HomeMy WebLinkAboutNS-3.32 ORDINANCE NO. NS-3.32
AN ORDINANCE OF THE CITY OF SARATOGA
~ENDING ORDINANCE NS-3, THE ZONING ORDINANCE,
BY AMENDING SECTION 1.5 AND ARTICLE 15 THEREOF
RELATING TO NON-CONFORMING USES AND STRUCTURES,
THEIR DEFINITIONS, CONTINUATION AND TERMINATION"
AND AMENDING SECTION 18.4 RELATING TO PUBLIC
HEARINGS, AND 18.11 RELATING TO CONDITIONAL
RECLASSIFICATION
The City Council of the City of Saratoga does hereby ordain
as follows:
Section 1: Article 15, of Ordinance NS-3, which Article is
captioned "Non-Conforming Uses and Structures," and consisting of
Sections 15.1 through Section 15.12, is hereby amended to read and
each of said Sections is hereby amended to read, as follows:
ARTICLE 15. NON-CONFORMING USES AND STRUCTURES
Sectionl5.1~~ PURPOSES
This Article is intended to limit the number and extent of
non-conforming uses by prohibiting expahsion, enlargement or intensi-
fication, by prohibiting reestablishment after abandonment, by pro-
hibiting the alteration of the structures they occupy, by prohibiting
restoration after destruction and after reasonable periods of amorti-
zation, or by requiring their termination. Eventually all non-con-
forming uses to be eliminated. .,
This Article is further intended to limit the number and
extent of non-conformingstructures by prohibiting their being moved, ? .... .='i~
altered or enlarged so as to increase the discrepancy between exist-
ing conditions and the standards prescribed in this Ordinance, by
prohibiting their restoration after destruction, and by requiring
their removal or conformance after abandonment. Eventually all non~
conforming structures are to be eliminated or altered to conform
to the district regulations in which they are located.
In addition, it is intended that certain non-conforming uses
in "R" (residential) districts that are of such a nature as to be ~.~
easily susceptible of generating noxious nuisance factors without
reasonable regulation, shall be permitted to continue only under Use
Permit until terminated under other. provisions of this ArtiCle.
'Section 15.2 CONTINUATION - IN GENERAL
Non-conforming. uses and n6n-conforming structures, lawfully
established prior to the enactment of the rezoning, reciassification
or change of regulations ordinance making the same non-conforming,
may be continued only in conformity with,an~ only so long as per-
mitted by, the provisions of'this Article. Subject to the provisions
hereinafter set forth, routine maintenance and repairs may be per-
formed on a structure or site, the use of which is non-confOrming,
and on a nOn-~onforming structure.
Section .15.3 CONTINUATION IN "R" DISTRICTS BY USE PERMIT
The following enumerated uses are'hereby found to be a type
susceptible of causing and Ideveloping nuisance factors dangerous to
the health, safety, morals or general welfare of the public.and of the
neighborhood surrounding them, and to be susceptible of being carried on
in a maqner cuasing unreasonable interference with the comfortable use
and enjoyment of life and property in an "R" (residential)
zoning district, unless bu~jedted to reasonable regulation thereof:
(a) Any use permitted only in a/'C" (~ommerCial) or
"M" (industrial) district;
(b) Any use-prohibited in all districts.
Any use occupying a site or structure in an "R" district for any of the
above set forth uses, which use is a non-Conforming use 'otherwise permitted
under Section 15.2 hereof, shall. only be permitted to.continue upon the granting
of a Use Permit therefor ·in accord with Article 16 of this Ordinance. Applica-
tion for such Use Permit must be made within thirty (30) days from the effective
date 'of this Ordinance, or from the effective date of such rezoning, reclassifica-
tion, or Change in use regulations o~dinance as makes the use non-conforming,
whichever is the Iater in time to occur. If the non-conforming use isa con~ner-
cial use but housed'in a ~onforming structure, the ~lanning Conmnissionshall have
power upon the granting ofsuch use permit to permit the continuation 0f such use'
for a reasonable period of timebeyo~dthe time limits of'Section 15.9(c) hereof,
upon a finding that under all th~ c~rcumstances and the other conditions of such
use permit that such a continuation Would not be contrary to the objectives of
the zoning ordinance and the general purposes of this Article.
· The above requirements are in addition to and not in lieu of, the other
sections of this Article, a~d the granting of such a use permit shall in no way
limit the application of all other provisions regarding termination of non-con-
forming uses and structures.
Section 15.4 EXPANSION OF NON-CONFORMING USES PROHIBITED
A non-conforming use shall not be moved, changed, altered, enlarged, ex-
pandpd, extended or intensified in any way, nor shall any non-conforn~i~g use be
modified or changed to any other n~n-conforming use. No building or structure
or premises. On Or i~'whfch, ~!uch non-confo~ing Use ~r: ~ny.'p~rt thereof.is located
orhoused, may be enlarged,'~e~a~S~ucted~ or struatur~lly altered, unles~ the use
is changed to a use.conforming t0 the district regulations then applicable to the
site. . ~ .~ . ,i .
Included within the above prohibitign is any moving, enlargement, extension
or increase in intensity of a=non-conformiDg use' so as'to:
.(a) Increase)the. amount, volume or intensity of a no~-!
conforming ~Usiness, use; or
'(b) IncreaS& the amouat of space occupied by the use,
whether.on the same site of onto any additional site,
or where any.p!~rtion of such use is within a structure,
'to increase the amount of space, whether by square
footage.or cubicle c~ntent, used or occupied by such
use in a structure.;' or
(c)l' Increase the number of structures or size of'any
structure or structures housing such non-conforming
use or any portion thereof, or increasing the machinery,
equipment, trade fixtures or other personal property
used in carrying on or conducting such use or in conjuncl.,~,
tion therewith;· or
(d) Move any portion of such non-conforming use, or an9
~s[~%{~a~Y'~_~r'~":~qh~pma~7[rad~.r~i~t&~a~ struc-
ture o~ st~uctd~es' dbed in COnnection therewith, from
one portion of the site or structure to any other portion
thereof.
The above prohibitions are subject to the exception that a structure
housing a non-conforming residential use may be moved, altered or enlarged so
long as the number of dwelling units is n6t increased above the number ;other-
wise permitted by the district regulations then~-~pli6able-to~the site~~,--
- 2-
Section 15.5 ALTERATIONS AND ADDITION~ TO NON-CONFORMING STRUCTURES
No non-conformlng structure shallzbe moved~ altered, enlarged or recon-
structed so as to increase the discrepancy between existing conditions and the
standards of coverage, front yard, side yards, rear yard, height of structures
or distances between structures prescribed in the regulations for the district
in which the structure is located.
The above prohibitions shall be subject to the provisions of Section 17
hereof relating to variances.
section 15.6 TERMXNA ON F'N6Nib MX d'D '
Whenever a nonlconforming use has been abandoned, discSntinued or ch~ng~
to a conforming use for a continuous peri~d'~of 90 days,g tF~'~8~rc~fo~ni~g"use~ ·
-sh~ll ~lr~. r~e~B~'f~h~d?~hd 'the use of the structure ~nd/or ~ite thereadier
shall comply 'Wit~'[h~ regulatio~ for the district in which it is located.
Non-use of'a structure for a continuous period of 90 da~s, or.the dis-
continuing of a use of land for a continuous period of 6 months, shalll~be con-
clu~ively presumed to be an abandonment of the use under the terms of ~his Section.
Section 15.7 REMOVAL OF NON-CONFORMING STRUCTURE LIPON ABANDONMENT
Whenever a n~=cohforming ~tructure has been abandoned for a continuous
period of 90 days,' [he ~trhcture~ltself shall be removed fremlits site~ unless
it ha~ theretofore, within s6ah period of time, been completely change~ to a
conforming structure, Non-use for a continuous period 'of 90 days shall be con-
clusively presumed to be an abandonment of such structure under the terms of
this Section.
Section 15,8. RESTORATION OF DAMAGED ~ON-CONFORMING STRUC~JRE
Whenever a structure, the use of which d6es not conform with the regula-
tions for the district in which it is located, or a structure which does not com-
ply with the standards of coverage, front yard, side yards, rear' yard, height of
structures o~ distances between structures prescribed in the regulations for the
district in which the structureiSilocated, shall be destroyed by fire or other
calamity or by act of God .or-by the public enemy to the extent of 50 pe~ cent or
less, the structure may be restored and the non-conforming use may be r~sumed,
provided that re~toration is started within one year and diligently pursued to
completion.
Whenever a structure, the use of which does not conform with the regulations
for the district in which it is located, or a structure which does not comply with
the standards of coverage, front yard, side yards, rear yard, height of structures
or distances between structures prescribed in the regulations for the district in
which it is located, shall be destroyed by fire or other calemit~ or by act of God
or by the public enemy to a greater extent than 50 per cent, or shall be volun-
'- tarily r~zed or shall be required by law to be razed, the structure.shall ~ot be
restored exceptin full-conformity with the regulations for the district in which
it is located, and the non-conforming use shall not 'be resumed.
The extent of damage or partial deStrUction shall be based upon the ratio
of the estimated cost 'of restoring the structure to its'condition prior ito such
damage or partial destrdction, to the estimated cost of duplicating the entire
structure as it existed prior thereto. Estimations for this' purpose shaZll be
-made by or shall'.be reviewed and approved by the Zoning AdminiStrator.
Section 15.9 ELIMINATION OF NON-CONFORMING USES AND NON-CONFORMING STRUCTURES
AFTER LAPSE OF TIME. .
Non-conforming uses.and non-Conforming structures shall be discontinued and
removed from their sites by the owner or owners thereof in accord with the follow-
ing schedules:
(a) ~ non-confqrn~ing commercial or industrial use within.a
"C"'district~which is not completely housed in an enclosed
- 3-
building shall be discontihued and removed from its site,
or in the alternative completely moved into an otherwise'
conforming building, within one (1) year from the d~[t
became non-conforming or one (1) year from the effective
date of this Ordinance, which ever is the latter in time
tO occnr.
(b) A non-conforming use of any kind i~.an "R" or !'~district,
· not~c~.pletely house~ within an encf6~ed building~ shall,
Rs t6 allyaspects of such use a~are not socompletely en-
closed, be completely'housed and enclosed or be discontinued
~nd rem.oved,trom'the site within one (1) year-from the date
it became nonhconforming' or one (1) year from.the. effective
date of this Ordinance, whichever is the latter'in time to.
occur.
(c) A noneconforming coxmnercial use' in 'an "R" district which is
completely housed within a conforming structure shall be dis-
continued within ten' (I0) yea~s from the date it-became non-
cSnforming, but in no event in less than one (1) year from
the effective date of this Ordinance.
(d) A non-&onforming use in any district except an "R" district,
which is completely housed in a conforming structure, may
continue until terminated in accord With any of the other
provisions of this Article.
(e) A non-conforming structure which is non-conforming because
it does not comply with the standards of either coverage,
or front yard, or side yards, or rear yard, or height of
structure, or distances between'structures, as prescribed
in the regulations for the district inwhich the structure
is located, and which has an assessed valuation of less
than $500.00 at the time such structure became no~-conform-
ing, shall be removed from its &its within one (1) year from
the date it became non-conforming, unless within ~aid period
of time said structure is altered to comply with such stan-
dards and became conforming to the district regulations in
which it is locatad.
(f) Unless sooner terminated under any of the other provisions
of this Section or Article, a non-conforming use in any
district located or housed in a non-conforming structure shall
be terminated, and jthe-nonrconforming strUdture shall be re-
moved from the site or be made conforming, in accord with the
following sub-schedule, but in no event in less than one (1)
year from t~e effective date of this Ordinance:
Type of Construction Removal Date
(Uniform Building Cads) (Year from~ate Structure
0riginally Was Erected)
Type ,I ,.~5 Z ~ I~ ~. 25 years
· Type II or III ~. 15 years ~-~]-..~.
Type IV or V - 10 years - .~9 '.
The above provisions ,~elate~to the~amortizatio~ of non-conforming uses.
and non-conforming str&cture~'oth~Vw~%% ~w'~hlly
to the change in district boundaries, reclassificatiOn, or change in permitted or
conditional uses or regulations which made themnon-conforming, and i~ no Way are
.. they intended to permit any continuation of any use or structure which is non-
conforming because i~ is commenced or constructed after the ~nactment:of or the
change in the district b'oundaries, uses or regulations so as to thereafter no
longer permit such use or structure.
The terminology above-referred to as to a use being "housed" within an
enclosed building or structure means that the entire use is within a building
or structure enclosed by walls on all sides (with exception of necessary ingress
and egress doors for persons or vehicles), and having a full roof over said bOild-
i~g or'-structure.
Section 2: Subsections "gg" and "hh" of Section 1.5, which Section is
captioned "Definitions", are hereby amended to"read as follows:
gg. Non-Conforming Structure
A non-conforming structure is onewhich, at the time it
was constructed, was lawfully constructed in conformity with
the regulations of the zoning district inlwhich it Was situated,
but which, under the provisions of the rezoning, reclassifi-
cation, or change in use regulations ordinance no longer conforms
with the standards of coverage, yard 'spaces, height of structures,
or distances between structures, prescribed in the regulations
for the district in which the structure is located, or by which
design or functi'on 'is capably only of accommodating a non-c'
conforming use and is no longer functionally capable of housing
or ~ccommodating a conforming use under the regulations for the
district in which the structure is located.
hh. Non-Conforming Use
A non-conforming use is a use of 1 and or of a structure or
any combination thereof, which was lawful~ly established and
maintained in conformity with th~ regulations of the Zoning
district in which it was situated at the time of the Commencement
thereof, and which use has continued uninterrupted, but by vir-
tue of a rezoning, reclasSification orchange in use regulations
ordinance no longer conforms with the use regulations for the
zoning district in which it iS located.
Section 3: Nothing hereinabove set~Orthlin Sections 1 and 2 of this
ordinance' is intended to in any way abrogate, modify, change or repeal the right
to use non-conforming sites (as distinguished from non-conforming uses and non-
conforming structures) as permitted by Section 14.3 of Ordinance NS.3.
Section 4: Section 18.11 on Ordinance NS-3, captioned "Conditional
Reclassif~ is hereby amended to read as follows:
Section 18.11, CONDITIONAL RECLASSIFICATION
On any change of the boundaries Of a district, or any.change from one
district classification to another, Where the change is initiated by the owner
or owners in accord with Section 18.3 hereof, and where the requested change is
to a "P-D", R-M", "C", "P", "P-A", "P-C" or "M" District, such reclassification
may be made subject to conditions precedent to the reclassification ordinance
becoming effective, which conditions shall include'the following:
(a) That one or more of the uses for which the property
was r~classified shall be established within a specified
period of time as set forth in the Ordinance and/or
(b) That a particular use represented by the applicant as
being intended by him shall be established within a
specified period of time and/or
(c) That a particular use and/or structure or structures
represented by the applicant as being intended by him,
shall be established and constructed within a specified
period of time, and in accord with such plans as presented
by the applicant in requesting the change of zoning and
as approved by the City Council.
- 5-
During the period of time commencing with the date occurring thirty (30)
days after the adoption of the conditional reclassification ordinance, and ending
with the expiration of the time period within which such conditions are to be
complied with, the site may be used for the establishment of such uses and the
erection of such structures as will~ be permitted,i f the recl assification ordinance
becomes effective, even though not otherwise permitted'by the use regulations of
the zoning district in which the property will remain classified until such time
as all of said conditions have been complied wi'th within the. specified time limits.
The rezoning shall become effective at such time as all conditions of
reclassification have been complied with within the aforesaid established time
frame as set forth in the reclassification ordinance. In the event that all of
said conditions are not so complied with, the reclassification ordinance shall
not become effective for any purpose and any use establ~shed'or structure con-
structed which would be a permitted use or structure if the conditions precedent
had all been complied with and the ordinance became effective (but which are not
a permitted use or structure under the regulations of'the district classification
to which the property is still subjected) shall not be permitted to continue under
any of the provisions of ArtiCle 15 of this Ordinance relating to non-conforming
uses and structures, and the same shall in all respects be prohibited as if the
conditional reclassification ordinance had never been enacted. Any such non-
conforming use of a structure or land shall be immediately discontinued the day
following the last day within which said conditions are to have been performed,
and each non-conforming structure shall be removed and abated within thirty (30)
days thereafter.
The City Council may require, as a condition precedent to the adoption
of an ordinance conditionally reclassifying lands from one district to another,
that the applicant provide the City with such cash or surety bondor bonds as in
the judgment of the City Council will be adequate, to guarantee that the applicant
will discontinue any such non-conforming structure, in accord with the above set
forth provisions, on the failure of compliance with the conditions of the con-
ditional reclassification within the specified time limits.
Section 5: Section 18.4 of Ordinance NS-3, captioned "Public Hearing -
Notice and Procedure", is hereby amended to readas follows:
Section 18.4 PUBLIC HEARING - NOTICE AND PROCEDURE
The City Planning Commission shall hold at least one public hearinn on
each application for a change in district boundaries and on each proposal for a
change in district boundaries or of a district regulation, sign regulation, off-
street parking or loading facilities requirement, general provision, exception or
other provision of this Ordinance initiated by the Commission or the City Council,
within 40 days of the date when the application was filed or the proposal was
initiated. Notice of'the public hearing shall be given no less than 10 days
of the date when the application was filed or the proposal was initiated. Notice _
of the public hearing shall be given no less than 10 days nor more than 30 days
prior to the date of the hearing by publication in a newspaper of general circu-
lation within the City of Saratoga.
Where a public hearing is to be held for a change in a district boundary
or the re~lassification of property from one zoning district to another zoning
district (as distinguished from a modification, addition, deletion or other change
in permitted or conditional uses or other regulations in the district affecting
all properties in a district) notice of the publiE h~aring shall in addition be
given not less than ten (lO) days nor more than thirty (30) days prior to the
date of the hearing by mailing, postage prepaid, a notice of the time and place of
the hearing to all persons whose names appear on the latest adopted tax roll of
Santa Clara County as owning property within 500 feet of the boundaries of the area
occupied or to be occupied by the use which is the subject of the h~aring, including
the owner of the property which is the subject of the hearing unless such owner
or agent of the owner is the applicant for usch rezoning.
- 6-
Upon receipt of an application in proper form in accord with the pre-
ceding section together with the requisite fili'ng fee,'or upon receipt of a request
from the City Council, the Secretary of the Planning Commission shall set the time
for public hearing in accord with this section.
The above and foregoing ordinance, after public hearing held thereon by
the Planning ConTnission of the City of Saratoqa on February 26, 1975', was there- '
after introduced and public hearing held thereon by the City Council thereof, and
after the waiting time required by law, was thereafter passed and adgpted this
19th day of November , 1975, by the following vote:
AYES: Councilmen Bridges, Brigham, Corr, & Matteoni
NOES: None
ABSENT: Councilman Kraus
. MAYOR
,: ~_:-',~ < ..
A :' '
~ ~C~!,TY CLER'K _~
The above and fore,~ n s a tftm arid
pubfished acco~dn~g to ~aw,
Deputy 6ity Olerk d Date
- 7-