Reinstatement permit.
San José Municipal Code § 17.44.080
in effect17.44.080 - Reinstatement permit.
A. Prior to the issuance of a notice and order pursuant to Section 17.44.110, or the time Indicated on any such notice which may have been issued or within such later time as is set by the designated commission, a reinstatement permit shall be issued if the applicant demonstrates to the satisfaction of the city manager that:
1. The gasoline service station was not a legal nonconforming use.
2. Such reinstatement is in conformity with any site development or conditional use permit previously issued pursuant to Title 20 of this Code.
3. All buildings or structures on the premises have been inspected and found to be in compliance with all city ordinances and state law provisions applicable to such occupancy.
4. The testing required by Section 17.44. 070 has been completed and all required cleanup has been accomplished.
5. A hazardous materials permit pursuant to Chapter 17.68 has been issued.
6. The reinstatement fee has been paid as specified in the schedule of fees adopted by resolution of the city council.
B. After all time periods specified in subsection A above have expired, no reinstatement of use of the premises as a gasoline service station, pursuant to this section, shall be permitted. Any reinstatement of use shall be treated as a new use for purposes of Title 20 and shall be required to comply with all permit requirements thereof.
(Ord. 21972.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.44ABABSEST_PT1GEPRDE_17.44.080REPEFetched: 11/1/2026