The provisions of this chapter shall be known as the nonconforming use regulations. The purpose of these regulations is to control, ameliorate, or terminate uses which do not conform to the zoning regulations. These regulations shall apply to all nonconforming uses. (Prior planning code § 7400)

As used in this chapter:
“Alteration” means an enlargement; addition; relocation; repair; remodeling; change in number of living units; development of or change in an open area; development of or change in a Sign, by painting or otherwise; or any other change in a facility, but excluding painting except as provided above for Signs, ordinary maintenance for which no building permit is required, and demolition or removal.
“Nonconforming activity” means an activity which, under the zoning regulations, is not itself a permitted activity where it is located or does not conform to the off-street parking or loading requirements, performance standards, or other requirements applying to activities. However, an activity of the character described above shall not be deemed a nonconforming activity to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.
“Nonconforming facility” means a facility which, under the zoning regulations, is not itself a permitted facility where it is located or does not conform to the density, floor-area ratio, height, yard, court, buffering, landscaping or screening, or usable open space requirements; limitations on Signs; or other requirements applying to facilities. However, a facility of the character described above shall not be deemed a nonconforming facility to the extent that it has been or is hereafter authorized by a subsisting conditional use permit, variance, or other special zoning approval.
“Nonconforming use” means a nonconforming activity or a nonconforming facility.
“Substitution of activities” means the replacement of an existing activity by a new activity, or a change in the nature of an existing activity. It does not include a change of ownership, tenancy, or management where the previous line of business or other function is substantially unchanged. (Prior planning code § 7401)

A. Building and Sign Permits and Development Agreements. As specified in Sections 17.102.040 and 17.102.310, uses may in certain cases be established, constructed, altered, extended, substituted, moved, or otherwise changed on the basis of building or sign permits or development agreements although the zoning regulations or a rezoning or other amendment thereto would otherwise prohibit such use, development, or change.
B. Alcoholic Beverage Control Licenses. Notwithstanding the provisions of the nonconforming use regulations, said provisions shall not apply to the extent that they would preclude the exercise of the same rights and privileges as those conferred by a valid state of California Alcoholic Beverage Control license for premises which had been used in the exercise of such rights and privileges at a time immediately prior to the effective date of the applicable provisions of Section 17.102.210. For the purposes of this subsection, the word “premises” shall mean and include only the actual space within a building devoted to the sale of alcoholic beverage. (Prior planning code § 7402)

A. Right to Continue. A nonconforming use which is in existence on the effective date of the zoning regulations or of any subsequent rezoning or other amendment thereto which makes such use nonconforming, and which existed lawfully under the previous zoning controls, or which is subsequently developed or changed pursuant to Section 17.114.030, may thereafter be continued and maintained indefinitely, and the rights to such use shall run with the land, except as otherwise specified in the nonconforming use regulations. However, no substitution, extension, or other change in activities and no alteration or other change in facilities is permitted except as otherwise provided in Section 17.114.030 and except as specifically provided hereinafter.
B. Right to Continue for Nonconforming Auto and Truck Related Uses in All Districts. As used in regards to all nonconforming auto and truck related activities, the word “activity” refers solely to the unique function or operation occurring on the affected property, and does not refer to any other activity within an activity type with which that activity is grouped. Any right to substitute, extend or alter an existing auto or truck related activity refers solely to the specific existing function or operation, and does not provide any right to substitute, extend or alter that activity with any other type of activity within the activity type with which the activity is grouped. (Ord. 12368 § 3, 2001: prior planning code § 7403)

A. Activity Nonconforming Because It Is Not a Permitted Activity. Whenever an activity other than an Alcoholic Beverage Sales Commercial Activity, and other than sale of alcoholic beverages at any full-service restaurant in a location described by Section 17.102.210B, which is nonconforming wholly or partly because it is not itself a permitted activity where it is located, occupies four hundred (400) square feet or more of floor area and hereafter discontinues active operation for a continuous period of one year, or occupies less than four hundred (400) square feet of floor area and hereafter discontinues active operation for a continuous period of six months, and the facilities accommodating or serving such activity are not utilized for another activity during such period, said facilities may thereafter be utilized only for a normally permitted or conditionally permitted activity pursuant to Section 17.114.070A, except the former activity may be resumed after a longer period upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134; whenever an Alcoholic Beverage Sales Commercial Activity, or sale of alcoholic beverages at any full-service restaurant in a location described by Section 17.102.210B, discontinues active operation for more than ninety (90) days or ceases to be licensed by the State Department of Alcoholic Beverage Control, it may be resumed only upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. However, if another activity has replaced it, the former activity may thereafter be resumed if and only if such resumption would constitute an allowable change under Section 17.114.070A. Section 17.114.060 shall also apply.
B. Activity Nonconforming for Other Reasons. A nonconforming activity which is itself a permitted activity where it is located, and which is nonconforming only as to applicable off-street parking or loading requirements, performance standards, or other requirements applying to activities, may be resumed regardless of the period during which it may have discontinued active operation. However, if another activity has replaced it, the former activity may thereafter be resumed only if such resumption would constitute an allowable change under Section 17.114.070B. Section 17.114.060 shall also apply. (Ord. 12017 § 2, 1997; prior planning code § 7420)

A. General. Except as noted in subsection B of this section, the facilities accommodating or serving any nonconforming activity are damaged or destroyed to the extent of not more than seventy-five (75) percent of their current replacement cost as estimated by the Building Inspector, they may be restored to their prior condition and occupancy. If such damage or destruction exceeds seventy-five (75) percent of said cost, the facilities may not thereafter be restored to accommodate or serve any nonconforming activity, except that for a Residential Activity such restoration may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
B. Nonconforming Residential Activities Within the Adams Point Rezoning Area. In the area generally bounded by Grand Avenue, Lake Merritt, the MacArthur Freeway (I-580), Kempton Avenue, and Fairmount Avenue, if the facilities accommodating or serving any nonconforming residential activity are damaged or destroyed to the extent of not more than seventy-five (75) percent of their current replacement costs as estimated by the Building Inspector, they may be restored to their prior condition and occupancy. If such damage or destruction exceeds seventy-five (75) percent of said costs, the facility may thereafter be restored to accommodate or serve any residential nonconforming activity, provided all of the following conditions are met:
1. That documentation is provided which substantiates that such damage or destruction occurred involuntarily with respect to the owner of said unit(s);
2. That no expansion of the previous floor area occurs;
3.a. That if the project involves or results in one or two dwelling units on a lot, no Residential Facility shall be constructed or established, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136.
b. That if the project involves or results in three or more dwelling units on a lot, no Residential Facility shall be constructed or established unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136.
4. That a building permit is obtained and the nonconforming structure(s) is replaced in compliance with the building code;
5. That a building permit is sought and obtained no later than two years after the date of the facility’s destruction and construction pursuant thereto is diligently pursued to completion.
If all of the preceding requirements are not met, the replacement facility must comply with all applicable zoning code provisions in effect on the date of such replacement. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 11861 § 7, 1996: prior planning code § 7421)

A. Activity Nonconforming Because It Is Not a Permitted Activity. The activities specified in the following table may be substituted for any of the indicated activities which is nonconforming wholly or partly because it is not itself a permitted activity where it is located:

Changes that do not constitute substitutions may be made in any activity which is nonconforming wholly or partly because it is not itself a permitted activity where it is located. The above substitutions and other changes may be made without regard for requirements on off-street parking and loading, conduct of activities within enclosed buildings, means of customer access, and total floor area which normally apply to activities, except as otherwise provided in Section 17.116.020C. However:
1. If the nonconforming activity is itself conditionally permitted where it is located, no substitution or other change shall be made in it which would conflict with, or further conflict with, any requirement on off-street parking or loading, conduct of activities within enclosed buildings, means of customer access, or total floor area which normally applies to activities. (Changes which are allowed by Section 17.116.020B shall not be deemed to conflict or further conflict with the parking or loading requirements.)
2. Conversions of dwelling units to use by a nonresidential activity shall be subject, where applicable, to the provisions of Section 17.102.230.
3. If the nonconforming activity is located at ground level on any lot in the C-5, C-27, C-28, C-31, or S-9 zone, or on the ground floor of any building within the first twenty (20) feet thereof facing the abutting street or streets in the S-8 zone, or anywhere in the S-16 zone, no change shall be made in the nature as such of the particular activity, except when the result is itself permitted in the same location, unless a conditional use permit is granted pursuant to the conditional use permit procedure. This does not restrict a change in ownership, tenancy, or management where the previous line of business or other function is not changed.
4. For any nonconforming Alcoholic Beverage Sales Commercial Activity presently located in any zone in which it is not a permitted activity, no change shall be made in the activity which change requires obtaining a different type of alcoholic beverage sale retail license from the state of California Department of Alcoholic Beverage Control. Further, no change shall be made in any nonconforming activity involving the sale of alcoholic beverages at a full service restaurant in any location described by Section 17.102.210(B)(2), which change requires obtaining a different type of alcoholic beverage sale retail license from the state of California Department of Alcoholic Beverage Control, unless a conditional use permit is granted pursuant to the conditional use permit procedure in Chapter 17.134.
5. No substitution or other change shall be made in any nonconforming activity which would conflict, or further conflict, with any applicable provision of the performance standards in Chapter 17.120, or of any kind of requirement not mentioned hereinabove which applies to activities.
6. In cases of discontinuance, damage, or destruction, the pertinent provisions of Sections 17.114.050 or 17.114.060 shall also apply.
If the activity resulting from a change allowed above is not a normally permitted and otherwise conforming activity, and is not authorized by a conditional use permit or other special zoning approval, it shall be deemed a nonconforming activity and changes in it shall be subject to this section.
B. Activity Nonconforming for Other Reasons. Except as otherwise provided in Sections 17.114.050 and 17.114.060, an activity which is itself permitted or, upon the granting of a conditional use permit pursuant to the conditional use permit procedure, an activity which is itself conditionally permitted may be substituted for any activity which is itself a permitted activity where it is located and which is nonconforming only as to applicable off-street parking or loading requirements, performance standards, or other requirements applying to activities. Changes other than substitutions may also be made in such activities. However, no substitution or other change shall be made which would create any new nonconformity, or increase any existing nonconformity, with respect to said requirements. (Changes which are allowed by Section 17.116.020B shall not be deemed to conflict or further conflict with the parking or loading requirements.) If the activity resulting from the change does not meet such requirements, and is not authorized by a conditional use permit or other special zoning approval, it shall be deemed nonconforming and changes in it shall be subject to this subsection. (Ord. 12289 § 4 (part), 2000; Ord. 12016 § 2 (part), 1997; prior planning code § 7422)

A. Nonresidential Activity Nonconforming Because It Is Not a Permitted Activity. Except as otherwise provided in Section 17.114.060, a nonresidential activity which is nonconforming wholly or partly because it is not itself a permitted activity where it is located may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed, subject to the requirements normally applying to uses where the activity is located and subject to the following provisions and exceptions:
1. Except as otherwise provided in subsection (A)(3) of this section, the floor area and overall outside dimensions of any building, or portion thereof, devoted to such activity shall not be increased; no open parking, loading, sales, display, service, production, or storage area accommodating or serving such activity shall be relocated or increased in size; and no such building or open area shall be wholly reconstructed. However, in the case of an establishment classified as an Alcoholic Beverage Sales Commercial Activity, the total floor area, open areas, or outside building dimensions occupied by the establishment may be increased as long as the amount of space actually devoted to the sale of alcoholic beverages is not increased by more than twenty (20) percent of that already existing.
2. In the case of an establishment classified as an Alcoholic Beverage Sales Commercial Activity, the percentage of actual floor area devoted to the sale of alcoholic beverages shall not be increased by more than twenty (20) percent of that already existing, except upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134.
3. New, wholly reconstructed, enlarged, or relocated structures or open areas devoted to off-street parking or loading serving such activity may be provided wherever Automotive Fee Parking Commercial Activities are permitted or, upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134, wherever Automotive Fee Parking Commercial Activities are conditionally permitted. In residential zones, such facilities for off-street parking may be provided in the situations, and subject to the conditions, prescribed in Section 17.102.100.
4. New Signs may be provided for such activity, but the aggregate area of display surface of all Signs serving such activity shall not be increased. All Signs shall be subject to the limitations, other than aggregate area of display surface, normally applying to Signs where they are located.
5. During any five-year period, beginning on or after the effective date of the zoning regulations or of any subsequent rezoning or other amendment thereto which makes such activity thus nonconforming, the aggregate cost of all alterations for which a building or sign permit is required, and which are intended for any activity subject to this subsection, shall not exceed twenty-five (25) percent of the replacement cost, as estimated by the Building Services Department, of the facilities accommodating or serving such activity at the beginning of said period. However, the cost of alterations ordered by any governmental agency or permitted by Section 17.114.060 shall be exempt from said maximum cost.
6. No facility accommodating a nonconforming Automotive Servicing or Automotive Repair and Cleaning Commercial Activity shall be altered in exterior appearance, unless plans for the proposal have been approved pursuant to the design review procedure in Chapter 17.136.
7. A nonconforming Automotive Servicing or Automotive Repair and Cleaning Commercial Activity in the HBX-a zone may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed upon the granting of a conditional use permit (see Chapter 17.134) and approval pursuant to the regular design review procedure in Chapter 17.136. This conditional use permit and design review approval may be granted only upon determination that the proposal is adequately buffered from the street and surrounding residential activities through landscaping and fencing.
B. Residential Activity Nonconforming Because It Is Not a Permitted Activity. Except as otherwise provided in Section 17.114.060, a Residential Activity which is nonconforming wholly or partly because it is not itself a permitted activity where it is located may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed, subject to the following provisions:
1. The number of living units shall not be increased.
2. The amount of added or wholly reconstructed floor area devoted to such activity shall not exceed in the aggregate twenty (20) percent of that already existing on the affected lot. If a new or wholly reconstructed floor area is developed, usable open space shall be provided for all living units on the lot in the amount required therefor in the R-60 zone.
3. Existing usable open space shall not be reduced below, or if already less than shall not be reduced further below, the usable open space requirements applying in the R-60 zone.
4. All alterations and other changes shall conform to, or not further conflict with, the minimum yard and court and maximum height requirements and the limitations on Signs generally applying in the R-50 zone, as well as to the requirements generally applying to uses where the activity is actually located.
C. Activity Nonconforming for Other Reasons. Except as otherwise provided in Section 17.114.060, any activity which is itself a permitted activity where it is located and which is nonconforming only as to off-street parking or loading requirements, performance standards, or other requirements applying to activities may be extended, and the facilities accommodating or serving such activity may be altered or otherwise changed, in any way which does not result in a greater degree of nonconformity with respect to such requirements and which conforms to the requirements normally applying to uses where the activity is located. (Ord. 12776 § 3, Exh. A (part), 2006: Ord. 12772 § 1 (part), 2006; Ord. 12240 § 8, 2000; prior planning code § 7423)

Within one year after the effective dates of Sections 17.102.160, 17.102.170 and 17.148.050, all previously legal but now nonconforming adult entertainment and massage service activities shall be discontinued or shall be brought into full conformance with said sections except that such activities may continue for up to an additional two years upon the granting of a conditional use permit, pursuant to Section 17.102.160B and the conditional use permit procedure in Chapter 17.134, and upon a determination that the activity is obligated under a written lease at the nonconforming location which exceeds one year from the effective dates of Sections 17.102.160, 17.102.170 and 17.148.050 or that the activity has incurred such an investment of money in leasehold or other improvements such that a longer period is necessary to prevent undue financial hardship. (Prior planning code § 7425)

Within one year after the effective date of this section or of any subsequent rezoning which makes an existing Scrap Operation Commercial Activity a nonconforming activity, all nonconforming Scrap Operation Commercial Activities located within a residential zone or within one hundred (100) feet of a residential zone and which wholly or partially occupy an open facility shall be discontinued or may continue only upon the granting of a conditional use permit, pursuant to the conditional use permit procedure in Chapter 17.134; provided, however, that if the proposal does not conform to the use permit criteria at Section 17.134.050, but as an alternative a finding is made that the activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, then a conditional use permit shall be granted for a period not to exceed two additional years. (Prior planning code § 7426)

A. When Occupied by Conforming Activity. Except as otherwise provided in Section 17.114.120, a nonconforming facility which accommodates or serves a conforming activity may be altered or otherwise changed, and the lot lines of the lot containing it may be changed, in any way which does not create any new nonconformity or increase the degree of any existing nonconformity with respect to any requirement applying to facilities. Any new, relocated, or wholly reconstructed part of a facility shall itself conform to all applicable such requirements. Nonconforming Residential Facilities containing a total of more than one living unit on a lot, when located in a zone where only one living unit is permitted on a lot, shall be subject to the requirements generally applying in the R-60 zone with respect to side yards opposite living room windows; courts; and usable open space. Nonconforming Nonresidential Facilities which are not themselves permitted facility types in the zone where they are located shall not be increased in floor area or overall outside dimensions; relocated, except to remove a nonconformity; or wholly reconstructed.
B. When Occupied by Nonconforming Activity. Except as otherwise provided in Section 17.114.120, a nonconforming facility which accommodates or serves a nonconforming activity may be altered or otherwise changed, and the lot lines of the lot containing it may be changed, subject to the conditions of Section 17.114.080 as well as those of subsection A of this section. In such a case, new Signs of a type not otherwise permitted may be developed as authorized by subsections A and B of Section 17.114.080.
C. Conversion from Advertising Sign in C-5, C-27, C-31, C-36, S-8, or S-15 Zone. No nonconforming Advertising Sign in the C-5, C-27, C-31, C-36, S-8, or S-15 zones shall be converted, by change of copy or otherwise, to any other type of Sign unless the entire Sign as converted meets all the requirements of said zone for a new Sign, including design review approval.
D. Conversion from Advertising Sign Within One Thousand (1,000) Feet of, and Primarily Viewable from, Rapid Transit Route. No Advertising Sign shall be converted, to any other type of Sign unless the Sign as converted is approved, in a content-neutral manner, pursuant to the design review procedure in Chapter 17.136 and the provisions of Section 17.104.040A. (Ord. 12146 § 2, 1999; Ord. 12073 § 2, 1998: Ord. 11892 § 11, 1996; prior planning code § 7430)

If a nonconforming facility is damaged or destroyed to the extent of not more than seventy-five (75) percent of its current replacement cost as estimated by the Building Inspector, it may be restored to its prior condition. If such damage or destruction exceeds seventy-five (75) percent of said cost, the facility may be restored only as a conforming facility, except that for a Residential Facility restoration may be permitted upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. (Prior planning code § 7431)

On any lot containing a Residential Facility, any open area which is devoted to storage or display of goods or materials shall, within three years after the effective date of the zoning regulations, be either removed or made to conform to the applicable screening requirements of Section 17.110.040A. (Prior planning code § 7432)

In the C-5, C-25, C-27, C-31, C-36, M-10, and M-20 zones, all open storage areas shall, within three years after inclusion in said zones, be either removed or made to conform to the screening requirements of Section 17.110.040B. (Prior planning code § 7433)

A. Basic Requirements. Within the indicated time periods, and except as otherwise provided in subsection B of this section, all nonconforming Signs in the following categories which are located within one thousand (1,000) feet of the centerline of a rapid transit route shall be removed, relocated, or otherwise changed so as to conform:

The Director of City Planning shall determine which Signs are or have become so viewable, subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132.
B. Exception. Any Sign listed in subsection A of this section may be retained permanently if it is approved pursuant to the design review procedures in Chapter 17.136 and the provisions of Section 17.104.040A. (Ord. 12073 § 3, 1998: prior planning code § 7434)

A. Basic Requirements. Within the indicated time periods, and except as otherwise provided in subsection B of this section; all nonconforming Signs in the following categories shall be removed, relocated, or otherwise changed so as to conform. See also Section 17.114.110C.

B. Exception. The Director of City Planning may allow permanent retention of any Sign listed in subsection A of this section upon determination by him or her that the Sign is of high quality or definite historic or cultural value, in scale with its surroundings, not detrimental to other properties, and not so located that it will conflict with trees or other features in the street area. The Director’s determination shall be subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132. (Ord. 12073 § 4, 1998: prior planning code § 7435)

A. Basic Requirements. Within the time periods indicated below for the specified categories, and except as otherwise provided in subsection B of this section, all nonconforming Signs shall be removed, relocated, or otherwise changed so as to conform. See also Section 17.114.110C.

The Director’s determination shall be subject to appeal pursuant to the administrative appeal procedure in Chapter 17.132. (Ord. 12073 § 5, 1998; prior planning code § 7436)

Within three years after inclusion in the C-36 zone, all nonconforming pennants, streamers, propellers, and similar devices shall be removed, relocated, or otherwise changed so as to conform. (Ord. 12073 § 6, 1998: prior planning code § 7437)