Expiration of Nonconforming Use Status in Grass Valley

In the City of Grass Valley, a legal nonconforming land use or the nonconforming use of a conforming structure generally loses its legal status if it is discontinued for a continuous period of 12 months or more. Nonconforming signs are subject to a stricter standard and are deemed abandoned if the use is interrupted for a period of 90 days or more. Once these time limits are exceeded, any subsequent use of the site or structure must comply with the current regulations of the applicable City of Grass Valley zoning district [Section 17.90.050.A, Section 17.38.090.B.2].

General Nonconforming Use Termination Standards

For most land uses and structures within the City of Grass Valley, the City Code enforces a specific timeframe regarding vacancy and the cessation of activity. If the Community Development Director determines that a nonconforming use has been discontinued, the legal protections allowing that use to deviate from current zoning standards are revoked.

Type of Nonconformity	Discontinuation/Vacancy Limit	Extension Availability
General Nonconforming Use (Land or Structure)	12 continuous months	Up to 12 additional months via Minor Use Permit
Nonconforming Sign	90 continuous days	Not available
Sign on a Vacated Building	90 continuous days	Not available

Determination of Discontinuation

The City of Grass Valley Community Development Director bases the determination of discontinuation on physical evidence. This evidence includes, but is not limited to, the removal of equipment, furniture, machinery, or structures, as well as the disconnection of utilities or the absence of business records documenting continued operation [Section 17.90.050.A.2].

Extensions for General Uses

A property owner may request an extension of the initial 12-month period. The City of Grass Valley may grant a Minor Use Permit to allow for an extension of an additional 12 months (for a total of 24 months). To qualify, the Community Development Director must find that circumstances of a significant or unusual nature—such as a natural disaster—prevented the timely reestablishment of the nonconforming use or structure [Section 17.90.050.A.3].

Termination of Nonconforming Signs

The City of Grass Valley applies much shorter vacancy windows to nonconforming signage than to general land uses. Under the City of Grass Valley Development Code, the loss of status for signs is handled as follows:

Abandonment: An interruption in the use of a nonconforming sign for 90 days or more is automatically deemed an abandonment. Any subsequent use of the sign must comply with all current standards of the City of Grass Valley [Section 17.38.090.A.2].
Business Discontinuance: A nonconforming sign cannot be re-established if the associated business has been discontinued for 90 days [Section 17.38.090.A.1.d].
Vacated Buildings: Any sign located on a site that has been vacated for 90 days or more must be immediately removed by the owner. If the owner fails to remove the sign after a 15-day notice from the Community Development Director, the City of Grass Valley may remove the sign at the owner's expense [Section 17.38.100.A].

Impact of Termination

Once the rights to a legal nonconforming status have terminated due to vacancy or discontinuation, the property or structure loses its "grandfathered" protections. The City of Grass Valley requires that any further use of the site or structure must comply strictly with the regulations of the current zoning district and all other applicable provisions of the City of Grass Valley Development Code [Section 17.90.050.A.4].

Sections Cited