§ 21.27.050. Abandonment.

A.

Loss of rights to a nonconforming use. All rights to a nonconforming use are lost if the use is abandoned for twelve (12) months (see Section 21.15.030) or if the structure housing the use is demolished (see Section 21.15.750) except as follows:

1.

Nonconforming nonresidential structure. A nonconforming nonresidential structure, which has been abandoned for a period greater than twelve (12) months, may apply for an administrative use permit to establish a CNP (neighborhood pedestrian) permitted use and may apply for a conditional use permit to establish a CNP (neighborhood pedestrian) discretionally permitted use.

2.

Nonconforming nonresidential historic landmark. A designated City landmark which has been abandoned for a period greater than twelve (12) months, may apply for an administrative use permit to establish a CNP (neighborhood pedestrian) permitted use or discretionally permitted use, and may apply for a conditional use permit to establish another nonconforming use subject to the following:

a.

A special building inspection is conducted to ensure the building conforms or can be repaired to conform to minimum building, plumbing, fire, housing, electrical and earthquake code provisions as necessary to protect public health and safety, and

b.

The proposed use is necessary to avoid an unnecessary hardship on the property owner due to the condition of the structure, the value of the property, or the potential economic life of the building, and

c.

The proposed change of use will provide a desirable service or will be beneficial to the neighborhood, and

d.

The proposed use and adaptive reuse design plan has obtained a certificate of appropriateness from the Cultural Heritage Commission.

B.

Loss of rights to nonconforming parking. All nonconforming rights related to parking shall be lost if the primary structure on the lot is demolished. Rights shall not be lost if a building is merely vacated.

C.

Abandonment/revocation of rights through nuisance, blight or detrimental effect upon adjoining, abutting or adjacent property. Any nonconforming use which is operated in such a way as to be a nuisance or a direct detriment to adjoining, abutting or adjacent properties or which is neglected to the point of being a blight on the community shall be considered to have had its nonconforming rights abandoned. Such abandonment shall be determined by a revocation hearing according to the procedures of Division VI, "Revocations", of Chapter 21.21 of this Title, provided, that:

1.

A fully noticed public hearing is held before the Planning Commission; and

2.

The Planning Commission, or City Council on appeal, finds that:

a.

The use adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area, or

b.

The use jeopardizes or endangers the public health or safety, or

c.

The use constitutes a direct and substantial detriment to surrounding uses by repeated adverse activities and incidences, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning), noise code violations, traffic violations, curfew violations, lewd conduct or police detentions and arrests, or

d.

The uses cause repeated violations under Public Health and Safety Code, Title 8 or Title 9, and

e.

The owner or operator has been unwilling or unable to eliminate the adverse activities, if any;

3.

If it finds that conditions and/or modifications of the use will be ineffective in eliminating the adverse activities, the Planning Commission, or City Council on appeal, shall revoke only the nonconforming rights to the use;

4.

Continuation of any use after abandonment or revocation pursuant to this Subsection shall constitute a violation of this Chapter and shall be penalized as provided for in Section 21.10.080.

(Ord. C-7663 § 5, 1999)