Loss of Nonconforming Status in the City of Concord
A nonconforming use of land or a nonconforming physical improvement in the City of Concord loses its legal status if the use is discontinued for a continuous period of 365 calendar days or more. Additionally, nonconforming status terminates if a structure is involuntarily damaged or destroyed by a calamity and the cost to repair or replace the damaged portion exceeds 50 percent of its assessed value.
Discontinuance of Use
In the City of Concord, if a nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or the use of nonconforming physical improvements is discontinued for a continuous period of 365 calendar days or more, all rights to legal nonconforming status are terminated [Section 18.530.040(A)].
The City of Concord Planning Division determines discontinuance based on evidence such as:
- The removal of equipment, furniture, machinery, structures, or other components of the nonconformity.
- Disconnected or discontinued utilities.
- The absence of business receipts or records to document continued operation [Section 18.530.040(A)].
Once the nonconforming status is lost, any further use of the land, structure, or physical improvements must comply with all regulations of the applicable zoning district and all other applicable provisions of the City of Concord Development Code and city-adopted design guidelines [Section 18.530.040(A)].
Destruction of Nonconforming Structures
Nonconforming status terminates if a nonconforming structure, a conforming structure occupied by a nonconforming use, or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, subject to specific thresholds [Section 18.530.040(B)].
Reconstruction Thresholds
| Damage Level | Restoration Requirement |
|---|---|
| 50 percent or less of assessed value | May be restored to the same size and the use continued; provided, that permits are obtained and work starts within 180 days of the damage and is pursued to completion within 12 months [Section 18.530.040(B)]. |
| Greater than 50 percent of assessed value | The structure or physical improvement shall not be reconstructed, repaired, or restored except in full conformity with the requirements of the applicable zoning district [Section 18.530.040(B)]. |
Note: Special provisions apply for single-family, duplex, and multifamily structures as provided in Section 18.530.060(B).
Sections Cited
- Section 18.530.040
- Section 18.530.060