle].9.4-22
MUNICIPAL CODE ARTICLE IX – LAND USE9410.08 9410.08(2) Type 2 and Type 3 Buildings (heavy timber construction and ordinary masonry) –apartments, offices, hotels, residences having stores or offices below andapartments or offices above, warehouses, stores, garages, lofts, and factories andindustrial buildings: Twenty (20) years after [effective date of this article].(3) Type 4 and Type 5 Buildings (light incombustible frame and wood frame):Twenty (20) years after the effective date of this article.Single-family residences existing in the C-P Zone as of [effective date of thisarticle] shall not be nonconforming buildings for the purposes of this section, solong as they are used for residential purposes.(4) All other buildings and structures, including all buildings or structures notpreviously set forth: Fifteen (15) years after [effective date of this article](5) All other uses, including uses not previously set forth: Ten (10) years after[effective date of this article](6) In any zone, any nonconforming use, building, or structure may be orderedterminated by the Council within a period of time less than specified above upon afinding that such use constitutes a nuisance or a danger to the public health,safety, or general welfare that necessitates a lesser amortization period.(C)Notification ProceduresThe City Planner may determine those properties for which lawfully existing uses,buildings, or structures were rendered nonconforming by reason of adoption of thisarticle and the Official Zoning Map. Written notice of the City Planner’s determinationof such nonconformity, the termination procedures, and requirements of this section shallbe mailed to all owners of record and to the occupant of each such property.(D)Exception ProceduresWithin one (1) year of the date of mailing of such notice under the provisions of Section9410.08(C), any property owner, lessee with the consent of the owner, or purchaser ofsuch property acting with the consent of the owner may apply to have such propertyexcepted from the provisions of this Section as follows:(1) Application RequirementsAn exception from the requirements of this section shall be initiated by submittingan application to the City Planner.9.4-23
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City of DowneyZoning OrdinanceCity
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City of Downey

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