HomeMy WebLinkAboutOrdinance 337 -non-corforming UsesORDINANCE 337
AN ORDINANCE UPDATING AND AMENDING THE SARATOGA CITY CODE
REGARDING NON -CONFORMING USES
Findings
1. The City of Saratoga wishes to update and amend the City Ordinance on Non -
Conforming Uses.
2. The updates in this ordinance affect provisions of the City's Non -Conforming Uses and
Structures regulations. The updates and amendments were considered by the Planning
Commission of the City of Saratoga and the Planning Commission has, after a duly
noticed public hearing on October 28, 2015, recommended adoption of these updates and
amendments to the City Non -Conforming Uses and Structures Ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on November
18, 2015 and after considering all testimony and written materials provided in connection
with that hearing, introduced this Ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is updated and amended as set forth below.
Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted
is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance.
Article 15-65 - NONCONFORMING USES AND STRUCTURESI'l
15-65.010 — Purposes of Article.
This Article is intended to limit the number and extent of nonconforming uses and
structures by prohibiting or restricting their repair, alteration, enlargement, intensification,
reconstruction, or re-establishment after abandonment or restoration after destruction. Nothing in
this Article shall authorize any action inconsistent with Chapter 13 or any other heritage
preservation provisions of this Code. 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 Chapter and the purposes of the zoning district in which they are located.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.020 - Definitions.
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The following definitions apply throughout this Article, unless the context or the provision
clearly requires otherwise:
(a)
Construction Valuation means the estimated cost to rebuild a structure (at the time
work is proposed to be performed on the structure) as determined by the Community
Development Director (using the Building Official's current multiplier for calculating
the per square foot valuation of new construction).
Development Director (using the Building Official's current multiplier for calculating
repair or alter such portions of the structure during construction. The Director may
require that a termite inspector, registered engineer or other professional(s) satisfactory
to the Director be retained at the applicant's expense to make certifications in this
regard.
(a) Maintenance means routine, recurring, and usual activities for the preservation,
protection, and keeping of a structure for its intended purposes in a safe and continually
usable condition for which it was designed. Repainting or reroofing (in kind) of a
structure is an example of maintenance.
(b) Demolition means either of the following:
(1) removal or covering of more than fifty percent of the exterior walls of an
existing structure so the walls no longer function as exterior walls and
removal of more than fifty percent of the existing roof structure and exterior
roof sheathing; or
(2) removal or covering of more than fifty percent of the exterior walls of an
existing structure so the walls no longer function as exterior walls and
removal of more than fifty percent of interior walls.
The exclusive removal of interior walls without any modification or removal of
exterior walls or any modification or removal of the existing roof structure and
exterior sheathing is not considered a demolition.
(c) Major Repair or Alteration means any work, after (December 2, 2015) that -is
estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than
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twenty percent and does not constitute a demolition of the structure as defined by
this Code.
subject of the work
(cumulatively), after October 16, 2009, of greater than twenty percent and not
exceeding fifty percent of the estimated construction valuation of the structure that is
the subject of the work.
(d) Nonconforming Structure means a structure lawfully existing on the effective date of
a change in a development standard established by this Code and continuing since that
date in nonconformance to the development standard. The use of this term in this Article
shall refer only to a legal nonconforming structure.
(1) A structure that was not originally constructed in conformance with regulations
applicable at the time is not a legal structure.
(2) A structure that solely lacks the required number of off-street parking facilities, but
otherwise conforms to City code is not considered nonconforming.
(e) Nonconforming Use means a use lawfully existing on the effective date of a change in
a use restriction and continuing since that date in nonconformance to the use restriction.
Site and structural dimensions are not considered use restrictions and are instead
development standards applicable to structures. The following pre-existing uses shall
constitute a nonconforming use subject to the provisions of this Article unless a
conditional use permit is subsequently granted for such use:
(1) A use established prior to any City regulation requiring a conditional use permit for
such use, but which by virtue of later -adopted City regulation(s) becomes a use
allowed only upon the granting of a conditional use permit; and
(2) A use being conducted under a valid conditional use permit, but which by virtue of
later -adopted City regulation(s) becomes a use no longer allowed to continue.
The use of this term in this Article shall refer only to a legal nonconforming use. A use
that was not originally commenced in conformance with regulations applicable at the
time is not a legal use.
(f) Reconstruction means either of the following:
(1) Any construction work that results from a demolition as defined by this Code
would expand the floor area by more than fifty percent or modify modification of
the footprint of a structure by more than fifty percent MINI; or
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(2) Moving a nonconforming structure or a structure being used for a nonconforming
use to any other location on the parcel or adjoining parcels (whether the structure
movement is in whole or in part).
Repair or alteration work which does not include any proposed exterior changes to a
nonconforming structure is not considered reconstruction or expansion.
(g) Statement of Acknowledgment of Legal Nonconforming Status means a document in
form and content approved by the Community Development Director and recorded in
the office of the County Recorder documenting the extent to which a use or structure on
the subject property is nonconforming, but legal pursuant to the terms of this Article.
(h) Work means any work, whether structural or nonstructural, that is done to a structure
including repair, alteration and reconstruction, but excluding maintenance and the
replacement of the interior or exterior wall coverings, fixtures, or windows or doors
(without altering their respective openings).
(Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24,
11-5-2014)
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15-65.025 - Summary table of thresholds.
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary damage, and applicable standards for such activities.
Type of
Work
Maintenance
Minor
Repairs
Major
Repairs and
Alterations
Voluntary
Reconstruction
Involuntary
Damage not
exceeding
75% of
existing
Involuntary
Damage
exceeding
75% of
existing
and
Alterations
square
square
footage area
footage area
Description
Routine and
recurring
activity for
the
preservation
and
protection of
a structure.
Repainting or
reroofing (in
kind) is an
example
Work that is
Work that
does not
Reconstruction
of an
involuntarily
damaged
nonconformin
g structure to
its previous
configuration
which is
involuntarily
damaged not
exceeding
75% of the
construction
Reconstruction
of an
involuntarily
damaged
nonconformin
g structure to
its previous
configuration
which is
involuntarily
damaged
exceeding
75% of the
construction
valuation
square
constitute a
demolition
and does not
exceed
100% of the
Reconstruction
of any
y
allowable
nonconforming
floor area
structure that
or 100% of
would -expand
r'^^r �re
the existing
the
to
floor area of
by more than
estimated
the
50%
Work that
res„'
structure,
expenditure
results from a
whichever is
(cumulativelo
voluntary
greater
Is
y) or 20% or
less
demolition or
of the
estimated
construction
estimated
to in
modify
modification
result
the
of the footprint
—
of a structure
valuation of
expenditure
the entire
(cumulativel
by more than
50%
valuation
square
structure
y) of greater
than 20%and
r
OR
footage area
footage area
of the entire
structure
of the entire
structure
exceeding
50% the
Relocation of
of
estimated
construction
a structure
valuation of
the
entire
structure
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Type of
Work
Maintenance
mer
Repairs
Major
Repairs and
Alterations
Voluntary
Reconstruction
Involuntary
Damage not
exceeding
75% of
existing
Involuntary
Damage
exceeding
75% of
existing
and
Alterations
square
square
footage area
footage area
Applicable
Standards
Routine
maintenance
is not subject
to cumulative
limits
Permitted
Permitted
subject to
Planning
Reconstruction
exceeding 50%
is not
�eermitted and
he structure
ust conform
o all
applicable
standards
Permitted up
to 100% of its
previous
configuration
subject to
required
permits and
specific
standards
provided that
reconstruction
does not
exceed the
structure's
predamaged
first and
second story
footprint and
result in a
health and/or
safety hazard
Permitted up
to 100% of its
previous
configuration
subject to
Planning
Commission
determination
provided that
reconstruction
does not
exceed the
predamaged
first and
second story
footprint and
result in a
health and/or
safety hazard
to
subject
Commission
review and
findings
required bystructure's
required
permits and
specified
standards
Code
The text of this Article takes precedence over this Summary Table for purposes of
interpreting this Article.
(Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24,
11-5-2014)
15-65.030 - Continuation in general; regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the
provisions of this Article. The owner of property on which a nonconforming use or
structure is claimed shall have the burden of proof in establishing to the satisfaction of
the Community Development Director the nonconfotming status claimed. The
Community Development Director may charge a fee, as established in the City Fee
Schedule, for the review of evidence submitted to meet the owner's burden of proof
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and for the preparation of a Statement of Acknowledgment of Legal Nonconforming
Status if the evidence demonstrates that a use or structure on the subject property is
wholly or partially nonconforming, but legal pursuant to the terms of this Article. A
use or structure that is not in conformity with the provisions of this Chapter, or that is
not a legal nonconforming use or structure in accordance with this Article, shall
constitute a violation of this Code and shall not be continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or
structure shall comply with current requirements of Chapter 16 of this Code.
(2) Repair, alteration or reconstruction otherwise required by this Code or
applicable law, and not otherwise prohibited by the rights or regulations of any
other governmental agency having jurisdiction, shall be allowed in the
following circumstances and shall not be considered in calculating any
estimated construction valuation:
(3)
(i)
Repair, alteration, or reconstruction required to retrofit unreinforced masonry
structures or otherwise required to comply with earthquake safety standards
established in Chapter 16 of this Code, provided the retrofitting or other work is
limited exclusively to compliance with earthquake safety standards;
(ii) Repair, alteration, or reconstruction required to elevate a habitable structure in
a floodplain, provided the elevation work is limited exclusively to compliance
with flood prevention standards;
(iii) Repair, alteration, or reconstruction required to comply with required energy
efficiency standards established in Chapter 16 of this Code, provided the work
is limited exclusively to compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to compliance
with the Americans with Disabilities Act (ADA) or Chapters 11A and 11B of
the State Building Code set forth in Volume II of Title 24 of the California
Code of Regulations.
Any building permit or use permit or other approval issued pursuant to this
Code for minor or major repairs or alterations, reconstruction, or change,
expansion or intensification of a legal nonconforming use or structure shall
include a condition requiring recordation of a Statement of Acknowledgment of
Legal Nonconforming Status.
(4) Any otherwise permitted intensification of a use or structure must comply with
current parking standards.
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(Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, §
1.F.24, 11-5-2014)
15-65.035 - Continuation after annexations; regulations applicable to nonconforming uses
or structures on property annexed to the City.
(a) A structure lawfully existing on the effective date of its annexation into the City
but which is in nonconformance at that time to any applicable City development
standard shall be considered a legal nonconforming structure, unless, as hereby
authorized, the City, at the time of annexation establishes a different status (in
whole or in part) for that structure as a condition of such annexation.
(b) A use lawfully existing on the effective date of its annexation into the City but
which is in nonconformance at that time to any applicable City use regulation shall
be considered a legal nonconforming use, unless, as hereby authorized, the City, at
the time of annexation establishes a different status (in whole or in part) for that
use as a condition of such annexation.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.040 - Residences and structures on substandard parcels.
(a) Multiple residences on parcels resulting in nonconforming use. Where the
number of residences on a parcel does not conform to later -adopted regulations, the
result is a legal nonconforming residential use. In such case, the property owner
shall identify as the conforming residence(s) on the parcel up to the number of
residences allowed by current City regulations and such identified residence(s)
shall not be subject to the regulations contained in this Article. The remaining
residence(s) shall be deemed nonconforming uses and structures. The property
owner election and status of the residence(s) on the property shall be documented
in a Statement of Acknowledgment of Legal Nonconforming Status recorded by
the property owner in the office of the County Recorder.
(b) Structures on nonconforming sites. A nonconforming use results where there is
an existing structure or a structure is proposed to be constructed on a lawfully
created parcel having a site area, frontage, width or depth less than the minimum
standards prescribed for the zoning district in which the parcel is located. However,
such structure shall be considered conforming and shall not be subject to the
regulations contained in this Article if all of the following conditions are satisfied:
(1) Where the width of a site does not conform with the applicable standard for the
zoning district, the minimum width of interior side setback areas for first floors
shall be not less than ten percent (10%) of the width of the site or six (6) feet,
whichever is greater, and the minimum width of an exterior side setback area
for first floors of a corner lot shall be not less than twenty percent2(0%) of the
width of the site or fifteen (15) feet, whichever is greater. The second floor
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setback area for interior and exterior lot lines shall be increased an additional
five (5) feet.
(2) Where the depth of the site is less than the applicable standard for the zoning
district, the rear setback area for the first floor shall be twenty percent2( 0%) of
the depth of the site or twenty (20) feet, whichever is greater. The second floor
rear setback area shall be increased an additional five (5) feet.
(3)
In the event the setbacks described in (1) and (2) above are determined to be
greater than those in the applicable zoning district standard, then the zoning
district standard shall apply. Except as provided in (1) through (2) above, the
residence shall comply with all other regulations for the zoning district, except the
minimum site area and frontage which render the existing parcel substandard.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.050 — Repairs or alterations to structures.
Approvals and Permits. Subject to the provisions of this Article, minor repair or alteration
to a nonconforming structure may be performed without Planning Commission approval,
provided such alterations do not increase the degree of noncompliance or otherwise increase
the discrepancy between existing conditions and the requirements of this Chapter, and
further provided that all otherwise required approvals and permits are first obtained.
(b) Major. Subject to the provisions of this Article, major repair and alteration of a
nonconforming structure may be permitted if the Planning Commission makcs the
following determinations:
(2) The repair and/or alteration does not increase the degree of noncompliance, or
otherwise increase the discrepancy between existing conditions and the
requirements of this Chapter; and
(3) The repair and/or alteration does not effectively extend or perpetuate the useful
life of any particular f-ature or portion of the structure which is
nonconforming.
In no event shall the cumulative expenditures for repairs and/or alterations on any
or unless the structure is subject to Section 15 65.070 of this Code.
(Ord. No. 273, § 1(att. A), 9 16 2009)
15-65.055 - Residential properties with substandard parking.
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Notwithstanding any other provisions of this Article, existing residential structures and uses
which are only nonconforming with respect to the parking requirements of Section 15.35.030
may be repaired, altered, reconstructed, or expanded as noted below:
(a) Structures on a residential property with an existing one -car garage may be repaired,
altered, reconstructed, or expanded with a building permit application provided that a
design review approval is not required by Section 15.45.60 or 15-45.065.
(b) Structures requiring design review approval must comply with the parking requirements
of Section 15.35.030.
(Ord. No. 328, § 1(Att. A, § 20), 7-1-2015)
15-65.60 - Expansion of nonconforming structures.
A nonconforming Nonconforming structure shall not be moved or altered so as to increase in any
way the discrepancy (or change the footprint) between existing conditions and the development
standards established by this Code except as provided below. Examples of prohibited
alterations include the following:
(1) Single family residential structures that are nonconforming because a
portion of the structure extends into a side yard setback area may continue
the existing setback encroachment on one side for a one-story addition,
provided that the proposed extension of the nonconforming building wall
shall not be closer than six (6) feet to a property line and does not extend the
structure more than fifteen (15) feet.
(2) Proposed expansion of nonconforming side yard setbacks up to one (1) foot
shall be reviewed in conjunction with a building permit application provided
that a current boundary line survey verifying the location of the structure
and all relevant property lines is also submitted. Proposed expansion of
nonconforming side yard setbacks in excess of one (1) foot shall be subject to
administrative design review.
Area Ratio (or Site Coverage) limit may not add one hundred square feet to the
-structure by decreasing another portion of the dwelling by one hundred square
feet to keep the dwelling at the original square footage, even though there
would be no net gain in Floor Area (or Site Coverage) as to the legal
nonconforming structure.
(2) A legal nonconforming structure which is nonconforming (in part) because a
portion of the structure extends into a setback area may not expand by
equivalent nonconforming square footage from another yard setback area, even
10
though there would be no net gain in the total nonconforming area encroaching
into a required setback.
The prohibition against moving or increasing the discrepancy of a legal nonconforming
structure shall not apply if a variance for the moving or increase is granted pursuant to Article
15-70 of this Chapter.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.065 - Reconstruction.
Reconstruction of any nonconforming structure that results from a demolition as defined
by this Code and or exceeding fifty percent5(0%)of the construction valuation of the entire
structure structure's existing foot print must conform to all standards in this Chapter unless the
structure is subject to Section 15-65.070 of this Code.
Repair or alteration work which does not include any proposed exterior changes to a
nonconforming structure is not considered reconstruction or expansion.
(Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013)
15-65.070 - Reconstruction following involuntary damage to or destruction of nonconforming
structure.
(a) Reconstruction to previous configuration. A nonconfoiining structure which is
involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other
catastrophic event may be reconstructed up to its previous configuration (as to both
horizontal and vertical building envelope) subject to Section 15-65.025 of this
Code, provided that the reconstruction does not exceed the structure's predamaged
height, first and second story footprint, and does not restore, create or result in a
health and/or safety hazard.
(b) Reconstruction of multi -family dwellings subject to Government Code section
65852.25. When a nonconforming multi -family dwelling is involuntarily damaged
or destroyed by fire, flood, earthquake, vandalism, the public enemy or other
catastrophic event and the structure is subject to Government Code section
65852.25 (or any successor thereto) it may be reconstructed so long as the City
Council has not made findings in accordance with that section to prohibit the
reconstruction provided that the reconstruction does not exceed the structure's
predamaged size and number of dwelling units and otherwise conforms with that
section.
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(c) Residential structure in commercial zoning district. When the structure is at
least in part a residential structure in a commercial district it may be reconstructed
provided that the reconstruction:
(1) Does not exceed the structure's predamaged size and number of dwelling units;
and
(2) Maintains the same amount of floor area devoted to residential use as the
predamaged structure; and
(3) Reproduces the design of the predamaged structure to the maximum extent
feasible or is of a revised design approved pursuant to then current design
review standards and procedures.
(d) Compliance with other regulations. Except as otherwise provided in this Section
with regard to reconstruction of all or a portion of a structure to its previous
nonconforming condition, all reconstruction shall be subject to all applicable laws,
regulations and procedures otherwise governing construction on the site
at the time such reconstruction is undertaken.
(e) Time to commence reconstruction. The reconstruction work authorized by this
Section shall be commenced within two (2) years from the date of damage or
destruction (unless, prior to the expiration of that two (2)year period, the deadline
to commence reconstruction is extended by the Community Development Director
for up to another two (2) years) and be prosecuted diligently to completion.
(Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.22, 10-16-2013)
15-65.075 Preservation of Historic Buildings.
Any proposed construction or alteration work to an existing nonconforming structure that
is listed on the City of Saratoga Historic Landmark List, Heritage Resource Inventory List,
California Register of Historical Resources (CRHR) or National Register of Historic Places
shall be exempt from the repair or alteration provisions of this Article provided all of the
following requirements are satisfied:
(a) The property must be listed on one of the following approved historic resource
listings:
(1) City of Saratoga Historic Landmark List;
(2) City of Saratoga Heritage Resource Inventory List;
(3) California Register of Historical Resources (CRHR); or
(4) National Register of Historic Places
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(b) The City's Heritage Preservation Committee shall review any proposed work
exceeding one -hundred (100) square feet or any work that is visible from an
adjacent street and shall provide a recommendation to the Community
Development Director as to the compatibility of the proposed repair or
alteration work with the historic character of the structure
(c) The proposed repair or alteration work shall maintain any front building facade
that is visible from and adjacent street in a historically appropriate manner
determined by the Heritage Preservation Committee
(d) The property shall be exempt from any square footage reconstruction limit
based on floor area
15-65.080 - 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.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.090 - Change of use.
(a) A nonconforming use shall not be replaced or supplemented by another
nonconforming use.
(b) Any portion of a nonconforming use, which is changed to a conforming use, shall not
be re-established.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.100 - Expansion or intensification of nonconforming uses.
(a) Except as provided in subsection (b) below, a nonconforming use may not be
expanded or intensified. This prohibition shall include, but not be limited to, any
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
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(2) Increases the number of structures or size of any structure housing a
nonconforming use or any portion thereof; or
(3) Increases the amount, volume, or intensity of a nonconforming business use, or
the machinery, equipment, trade fixtures or other personal property utilized in
the conduct of such use; or
(4) Displaces any conforming use occupying a structure or site.
(b) The Planning Commission may approve the expansion and/or intensification of a
nonconforming use upon finding that such expansion and/or intensification will not
adversely affect existing or anticipated uses in the immediate neighborhood, and
will not adversely affect surrounding properties or the occupants thereof Any such
approval shall include a condition requiring recordation of a Statement of
Acknowledgment of Legal Nonconforming Status and specification therein of the
limit(s) of such approved expansion and/or intensification.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.110 - Reconstruction of damaged or destroyed nonconforming use.
(a) A nonconforming use which is involuntarily damaged or destroyed by fire, flood,
earthquake, vandalism or other catastrophic event not exceeding seventy-five
percent7( 5%) of the use may be re-established for continued occupancy by the
nonconforming use or uses(s) previously conducted therein, subject to the
following limitations:
(1) The extent of nonconformity (i.e., neither the intensity of activity, nor the site
area or floor area occupied by the nonconforming use subsequent to
reconstruction or restoration of the site or structure(s)) shall exceed that
existing prior to the damage or destruction of the use.
(2) Reconstruction or restoration of the use shall be subject to all applicable laws,
regulations and procedures otherwise governing construction on the site at the
time such construction is undertaken.
(3) The re-establishment of the use authorized by this Section shall be commenced
within two (2) years from the date of damage or destruction (unless, prior to the
expiration of that two (2)year period, the deadline to commence re-
establishment is extended by the Community Development Director by up to
another two (2) years) and prosecuted diligently to completion.
(Ord. No. 273, § 1(att. A), 9-16-2009)
15-65.120 - Termination of nonconforming uses and structures by abandonment or
discontinuance/cessation of use.
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(a) Whenever a nonconforming use has ceased, been abandoned or discontinued for a
period of one hundred eighty (180) consecutive days or longer, such use shall not
be resumed, re-established, or continued and all subsequent uses of the site and the
structures thereon shall conform to the requirements of this Chapter.
(b) Whenever a nonconforming structure has been abandoned or its use has ceased for
a continuous period of one (1) year or longer, the structure shall be removed from
the site or changed to a conforming structure.
(c) Discontinuance of a nonconforming use for a period of one hundred eighty1(80)
consecutive days or nonuse of a nonconforming structure for a continuous period
of one (1) year, shall conclusively be presumed an abandonment,
discontinuance/cessation of such use or structure under the terms of this Section;
provided, however, a discontinuance of use in either of the following
circumstances shall not be counted toward such time periods:
(1) Any discontinuance of use of up to three hundred sixty3(60) days in
connection with a pending sale or other transfer of ownership or management
of a nonconforming use or structure to a designated person where 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 of a damaged or
destroyed nonconforming structure, where such reconstruction is permitted
under this Article.
(Ord. No. 273, § 1(att. A), 9-16-2009)
CONFORMING AMENDMENTS
Section 15-19.060 is amended to read as follows:
15-19.060 Continuation of nonconforming uses
Notwithstanding the provisions of Section 15-65.020(01) of this Chapter, any clinic
operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged
in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of
September 6, 1989, was lawfully established and legally operating as a permitted use, shall
be exempted from the necessity to obtain a use permit for continuation of such use, but in all
other respects shall be regarded as a nonconforming use. Any mini -storage facility lawfully
operating pursuant to a a use permit granted prior to September 6, 1989, may continue to
operate pursuant to the terms and conditions of such permit.
END OF AMENDMENTS
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Section 2. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, and 15061(b)(3) - Where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment.
Section 3. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen (15) days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced and read at
the regular meeting of the City Council of the City of Saratoga held on the 18th day of October,
2015, and was adopted by the following vote following a second reading on the 2nd of December,
2015.
COUNCIL MEMBERS:
AYES: Mayor Miller, Vice Mayor Cappello, Council Members Lo, Bernald, Kumar
NOES: None
ABSENT: None
ABSTAIN: None
NE
ATTEST:
E. Manny Cappello Debbie Bretschneider
MAYOR OF THE CITY OF SARATOGA ACTING CITY CLERK
Saratoga, California Saratoga, California
APPROV .` AS TO FO
0
Catherine Engberg, ACTIN
CITY ATTORNEY
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