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HomeMy WebLinkAboutNS 3.69 ,~i ., ~. ORDINANCE NS 3.69 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 1.5 AND ARTICLE 15 OF ORDINANCE NS-3, THE ZONING ORDINANCE, RELATING TO NONCONFORMING USES AND STRUCTURES The City Council of the City of Saratoga does ordain as follows: SECTION 1: Paragraphs (gg) and (hh) in Section 1.5 of Ordinance NS-3 are hereby repealed and a new Paragraph (gg) is hereby adopted, to read as follows: "(gg) Nonconforming. "Nonconforming" means not in conformity with any of the regulations set forth in this Ordinance. (a) Nonconforming use means a use of a structure or site, or both, which was lawfully established or maintained in compliance with all zoning regulations then applicable to such use, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in use regulations, no longer conforms with the use regulations of the district in which it is located. The term includes a use which becomes nonconforming by reason of the failure to provide the off-street parking or loading facilities, or both, as required by this Ordinance. (b) Nonconforming structure means a structure which was lawfully constructed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standaards of size, coverage, yard spaces, height, distance between structures, or other regulation of this Ordinance for the district in which the structure is located. (c) Nonconforming facility means a structure or site which conforms with the regulations of this Ordinance but is used or occupied by one or more nonconforming uses. (d) Nonconforming site means a site which was lawfully created in compliance with all zoning and subdivision regulations then applicable to the site, but which, by virtue of subsequent rezoning, reclassification, or the adoption of or change in zoning regulations, no longer conforms with the standards of area, frontage, width, depth, or other regulation of this Ordinance for the district in which the site is located." SECTION 2: Article 15 of Ordinance NS-3 is amended to read as follows: "ARTICLE 15 NONCONFORMING USES AND STRUCTURES ~eetions: 1'5.1 Purposes of Article 15.2 Continuation in general 7/17/85 -1- 15.3 Exemption of nonconforming single-family dwellings 15.4 Routine maintenance; limitation on repairs 15.5 Change of use 15.6 Expansion of nonconforming uses 15.7 Expansion of nonconforming structures 15.8 Termination of nonconforming uses and structures by abandonment 15.9 Replacement of damaged or destroyed nonconforming facility 15.10 Replacelnent of damaged or destroyed nonconforming structure 15.11 Elimination of nonconforming uses and structures after lapse of time 15.12 Determination of value 15.13 Determination of age 15.14 Authorization of nonconforming uses and structures by use permit or variance 15.15 Unsafe buildings 15.16 Nonconforming sites ~15.1 Purposes of Article This Article is intended to limit the number and extent of nonconforming uses and structures by prohibiting their enlargement, intensification, re-establishment after abandonment or restoration after destruction and requiring their termination after reasonable periocks of time. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do not conflict with the objectives of this Ordinance and the purposes of the zoning district in which they are located. $15.2 Continuation in general (a) Nonconforming uses and nonconforming structures, lawfully established prior to the enactment of the rezoning, reelassifieation or change of regulations making the san,e nonconforming, may be continued only in conformity with, and only so long as permitted by, the provisions of this Article. (b) In each of the following cases: (1) Upon the processing of an application for a use permit, variance or design review approval or an application for a building permit to construct or modify any improvements upon a site, it is determined that an existing main or accessory structure which is not the subject of the application does not comply with the applicable setback regulations; or 7/17/85 -2- (2) Upon the processing of an application for a lot split or building site approval pursuant to Ordinance NS-60, it is determined that an existing main structure or detached garage or carport does not comply with the applicable setback regulations, then no variance shall be required as a condition for approval of such application, nor shall removal of the nonconforming structure be required as a condition for such approval, if the applicant establishes to the satisfaction of the approving authority that the nonconforming structure was legally created; provided, however, nothing herein shall prevent the approving authority from imposing any requirements with respect to the nonconforming structure which may otherwise. be imposed as a condition for approval of the application. S15.3 Exemption of nonconforming single-family dwellings (a) This Article shall not apply to a lawfully established.single family dwelling constituting a main structure located within any A, R-I, HC-RD or NHR district or a lawfully established multi-family dwelling located within any R-M district; provided, however, any alteration, modification or expansion of such nonconforming structure shall comply with the regulations of this Ordinance or a variance must be obtained for such alteration, modification or expansion pursuant to Article 17. (b) Nonconforming second units are not exempted from this Article and must be discontinued in accordance with Section 15.11 unless a use permit for the second unit is granted pursuant to Article 16A of this Ordinance. S15.4 Routine maintenance; limitation on repairs (a) Subject to the provisions of this Section, routine maintenance and repairs may be performed upon a nonconforming structure or facility for the purpose of preserving its existing condition, retarding or eliminating wear and tear or physical depreciation, or complying with the requirements of law. (b) Incidental alterations to a nonconforming structure or facility may be permitted, provided such alterations do not increase the degree of non-compliance or otherwise increase the discrepancy between existing conditions and the requirements of this Ordinance. (c) Structural alterations to a nonconforming facility may be permitted only to aecomodate a conforming use or when made to comply with the requirements of law. (d) Structural alterations to a nonconforming structure may be permitted when necessary to comply with the requirements of law, or to accomodate a conforming use when ~uch alterations do not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Ordinance, or do not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. In no case shall the 7/17/85 -3- value of the structural alterations performed during any one year per~iod exceed ten percent of the replacement cost of the building prior to such alteration, unless such building is changed to a conforming structure. $15.5 Change of use (a) A nonconforming use of a structure or site shall not be changed to or replaced by another nonconforming use. (b) A nonconforming use which is changed to or replaced by a conforming use shah not be re-established, and any portion of a structure or site, the use of which changes from a nonconforming to a conforming use, shah not thereafter be used except to accomodate a conforming use. $15.6 Expansion of nonconforming uses (a) A noneonfqrming use may not be altered, enlarged, expanded or intensified. This prohibition shah include any alteration, enlargement, expansion or intensification of a nonconforming use-which: (1) Increases the site area or floor area occupied by such nonconforming use on the same or any additional site; Or (2) Increases the number of structures or size of any structure housing such nonconforming use or any portion thereof; or (3) Increases the amount, volume, or intensity of a noneon forming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; (4) Displaces any conforming use occupying a structure or site. (b) A nonconforming facility shah not be moved, altered, or enlarged in such way as to permit the enlargement of the spare occupied. by the nonconforming use. $15.7 Expansion of nonconforming structures A nonconforming structure shall not be moved, altered, enlarged, or expanded so as to increase the discrepancy between existing conditions and the requirements of this Ordinance. This prohibition shah not apply if a variance for the alteration, enlargement or expansion is granted pursuant to Article 17. 6/7/85 -4- $15.8 ._ Termination of noneonforming uses and structures by abandonment (a) Whenever a nonconforming use has been abandoned, discontinued or ehanged to a conforming use for a period of ninety consecutive days or longer, such use shah not be resumed, re-estaDlished or continued and all subsequent uses of the site and the structures thereon shah conform to the requirements of this Ordinance. (t~) Whenever a nonconforming structure has been abandoned for a continuous period of one year or longer, the structure shah be removed from the site or shah be changed to a conforming structure. (c) Discontinuance of a nonconforming use for a period of ninety consecutive days or nonuse of a nonconforming structure for a continuous period of one year, shall conclusively be presumed an abandonment of such use or structure under the terms of this Section; provided, however, a discontinuanee of use in either of the following circumstances shall not be considered an at~andonment hereunder: (1) Any discontinuance of use in connection with a pending sale or other transfer of ownership or management of a nonconforming use or structure to a designated person and the discontinuance of use is solely for the purpose of accomplishing the sale or transfer. (2) Any discontinuance of use during the period of reconstruction or replacement of a clamaged or destroyed nonconforming facility or structure, where such reconstruction or replacement is permitted under the provisions of Section 15.9 or Section 15.10. $15.9 Replacement of damaged or destroyed nonconforming facility (a) Except as otherwise provided in ParagTaph (b) of this Section, a nonconforming facility which is damaged or destroyed may be reconstructed or replaced for continued occupancy by the nonconforming use or uses previously conducted therein, subject to the following limitations: (1) The extent of nonconformity, or the intensity of activity, or the site area or floor area, occupied by the nonconforming use subsequent to reconstruction or replacement of the facility shall not exceed that existing prior to the damage or destruction of the facility. (2) Reconstruction or replacement of the facility shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. 6/7/85 (3) The reconstruction or replacement work shah be commenced within one year from the date of damage or destruction and prosecuted diligently to completion. (4) Any reconstruction or replacement permitted under this Section shah not extend or otherwise modify the required termination date for the nonconforming use as established by Section 15.11 and applied to such nonconf0rming use prior to the reconstruction or replacement, Said termination date shah apply to aH portions of the site or structure occupied by the nonconforming use, including those portions reconstructed or replaced. (b) In the event the damage or destruction of a nonconforming facility causes a partial or total discontinuance of the nonconforming use for a period in excess of ninety days and such damage or destruction occurs during the last one-third of the termination period applicable to such nonconforming use under the provisions of Section 15.11, such use, or portion thereof which has been discontinued, shall not be resumed or re-established within the nonconforming facility, irrespective of whether such facility is reconstructed or replaced, $15.10 Replaeement of damaged or destroyed noneonforming strueture (a) A nonconforming structure which is damaged or destroyed may not be reconstructed or replaced, except as follows: (1) When the entire structure is reconstructed or replaced as a conforming structure; or (2) When the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion may be reconstructed or replaced to its previous configuration; or (3) When the damage or destruction affects only a portion of a nonconforming structure, which portion constituted or contributed to the noncompliance and does not exceed fifty percent of the gross floor area of the entire structure, such portion may be reconstructed or replaced to its previous configuration. In no case shall such reconstruction or replacement create, cause or increase any noncompliance with the requirements of this Ordinance. (b) Except as otherwise provided in this Section with regard to reconstruction or replacement of a portion of a structure to its previous nonconforming condition, all reconstruction or replacement shall be subject to all applicable laws, regulations and procedures otherwise 6/7/85 -6- governing construction on the site at the time such construction is undertaken. The reconstruction or replacement work shall be commenced within one year from the date of damage or destruction and prosecuted diligently to completion. $15.11 Elimination of nonconforming uses and structures after lapse of time Except as otherwise provided in Section 15.14, nonconforming uses and nonconforming structures shah be discontinued and eliminated from the site, or portion thereof, on which they are located, or shah be converted to a conforming use or structure, in accordance with the following: (a) A nonconforming use conducted upon a site having no improvements thereon or improvements which are utilized in connection with the operation of such use having a value not exceeding Two Thousand Dollars, shah be terminated within one year from the date such use became nonconforming. (b) A nonconforming use which is not subject to Paragraph (a) of this Section, shah be terminated within five years from the date such use became nonconforming. (e) A nonconforming structure, excluding signs, having a value not exceeding Two Thousand Dollars, shall be removed form its site within one year from the date it became nonconforming, unless within said period of time the structure is altered so as to comply with the regulations of the district in which it is located. (d) A nonconforming structure, excluding signs, having a value of Two Thousand Dollars or greater, shall either be altered so as to comply with the regulations of the district in which it is located or shall be removed from its site by the time the structure reaches the age set forth in Paragraph (e) of this Section; provided, however, no such conversion or removal shall be required within ten years from the date the structure became nonconforming. (e) The following schedule shah govern removal of nonconforming structures specified in Paragraph (d) of this Section: Type of Construetion As Age of Structure Computed Defined by Uniform From Date of Building Code Construetion Type I 25 years Type H 20 years Type IH 15 years Type IV 10 years Type V 10 years (f) A nonconforming sign, including its supporting structure, 6/7/85 -7- shall either be made to comply with the regulations of the district in which it is located or shall be dismantled and removed by the time the sign reaches the age set forth in Paragraph (g) of this Section; provided, however, no such conversion or removal shall be required within three years from the date the sign became nonconforming. (g) The following schedule shah govern the removal of nonconforming signs specified in Paragraph (f) of this.Section: Age of Sign Computed From Value of Sign Date of InstAllation Under $2,000. 1 year $2,000 to $3,999 3 years $4,000 to $5,999 5 years $6,000 to $7,999 7 years $8,000 to $9,999 9 years $10,000 and over 10 years (h) Nothing contained in this Section shah extend or otherwise modify any termination date provided by any previously existing ordinance of the City for any use or structure which became nonconforming under such ordinance and such termination dates for such previously existing nonconforming uses and structures are incorporated in this Section and shall remain in effect. S15.12 Determination of value Value, as used in this Article with respect to the value of a structure, or the value of improvements to a site, or the value of reconstruction or replacement, means the current cost of construction, or the current cost of replacement in kind of existing structures or improvements, excluding consideration of the value of land. Estimates or determinations of such cost for purposes of this Article shah be made by or shah be reviewed and approved by the Director of Community Development, who is authorized to retain the services of appraisers or consultants for such estimates or determinations and charge the cost thereof to the owner or operator of the nonconforming structure. $15.13 Determination of age (a) The age of a structure, excluding signs, shall be computed from the teeordeal date of its completion, if available, or otherwise shah be deemed to be one year subsequent to the issuance of a building permit for such structure. If an addition to a structure was lawfully constructed whieh had at the time of its completion a value of more than seventy- five percent of the value of the original building, or which increased the gross floor area of the original building by more than seventy-five percent, the age of the structure shall be computed from the recorded date of completion of the addition, if available, or otherwise such date shah be deemed to be one year subsequent to the date of issuance of a 6/7/85 -8- building permit for such addition. When the age of a structure cannot be determined by any of the foregoing means, the Director of Community Development shall estimate the age for the purposes of this Article. (b) The age of a sign shall be computed from the date of its installation, if available, or otherwise such date shall be estimated by the Director of Community Development. Sl 5.14 Authorization of nonconforming uses and struetures by use permit or variance (a) The Planning Commission may authorize the continuation of a nonconforming use through the granting of a use permit pursuant to Article 16; provided that any use permit for a nonconforming second unit can only be granted in accordance with the additional procedures, standards and requirements set forth in Article 16A. Upon the granting of such use permit, the use shah no longer be considered nonconforming and shall thereafter be continued in compliance with such conditions as may be specified in the use permit. A use permit for an otherwise nonconforming use may be granted only if the Planning Commission is able to make aH of the following findings, which shall be in lieu of the findings listed in Section 16.6: (1) That the use or structure is compatible with the objectives of this Ordinance and the purposes of the district in which it is located. (2) That the use or structure and the conditions under which it will be continued, will not be detrimental to the public health, safety or welfare. (3) That the use or structure, and the eonditions under which it will be continued, will be compatible with and not detrimental to the land uses and properties in the surrounding area. The use permit may be granted subject to such conditions as th~ Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, limitations on hours of operation, limitations on nature of operations, and the construction and dedication of public facilities reasonably related to the continuation of the use. The use permit may either allow the use to be continued indefinitely, or only for a specified period of time, which may extend beyond the termination period otherwise applicable to the use under the provisions of Section 15.11. The use permit shall also be revocable and subject to the continuing jurisdiction of the Planning Commission. (b) The Planning Commission may authorize the continuation of a nonconforming structure through the granting of a variance pursuant to Article 17, if all of the findings prescribed therein for such variance can be made. Upon the granting of a variance, the structure shall no longer 6/7/85 -9- be considered noneonforming and shall thereafter be continued in compliance with such conditions as may be specified in the variance; provided, however, that any alteration, expansion, enlargement or other modification of such structure shall either comply with the regulations of this Ordinance or a further variance for such alteration, expansion, enlargement or other modification must be obtained pursuant to Article 17. The variance may be granted subject to such conditions as the Planning Commission deems necessary or appropriate, including, but not limited to, required improvements or modifications to the property, and the construction and dedication of public facilities reasonably related to the continuation of the structure. The variance may either allow the structure to be continued indefinitely, or only for a specified .period of time, which may extend beyond the termination period .otherwise applicable to the structure under the provisions of Section 15.11. S15.15 Unsafe buildings Nothing in this Article shall be construed as repealing, abrogating or modifying any provision of this Code or of any law relating to requirements for construction, maintenance, repair, demolition or removal of structures, or requiring the immediate removal of any structure, or any portion thereof, determined to be unsafe for human occupancy or otherwise constituting a public nuisance. S15.16 Nonconforming sites A lawfully created site having an area, frontage, width or depth less than the minimums prescribed for the district in which the site is located may be used for a permitted or conditional use, but shah be subject to aH other regulations for the district in which the site is located, except the following: (a) Where the width of a site does not conform with the standard for the district, the minimum width of interior side yards shah be not less than ten percent of the width of the site or six feet, whichever is greater, and the minimum width of an exterior side yard of a corner lot shah be not less than twenty percent of the width of the site or fifteen feet, whichever is greater. (b) Where the depth of the site is less than the standard for the district, the rear yard shah be twenty percent of the depth of the site or twenty feet, whichever is greater." SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and 6/7/85 -10- phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 4: This Ordinance shall become effective thirty days from and after the date of its passage and adoption. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 7~h day of August ~ 1985, by the following vote: AYES: Councilmembers Callon, Hlava, Moyles and Mayor Clevenger NOES: None ABSTAIN: None ABSENT: Councilmamber Fanelli ATTEST: M y City Clerk ~ Ibe above and foregoing is a true and correct copy 04 O~-dil]ance/J~ -?,6 ~ which has been pub~is~l~j accordi~l~ t0 law. 6/7/85 -11-