Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Additional Government Code Provisions

Provisions Relating to Notice of Zoning, Variance or Conditional Use Change

TITLE 7. PLANNING

Chapter 4. Zoning Regulations

65863.4. Nonconforming use ordinance. (a) Prior to noticing a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, the planning commission and legislative body shall approve a nonconforming use ordinance for multifamily dwellings that are involuntarily damaged or destroyed, which may be conditioned on the approval of an ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses.

(b) The planning commission and legislative body shall hold a public hearing on the proposed nonconforming use ordinance. Notice of the public hearing shall be given pursuant to Section 65090. If this hearing is held at the same time as a hearing under Section 65353 or 65854, notice for the hearings may be combined.

(c) A nonconforming multifamily dwelling ordinance need not apply to multifamily dwellings which have been abandoned for a specified period prior to being involuntarily damaged or destroyed, or to multifamily dwellings constituting a public nuisance prior to being involuntarily damaged or destroyed.

(d) For purposes of this section, "multifamily dwelling" means any structure designed for human habitation that has been divided into two or more legally created independent living quarters.

(e) This section shall not apply to either of the following:

(1) A city, county, or city and county that has adopted a nonconforming use ordinance that applies to multifamily dwellings that are involuntarily damaged or destroyed.

(2) A proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, that has been requested by the owner of the property authorized for multifamily dwelling uses.

History.—Added by Stats. 1993, Ch. 969, in effect January 1, 1994.

65863.5. Notice of change. Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is grantedf with respect to any property, the governing body of the city or county shall, within 30 days, notify the county assessor of such action.

Notwithstanding Section 65803, this section shall apply to charter cities.

History.—Added by Stats. 1974, Ch. 299, p. 573, in effect January 1, 1975. Stats. 1975, Ch. 1022, p. 2414, in effect January 1, 1976, renumbered the section which was formerly numbered 65862, and added the balance of the first paragraph after "such action". Stats. 1980, Ch. 411, in effect July 11, 1980, operative January 1, 1981, deleted the balance of the first paragraph after "such action".