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HomeMy WebLinkAboutOrdinance - 2560 - Amend Title 18 - nonconforming uses ORDINANCE NO. 2560 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 18 (ZONING), CHAPTER 18.46 (NONCONFORMING USES, STRUCTURES, SITES AND PARCELS) OF THE REDDING MUNICIPAL CODE BY AMENDING SECTIONS 18.46.020 (NONCONFORMING USES), 18.46.030 (NONCONFORMING STRUCTURES), AND 18.46.040 (NON- CONFORMING SITES) RELATING TO THE CONTINUATION, ABANDONMENT AND CESSATION OF NONCONFORMING USES, STRUCTURES AND SITES WHEREAS, the Planning Commission held a duly noticed public hearing on February 10, 2015, whereby it considered amendments to Redding Municipal Code Title 18 (hereafter "Zoning Code) and recommended that the City Council adopt the proposed amendments and the resulting Addendum to the Mitigated Negative Declaration dated February 4, 2015, to the Mitigated Negative Declaration dated October 1, 2002, adopted for the Zoning Code; and WHEREAS, the City Council adopted the addendum to the mitigated negative declaration for the Zoning Code at its regular meeting of March 17, 2015, and offered an Ordinance amending Title 18 of the Redding Municipal Code for first reading only, waived the full reading of the Ordinance, and authorized the City Clerk to publish a summary ordinance; and WHEREAS, the City Council adopted the Ordinance amending Title 18 of the Redding Municipal Code codified as Ordinance No. 2521 at its regular meeting of April 7, 2015; and WHEREAS, subsequent review of Ordinance No. 2521 revealed that certain drafting errors had occurred between the time of the Planning Commission's action on February 10, 2015, and the City Council's consideration of the Ordinance on March 17, 2015; and WHEREAS, the amendments to the Zoning Code offered herein were fully considered at the public hearing held on February 10, 2015, before the Planning Commission and fully informed the recommendation made by the Planning Commission to the City Council at the March 17, 2015, public hearing and meeting; and WHEREAS, the amendments set forth herein to the Zoning Code were addressed by the Addendum to the Mitigated Negative Declaration dated February 4, 2015, to the Mitigated Negative Declaration dated October 1, 2002; and G WHEREAS, the City Council hereby finds that it is necessary to further amend the Zoning Code, as set forth herein, in order to correct the above-mentioned drafting errors and to conform the Title 18 of the Zoning Code so that it is consistent with the recommendation of the J\ Planning Commission and the intention of the City Council to adopt all such amendments when it adopted Ordinance No. 2521. Page 1 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 18.46.020 is hereby amended to read as follows: 18.46.020 - Nonconforming uses. A. Continuation. Legal nonconforming uses, including uses lacking permits or other entitlements, may be continued provided that such use shall not be materially modified or intensified or be expanded to occupy a greater area than that occupied by the use at the 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 fifty 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. Legal nonconforming uses may be permitted to be changed to a different nonconforming use provided that the new use is of the same or a less intensive nature and provided that in each case a site development permit approved by the board of administrative review shall first be obtained. 1. Exceptions. No nonconforming use that involves the storage, use or generation of hazardous materials, presses, products, or wastes or other activity that may be detrimental to public health or safety because of the potential to generate dust, glare, heat, noise, noxious gases, odor, smoke, vibration, or other conditions that would be incompatible with surrounding uses may be substituted for an existing nonconforming use even if the use is of the same or less intensive nature. Page 2 Section 2. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites and Parcels), Section 18.46.030 is hereby amended to read as follows: 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 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. 1. Exceptions: See Section 18.46.060 (Residential structures in office, commercial or industrial zones) and Section 18.46.070 (Nonconforming multiple-family dwellings) of this chapter. D. Maintenance, Repairs and Rehabilitations. Ordinary maintenance and repairs may be made to any legal nonconforming structure. Section 3. Title 18 (Zoning), Chapter 18.46 (Nonconforming Uses, Structures, Sites and Parcels), Section 18.46.040 is hereby amended to read as follows: 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. Page 3 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 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. Uses on legal nonconforming sites may be changed to a different use without bringing the site into compliance with this code provided that the degree of nonconformity is not increased. 1. Exceptions: a. Any nonconforming signage on the property shall be brought into compliance with this code. b. Any discretionary permit required for the increase in the floor area of a principal building on a site by twenty percent or more shall address existing nonconformances on the site, including, but not limited to, lack of screening of mechanical or other equipment; required landscape; lack of curb, gutter or sidewalk; and/or nonconformances that have adverse impacts to adjacent properties. The approving authority may establish a schedule for elimination of the nonconformances and may also determine those nonconformances that need not be remedied because the location of existing structures or the configuration of the site make it infeasible. E. Maintenance, Repairs and Rehabilitation. Ordinary maintenance and repairs may be made to any legal structure or appurtenances on a nonconforming site provide that the work does not create greater nonconformances on the site. Section_4. Severability. 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 the ordinance. The City Council of the City of Redding hereby declares that it would have passed Page 4 this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 5. The City Council has previously adopted the Addendum dated February 4, 2015, to the Mitigated Negative Declaration dated October 1, 2002, based on the information and findings set forth in the staff report and Addendum dated February 4, 2015, submitted to the City Council at its regular meeting on March 17, 2015, and finds that the contents of this Ordinance were addressed in said Addendum to the Mitigated Declaration. Section 6. This ordinance shall take effect thirty (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 of the City of Redding at a regular meeting on the 6th day of December, 2016, and was duly read and adopted at a regular meeting on the 20th day of December, 2016, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER,Mayor Attest: Form Approved: � �� 4 / l V l PAMELA MIZE, C:ty Cle'r 'TARRY . DeW.• LT City Attorney Page 5