Establishment and Proof of Legal Nonconforming Status
Santa Clara City Code § 18.90.020
in effectThe property owner has the burden to prove a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Article.
A. Property Owner’s Responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject use or structure is a legal nonconformity.
B. City is Not Responsible. The City is not responsible to prove the legal status of the nonconformity.
C. Director’s Determination.
1. The process begins with the property owner submitting sufficient written evidence to the Director demonstrating that the nonconformity is legal and subject to the protected status specified in this Article.
2. The Director may decide the matter favorably based on the documentation provided. In the alternative, the Director shall conduct an administrative hearing and provide notice of the hearing to the property owner in compliance with Chapter 18.146 (Public Notices and Hearings).
3. If an administrative hearing is conducted, the property owner shall have the opportunity to appear and provide oral testimony and present evidence on the legality of the nonconformity.
4. The Director shall consider the testimony and evidence and make a determination as to the legality of the nonconformity and the available protections provided by this Article.
5. The Director’s determination of legal nonconformity shall be appealable as specified in Chapter 18.144 (Appeals).
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026