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HomeMy WebLinkAbout84-25 Concerning Non-Conforming Uses1' ) ORDINANCE NO. 84-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA CONCERNING NON -CONFORMING USES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 1. It is in the public interest to control uses that do not conform to the provisions of the Land Use Ordinance and to encourage their conver- sion to conforming uses; 2. The non -conforming use of land or buildings can pose a threat to the public health, safety and general welfare; ACCORDINGLY, the City Council of the City of Costa Mesa hereby. amends Title 13 of the Costa Mesa Municipal Code as hereinafter set forth: SECTION 2. 1. Repeal Sections 13-321 and 13-416.3. 2. Add Section 13-48.9 as follows: "Development. Physical Improvements to the land including struc- tures, parking, landscaping, etc." 3. Amend Section 13-61 to read: "Nonconforming use, structure, or development. Any use, struc- ture or development which was legally established but which no longer con- forms to the regulations of the district in which it is located because of rezone of the site or amendment of the regulations concerning the zone." 4. Adopt Chapter IV as follows: Chapter IV Non -Conforming Uses Section 13-522. Categories of Non -Conformity. s The following categories of non -conformity are hereby recognized: 1. Non -Conforming Lots and Parcels 2. Non -Conforming Use of Land or of Land With Minor Structures Only 3. Non -Conforming Use of a Conforming or of a Non -Conforming Develop- ment 4. Conforming Use of a Non -Conforming Development 5. Non -Conforming Mobile Hame Parks 6. Non -Conforming Dwelling Units Section 13-523. General Provisions. 1. No existing development devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in chang- ing the use of the development to a use permitted in the district in which it is located. Ordinary maintenance shall be permitted. 2. Nothing in this Chapter shall be deemed to prevent the streng- thening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official or to prevent alterations necessary for compliance with requirements of other governmental agencies. 3. When a non -conforming use is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when goverment action impedes access to the premises) or when it is re- placed for any time period by a conforming use, the development shall not thereafter be used except in conformity with the regulations of the district in which it is located. For purposes of this Chapter, discontinued use shall not require a determination of the voluntary or involuntary nature of the discontinuance or the intent to resume the non -conforming use. - 2 4. Rebuilding After Destruction. a. Should a non -conforming commercial or industrial development or non -conforming portion of commercial or industrial development be de- stroyed by any means to an extent of more than 50 percent of the market value it shall not be reconstructed except in conformity with the provisions of this Chapter. b. Should a non -conforming canmercial or industrial development or non -conforming portion of a commercial or industrial development be de- stroyed by any means to an extent of fifty (50) percent or less of the market value, the structure may be restored and the occupancy or use of such struc- ture or part therof may be continued or resumed provided: (1) Such restoration is of an equal or lesser degree of non- conformity; (2) Such restoration is started within a period of one year and is carried out diligently to completion; (3) Such damage or destruction is not intentionally caused by the owner. c. For purposes of determining the extent of destruction, the Development Services Director may use sources such as Fire Incident'Reports, insurance estimates, reports by qualified appraisers, reports by building officials, et cetera. Section 13-524. Non -Conforming Lots and Parcels. 1. Any lot or parcel having an area less than the minimum size re- quired or having a frontage or width less than the minimum prescribed by this Title is a non -conforming lot or parcel if it was legally created under applicable State and City Codes. - 3 - 2. Uses permitted in the zone shall be permitted on non -conforming lots, subject to all other property development standards of the zone. 3. When two or more contiguous non -conforming lots or parcels or portions of lots or parcels are held under common ownership, they shall be seemed merged when and as provided.for in the Subdivision Map Act (Sections 66410 to 66499.58 of the California Government Code). Section 13-525. Non -Conforming Use of Land or Land With Minor Struc- tures Only. Where a use exists whichisnot permitted in a particular zone"and where such use involves no individual structure with a replacement cost ex - needing $5,000, the use shall be deemed a "non -conforming use of land or land with minor structures only". Legally established agricultural uses may continue until the land is developed. 1. No such non -conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time it became non -conforming. 2. No such non -conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use.at the time the use became non -conforming. 3. No additional structure not conforming to the requirements of this Title shall be erected in connection with such non -conforming use of land. 4'. If such a non -conforming use is discontinued or abandoned for any period of time, all subsequent uses shall conform to the provisions'of this Title. 5. In any event, all non -conforming uses of land or of land with minor structures only shall cease within five years of adoption of this Chapter - 4 or of becoming non -conforming, whichever is later, and may not be re- established except in accordance with this Title. Section 13-526. Non -Conforming Use of a Conforming or Non -Conforming Development. 1. When a legally established use which is,no longer permitted in a particular zone exists in that zone it shall be deemed a "Non -Conforming Use 2. If no structural alterations are made, any non -conforming use may be changed to another non -conforming use provided that the Development Services Director finds that the proposed use is equally appropriate or more appropriate to the district than the existing non -conforming use. In permitting such a change, the Development Services Director may require appropriate conditions and safe -guards in accordance with the provisions of this Title and/or may require reasonable alterations to the premises to bring them into greater conformance with the requirements for the district. 3. If a non -conforming development or portion of a development con- taining a non -conforming use becomes physically unsafe or unlawful because of lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter. be restored, repaired, or rebuilt except in conformity . with the regulations of the district in which it is located. 4. All non -conforming uses of structures designed for residential use which are in residential zones shall cease within five years of adoption of this Chapter or of becoming non -conforming, whichever is later, and may not be re-established except in accordance with this Title. If such a non- conforming use is discontinued or abandoned for any period of time,'all subsequent uses shall.conform to the provisions of this Title. - 5 - Section 13-527. Conforming Use of a Non -Conforming Development. 1. When a use which is permitted in a particular zone exists in that zone in a development which does not conform to the requirements of'that zone, it shall be deemed a "Conforming Use of a Non-Confoftning Development". 2. If the development has less parking than required for the existing use, an existing use may not be replaced with a use requiring more parking unless the additional parking required for the new use is provided., Other uses on the same site may continue with the existing, non -conforming park- ing. 3. _Additions may be made to non -conforming developments housing conforming uses, provided that the addition itself canplies with all appliable sections of this Title and other Codes. In permitting such an addition, the Development Services Director may require appropriate condi- tions and safeguards in accordance with the provisions of this Title and/or may require reasonable alterations to the premises to bring them into greater conformance with the requirements for the district. Section 13-528. Non -Conforming Mobile Hane Parks. 1. When a mobile home park is located in a zone which is not desig- nated for residential use, or when it fails to meet development standards for the zone in which it is located, it shall be deemed non -conforming. 2. Regardless of the conformity or non -conformity of a mcbile,hame park, a Conditional Use Permit shall be required prior to its conversion to any other use. The impact of such conversion on residents of the mobile have park shall be duly considered as required by the California Goverment Code. 3. Nonconforming mobile home parks may continue unless and until no one resides on the premises for a continuous period of six (6) months. Section 13-529. Non -Conforming Dwelling Units. 1. A "non -conforming dwelling unit" is a dwelling unit which does not conform to the development standards required by this Title or which is located in a district in which it would not be permitted under this Title. 2. Additions may be made to non -conforming dwelling units in residen- tial zones, provided that the addition itself camplies with all applicable sections of this Title and other Codes, that the addition does not occupy the only portion of an area which can be used for required garages or park- ing space or access thereto, and that the development will not be made more non -conforming. 3. Rebuilding After Destruction. (a) Should a non -conforming dwelling unit in a residential zone be destroyed by any means, to any extent, the damage may be restored and the occupancy continued or resumed provided: (1) Such restoration is of an equal or lesser degree of non -conformity; (2) Such restoration is started within a period of one year and is carried out diligently to canpletion; (3) Such damage or destruction is not intentionally caused by the owner. (b) Should a legally constructed dwelling unit in a cc mercial or industrial zone be destroyed by any means to an extent of more that 50 per- cent of the market value it shall not be reconstructed. (c) Should a legally constructed dwelling unit in a camnercial or industrial zone be destroyed by any means to an extent of fifty (50) per- cent or less of the market value, the structure may be restored and the occupancy or use of such structure or part thereof may be continued or - 7 - resumed provided: (1) Such restoration is of an equal or lesser degree of non- conformity; (2) Such restoration is started within a period of one year and is carried out diligently to canpletion; (3) Such damage or destruction is not intentionally caused by the owner. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting PASSED AND ADOPTED this 18th day of ATTEST: Deputy Cit)f Clerk of the City of Costa Mesa APPROVED AS TO IFOR CITY ATTORNEY- STATE OF CALIFORNIA ) COUN'T'Y 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 fore- going Ordinance No. 84-25 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of June, 1984, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of June, 1984, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None, ABSENT: COUNCIL MEMBERS: Johnson IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of June, 1984. City Clerk and ex -officio Clerk of e -' City Council of the City of Costa Plesa 1 _ _ By: � _ Deputy Ci Clerk