PROCEDURE TO ESTABLISH
A LEGAL NON-CONFORMING USE
To establish a "legal non-conforming" (grandfather) status of the use of a parcel, sufficient information must be submitted to the Community Development Department to clearly support that the use was established prior to the zoning of the property and continued to the present.
Information which may be submitted for review includes:
Copies of information from the Assessor's Office (313-7400) indicating the current use code, how long the property has been assessed for that use, and a history of assessment from prior to 1948 to the present.
Three declarations under oath from people with personal knowledge of the property and its uses from March 1947 to present. These statements should be on the form provided, be in the words of the signer of the form, explain the nature of the use(s) and how the person knows of the use. These statements may include supporting documents such as receipts, photographs, etc. These statements must be notarized.
When the use of existing buildings is involved, additional resources may include:
Copies of all building permits issued for the site (this may be obtained from the Building Inspection Department, Records Section 335-1177).
A statement from P.G.&E. regarding the number and type of meters (residential / commercial etc.) provided to the site and the length of time each meter has been provided.
A statement from the sanitary district, County Health Department or water district regarding the type of service to the site (i.e., single family residential, multi-family residential, commercial, or industrial), how long the service has been provided, and the number of connections or septic tanks allowed.
If staff is required to research your request, you may be required to pay the cost of staff time and materials.
If you have any questions regarding the establishment of a legal non-conforming use, please contact a Community Development Department representative at the Application and Permit Center (646-1600).