HomeMy WebLinkAbout74-58 Amending Portions of Section 13-321 Municipal Code; Nonconforming Buildings and Nonconforming Uses1 ORDINANCE NO. 74- S$
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
3 AMENDING PORTIONS OF SECTION 13-321 COSTA MESA MUNICIPAL
CODE MAKING TECHNICAL CORRECTIONS TO DISTINGUISH BETWEEN
4 NONCONFORMING BUILDINGS AND NONCONFORMING USES AS AFFECTED
BY SAID SECTION, j:AKING NO SUBSTANTIVE CHANGES AND SETTING
5 FORTH REASONS THEREFOR.
6 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
7 FOLLOWS:
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SECTION 1: The City Council of the City of Costa Mesa finds and
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declares that the words "nonconforming uses" and "nonconforming buildings"
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11 have different legal and technical meanings in ther:ield of planning and zoning.
12 The City Council further finds and declares that said terms have been used in
13 a confusing manner in Section 13-321 of the Costa Mesa Municipal Code. The
14 City Council further finds and declares that said terms appear to have been
15 interchangable despite their separate and distinct legal and technical
16 meaning in the field of zoning and planning. The City Council further finds
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and declares that certain portions of Section 13-3:'1 should be amended to
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clarify and distinguish said terms, said amendments to make no substantive
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20 changes.
21 Accordingly, subsections 1, 3, 5 and 6 of Sections 13-321 and subsectic
22 3 of Section 13-352 of the Costa Mesa Municipal Code are hereby amended to
23 read as follows:
24 SECTION 2: Section 13-321 Nonconforming Uses: Subsection (1)
25 is hereby amended to read as follows:
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"(1) Any nonconforming use whether housed in a conforming or
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nonconforming building in any zoning district may be continued and maintained
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29 for a period representing the useful life of said building as herein described:
30 (a) Type I or II buildings - Forty (40) years
31 (b) Type III or IV buildings - Thirty (30) years
32 (c) Type V buildings - Twenty (20) years."
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SECTION 3: Section 13-321 Nonconforming Uses: Subsection (3)
is hereby amended to read as follows:
"(3) Nonconforming uses whether housed in a conformi-g or non-
conforming building may be continued as herein described; )iovided said
structure is not added to or structurally altered unelss required by law."
SECTION 4: Section 13-321 Nonconforming, Uses: Subsection (5)
is hereby amended to read as follows:
"(5) When a building housing a nonconforming use is destroyed
by fire, explosion or wrongful Act of the owner, Ict of God or Act of a common
public enemy to the extent of more than fifty percent (50%) of the value of
that building, then, and without further action by the City Council, the
reconstruction shall conform to all zoning district requirements as set forth
in said zoning district in which the nonconforming use was located."
SECTION 5: Section 13-321 Nonconforming Uses: Subsection (6)
is hereby amended to read as follows:
"(6) Any portion of a conforming or nonconforming building occupi
as a nonconforming use if altered or changed to be occupied as a conforming use
shall not thereafter be used for a nonconforming use."
SECTION 6: Section 13-352 Public Hearing Notices by Mailing Only:
Subsection (3) is hereby amended to read as follows:
"(3) A zone exception permit may also be granted under this
section for the reconstruction or remodeling of conforming or nonconforming
buildings housing nonconforming uses if such permit will, in the City Council'i
judgment, after recommendation by the Planning Commission bring such building
and subsequent use into greater conformity with the use permitted in the zoning
district."
SECTION 7: This ordinance shall take effect and be in full force
and effect thirty (30) days from and after its passage, and before the expira-
tion of fifteen (15) days after its passage, shall be published once in the
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Orange Coast Daily Pilot, a newspaper of general circulation printed and
published in the City of Costa Mesa, together with the names of the members
of the City Council voting for and against the same.
PASSED AND ADOPTED this gK day of . 1974.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa r a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and foregoing
Ordinance No. Zi -S. was introduced and considered section by section at a
regular meeting of said City Council held on the 15r, day of
1974and thereafter passed and adopted as a whole at a regular meeting of said
City Council held on the .5AL day of �� `, 1974 by the
following roll call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of
the City of Costa Mesa this 6,A day of 1974.
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City Clerk and ex -officio Cl=dmesa
the
City Council of the City of