Pettitt

The principal question in this case is whether a municipality can be estopped to deny the validity of a building permit issued in violation of a zoning ordinance.

In 1963 William H. Pettitt and Loretta P. Pettitt, his wife (hereinafter “Pettitts”), were contemplating the purchase of the premises at 3115-3117 North Wilson Street, Fresno, for the purpose of converting the existing building on the property into a beauty salon. The single-story building was divided into two parts with separate entrances and addresses on the west side of Wilson. 3115 North Wilson had approximately 560 square feet and was an apartment and 3117 North Wilson had approximately 1,200 square feet and was a vacant bread store.

The area in which the building is located was zoned for single-family residences. However, since the building existed at the time the zoning ordinance was adopted, 3115 had a permitted nonconforming use of multiple residential, and 3117 of retail commercial uses, both of which nonconforming uses would not terminate until June 11, 1980.

On December 16, 1963, pursuant to request, a letter was sent from the Planning Department of the City of Fresno (hereinafter the “City”) to…