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HomeMy WebLinkAboutOrdinance - 2521 - Amend Title 180 • SUMMARY OF CITY OF REDDING ORDINANCE NO. 2521 The following is a summary report of the City of Redding's Ordinance No. 2521, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by amending Title 18, Chapter 18.46, relative to Nonconforming Uses, Structures, Sites and Parcels. The proposed Ordinance was introduced and read by the Redding City Council on March 17, 2015, and will be considered for adoption at its next regular meeting. The amendments consist of cleanup to reconcile inconsistent approval processes for expansion of non -conforming uses, remove redundancies and clarify ambiguities all related to the continuation of, the expansion of or the loss of nonconforming rights relative to land uses, structures, sites and parcels. A copy of the full ordinance containing details of the above summarized content is available for inspection at the City of Redding, Office of the City Clerk. DATED: March 20, 2015 r ORDINANCE NO. 2521 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.46 (NONCONFORMING USES, STRUCTURES, SITES AND PARCELS) BY AMENDING SECTIONS 18.46.010 THROUGH 18.46.040, REPEALING SECTION 18.46.050 AND AMENDING SECTIONS 18.46.060, 18.46.070, 18.46.090, 18.46.110 AND AMENDING CHAPTER 18.61 (LIST OF TERMS AND DEFINITIONS) TO AMEND CERTAIN DEFINITIONS ALL RELATED TO CLEAN UP AND IMPROVEMENTS TO PROCESS ASSOCIATED WITH CONTINUATION OF OR EXPANSION TO OR LOSS OF NONCONFORMING USES, STRUCTURES, SITES AND PARCELS NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites and Parcels) Section 18.46.050 is hereby repealed. Section 2. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites and Parcels) sections 18.46.010 through 18.46.040 and sections 18.46.060, 18.46.070, 18.46.090 and, 18.46.110 are hereby amended to read as follows: Chapter 18.46.010 - Purposes. This chapter establishes uniform provisions for the regulation of legal nonconforming uses, structures, sites and parcels. Within zoning districts established by this code, there exist structures, land uses, site improvements and parcels that were lawful prior to the adoption of this code, but which would be prohibited, regulated, or restricted differently under the use regulations and development standards of this code or future amendments. It is the intent of this chapter to discourage the long-term continuance of nonconformities that have resulted, or can be expected to result in conflicts with surrounding conforming land uses, providing for their eventual elimination, but to permit other nonconformities to exist under limited conditions outlined in this chapter. This chapter also recognizes that the investments made in developed property can be substantial and that provisions for continuation of certain nonconforming uses may be desirable, particularly if it can be assured that the use does not negatively impact adjacent properties. Further, this chapter provides for the improvement of nonconforming structures and properties to reduce the blighting influence that can occur if abandoned structures cannot be reused for their designed purposes. 18.46.020 - Nonconforming Uses. A. Continuation. Legal nonconforming uses, including uses lacking permits or other `1J entitlements, may be continued provided that such use shall not be materially modified or LA intensified or be expanded to occupy a greater area than that occupied by the use at the �J 1 0 0 time it became nonconforming, unless a site development permit is approved by the Board of Administrative Review (BAR) in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. B. Abandoned. If the legal nonconforming use ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall be in conformance with the regulations specified by this title for the district in which the land is located unless a site development permit is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. C. Damage or Destruction. If the use of a legal conforming structure associated with a nonconforming use is caused to cease through damage or destruction by fire or other cataclysmic occurrence to an extent of more than 50 percent of the replacement value thereof, the subsequent use of the land shall be in conformance with the regulations specified by this code for the district in which the land is located, unless a site development permit (BAR) is granted to continue the nonconforming use in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code,. except that residential uses may be reestablished provided that reconstruction does not increase any previously existing nonconforming site conditions or increase the number of dwelling units on a site; see Sections 18.46.060 (Residential structures in office, commercial), and 18.46.070 (Nonconforming multiple -family dwellings) of this chapter. D. Change of Use. [No change] 18.46.030 - Nonconforming Structures. A. Continuation. Legal nonconforming structures may remain provided that such structure shall not be enlarged or altered so as to increase the discrepancy between existing conditions and the development regulations and type of conforming structure typical of the Zoning District in which it is located, unless a site development permit is approved by the BAR, in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. B. Abandoned. If a legal nonconforming structure remains vacant for a continuous period of twelve months, it shall be considered abandoned and shall thereafter be removed or converted to a conforming structure with a conforming site and use unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. The presumption of abandonment may be rebutted upon a showing, to the satisfaction of the director, and appealable to the BAR that during such period, the owner of the structure: (1) has been maintaining it and did not intend to discontinue the use; and (2) has been actively marketing the structure for sale or use; or (3) has been engaged in other activities evidencing an intent not to abandon the use. C. Damage or Destruction. If a legal nonconforming structure is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the current replacement cost, as estimated by the director, it may not be restored except in full 2 compliance with the regulations for the zone in which it is located, unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. [No change] D. Maintenance, Repairs and Rehabilitation. [No change] 18.46.040 - Nonconforming Sites. A. Continuation. Legal uses or structures on legal nonconforming sites may continue provided that if the use or structure on the nonconforming site is enlarged, increased, or intensified, it does not increase the nonconformity or introduce a new nonconformity. Exception: an existing structure with a nonconforming corner side yard setback of not less than ten feet may be enlarged such that the length of the encroachment is increased. Such enlargement shall not encroach closer to the street property line than that of the existing structure. B. Abandoned. If the use of a legal nonconforming site ceases for a continuous period of twelve months, it shall be considered abandoned, and the subsequent use of the land shall require site modifications to be made to bring the site into conformance with the regulations specified by this title for the district in which the land is located unless a site development permit (BAR) is granted in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code. C. Damage or Destruction. If a legal conforming structure on a legal nonconforming site is damaged or destroyed by fire or other cataclysmic occurrence, to an extent of more than fifty percent of the replacement value thereof, the restoration of such structure and site use shall be in full compliance with the requirements of this title unless a site development permit (BAR) is granted to continue the nonconformity in accordance with Chapter 18.13, Site Development Permits, of the Zoning Code; or for residential structures, the provisions of Section 18.46.060 (Residential structures in office, commercial) or Section 18.46.070 (Nonconforming multiple -family dwellings) of this chapter, apply. The BAR will consider the request in light of existing neighborhood characteristics, particularly the prevalence of similar nonconformities in the area. D. Change of Use. [No change] E. Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure or appurtenances on a nonconforming site provided that the work does not create greater nonconformances on the site. 18.46.060 - Residential Structures in Office, Commercial or Industrial Zones. A. Continuation. [No change] 3 B. Use Ceased by Involuntary Damage or Destruction. Nonconforming residential uses destroyed by fire or other cataclysmic occurrence may be reestablished provided that: Reconstruction is consistent with building setback, height, and other development regulations of the district provided that if the building setbacks of the original structure did not conform to district regulations, the nonconforming setbacks may be maintained, but not expanded; 2. The use will not be detrimental to residents of the structure as determined by the director; 3. A building permit for reconstruction is issued within twenty-four months of destruction. If these standards cannot be met, a new residence may be reestablished subject to approval of a site development permit by the director. C. [No change] 18.46.070 - Nonconforming Multiple -Family Dwellings. Multiple -family dwellings or dwelling groups (two or more attached or detached dwelling units on a lot) exceeding the allowable density of the district in which they are located that are involuntarily damaged and/or destroyed may be rebuilt with the same number of dwelling units provided that the following conditions are met: A. Two to Four Dwelling Units. Preexisting site nonconformances shall not be increased beyond those existing prior to destruction of the dwelling(s). B. Five or More Dwelling Units. Rebuilding conforms to the parking, height, setback, open -space, and other provisions of this code. A site development permit is required if these standards cannot be met, but in no case shall any site nonconformities be increased beyond those that existed prior to destruction of the dwelling(s). C. A building permit for reconstruction is issued within twenty-four months of destruction. To facilitate implementation of the policies of the housing element of the general plan, multiple -family dwellings or dwelling groups exceeding the allowable density of a district in which they are located may be substantially reconstructed or may be voluntarily destroyed and rebuilt if such action is authorized under a City of Redding housing program for ownership or rental by persons of low or moderate income or if a site development permit is approved by the director for reconstruction of the units. The provisions of subsection A or B of this section shall be met for any reconstruction. 18.46.090 Conformity of Uses Requiring Use Permit Any lawful use existing at the time of adoption or amendment of this code in airy zoning district that allows the use subject to the granting of a site development permit or use permit shall be .19 • 0 deemed a legal conforming use for purposes of this Chapter. Any expansion or change in the intensity of the use requires a site development permit or use permit as required by this code. 18.46.110 Unlawful Structures and Uses Structures and uses that did not comply with the applicable provisions of this code or the regulations in effect when the structures or uses were established are violations of this code. No right to continue occupancy of property containing an illegal structure or use is granted by this chapter. Section 3. Title 18, Chapter 18.61 (List of Terms and Definitions), section 18.61.020 is hereby amended only with respect to the definition of "Nonconforming Terms" to read as follows: 18.61.020 Definitions. Nonconforming Terms. Abandoned. A use has ceased or a structure has been vacated for a time period as specified in this chapter. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining or otherwise improving or rearranging a facility. Intensity. The measurable impacts which a use has on infrastructure, the environment or nearby property and uses. Intensification of Use. Any change in mode or character of operations which is determined by the director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation, shall be considered an "intensification of use" of a nonconforming use. Nonconforming Parcel. A parcel of record that does not comply with the access, area, or width requirements of the zoning district in which the parcel is located. Nonconforming Site. A site which contains a structure that _does not comply with the setback, lot coverage, or other site requirements and/or requirements for parking, landscaping, storage and display areas, or other non-use restrictions or requirements established by the zoning ordinance or any amendments thereto, but which complied with the non-use restrictions or regulations in existence at the time of construction of the improvements. Nonconforming Structure. A structure which by its design and construction (e.g. an industrial building in a residential district) does not conform to structures typically associated with the underlying zoning district established by this title or any amendment thereto, but which complied with the non-use restrictions or regulations in existence at the time of the construction of the building or structure. 5 Nonconforming Use. Any use, whether of a building, structure, or parcel (lot or tract of land), which does not conform to the land -use regulations of this title for the zone in which such use is located, either on the effective date of this title or as a result of subsequent amendments which may be made to this title or by reason of annexation of territory to the city. Section 4. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 5. This ordinance shall take effect 30 days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 17th day of March, 2015; and was duly read and adopted at a regular meeting on the 7th day of April, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: t Attest: �. A �. . 1Pr �'_ , " e — PAMELA MIZE, Ci Jerk VA0.0 DUVERNAY\Casino Club\casino club 2014 amendments clean.wpd Cadd, Schreder, Weaver, & Sullivan None McArthur None n F E SULLIVAN, Mayor Form Approved: W. EONARD WING , Interim City Attorney T