HomeMy WebLinkAboutOrd 2060 - Amending Title 18, zoning, of the RMC by repealing CH 18.58, nonconforming issues, and Adding a new Ch 18.58, nonconformances ORDINANCE NO. O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING TITLE 18, ZONING, OF THE REDDING MUNICIPAL CODE
BY REPEALING CHAPTER 18.58, NONCONFORMING ISSUES, AND
ADDING A NEW CHAPTER 18.58, NONCONFORMANCES.
The City Council of the City of Redding does hereby ordain as
follows:
Section 1. Title 18, Zoning, of the Redding Municipal Code
is hereby amended by repealing Chapter 18. 58 , and adding a new
Chapter 18 . 58 , Nonconformances, as set forth in Exhibit "A"
attached hereto and incorporated herein by reference.
Section 2. The City Council has ratified the Negative
Declaration prepared in connection herewith, finding that no
significant effect on the environment is created hereby.
Section 3. The City Clerk shall certify to the adoption of
this Ordinance and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council on the 7th day
of September , 1993 , and was duly read and adopted on the 21st day of
September, 1993 , at a regular meeting of the City Council by the
following vote:
AYES: COUNCIL MEMBERS: Anderson, Dahl, Kehoe, loss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A EST: FORM APPROVED:00,
. Q
CONNIE STROHMAYER City Clerk RAkDALL A. HAY!(, City Attorney �J
CHAPTER 18.58
'.' n
Sections: ,
' T
18.58.010 Purpose and Intent. � �
18.58.020 Definitions.
18.58.030 Use Lacking a Use Permit.
18.58.040 Nonconforming Uses.
18.58.050 Nonconforming Structures.
18.58.060 Nonconforming Sites.
18.58.070 Abandoned Use Permits.
18.58.080 Residential Structures in a Commercial Zone.
18.58.090 Illegal Nonconformances.
18.58.100 Use or Structure Made Nonconforming During Construction or Establishment.
18.58.110 Cross-references.
18.58.010 Purpose and Intent. landscape, and signs. This is called a
"Nonconforming Site."
These regulations are established in order to
describe nonconfonnances created through E. The use of the land or structures on the land
annexation, zoning changes, General Plan requires a use pennit within the district in
amendments, or code changes. Nonconformance which the land is located and a use permit
falls into the following categories: was obtained (from Shasta County or the City
of Redding), but the use has been abandoned.
A. The use of the land or structures on the land This is called an "Abandoned Use Permit."
requires a use pen-nit within the district in
which the land is located, and no use permit F. The parcel contains residential structures, but
has been obtained. For example, an office in is located in a commercial zoning district and
an "R-4" Multiple Family Residential District lacks the required use pennit for residential
which lacks a use permit. This is called a use. This is called a "Residential Structure in
"Use Lacking a Use Permit." a Commercial Zone." This is in fact a
special category within the "Use Lacking a
B. The use of the land or structures on the land Use Permit" category, but is treated
is not allowed within the district in which the separately because the use (residential) and
land is located. For example, a wrecking the structure (house or multiple-family
yard in a Central Commercial District. This residence) cannot be separated.
is called a "Nonconforming Use."
A specific parcel and its structures and uses may
C. There is a structure or structures on a parcel be "nonconforming" in multiple ways. For
which are designed for uses not allowed example, there may be an office use in a
within the district in which the land is residential zone with a ten- (10) foot, front-yard
located. For example, a commercial structure setback. In such a situation, each aspect of'
in a residential district. This is called a nonconformance shall be dealt with separately
"Nonconforming Structure." according to the regulations for that aspect.
D. The use of the land or structures on the land 18.58.020 Definitions.
conform to the uses permitted within the
district on which the land is located; but the As used in this chapter, unless the context
land, structures, or other improvements in otherwise requires, the following words and
some way do not conform to the phrases shall have the meanings respectively
requirements of this title. Examples are ascribed to them:
building setbacks, parking lot design,
A. "Abandoned" means that a use has ceased, or
it structure has been vacated, for a time
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. CHAPTER 18.58
period as specified in this chapter. Cessation the land is located and which has been
or vacation can be determined through appropriately permitted by the City if a use
termination of utility service, photographic permit is required by the district in which the
record, lack of a licensed business at the site, land is located.
and other indications of cessation or vacation.
Abandonment does not include temporary or G. "Intensity" means the impacts which a use
short-term interruptions to a use or occupancy has on infrastructure, the environment., or
of a structure during periods of remodeling, nearby property and uses and also refers to
maintaining, or otherwise improving or the degree of pennanence of a use or
rearranging a facility, or during normal structure. "More intensive" means a use
periods of seasonal closure that have occurred which creates a greater impact on
on a regular basis for five years prior to the infrastructure, the environment, or nearby
nonconforming status. property and uses or increases the degree of
permanence of a use or structure. Examples
B. "Abandoned Use Permit" means a use permit of more intensive uses include, but are not
which has become subject to the restrictions limited to, those which involve an increase in
of this chapter through abandonment. traffic, an increase in parking demand, an
increase in noise levels, an increase in air
C. "Cessation" means the discontinuance of the quality impacts, an increase in the area of the
primary and significant use or activity on a use, greater land-use conflicts with nearby
site. As an example, consider the following: property and uses, or the increase of the
Lumber yards usually involve an outdoor permanence of an existing use or structure.
storage/sales area and a building containing "Less intensive" means a use which creates a
smaller retail sales and offices. In a "C-2" lesser impact on infrastructure, the
zone, the building with its associated retail environment, or nearby property and uses or
and office is conforming, but the lumber yard decreases the degree of pennanence of a use
is not. Destruction of the building would not or structure. Examples of less intensive uses
affect the legal nonconforming status of the include, but are not limited to, those which
lumber yard, since the primary and involve a decrease in traffic, a decrease in
significant use has not ceased. Destruction of parking demand, a decrease in noise levels, a
the lumber yard would be considered decrease in air quality impacts, a decrease in
cessation of the legal nonconforming status the area of use, lesser land-use conflicts with
and would be treated as described in this nearby property and uses, or the decrease of
chapter. permanence of a use or structure.
D. "Conforming Site" means a parcel which H. "Nonconforming Site" means a parcel which
complies with all requirements of this title for does not comply with all requirements of this
the district in which the parcel is located title for the district in which the parcel is
relating to site improvements such as (but not located relating to site improvements such as
restricted to) building setbacks, parking, (but not restricted to) building setbacks,
landscape, and signage. parking, landscape, and signage. "Legal
E. "Conforming Structure" means a structure Nonconforming Site" means a parcel which
was a conforming site at the time that the last
which is designed for the conforming uses on conforming structure was built on the parcel,
a parcel. The use for which a structure was
designed can be determined from building or the last conforming use was established on
the parcel, whichever is later. "Illegal
codes, site characteristics (e.g., parking and Nonconforming Site" means a parcel. which
setbacks), architectural principles, and a
judgment of reasonable use. was a nonconforming site at the time that the
last conforming structure was built on the
F. "Conforming Use" means the use of land or parcel, or the last conforming use was
structures which conform to the regulation established on the parcel, whichever is later,
specified in this title for the district in which or a parcel on which changes have been
made to the site which have caused the site
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CHAPTER 18.58
to become nonconfonning. Legal use permit at the time the use was
nonconforming sites can be created by established. Legal uses lacking use permits
annexation, rezoning, General Plan can be created by annexation, rezoning,
amendment, and changes to the regulations General Plan amendment, and changes to the
specified in this title for the district in which regulations specified in this title for the
the parcel is located. district in which the land is located.
I. "Nonconforming Structure" means a structure 18.58.030 Use Lacking a Use Permit.
which is not reasonably designed for the
conforming uses on a parcel. The use for A. Continuation.
which a structure is designed can be
determined from building codes, site Legal uses lacking use permits may be
characteristics (e.g., parking and setbacks), continued provided that such use shall not be
architectural principles, and a judgment of enlarged or increased or be extended to
reasonable use. Examples of nonconforming occupy a greater area than that occupied by
structures are multiple-family structures in the use at the time it becomes subject to the
single-family residential areas and requirement for a use permit.
commercial structures in residential areas. B Change to Equivalent or Less Intensive Use.
"Legal Nonconfonning Structure" means a
nonconforming structure which was a Legal uses lacking use permits may be
conforming structure at the time the structure changed to a different use lacking a use
was built. "Illegal Nonconforming Structure" pen-nit providing that the new use is of the
means a nonconforming structure which was equivalent or a less intensive nature. When
nonconforming at the time the structure was a legal use lacking a use pennit is changed to
built. Legal nonconfonning structures can be a different use lacking a use pennit of a less
created by annexation,rezoning,General Plan intensive nature, the new, less intensive use
amendment, and changes to the regulations shall be the legal use lacking a use permit;
specified in this title for the district in which and the property cannot return to the former,
the structure is located. more intensive use without the issuance of a
J. "Nonconforming Use" means a use of a use permit and compliance with all
restrictions of this title.
structure or land which does not conform to
the regulation specified in this title for the C. Change to More Intensive Use.
district in which the Land is located. "Legal
Nonconforming Use"means a nonconfonning New uses which are judged to be more
use which was a confonning use at the time intensive than a legal use lacking a use
the use was established. "Illegal permit shall require the issuance of a use
Nonconforming Use"means a nonconforming permit and are subject to all restrictions of
use which was nonconfonning at the time the this title. When uses lacking use permits are
use was established. Legal nonconforming located on "Nonconforming Sites" (which is
uses can be created by annexation, rezoning, common), as defined in this chapter, the
General Plan amendment, and changes to the intensification of use on the site will also
regulations specified in this title for the require conformance with the provisions of
district in which the land is located. the "Nonconfonning Sites" section of this
K. Use Lacking a Use Permit" is a use which chapter.
requires a use permit in the district in which D. Abandoned.
the land is located, but. for which no use
permit has been obtained. "Legal Use If a legal use lacking a use permit ceases for
Lacking a Use Permit" means a use which a continuous period of six (6) months, it.shall
did not require a use permit at the time the be considered abandoned, and the subsequent
use was established. "Illegal Use Lacking a use of the land shall be in conformance with
Use Permit" means a use which required a the regulations specified by this title for the
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• CHAPTER 18.58
district in which the land is located. If a C. Abandoned.
legal use lacking a use permit ceases on a
specific area of a parcel for a continuous If the legal nonconforming use ceases for a
period of six (6) months, it shall be continuous period of six (6) months, it shall
considered abandoned on that area, and the be considered abandoned, and the subsequent
subsequent use of that area shall require the use of the land shall be in conformance with
obtaining of a use permit and compliance the regulations specified by this title for the
with whatever conditions of approval are district in which the land is located. If the
placed upon the issuance of such permit. nonconforming use ceases on a specific area
of a parcel for a continuous period of six (6)
E. Use Ceased by Damage or Destruction. months, it shall be considered abandoned on
that area, and the subsequent use of that area
If a legal use lacking a use pen-nit is caused shall be in conformance with the regulations
to cease through damage or destruction by specified by this title for the district in which
fire, explosion, earthquake, or other act, the the land is located.
reestablishment of such use shall require the
obtaining of a use pen-nit and compliance D. Use Ceased by Damage or Destruction.
with whatever conditions of approval are
placed upon the issuance of such pen-nit and If a nonconforming use is caused to cease
current City regulations. through damage or destruction by fire,
explosion, earthquake, or other act, the
18.58.040 Nonconforming Uses. subsequent use of the land shall be in
conformance with the regulations specified by
A. Continuation. this title for the district in which the land is
Legal nonconforming uses may be continued located.
provided that such use shall not be enlarged 18.58.050 Nonconforming Structures.
or increased or be expanded to occupy a
greater area than that occupied by the use at A. Continuation.
the time it becomes nonconforming. Illegal
nonconforming uses shall cease. Legal nonconforming structures may remain
provided that such structure shall not be
B. Change to Same or Less Intensive. enlarged or altered.
Legal nonconforming uses might be permitted B. Abandoned.
to be changed to a different nonconfonning
use provided that the new use is of the same If a legal nonconforming structure remains
or a less intensive nature and provided that, vacant for a continuous period of twelve (12)
in each case, a use pen-nit shall first be months, it shall be considered abandoned and
obtained. It is noted that such use permit is shall thereafter be removed or converted to a
discretionary and shall be evaluated on a conforming structure with a conforming site
case-by-case basis. As a result, it may be and use. If the structure cannot be converted
denied, and may involve conditions of to a conforming structure with a conforming
approval requiring alteration, reduction of site, the structure shall be removed. This
size, or other change from the previous uses provision applies to any structure on a parcel
and structures. New nonconforming uses individually such that if one legal
which are judged to be more intensive are nonconforming structure on a parcel is
prohibited. When a legal nonconfonning use abandoned, that structure must be removed or
is changed to a different nonconfonning use converted even if other legal nonconfonning
of a less intensive nature, the new, less structures on the parcel have not been
intensive use shall be the legal abandoned.
nonconfonning use; and the property cannot
return to the forner, more intensive use.
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• ® CHAPTER 18.58
C. Maintenance and Repairs. New uses on legal nonconforming sites,
which are judged to be more intensive, or the
Ordinary maintenance and repairs may be expansion of legal structures on legal
made to any legal nonconforming structure nonconforming sites shall require the
provided no structural alterations are made upgrading of the site to conformance with
and provided that the work does not exceed this title according to the following principles
fifteen (15) percent of the structure's if these standards are not already met:
replacement value in any one- (1) year
period. Other repairs or alterations may be 1. Nonconforming parking lots are
permitted provided that a use pernit shall addressed in Chapter 18.62, with
first be obtained in each case. additional restrictions as specified in
Item 2 of this section.
D. Damage or Destruction.
2. Irrespective of whether or not there is an
If a legal nonconfonning structure is increase of 15 percent demand for
damaged or destroyed by fire, explosion, parking, the following restrictions shall
earthquake, or other act to an extent of more apply to nonconforming parking lots:
than seventy-five (75) percent of the
replacement value thereof, it may be not be a. Street frontage landscape planters
restored. required by the Parking Code shall
be installed, unless waived by use
18.58.060 Nonconforming Sites. permit.
A. Continuation. b. Screening and/or fencing required
Legal uses or structures on legal for parking areas shall be installed.
nonconfonning sites that are defective in one c. Existing driveway cuts exceeding
or more areas may continue without the number or size or frontage
upgrading the site provided that the use or percentage pemlitted by applicable
structure on the nonconforming site shall not codes shall be made to conform,
be enlarged or increased or be extended to unless such provision is waived by
occupy a greater area than that occupied by use permit.
the use or structure at the time the site
becomes nonconforming, except as provided d. Code-specified,paved back-up areas
for by this section. for existing covered parking shall be
required, unless waived by use
B. Change of Legal Use to Same or Less permit.
Intensive Use.
3. Existing nonconforming setbacks,
Uses on legal nonconforming sites may be building separations, and heights may
changed to a different use without upgrading remain as long as they are not made
the site provided that the new use is of the more defective with respect to the City
same or a less intensive nature. When a use Code. The expansion of a structure
on a nonconforming site is changed to a cannot continue or expand the
different use of a less intensive nature, the nonconforming setback, building
new, less intensive use shall be the legal use separation, or height without a variance,
on the nonconforming site; and the property zoning exception, or administrative use
cannot return to the former, more intensive permit(for increased front-yard setback),
use without the issuance of a use permit and whichever is applicable.
compliance with all restrictions of this title.
4. Required street frontage landscape
C. Change of Legal Use to More Intensive Use planters and street trees shall be installed
or Expansion of Legal Structure. unless waived by use permit. Required
landscape buffers and landscape screens
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CHAPTER 18.58
shall be installed unless waived by use manner consistent with the principles
permit. revealed by these provisions.
5. In zones in which a specified percentage D. Residence lacking covered parking and/or
of the parcel must be landscaped, the paved driveway.
entire landscape must be provided upon
intensification of use or expansion of a A single-family residence, whether
structure, and the intensification or manufactured or built on site, with less than
expansion cannot occur if the percentage two covered parking spaces and/or without a
requirement cannot be met. paved driveway is a special category of a
nonconforming site. Such residences may be
6. If applicable, all signs shall be modified expanded subject to the limitations of this
to comply to legal heights, sizes, section; accessory structures may be added
number, and type and shall be relocated (subject to the provisions of this title); and
to legal setbacks. other intensification of use may occur on the
site without upgrading the site to provide the
7. If applicable, screening and/or fencing parking spaces and/or paved driveway.
required for outdoor storage or for However, if the structure is damaged or
separation of uses shall be installed. destroyed as defined in Part G of this section,
or if a portion or all of the structure
8. Trash-container enclosures shall be representing more than seventy-five (75)
provided in accordance with Chapter
18.55. percent of the replacement value of the
structure is to be replaced, restored, or
9. The tree-planting requirements for rehabilitated,such replacement,restoration,or
parcels which do not conform to existing rehabilitation shall occur only if the site is
planting requirements of, the Tree made a confonning site, including the
Preservation Ordinance is presented in provision of two covered parking spaces and
Chapter 18.65. a paved driveway where required by
Chapter 18.62. A residence lacking covered
10. If structures exceed the maximum parking and/or paved driveway shall not be
building coverage on a lot, the structures expanded by more than 25 percent in fl6or
may remain, but may not be expanded in area, unless the site is made a confonning
any way except in height to legal height site including the provision of two covered
limits. parking spaces and a paved driveway where
required by Chapter 18.62.
11. Structures in an 'RM" zone which lack
adequate open space, as defined in E. Abandoned.
Chapter 18.19, may not be expanded.
The concept of abandonment in relationship
12. Curb, gutter, sidewalk, and tie-in paving to a nonconf rining site is not regulated.
shall be installed unless waived by use However, if the use or structures on a
permit. nonconforming site are abandoned as defined
by another section of this chapter or title and
13. Utilities, such as sewer, water and fire require a use permit to be reestablished, the
hydrants shall be installed in accordance reestablishment of such use or structures shall
with appropriate City ordinances. be considered an intensification of use and
shall be regulated in accordance with Part C
14. All overhead electric facilities on site of this section.
shall be placed underground, unless such
requirement is waived by use permit. F. Maintenance and Repairs.
15. Other site characteristics not covered by Ordinary maintenance and repairs may be
these provisions shall be considered in a made to any structure on a nonconfonning
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• CHAPTER 18.58
site provided no structural alterations are 3. Uses prohibited in the coning district in
made and provided that the work does not which the structure or land is located
exceed fifteen(15)percent of the replacement may not be reestablished, even though a
value thereof in any one- (1) year period and previous use permit existed. Such uses
provided that the maintenance and repairs do are abandoned nonconforming uses.
not create greater nonconfomlances on the
site. Other repairs or alterations may be 4. Uses requiring a use permit in the zoning
pennitted provided that a use permit shall district in which the structure or land is
first be obtained in each case. located which is more intensive than the
abandoned use permit use or which are
G. Structure Damaged or Destroyed or Use proposed to be located on a
Ceased by Damage or Destruction. nonconforming site may be established
so long as a use pen-nit is first obtained.
If a structure on a legal nonconforming site is The establishment of such uses on
damaged or destroyed by fire, explosion, nonconfonning sites shall comply with
earthquake, or other act to an extent of more the "Nonconforming Site" section of this
than seventy-five (75) percent of the ordinance.
replacement value thereof, or if a use on a
nonconforming site is caused to cease B. Structure Damaged or Destroyed or Use
through damage or destruction by fire, Ceased by Damage or Destruction.
explosion, earthquake, or other act, the
restoration of such structure or use shall be in If a use or structure operating under the terms
full compliance with the requirements of this of' a use permit is destroyed, damaged, or
title. caused to cease through damage or
destruction by fire, explosion, earthquake, or
18.58.070 Abandoned Use Permits. other act, the use and/or structure shall be
considered an abandoned use permit and shall
A. Generally. thereafter be used only in accordance with
Uses for which a use permit was obtained the specifications of this section.
may be continued. If a use included in a use 18.58.080 Residential Structures in a
permit is abandoned for a period of six (6) Commercial Zone.
months or more, the use is considered as
having an abandoned use permit. The A. Continuation.
property may then be used only in
accordance with the following restrictions: Residential structures in a commercial zone
may be continued as a residential use
1. Uses pennitted outright in the zoning provided that such structures shall not be
district in which the structure or land is enlarged unless a use permit is first obtained.
located may be established.
B. Abandoned.
2. Uses requiring a use permit in the zoning
district in which the structure or land is So long as residential structures in a
located may be established so long as commercial zone are not used or converted
both of the following are in effect: for any use other than residential use,
residential use may continue irrespective of
a. The use is identical to, similar to, or periods of cessation of use. If a residential
of a less intensive nature than the structure in a commercial zone is used or
uses included in the abandoned use converted for any use other than residential
pen-nit. use, resumption of residential use shall
require a use permit and compliance with all
b. The site is a conforming site. requirements of this title.
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® CHAPTER 18.58
C. Maintenance and Repairs. 18.58.100 Use or Structure Made
Nonconforming During Construction or
Ordinary maintenance and repairs may be Establishment.
made to any residential structure in a
commercial zone provided no structural Any structure for which a valid building permit
alterations are made and provided that the has been granted and on which construction has
work does not exceed fifteen (15) percent of started prior to the structure's becoming
the replacement value thereof in any one- (1) nonconforming may be completed in accordance
year period. Other repairs or alterations may with the approved plans and specifications
be permitted provided that a use pen-nit shall provided that the construction is diligently carried
first be obtained in each case. on and completed within a reasonable time. Any
use for which a valid use permit has been issued
D. Use Ceased by Damage or Destruction. may be established providing it is substantively
If a residential structure in a commercial zone established within twelve (12) months of the date
is damaged or destroyed by fire, explosion, of issuance of the permit. Extensions of use
earthquake, or other act to an extent of more permits may be granted only for conforming uses
than seventy-five (75) percent of the with conforming structures and conforming sites.
replacement value thereof, restoration may be 18.58.110 Cross-references.
pennitted provided that in each case a use
permit shall first be obtained. Special nonconforming uses are also referenced in
E. Special Note About Use Permits. the following sections:
18.47.090 references substantial improvement
Residential structures are not always of structures in an
of Floodplain
appropriate in commercial zones. It is noted Combining District.
that the use pen-nits discussed in this section
are discretionary, shall be evaluated on a 18.47.150 references nonconforming uses in
case-by-case basis, may be denied, or may an "FP" Floodplain Combining District.
involve conditions of approval requiring
alteration, reduction of size, or other change 18.48.070 and 18.48.080 reference
to the existing structures. nonconfonning uses in an Airport Approach
Zone.
F. Conversion of Residential Structure to a
Commercial Structure. 18.62.020 and 18.68.030 reference parking
lot issues in relationship to the
Residential structures in commercial zones enlarging of structures or intensification of
that are to be converted to a commercial uses.
structure shall be treated the same as if a new
structure is being developed. 18.63.100 references the idling and
abandonment of surface mines.
18.58.090 Illegal Nonconformances.
18.65.180 references tree-planting issues in
The sections of this chapter relate to legal relationship to the enlarging of
nonconformances. Illegal nonconformances as structures.
defined by this chapter are not protected under the
terns of this chapter. Such nonconfonnances must 18.68.040, 18.68.050, 18.68.060 reference
be made fully confonning or shall cease and/or be annexed mobilehome parks.
removed.
18.90.100(A) references abandoned signs.
18.90.110 references nonconforming signs.
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