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HomeMy WebLinkAboutOrdinances_2859 ORDINANCE NO 2859 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 18 184 OF THE REDLANDS MUNICIPAL CODE RELATING TO NONCONFORMING BUILDINGS AND USES THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1 Chapter 18 184 of the Redlands Municipal Code, entitled "Nonconforming Buildings and Uses," is hereby amended to read as follows "Chapter 18 184 NONCONFORMING BUILDINGS AND USES I8 184 010 APPLICABILITY OF REGULATIONS IS 184 020 NONCONFORMING BUILDINGS, CONTINUATION CONDITIONS 18 184 030 NONCONFORMING USES, CONTINUATION CONDITIONS IS 184 040 NONCONFORMING LOTS I8 184 050 APPEALS 18.184.010: APPLICABILITY OF REGULATIONS- The following regulations, set out in this chapter, shall apply to all nonconforming buildings and nonconforming uses of land A This Chapter provides fon the orderly termination of nonconforming rights for lots, structures and uses that were established but, due to ievisions to the provisions of the Zoning Code, no longer comply The orderly termination of legally established nonconfoiimng lots, structures and uses is necessary to promote the public health, safety and general welfare, and to bring such lots, structures and uses into conformity with the goals, objectives and policies of the Zoning Code and the City's General Plan Where a lot, structure of use is referred to as nonconforming it shall mean that it is legally nonconforming B This Chaptei Iii-nits the expansion of nonconforining lots, structures and uses and establishes the circumstances under which they may be continued, and provides for the correction, maintenance, and removal of such lots, structures and uses C The City finds that nonconforiniing lots, structures and uses within the City, both those that ane legally established and those that are illegal, are detrimental to the orderly development of the City and are detrimental to the health, safety, peace, comfort and general welfare of persons and pioperty within the City I \cclerk\Ordinances\Nos 2800-2899 in Word\2859 Nonconforming Building corrected docx D Nonconforming lots, structui es, and uses shall be eliminated as set forth in this Chapter and without iinfriinging upon the constitutional rights of the owners of legally-established nonconforming properties E Lots, structures, and uses not having previously acquired propel permits are illegal and subject to immediate abatement This Chapter does not grant any right to continue occupancy of property containing an illegal use of structure F It shall be the property owner's responsibility to provide evidence or information to justify the establishment of nonconforming rights G A change in ownership of tenancy without any change in use, occupancy, of development shall not affect any of the legal inonncoinforrmiing rights, privileges, and responsibilities provided under this Chapter H A use that does not conform with the loading, parking, planting area, or scieenmg standards of the zoning district in which it is located shall not be deemed a nonconforming use solely for these i easons 18.184.020: NONCONFORMING BUILDINGS; CONTINUATION CONDITIONS- Any uses on the land existing at the tune of adoption of City of Redlands Ordinance No 1000 (August 1955), whether housed in structures or outside the structures, not in conformity with the uses permitted u this title, are hereby declared to be nonconforming uses Such uses shall be permitted to continue, except as provided below A Any nonconforming building in a iesidential district may be continued and maintained for the following period, iepresenting the useful life of the class of building, as defined in the California Building Code 1 Class 1 or 2 masonry Forty(40) years, 2 Class 3 or 4 construction, fie resistant Thirty(30) years, Class 5 construction, frame Twenty(20) years B Ordinary repai and maintenance may be performed on a nonconforming structure or site C Except as otherwise provided for nonconforming single-family of multi-farnily residential uses, of for historical buildings of contributing buildings m a historic district, nonconforming buildings may be continued if such buildings are not added to or structurally altered, other than as requied by law, or as provided for in subsection B, above D Except as otherwise provided for nonconformming single-family of multi-family residential uses, of for historical buildings or contributing buildings in a historic district, any part of a building occupied by a nonconfoirrung use, which use is discontinued for a period of one hundred eighty(180) 1 \cclerk\Ordinances\Nos 2800 2899 in Word\2859 Nonconforming Building corrected docx consecutive days or more, shall thereafter only be used in conformity with the provisions of the zoning district in which it is located Discontinuation shall mean any termination of a use, regardless of intent to resume the use Payment of a valid business license or business tax certificate shall in and of itself not be considered to be a continuation of the use E The provisions of this title shall not prevent the reconstruction, repairing or rebuilding, and the continuing use of any nonconforming building, or buildings, damaged by fire, explosion or act of God of the public enemy subsequent to the adoption of Redlands Ordinance No 1000, wherein the cost of such reconstruction, repairing or iebuildnng does not exceed fifty percent (50%) of the reasonable replacement value The damaged use or structure may be rebuilt and resumed provided that a building permit fai the reconstruction of repair is issued within twenty four (24) months after the date of destruction, and the reconstruction of repan is diligently pursued to completion F The extent of damage of partial destruction shall be determined by connparing the estimated cost of restoring the structure to its condition before the damage of partial destruction, to the estimated cost of duplicating the entire structure as it existed before the damage or destruction occurred Estimates fol this purpose shall be reviewed and approved by the Budding Official and the Development Services Director, or their respective designees, and shall be based on the minimum cost of construction in compliance with the California Building Code For the purpose of this Section, "assessed value" shall rnean the assessed value of the structure as shown on the county of San Beinaidrno property assessment roll in effect at the time of the occurrence of the casualty, or at the time the repan and mauitenance is first conducted G Except as otherwise provided for nonconforming single-family or multi-family residential uses, of for historical buildings or contributing buildings in a historic district, when the destruction exceeds fifty percent (50%) of the nonconforining structure is voluntarily demolished of is required by law to be demolished, the structure shall not be restored except in full conformity with the regulations of the zone in which it is located H Nothing in this Chapter shall be deemed to prevent the construction, enlaigerment, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming structure nn the following mariner 1 Elimination of nonconformity The work shall be allowed in order to render the use of structure in conforinity with this Zonmg Code 2 Compliance with laws The work shall be allowed in order to comply with law 3 Seismic retrofitting/Building Code compliance Repairs or alterations otherwise required by law shall be allowed in the following cacumstances a Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards in compliance with Title 15 (Buildings and Construction) of this Code, and, b Reconstruction iequired to comply with the City's adopted Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards and/or other I \cclerk\Ordinances\Nos 2800-2899 in Word\2859 Nonconforming Building corrected docx applicable Building Code requirements, including State law (e g, Title 24, California Code of Regulations, California Historical Building Code, etc ) 4 Alt eiation or enlargement of a noncoinforiiiing structure a A nonconforming structure shall not be altered of enlai ged so as to furthei increase the difference between existing conditions and the current development standards identified for the subject zoning district, unless a variance is obtained in compliance with this Code Alteration and enlargement may occur, but only in compliance with the current applicable development standards b A nonconforming structure shall not be enlarged of moved unless the cnlai gement of new location conforms to the current development standards identified foi the subject zoning district 5 Alteration or enlargement of a nonconforming use shall require a permit a A nonconforming use may not be altered or enlarged unless a buildung permit is first obtained, in compliance with the applicable Title of this Code b The use shall comply with the performance standar ds and applicable development standards foi the subject zoning district c There shall be no expansion of a nonconforming use onto an additional lot, adjacent or otherwise I Nonconforming single-faintly residential uses that have been discontinued for a period of one hundred eighty(180) consecutive days or more, or involuntarily damaged of destroyed by more than fifty percent (50%) by a catastrophic event (e g , fire or other calamity, by act of God, or by the public enemy), may be reconstructed of replaced with a new structure using the same development standards applied to the damaged of destroyed structure (e g , setbacks, square footage, building height, and density standards), if the Development Services Director, or his or her designee snakes affirmative deterimnation of all of the following findings 1 The applicant provides documentation satisfactory to the Development Services Di-ectoi of his/her designee supporting the claim that the damage of destruction occurred involuntarily, 2 The replacement structure is in compliance with current Building Code, and, 3 A Building Perinit is issued within twenty four(24) inonths after the date of destruction and the construction is diligently pursued to completion If the preceding requi ements are not met, the replacement structure shall comply with all requirements of this Code J A nonconforming single-family residential use located in a non-residential zone may be expanded or enlarged by no more than twenty-five percent (25%) of its legal floor area that was existing at the time of adoption of this ordinance, whether by single or multiple addition(s) Any existing dwelling that is enlarged by the addition of one of more bedrooms shall be required to provide off-street parking facilities m accordance with the provisions of this title K Nonconforming nnulti-family dwelling units (including the residential component of a mixed-use project) that have been involuntarily damaged or destroyed by more than fifty percent (50%) by a catastrophic event (e g , fie of other calamity, by act of God, of by the public enemy) may be I \cclerk\Ordinances\Nos 2800-2899 in Word\2859 Nonconforming Building corrected docx reconstructed of replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e g , setbacks, square footage,building height, and density standards) in compliance with State law (Governinent Code Section 65852 25), if the Development Services Director of his/her designee makes affirmative determination of all of the following findings 1 The applicant provides documentation satisfactory to the Development Services Director of his/her designee supporting the claim that the damage or destruction occuried involuntarily, 2 The reconstruction, restoiation, or rebuilding of the nonconforming multi-family residential use will not adversely affect of be detrimental to the health, safety, and geneial welfare of persons residing or woiking in the neighborhood, and will not be detrimental of injurious to property of impiovements in the neighboihood, 3 No expansion of the gross flooi area occurs, 4 The replacement structure is in compliance with current Building Code, and, 5 A Building Permit is issued within twenty four (24) months aftei the date of destruction and the construction is diligently pursued to completion If the preceduig requirements aie not met, the replacement structure shall connply with all current iequnements of this Zoning Code in effect on the date a Building Permit is issued L Where parking facilities ate insufficient to meet the standards set in this title, of where no such parking facilities have been provided for buildings constructed prior to the effective date hereof, such buildings may not be altered, nor may additional facilities or square-footage be provided within such buildings until after the requirements for off street parking shall have been satisfied for those facilities or square-footage added or enlarged M Any portion of a nonconforming building of use, which is altered of changed to a conforming use, may not thereafter be used foi a nonconforming use 18 184 030 NONCONFORMING USES, CONTINUATION CONDITIONS• A Uses Of Land The nonconforming use of land, where no structures are involved, may continue for a period not to exceed five (5) years after the effective date hereof, subject to the following conditions 1 No such noncoinforming use of land shall be expanded or extended in any way, either on the saine or adorning property, 2 Where such nonconforming use of any portion thereof is discontinued for one hundred eighty (180) consecutive days, or changed, any future use of the land shall be in conformity with the provisions of this title 3 Such use shall not be moved in whole or in part to array other portion of the lot or parcel of land occupied by such use when the use became nonconforming 1 \cclerk\Ordinances\Nos 2800 2899 in Word\2859 Nonconforming Building corrected docx 4 If provision is made foi the termnmation of such use, any use of such land after ternmation shall conform to the requirements of this chapter for the zone in which it is located 5 Discontinuation shall mean any termination of a use, i egardless of intent to resume the use B Signs And Advertising Structures Any sign, billboard of conumeicial advertising structure which lawfully existed and was maintained at the time the ordinance codified in this title became effective, may be continued, providing no structural alterations are made thereto and that all such nonconforining signs, billboards of comimetcial advertising structures shall have been removed from the district not later than five (5) yeais from such effective date 18 184 040• NONCONFORMING LOTS: A Determination of nonconforming status A nonconforming lot of record that does not comply with the current access, area, or dimensional tequiieiments of this Zoning Code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this Section The applicant shall be responsible for providing sufficient evidence to establish the applicability of one of mare of the following to the satisfaction of the Development Services Duectoi or his/her designee I Approved subdivision The lot was created through a subdivision approved by the City or the County, before incorporation 2 Individual lot legally created by deed The lot is under one ownership and record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the lot nonconforming of before the City adopted regulations requiring a Parcel Map for nimor subdivisions 3 Variance or lot line adjustment The lot was approved through the Variance procedure or its current configuration resulted from a lot lune adjustment 4 Partial government acquisition The lot was created in conformity with the provisions of this Zoning Code, but was made noinconforinung when a portion of the lot was acquired by a governmental entity B Furthei subdivision prohibited Where structures have been erected on a nonconforming lot,the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site al ea or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Code, of in any way that makes the use of the lot more nonconforming 18.184.050. APPEALS. A Within ten(10) business days of the Development Services Director's decision, any person may appeal the Dnectoi's decision to the Planning Connixrrssion The appeal shall be made on forms provided by the City, and upon payment of the fees established by resolution of the City Council The Planning Cornimission shall forthwith hold a public hearing after the heating is noticed as set forth in section 18 192 040 of this Code After such public hearing, the Planning Commission shall I \cclerk\Ordinances\Nos 2800 2899 in Word\2859 Nonconforming Building corrected docx either approve, modify, or disapprove the decision or detennznatzon of the Development Services Director based upon applicable provisions of this Chapter B Within ten(10) days of the Plain-ixng Commission's decision, any person may appeal the decision to the City Council The appeal shall be made on forms provided by the City, and upon payment of the fees established by resolution of the city council The City Council shall hold a public hearing after the hearing is noticed as set forth in section 18 192 040 of this Code After such public hearing, the City Council shall either approve, modify, or disapprove the decision of the Planning Commission based upon applicable provisions of this chapter " Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law (:?�dUA.� _ Paul W Foster, Mayor ATTEST J&1 6 Donaldson, City Clerk I \cclerk\Ord:nances\Nos 2800-2899 in Word\2859 Nonconforming Building corrected docx I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 5th day of December 2017, by the following vote AYES Counczlxnembers Harrison, Barxch, Tejeda, Moinberger, Mayor Foster NOES None ABSENT None ABSTAIN None 4 1 onaldson, City Clerk I \cclerk\0rdinances\Nos 2800-2899 in Word\2859 Nonconforming Building corrected docx