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MOORPARK CITY COUNCIL"
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan Community Development Directo
Prepared by: David A. Bobardt, Planning Ma g r w 0
DATE: August 22, 2002 (CC Meeting of 9/4/2002)
SUBJECT: Discussion of Replacement of Nonconforming Structures
when Destroyed by More than Fifty (50 %) Percent
Chapter 17.52 (Nonconformities and Substandard Lots).
BACKGROUND
At the August 21, 2002 Council meeting, Mrs. Deborah Tash
expressed concern over Zoning Ordinance provisions regarding
rebuilding of existing single- family houses in a commercial zone
if they are destroyed by fire. Her concern focused on the
owner's inability to refinance the units at a residential
lending interest rate. Mrs. Tash stated that because the
buildings would have to be rebuilt for commercial uses, if
destroyed, the banks would charge a higher commercial lending
rate. The City Council asked staff to bring back a report
discussing this issue for its consideration.
DISCUSSION
Uses that have been established legally, but are no longer
permitted on the property due to a change in zoning regulations
are known as nonconforming uses. The regulation of
nonconforming uses must balance the desire to reduce land use
planning or compatibility conflicts with existing private
investments in land and buildings. Most cities have provisions
in their Zoning Ordinances that address the continuation of
nonconforming uses. Moorpark's Zoning Ordinance has two kinds
of regulations for nonconforming uses, found in Chapter 17.52.
First, certain uses have an amortization period, whereby the use
of the property must be brought into conformity with the Zoning
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Honorable City Council
September 4, 2002
Page 2
Ordinance within a specified time period. Amortization is
typically applied to uses that are either inexpensive to
establish or to uses that pose significant compatibility issues.
In Moorpark, uses not involving permanent structures are
amortized, along with commercial or industrial uses in
residential, open space, or agricultural zones. The time period
for bringing such uses into conformity ranges from three (3) to
sixty (60) years, depending on the use. This section does not
apply to the cases mentioned by Mrs. Tash.
Second, for nonconforming uses that are not subject to
amortization, the Zoning Ordinance allows the uses to continue
as long as they are not expanded. Section 17.52.070A.1. sets
provisions for voluntary removal, damage, or destruction of more
than fifty (500) percent of the roof or floor area. In this
case, the requirements of the Zoning Ordinance would require the
entire structure and use be brought into conformity with the
Zoning Ordinance and the Building Code. The second part of this
Section provides that if the structure is involuntarily damaged
or destroyed in whole or part, it may be restored to its
original state (meeting current Building Code requirements),
provided restoration is begun within twelve (12) months of the
damage and diligently pursued to completion. These rules apply
to residential uses in commercial zones. Staff believes the
existing regulations address the concern expressed at the August
21, 2002, City Council meeting about the ability to rebuild
nonconforming uses that are destroyed involuntarily, such as by
fire.
No change in the Nonconforming Chapter of the Zoning Ordinance
is needed to address the issue of replacement raised by Mrs.
Tash.
STAFF RECOWENDATION
Direct staff to provide a letter to Mrs. Tash clarifying the
City's requirements for reconstruction of nonconforming uses.
Attachment:
Municipal Code Chapter 17.52 - Nonconformities and Substandard
Lots.
Chapter 1752
NONCONFORMITIE.S AND
SUBSTANDARD LOTS
Sections:
1752.010
purpose.
1752.020
Nonconforming structures.
1752.030
Continuation of existing
nonconformance mobilehomes.
1752.040
Nonconforming uses due only to
changes in parking requirements.
1752.050
The keeping of animals.
17.52.060
Other nonconforming uses (no
longer permitted).
1752.065
Garage conversions -
Grandfathered.
1752.070
Destruction.
1752.080
Additional use.
1752.090
Use of nonconforming lots.
1752.100
Involuntary nonconformance.
1752.110
Effect of change of zoning
regulations.
1752.010 Purpose.
The purpose of this chapter is to provide for the
continuation, alteration, conversion or termination of certain
classes of lawful, nonconforming uses and structures (other
than signs and billboards) under certain conditions, and
to regulate substandard lots. These provisions apply to uses
and structures which deviate from the regulations of this
title. (Ord. 189 § 3 (8113 -0), 1994)
1752.020 Nonconforming structures.
Where structures have been rendered nonconforming
due only to revisions in development standards dealing
with lot coverage, lot area per structure, height or setbacks,
and the use therein is permittedar conditionally permitted
in the zone, such structures are not required to be terminated
under this chapter and may be continued and expanded
or extended on the same lot provided that the structural
or other alterations for the expansion or extension of the
structure are either required by law, or are in conformance
with the regulations in effect for the zone in which such
structures are located.
A. Nor>confarming Facilities for Nonmotorized Wheeled
Conveyances. Notwithstanding any other provision of this
chapter, any facility or structure for nonmotorized wheeled
conveyances that has been rendered nonconforming by
the enactment of Section 17.28.240 and the subsections
thereof shall, on or before September 1. 1989, either be
17.52.010
brought into conformance or be removed. (Ord. 189 § 3
(8113 -1), 1994)
1752.030 Continuation of existing
nonconforming mobilehomes.
A. The use of a nonconforming mobilehome as a
residence under a continuation permit in lieu of any and
all other residences permitted or conditionally permitted
for any purpose may continue to be used as a residence
by a new owner if a director of community development
conditional use permit is obtained and the following
conditions are met:
1. The mobilehome is in compliance with Section
17.28.020(C)(3) and the parking requirements of Section
17.32.010; and
2. The mobilehome was being used legally as a resi-
dence on the subject site on or before July 24, 1978, and
the mobilehome has been so used and has remained continu-
ously in place since the actual commencement of such use.
B. Mobilehomes used as residences under a director
of community development conditional use permit between
July 24, 1978 and July 2, 1981, may continue to be used
as such if no other residence was located on the subject
site at any time between July 24, 1978 and the time of
issuance of the director of community development condi-
tional use permit, provided that either (1) a modification
to renew the director of community development conditional
use permit is obtained; or (2) the status of the mobilehome
as a single- family dwelling meets the provisions of Section
17.28.020(C)(3) and parking requirements of Section
17.32.010. (Ord. 189 § 3 (8113 -2), 1994)
1752.040 Nonconforming uses due only to
changes in parking requirements.
Where uses have been rendered nonconforming due only
to revisions in parking requirements, such uses may be
continued, expanded or be terminated as follows:
A. Expansion and Conformance. Expansion of the
particular use shall be permitted if the current parking
requirements for the use can be met, and the addition or
enlargements otherwise conform to the regulations in effect
for the zone in which it is located.
1. Exception. A single - family dwelling may be expand-
ed when the proposed expansion does not meet current
parking requirements, if all of the following conditions
exist:
a. The dwelling has at least one (1) covered parking
space;
b. The existing lot configuration does not allow for
a second covered space, or does not allow for access to
a second covered space;
385 (Momput 11.95)
CC ATTACHMENT 1
C".01�
17.52.040
c. The driveway provides a minimum of twenty (20)
feet from the property line to the existing covered space,
which can be utilized as a parking space;
d. The proposed addition otherwise conforms to the
provisions of this title.
B. Changes of Use. Changes of use to a similar use,
with the same or less parking requirements and type of
permit allowed in the same zone, shall be allowed provided
that current requirements for parking can be met. Where
parking cannot meet the current requirement for the new
use, the required permit under this title must be obtained.
In such cases, the parking requirements shall be determined
to the satisfaction of the planning division and be specified
by the permit. The parking specified under the permit shall
not be considered conforming.
C. Discontinuance and Change of Use Status. The
discontinuance for a period of one hundred eighty (180)
or more days of a nonconforming use, or a change of non-
conforming use to a conforming use, constitutes aban-
donment and termination of the nonconforming status of
the use. (Ord. 189 § 3 (8113 -3), 1994)
1752.050 The keeping of animals.
Nonconformides due to the keeping of animals as a use,
number of animals, type of animals, minimum lot area
required for animals, or other standards for the keeping
of animals as an accessory use to dwellings, shall be
brought into conformance not later than three (3) years
after the same becomes nonconforming, unless a continu-
ance is granted in accordance with Section 17.52.060(8X5).
(Ord. 189 § 3 (81134), 1994)
1752.060 Other nonconforming uses (no
longer permitted).
All nonconforming uses which are no longer permitted
in the zone in which they are located shall be regulated
according to the following provisions:
A. Uses Not Involving Permanent Structures. The
nonconforming use of land where no permanent structure
is involved shall be terminated not later than three (3) years
after such use becomes nonconforming.
B. Uses Within Structures Subject to Amortization.
All nonconforming commercial or industrial ruses in residen-
tial (R), open space or agricultural zones, within conforming
or nonconforming structures, shall be amortized from the
effective date of this title or a later amendment which
renders the use nonconforming, based on the square footage
of the structure at the time the use is rendered nonconform-
ing, as follows: Ten (10) years for one thousand (1,000)
square feet. plus 1.25 years for each additional one hundred
(100) square feet over one thousand (1,000) square feet;
maximum sixty (60) years. At the end of the amortization
(Mootpak 11 -95)
386
period, the use shalt be brought into conformance with
this title or terminated, unless a continuance is obtained
pursuant to Section 17.52.060(BX5).
1. Expansion and Change of Use Prohibited. Noncon-
forming uses under the above paragraph shall not be
changed to another use or be expanded or extended in any
way on the same or any adjoining land nor into any other
portion of a structure or lot during the amortization period,
except that structural alterations may be made therein as
required by law. Furthermore, such nonconforming uses
shall not be expanded or extended beyond the scope of
specific conditions to a continuance of nonconformity
granted pursuant to Section 1752.060(BX5), and subsequent
to the period of amortization.
2. Discontinuance or Change of Use Status. The discon-
tinuance for a period of one hundred eighty (180) or more
days of a nonconforming use or a change of nonconforming
use to a conforming use constitutes abandonment and
termination of the nonconforming status of the use.
3. Notice of Amortization. The director of community
development shall give notice by certified mail of the date
upon which an amortization period will end to each owner
of record whose property, or use of property, is not in
conformance with the regulations of this title, in those
instances where the director of community development
has knowledge of such nonconformity. Such notice shall
be sent in a timely manner. If the amortization period ends
before or less than six (6) months after such knowledge
of the nonconformity, notice shall be given that the amorti-
zation period in each instance shall be not less than six
(6) months from the date the notice is sent. The notice
shall set forth all pertinent provisions of this chapter,
including the declared purposes thereof. Failure to send
notice by mail to any such owner where the address of
such owner is not a matter of public record shall not
invalidate any proceedings under this chapter.
4. Notice of Termination and Order to Comply. Notice
of termination of a nonconforming use and order to comply
shall be served by the director of community development
at the end of the amortization period upon the owner of
record whose property contains such nonconforming use.
In time instances where the director of community develop-
ment is unable with reasonable effort to serve such notice
to the property owner, such notice and order shall be served
within thirty (30) days of the end of the amortization period
by delivering same to an occupant of the structure contain-
ing the nonconforming use.
5. Request for a Continuance of Nonconformities
Beyond Period of Amortization A request for a continuance
of nonconformities beyond the period of amortization may
be granted as follows:
a. Grounds for Continuance. A nonconforming
use or structure may be maintained for a reasonable time
beyond its period of amortization as specified in this chapter
if the director of community development makes the follow-
ing determinations:
i. Special Circumstances. That special circumstances
apply to any such use or structure which do not apply
generally to others affected hereby; and
ii. Compatibility with Public Welfare. That such a
continuance for a prescribed period of additional time is
in the public interest and will be reasonably compatible
with and not detrimental to the use of adjacent properties.
b. Application Process for Continuance. Any application
for a continuance of a nonconforming use or structure must
be filed with the planning division no later than thirty (30)
days following the service of a notice of termination and
order to comply, or within thirty (30) days following the
continued termination date. An application for a continuance
may be filed by the owner of the property, a person with
a power of attorney from the owner of the property, or
a lessee, if the terms of the lease permit the existing use.
Fees shall be required in accordance with Section
17.44.040I.
c. Determination by Director of Community Develop-
ment. Upon filing of a complete application, the director
of community development shall investigate the matter,
give proper notice. hold an administrative hearing and make
a decision thereon based on the criteria set out in this
section and supported by written findings of fact within
seventy-five (75) days from the date the application is filed,
or within such extended period of time as may be mutually
agreed upon by the applicant and the director of community
development. The director of community development may
impose such conditions, including time limitations, as he
or she deems necessary for the compatibility of such
nonconformity with adjacent properties.
d. Appeals shall be filed in accordance with Section
17.44.090A.
C. Uses Not Amortized. Upon the effective date of
the ordinance codified in this title or a later amendment
thereto, any nonconforming use within a structure not
otherwise identified in subsection B of this section, such
as schools, boardinghouses, residential uses in commercial
and industrial zones. uses in excess of the number permitted
per lot. commercial uses in commercial zones, and industrial
uses in industrial zones may continue, provided that:
1. Expansion. No additions or enlargements shall be
made to such nonconforming use or the structure in which
it is located, except for alterations which may be required
by law, expansions within the existing structure if no
structural alterations are made, or additions to existing
principal dwellings and churches in residential zones, which
17.52.060
otherwise conform to the specific development standards
of the zone in which the use is located. In the case of
principal dwellings in excess of the number permitted per
IM only one (1) such dwelling may be expanded. The
height and setback standards of the R -1 zone shall apply
to a nonconforming residential use in a commercial or
industrial zone.
2. Change of Use. The nonconforming use may be
changed to a use that is similar with approval of a city
council approved conditional permit pursuant to the require-
ments of Chapter 17.44 (Entitlements— Process and Proce-
dures), provided the changed use is considered to have
no greater impact than the previously existing use, is similar
to the nonconforming use and is not considered as an
expansion of the existing use. Conditions may be imposed,
including, but not limited to time limitations, as deemed
necessary for the compatibility of such nonconforming use
with adjacent properties.
3. Discontinuance and Change of Use Status. The
discontinuance for a period of one hundred eighty (180)
or more days of the nonconforming use, or a change of
the nonconforming use to a conforming use, a dissimilar
use or a conditionally permitted use, constitutes abandon-
ment and termination of the nonconforming status of the
use. (Ord. 225 § 3. 1997; Ord. 189 § 3 (8113 -5), 1994)
1752.065 Garage conversions.—
Grandfathered.
Garages, which were converted, without a permit, to
a use other than a garage use prior to the city's incorpora-
tion, shall be considered to be legally conforming uses if
the property owner is able to meet the following provisions:
A. The property owner shall prove to the satisfaction
of the director of community development that the conver-
sion was done prior to city incorporation (July 1, 1983).
B. The property owner shall apply for and obtain an
administrative permit and building permit for the purpose
of assuring that the conversion meets all applicable building
codes. The administrative permit and building permit shall
be obtained within four weeks of notification from the city
of the property owner's compliance with subsection A of
this section. The director of community development may
extend the time period to obtain a building permit upon
the determination that a circumstance justifying the need
for said extension exists. (Ord. 208 § 3 (part), 1995)
1752.070 Destruction.
The following provisions shall regulate the destruction
of structures in the given situations:
A. Uses Not Amortized. The following provisions shall
apply to nonamortized, nonconforming structures and
387 (Moorpark 9 -97)
17.52.070
structures containing nonconforming uses not subject to
amortization:
1. Whenever any such structure is voluntarily removed,
damaged or destroyed to the extent of fifty percent (50 %)
or less of its floor or roof area which existed before destruc-
tion, or is involuntarily damaged or destroyed in whole
or in part, the structure may be restored to its original state
existing before such removal, damage or destruction. The
occupancy or use of the structure or part thereof which
existed at the time of the damage or destruction may be
continued if the restoration is started within a period of
twelve (12) months after the occurrence of the damage
or destruction and is diligently pursued to completion.
2. Whenever any such structure is voluntarily removed,
damaged or destroyed to the extent of more than fifty
percent (50%) of its floor or roof area which existed before
destruction, no structural alterations, repairs or reconstruc-
tion shall be made unless every portion of such structure
and the use are made to conform to the regulations of the
zone classification in which they are located.
B. Uses Amortized. The following provisions shall
apply to amortized nonconforming structures and structures
containing nonconforming uses subject to amortization:
1. Whenever any such structure is voluntarily or in-
voluntarily removed, damaged or destroyed to the extent
of fifty percent (50%) or less of its floor or roof area before
destruction, the structure may be restored to its original
state existing before such removal, damage or destruction.
The occupancy or use of the structure or part thereof which
existed at the time of the partial destruction may be contin-
ued if the restoration is started within a period of twelve
(12) months after the occurrence of the partial destruction
and is diligently pursued to completion.
2. Whenever any such structure is voluntarily or
involuntarily removed, damaged or destroyed to the extent
of more than fifty percent (50%) of its floor or roof area
before such removal, damage or destruction, no structural
alterations, repairs or reconstruction shall be made unless
every portion of such structure and the use are made to
conform to the regulations of the zone classification in
which they are located. (Ord. 189 § 3 (8113 -6), 1994)
1752.080 Additional use.
While a nonconforming use of any kind except the
keeping of animals exists on any lot, no additional principal
or accessory use is permitted even if such additional use
would be a conforming use. (Ord. 189 § 3 (8113- 7),1994)
17.52.090 Use of nonconforming lots.
The use of land as permitted for the zone or subzone
in which it is located shall be permitted on a lot of less
area than that required by the regulations of such zone or
(Moorpark 9 -97)
388
subzone if and only if the lot is a legal lot. (Ord. 189 §
3 (8113 -8), 1994)
1752.100 Involuntary nonconformance.
Notwithstanding any other provision of this title, no
lot shall be considered nonconforming within the purview
of this chapter if such lot is rendered nonconforming as
a result of a conveyance of any interest in said lot to a
public entity through eminent domain proceedings, under
threat of eminent domain proceedings or to meet a require-
ment of any public entity having jurisdiction. (Ord. 189
§ 3 (8113 -9), 1994)
1752.110 Effect of change of zoning
regulations.
A. On Authorized Uses Under Discretionary Permits.
Any construction, expansion or alteration of a use of land
or structures and any required zoning clearance therefor,
which are authorized by a discretionary entitlement approved
on or before the effective date of an ordinance amendment,
may be completed as authorized in the entitlement and
in accordance with Section 17.44.0606.
B. On Uses Requiring a Ministerial Decision. All uses
involving construction, expansion or alteration of a use
of land or structures which requires a ministerial decision
only, shall be required to comply with the new regulations
on the effective date of the ordinance amendment. If the
required zoning clearance has been issued and the change
of regulation is such that the zoning clearance no longer
conforms to the provisions of this tide, a new zoning
clearance which conforms to the newly adopted regulations
must be obtained before a building permit or other necessary
entitlement is issued by any agency.
C. Where the Only Change is in the Type of Permit
Required. Whenever adoption of this title or an amendment
thereto results only in a requirement for a different permit
for the same existing use, the property being used shall
be governed by the following provisions:
1. If the use affected is existing lawfully as a permitted
use of any kind, the existing use is deemed to be conform-
ing without any further action. Any modifications or expan-
sions of the use, change of use, or additional use shall
conform to this title, including requirements for type of
permit. Internal remodeling or minor architectural changes
or embellishments involving no change in basic architectural
style shall not result in a requirement for a new permit.
2. If the use affected is under a permit that specifies
an expiration date or clause and the new regulation requires
a different permit, the use may continue until the specified
point of expiration, at which time the permit expires and
the use shall terminate, unless the applicant has applied
for the required permit or renewal under this title. (Ord.
189 13 (8113 -10). 1994)
388 -1
1752.110
(Mowprk 9 -9n