Discontinuation and Loss of Nonconforming Status in Concord
In the City of Concord, the nonconforming status of a land use is terminated if the use is discontinued for a continuous period of 365 calendar days or more. Once this period expires, all rights to legal nonconforming status are lost, and any subsequent use of the land or structure must fully comply with all regulations of the applicable zoning district [Section 18.530.040].
Determination of Discontinuance
The City of Concord Planning Division determines whether a nonconforming use has been discontinued based on objective evidence. This evidence may include, but is not limited to:
- The removal of equipment, machinery, furniture, or other components associated with the nonconforming use.
- The disconnection or discontinuation of utility services to the property.
- The absence of business receipts or operational records that would otherwise document continued activity [Section 18.530.040].
Involuntary Damage and Reconstruction
If a nonconforming structure or a structure housing a nonconforming use is involuntarily damaged or destroyed by fire, earthquake, explosion, or other calamity, the nonconforming status may be preserved under specific conditions related to the extent of the damage:
| Damage Level | Restoration Requirements |
|---|---|
| 50 percent or less of assessed value | May be restored to the same size and use, provided permits are obtained within 180 days of the damage and work is completed within 12 months of permit issuance [Section 18.530.040]. |
| Greater than 50 percent of assessed value | The structure or physical improvements may not be reconstructed, repaired, or restored, except in full conformity with the current requirements of the applicable zoning district [Section 18.530.040]. |
Impact of Annexation
For properties annexed into the City of Concord, uses, structures, and physical improvements that lawfully existed on the date of annexation but do not conform to current development code standards are deemed nonconforming [Section 18.530.060]. These nonconforming uses and structures may continue to exist following annexation, subject to the regulations set forth in the Concord Development Code [Section 18.530.060].
Sections Cited
- Section 18.530.040 (Loss of nonconforming status)
- Section 18.530.060 (Exemptions)