HomeMy WebLinkAboutAGENDA REPORT 1988 0504 CC REG ITEM 08GJOHN PATRICK LANE
Mayor
ELOISE BROWN
Mayor Pro Tern
JOHN GALLOWAY
Councilmember
CUNT HARPER, Ph.D.
Council member
MOORPARK
STEVEN KUENY
City Manager
CHERYLJ. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Comrnun:ty Development
BERNARDOM. PEREZ
Councilmember
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
MAUREEN W. WALL
City Clerk
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
The Honorable City Council
Patrick J. Richards, Di rector-of Community
April 21, 1988 (CC meeting of 5/4/88)
NONCONFORMING USES
Background
THOMAS P. GENOVESE
City Treasurer
Deveiop,nen~tL
Over the past year the department of Community Development has
become aware of several properties where nonconforming uses are
either existing or were proposed to be established. In a majority
of cases, uses (mainly commercial) have established in zones where
such activity is not allowed under the City's zoning code. An
example is the operation of a commercial office from what was
originally a residential dwelling unit in an R zone, or the
operation of a commercial service use within the C-1 retail
commercial zone.
The issue of nonconforming uses is not restricted to the
residential or commercial zones but can occ11r within the industrial
districts.
Discussion
Nonconforming uses are generally very difficult issues for any city
to contend with. However, long term they will have an effect
towards undermining the purpose and intent of the City's General
Plan and Zoning Ordinance. Because of this staff is suggesting
that first the City identify all illegal commercial industrial and
residential nonconforming uses and begin to place the business
owners and property owners on notice that they are in violation of
the City zoning code.
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799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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Staff is not suggesting that the City abate any use at this time,
rather we are suggesting the City give notice of intent only. In
giving the notice the City can accomplish two tasks. First, to
reduce any potential liability associated with an illegal
nonconforming use. Second, it will afford the City an opportunity
to move quickly should there be a desire to eliminate such a use or
activity.
Recommendation
1. Direct staff to begin the task of identifying illegal
nonconforming uses throughout the City.
2. To return to the City Council with a confidential report
identifying such uses and a draft notice of intent prior to
contacting any business use or property owner.
Attachment: Article 42 of the Moorpark Municipal Code
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LD/USES/CHRONI
MOORPARK, CALIFORNIA
City Council Meeting
of ,-y-l/-198Z,_
A~TION: UjJP441-'lfd
Klt&mrnat44dalZ&i /
By)JJu,Ja,M
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ARI'ICT.E 42
NQ'iCIJ..'llFOIMING BUILDINGS .~'\JD ~';ffi-iFOR..'illG CScS
Sec. 8162-0 -.ilPPLICl'i.TICN -Tne provisions of t.lus Article shall apply and
goi.em all nona::infonning uses of land, building and structures arising out
of the application of this Oiapter.
Sec. 8162-1 -Nonconforming Use -Land
Sec. 8162-1.1 -Termination of Use -'Ihe nonconfo:rming use of land ~,all
be terminated not later t.~an three (3) vea..--s arr.er such use recorres
nonc:nfonning. As used in this section: the te..-rm "use of land" :includes
t.1ie use of land only and the use of ac::::essory buildings or stnictures
in conjunction with the use of land when the aggregate assessed value
of such buildings or structures for tax pur;:oses is not r.ore. than
se\.'en hundred and b.fty cioiid.l...S (:;7::.i .-
Sec. 8162-1.2 -£x?ansion P:rohibit-o.d -Tr..e nonu . .ufor:m:ing use of land
shall not i::e expanded or extenred m any way ei t.1ier on the sane or
any adjoining land.
Sec. 8162-1.3 -Discnntinuance or C'lange -'Ibe disront:inuance 0£ a
nana:nfouni.ng use of land or a c:ha."'lge of ncnronforrning use of land to
sone other kind of nonconfonni..."lg use cnnstibltes al:andonrrent and
tennination of the nonc::mfonning i;se, and t..½ereafter t.½e use of land
rrust cnnform to the regulaticns of t..~ applicable zo.--ie classification . . .
Sec. 8162-2 -Nonc:,nforntina Use -Confol:rning BuildL .. cr or Structure
Sec. 8162-2.1 -~e.....-.nination of Use~ 'Jlle nonconforming use of a
confozr.ri.ng building or structw:e shall 1::e disrontinued not later than
fi \e (5) years after sudl use l::ecorres nonconforming.· 1'.s used in this
Article, ti::e tx::n::m "oonfonning bu:ildi.-ig or stru:::ture" neans a building
or S'"...i:ucture all or substantially all of which is designed or intended
for a puri;X)Se or use fermitted. i.i1 the zone in which it is located.
Sec. 8162-2.2 -Expansion Prohil:>ited -'llie nanconfo~g use of a
c:onfonning building or structure shall not ce e.."9anced or e..rw=.J."1G.eC
into any other portion of such c:miorming :)uilding or structuref.
Sec. 8162-2 .3 -Discnntinuance -'Ihe disccntinuance of a nonronforrr.ing
use of a conforming i.::ui.lding or structure for a :p:riod of one hundred
t.-.enty (120) days oonstitutes abc:ndcnrrent and terrn:inat:icn of the
r.onconfonning use, and thereafter t.~ use of t11e a:JI1fonning bcildi.--ig or
structure shall conform to the regulaticns of t.11e applicable zor..e
classification.
Sec. 8162-3 -N:>nconfozming Buildings or Structures/ .
Sec. 8162-3 .l -: Ccntinuatioo of tise -~e use~ nonc:onfo:cning build-:-
ings or structures may l:e conti."lU?cilsubject to tr.e followi."'lg conditions:
no ad:il.t.ions or enlargerents shall ""'fe made to such buildings or . /'1
S'"..ruct:ures, except additions or anlargerrents required by law; _or ac.ci.1/
ti.ans or enlargerrents if such caiitions or e.'1.largerre_"'lts oth~
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ccnfonn to the regulations in effect for tre zone in which such
buildings or structures are located.
Sec. 8162-3.2 -~ion Within Structure -'llle nonmn£ormi.ng
use of a nmconfornu.ng building· or structure may be expanded or
exi:.enCl:!d througixmt soch building or structure, provided that no
structural alterations shall be rraoo therein except as required
by law.
Sec. 8162-3.3 -Nonconfonni.ng Use 01anp -'ll1e <.._nona:info~g)lse of a
nonconforming building or structure may be dlanged to another use
permitted in the sarre zone or a nore restrictive use, provided that
no structural alteratims are made thereto.
Rl '17-1. 3. J -SeatEn~ of Use I€striction -If tr'€ nonconform-
ing use of a nonam.tonru.ng .6uii.aing i::; u1cu1SJcd tc .::. ;;.::;c ~-.hlci1 is
a 'n=ore restrictive u....c.e, the sequmre of said uses, the first l::eing
the nost ~Ctive and the last Eeing the least restric-....ive is
as folla,.,s: cne Family Iesidential Use 'Tuo Famil Ies. • se,
ti le anu. Ies1. t.l.al Use, Comercial Office Use, Neighlx:>:rhood
Connercial ~, Gern:!ral Ccmrer--i.al Use 1 ustri P ·se ,
Limited Industrial Parle use and General Irrlustrial Parle Use. hren
the use of a nona:mfonning building is changed to a use whicn is
penni. tted in a nore :restrictive zone, such a nonconforr.d.ng building
shall rot thereafter be used for a use which is penn:i.tted 01ly in
a less restrictive zone.
Sec. 8162-3.4 -Inmluntary Partial r:::estruction -vfilenever in any zone
a nonconfonning bni 1dir1g or st....""Ucture is involuntarily darraged or
destroyed to the extent of fifty percent (50%) or less of its reason-
able value, it rray be restored and the occupancy or use of such building
or structure or part thereof which existed at the tirre of such partial
destruction I!EY be o::mti.nued, if s,.r.::h restoration is started within a
period of O\elve (12) nonths of such damage or destruction and is
diligently prosecuted to o:mpletion.
Sec. 8162-3.5 -Voluntary Partial r:estruction -Whenever in any zone
a nonconfonni.ng bUJ.ldi.ng or structure is voluntarily rerroved, dalraged
or destroyed to the extent of fifty percent (50%) or less of its
reascnable value, no repairs or :reconstruction shall l::e rre.c.e unless
such p::>rtion of such building or structure is mace to oonform to Llx!
regulations of the new zone classification in which it is locateC::..
Sec. 8162-3.6 -Substantial Destruction or IGroval -Whenever i.., ,my
zcne a noncx:nfornung building or structure is rer.oved or is voluntarily
or involuntarily damaged or destroyed to the extent of ITOre t..1,a...-1 fifty
pP .... ()?Ilt (50%) of its reasonable value, no repairs or reconstruction
s.'1all l::e craoo unless every p::>rticn of such building or structure is r.,ade
to confonn to tlE regulations of the new zone classificaticn in \-:ii.id:.
it is located.
c. • 8162-4, 0162-5 & 8162-<i l:ll'EZ\LED BY oro. 2351 -5/5/7'J
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Sec. 8162-7 -Use of Nonconforming Lots -The use of land as permitted for the
zone or sub-zone in which it is located shall be permitted orr a lot of less
area than that required by the regulations of such zone or subzone, or of less
area than that required to meet t.he minimum area requirements necessary to
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permit use or development of such lot as a discrete unit under the applicable
prov~sions of the Open Space Element of the General Plan, only if the owner
or, if there be more than one, any one of the owners of such nonconforming lot
does not own, in whole or in part, any contiguous lot; provided, however_, that
such use shall be permitted on such nonconforming lot if 1) both the
nonconforming lot and the contiguous lot are developed with main buildings, as
opposed to accessory buildings, for which a permit. has been issued by the
County or which were built prior to the time that permits were required
therefcr by the Connty or 2) the nonconforming lot and contiguous lot each
have an area of at least 10 acres. (AM. ORD. 3650-5/17/83)
Sec. 8162-8 -Nonconforming Uses of Land or Buildings -A variance or
permit is granted automatically hereby, so as to permit the continuation of
the particular existing uses of any building, structure, .improvement or
premises existing in the respectfve zones immediately prio-r to the time
this ord{nance or any amendment thereof becomes effective if such existing
use was not in violation of this or any other ordinance or law. Whenever
the zone classification of any property is changed any property being used
pil:i:-o ..... r..::. __ "°:;:;:-i::mce or permit may be used thereafter in the manner
authorized by said variance or permit. as a nonconfor.lling use fo,,. the
duration of said variance or permit ..
Sec. 8162-9 -NONCOMFORMING LOTS RESULTING FROM LOT SPLITS -No
building permit shall be issued for any lot which results from the
ale of part of a lot or any other type of division of land if such
resulting lot did not meet the zoning r~qui=e~ents which applied to
the land at the time of said division and does not meet with the
zoning requirements which apply to the land at the time of applica-
tion for the permit unless a variance is obtained_ from the Planning
Commission. This section is inapplicable to lots resulting from a
lawful lot line adjustment.(AM.ORD.2845-5/l4/74;AM.ORD.3483-3/4/80;
AM.ORD.3647-4/26/83)
Sec. 8162-10 Nonconforming Use Violation and Penalties.
Sec. 8162-10.l. -Prohibition -Record Owner.
Sec. 8162-10.1.1 -It is unlawful for any record owner of land to
use or permit t.o be used the land or any building c:::: structure
thereon for any nonconforming use which is in violation of this
Article. Any record owner of land who violates any provision of
this Article is guilty of a misdemeanor/infraction, as specified
in. Section 13-1 of the Ventura County Ordinance Code and, upon
conviction thereof, sh.all be punishable in accordance with
Section 13-2 of said Code. Any record owner of land ~ho violates
any provision of this Article shall be. guilty of a separate
offense for each and every day during any portion of which such
violation is committed, continued, or permitted and shall be
punishable therefor as provided in Section 13-2. (Af1. ORD.
3597-5/18/82)
Sec. 8162-10.1.2 -Any record owner o"WD.ing real property which
has been in violation of any provision of this Article for a
period of one (1) year, wb.o bas been personally served b_y the
County with a notice of nonconforming use violation and of the
provision of this Section and Section 13 of the Ventura County
Ordinance Code and who continues to violate any provision of this
Article after thirty (30) days after having been personally
served by the County with such a notice of nonconforming use
violation is guilty of a misdemeanor/infraction, and shall be
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guilty of a separate offense for each and every
day during any portion of which such violation is committed,
continued, or permitted by such person. Upon conviction thereof,
such person shall be punishable in accordance with Section 13-2.
AM. ORD. 3597-5/18/82)
Sec. 81.62-10.1.3 -"Record Owner" as used in this section means
any person, corporation, partnership, or other entity who is
shown as titleholder on the official records in the Ventura
County Recorder 1 s Office.
Sec. 8162-10.2 -Prohibition -Lessee or Sublessee.
Sec. 8162-10.2.1 -It is unlawful for any lessee or sublessee of
real property to use or permit to be used the leased premises or
any building or structure thereon for any nonconforming use which
is in violation of this Article. Any lessee or sublessee of such
real property who violates any provision of this Article is
guilty of a misdemeanor/infraction as specified in Section 13-1
of the Ventura County Ordinance \.uuc uu~, -r _ _ · .-• -.~ '. • ·,
thereof, shall be punishable in accordance with Section 13-2 of
said Code. Any lessee or subiessee of such real property who
violates any provision of this Article shall be guilty of a
separate offense for each and every day during any portion of
whic.:.h such viclation is committed, continued, 0r permitted and
shall be punishable therefor as provided in Section 13-2. (Ali.
ORD. 3597-5/18/82)
Sec. 8162-10.2.2 -Any lessee or sublessee of such real property
who violates any provision of this Article for a period of one
1) year, who has been personally served by the County with a
notice of nonconforming use violation and of the provisions of
this Section and Section 13 of the Ventura County Ordinance Cede
and who continues to violate any provision of this Article after
thirty (30) days after having been personally served by the
County with such a notice of nonconforming use violation is
guilty of a misdemeanor/infraction and shall be guilty of a
separate offense for each and every day during any portion oi
which such violation is committed, continued, or permitted by
such person. Upon conviction thereof, such person shall be
punishable in accordance with Section 13-2. (AM. ORD.
3597-5/18/82)
Sec. 8162-10.3 -Prohibition -Advertiser.
Sec. 8162-10.3.1 -It is unlawful for any advertiser to contract
for space, to pay for space, or to advertise on any building,
billboard, or other structure which is a nonconforming use in
violation of this Article. Any advertiser who violates any
provision of this section is guilty of a misdemeanor/infraction
as specified in Section 13~1 of the Ventura County Ordinance Code
and, upon conviction thereof, shall be punishable in accordance
with Section 13-2 of said Code. Any advertiser who violates any
provision of this Article shall be guilty of a separate offense
for each and every day during any portion of which such violation
is committed, continued, or permitted and shall be punishable
therefor as provided in Section 13-2. (AM. ORD. 3597-5/18/82)
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Sec. 8162-10.3.2 -Any advertiser who contracts for space, pays 7
for space, or advertises on any building, billboard, or other
structure which has been a nonconforming use violation for a
period of one (1) year, and who has been per~onally served by the
County with a notice of such nonconforming use violation and of
the provisions of this Section and Section• 13 of the Ventura
County Ordinance Code and who continues to violate any provision
of this Article after thirty (30) days after having been
personally served by the County with such a notice of
nonconfo111:ing use violation is guilty of a misdemeanor/infraction
and sh~ll be guilty of a separate offense for each and every day
during any portion of which such violation is committed,
continued, or permitted by such person. Upon conviction thereof,
such person shall be punishable in accordance with Section 13-2.
AM. ORD. 3597-5/18/82)
Sec. 8162-10.3.3 -The continued existence of an
advertisement on a building, billboard or other
violation of this section after the thirty (30)
advertiser's
structure in
days notice
perioa provicieci i.u .:ie..:. 0162.<C.3.2. ~b..s.ll -:z2<e:-:c :. F::;::;:;:.=~~~;;:::...
that the advertiser is contracting for space, paying for space or
is advertising in violation of this section;
Sec. 8162-10.3.4 -"Advertiser" as used in this section means any
pet'son: corporation, partnership or other entity who causes or
permits • to be posted printed announcements of their goods o.:
services on buildings, billboards or other structures~
Sec. 8162-10.4 -Non~onforming Use a Public Nuisance~ In addition to
the penalties hereinabove provided, any nonconforming use caused or
permitted to exist in violation of any provision of this Article is
hereby declare_d to be a public nuisance and is subject to summary
abatement by the County, in which case the County may recover from the
owner of the land or the owner of such public nuisance, in an action
brought in the name of the County for that purpose, the County's
expense of removal of such public nuisance including court costs and
reasonable attorney's fees to be fixed by the court.
Sec. 8162-30 -Involuntary Nonconformance -Notwithstanding any other
provision of this Division, no parcel of land shall be considered
nonconforming within the purview of this Article if such parcel were
rendered nonconforming as a result of a conveyance of any interest in said
parcel to a public entity through emi~ect domail:l proceedings, under threat
of eminent domain proceedings or to meet a requirement of any public entity
having jurisdiction.
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