Senate Bill 405

Senate Bill 405 provides important protections for property owners with “non-conforming uses” on their property who were forced to abandon their normal activity due to the various state and local COVID-19 restrictions.  It also protects the same properties from the impacts of the 2020 Labor Day wildfires.  When a property is used in a way that was authorized when the use began, but would no longer be authorized under current law, the use is considered “non-conforming”.  For example, a school building that has been used for decades in an area where schools would no longer be allowed under state zoning laws is considered a non-conforming use, and can continue to operate as long as the use isn’t discontinued or abandoned for a certain period of time, usually one year.  If a non-conforming use is discontinued or abandoned for more than the allowed time, it is lost, and cannot be restarted.  This proved to be a real problem for property owners who had non-conforming uses that could not be conducted due to the COVID-19 restrictions imposed by the state or local government, or uses that were lost to the Labor Day wildfires.  It is unfair to punish property owners with non-conforming uses on their property by claiming that the use was abandoned, when the sole reason the use was abandoned was because it was prohibited by a COVID-19 shutdown order or it was destroyed in the 2020 wildfires and couldn’t be rebuilt in time to meet the deadline.  SB 405 fixes that problem.

Read the text of SB 405 here.