HomeMy WebLinkAboutAGENDA REPORT 1990 0404 CC REG ITEM 09CPAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councllman+ar
CLINT 14ARPFR, Ph.D-
Councilmember
BERNARDO M. PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
TO:
FROM:
DATE:
Subject:
MOORPAR
°�_ PA
MEMORANDUM
The Honorable City Council
Patrick J. Richards, Director of
March 28, 1990
q•C•
ST VEN KUENY
Ity Manager
C RYLJ.KANE
City Attorney
I K RICHARDS, AJ,C.P.
uirector or
3ommunity Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
Community Development
ABA'T'EMENT OF HAZARDOUS UNREINFORCED MASONRY BUILDINGS
On March 21, 1990 Council considered an ordinance requiring
structural upgrade of unreinforced masonry buildings. One of the
affected building owners expressed concern that compliance with
the proposed ordinance would necessitate entering the entire
planned development process. In response to this concern staff
has added the fc--illowing language to the ordinance in the indi-
cated sections:
SEC. 8.08.100 PURPOSE
The provisions of this Chapter are not intended to cause com-
anra with the requirements for tho Planned Develo meat Permit
as specified b Division 8 Cha ter 1: Zoning so long as the
Prov s ons of Article 42, Non -Con ormi g_Buildings and Non-
Conforming Uses are adhered to.
SEC. 8.08.110 SCOPE
The reautrement for a Plannpd Development Permit as specifiod b
Division 8, Chapter 1: Zoning shall not be imposed upon any
property which adheres to this chapter so long as the provisions
of Article 42, Non—Conforming_ Buildir gs and Non- Conforming Uses
are adhered to
Staff Recommended Action
Introduce the ordinance as amended for first reading.
Attachments:
Article 42 Non-Conforming Builda rigs and Non - Conforming Uses
799 Moorpark Avenue Moorpark., California 93021 (805) 529 -6864
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Sec. 8162 -0 - PPPLICATICN - The prow .s Lons of this Article shall apply and
govern all nonaon orung uses of land,, building and structures arising out
of the application of this Chapter
Sec. 8162 -1 - Nonconforming Use
Sec. 8162 -1.1 - Termination of Use The nonomfonriing use of land snail
be terminated not later than time-e. ( 3) years after such use bec=es
noncmforming. As used in this section, the term "use of land" includes
tae use of land only and the use of acce ssory buildings or structures
in conjunction with the use of land win the aggregate assessed value
of such buildings or structures for tax purposes is not rare than
seven hundred and fifty dolL=s '$750.) .
Sec. 8162 -1.2 - Expansion Prohibited - The noncmfonning use of land
shall not be expanded or ext ncied in any way either on the sane or
any adjoining land.
Sec. 8162 -1.3 - Discontinuance or Ci nge - Lhe discontinuance of a
nonconforming use of land or a ( lance or nonconforming use of land to
some other kind of nonconforru nq use constitutes abandorment and
termination of the - =confb=dnc use, and thereafter tie use of land
( rust conform to the regulations ,:)f she applicable zone classification.
Sec. 3162 -2 - Nonecnfon dng Use_`- bnfo=ni.na Buildina or Structure
Sec. 8162 -2.1 - Termd n tion of !use The nonconforming use of a
cnnfo=mng building or structure shall be discontI ued not later than
five (3) years after such use becprrs nonconfondng. As used in this
Article, tie tnsin "conforming b,,.IIlding or structure" reans a building
or structure all or substantially aL of which is designed or intenders
for a purpose or use permitted h the zone in which it is located.
Sec. 8162 -2.2 - Zxoarsion P=ohijit-d - '2-�e nonconforming use of a
confonTi ng building or struc-tare shall not bE e paned or
into any other portion of suc: =zormi -ig building or sue.
Sec. 3162 -2.3 - Discontinuance nee disecntinuance of a nonconforming
use of a conforming uuilding or structure for a period of one hundred
t~enty (120) days constitutes a_)ahc.ommnt and ten ination of the
nonconforming use, and tinreafter the use of the c onforrdng building or
structure shhall conform to t-�,e �— :.la. t ms o° t7e applicable zone
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classification. {
Sec. 8162 -3 - Nonccnfo==, a 3ur13i .zc.-s or Struc`ures/ � v
Sec. 8162 -3.1 - Ccntinuaticn o= Use - Le— use ofof nonconforming build-
ings or structures may ce =nti 7ued object to the following conditions:
no additions or enl nts sY,,_ 1 race to such buildings or
structures , except acditions or zn :.arigr -amnts required by law; or adci -Z
ti.cns or eniargenents if suc~^ or enlarca-ezts otherwise
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ernform to the regulations in of f -ct for the zone in which such
( buildings or structures are located.
'Sec. 8162 -3.2 - Expansion Within Structure •- The nonconforming
use of a nonconforming building or structure may be expanded or
extended throughout such building or structure, provided that no
structural alterations shall he rade- therein except as required
by 1 aw. .
Sec. 8162 -3.3 - Nonconforming Use Change U e �rronconfonninq,se of a \4
nonconforming building or structure may be changed to another use
permitted in the same zone or a pore restrictive use, provided that
no structural alterations an-! ni le thereto.
Sec. 8162 -3.3.1 - Sequence of Use i�estriction - If the nonconforrTr-
ing use of a noneonfonnuzg building is changed to a use which is
a mare res i ve use, sequence o sal uses, the first being
the most restrictive and the last being east restrictive is
as lbws : One Family Flesi.dent.ial Use TV;o Faird-ly ResicipnH PI I se
Ailtipie amt y i tial Use, Cmuercial Office Use, Neighborhood
ConTrercial Use, General C mnercial Use, Industrial Park Use,
Lind ted Industrial Park Use and General Industrial Park Use. ;When
the use of a nonconforming building is changed to a use which is
permitted in a more restricts% -, zone, such, a nonconforming building
shall not. thereafter be ust-d ,r a use %,ldch is permitted cnly in
a less restrictive zone.
Sec. 8162 -3.4 - Involuntary Partial Lestruction - Whenever in any zone
\ a nonconforming building or structure is involuntarily damaged or
destroyed to the extent of fifty percent (50 %) or less of its reason-
able value, it may be restored ar.(% the occupancy or use of such building
or structure or part thereof wlhic: existed at the tire of such partial
destruction may Yyc- cont-nued, if *restoration is started within a
period of tmalve (12) months of _:udi damage or destruction and is
diligently prosecuted to complet.. n
Sec. 8162 -3.5 - Voltntary Partial Destruction - Whenever in any zone
a nonconforming building or structurn. is.voluntarily reroved, damaged
or destroyed to the extent of f_i y rexce It (50 %) or less of its
reasonable value, no repairs ar . ��cr struction shall be Trade unless
such portion of such building or structure is made to conform to t�
regulations of the new zone c._las ..f_icatici. in which it is located.
Sec. 8162 -3.6 - Substantial Destraction or Tbroval - Whenever in any
zone a nonconforming bus ding or �;tructurc-, .is rnrnved or is voluntarily
or involuntarily damaged or cl?st )yed. try °he e.-,-tent of mre t`-on fifty
pPrrnnt (50 %) of its r-easonable Clue nc repairs or reconstruction
s` -.all be made unless every port.i rT ,)f suc. buildinq or structure is made
to conform to thc� regulation; ._ f rl(?'r 'one classiflcatim- L-i �: sic:
it is located.
:mac. 0162-4, 8162 -5 b 8162 fj :) T, Oft, 2351 - 5/5/70
} Sec. 8162 -7 - Use of Nonconforming _,ots - The use of land as permitted for the
zone, or sub -zone in which it i 1.. sated shall be permitted on a lot of less
area than that required by the r,r };;t: ati>ns of such zone or subzone, or of less
area than that required to met° e M1111171ILM area requirements necessary to
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permit use or development of such Loc. as a discrete unit under the applicable
provisions 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 o the time that permits were required
therefor by the County or 2) the nonconforming lot and contiguous lot each
have an area of at least 10 acres. (''M. 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 respective zones immediately prior to the time
this ordinance 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
pursuant to variance or permit may be used thereafter in the manner
authorized by said variance or permit'.t as a nonconforming use for the
duration of said variance or permit
Sec. 8162 -9 - NONCOMFORMING TOTS RESULTING FROM LOT SPLITS - No
building permit shall be issued for any lot which results from the
sale of part of a lot or any other type of division of land if such
resulting lot did not meet the zoning requirements which applied to
the land at the time of said d:�.vi.sion and does not. meet with the
zoning requirements which appl,r tc thE' land at the time of applica-
tion for the permit unless 3 variance is.obtained from the Planning
Commission. This section is inapplicable to lots resulting from a
lawful lot line adjustment. (AMI,)RL> „2845- 5/14/74 ;AM.ORD.3483 - 3/4/80;
C AM.ORD.3647- 4/26/83)
Sec. 8162 -10 Nonconforming Use Vio3.ation and Penalties.
Sec. 8162 -10.1. - Prohibition Record Owner.
Sec. 8162 - 10.1.1 - It is ..Lnlawful for any record owner of land to
use or permit to bz usec thL.: land or any building cr 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 o1 a misdemeanor /infraction, as specified
in Section 13-1 of the 'Ventura County Ordinance Code and, upon
conviction thereof, sha..1 7e punishable in accordance with
Section 13 -2 of said Code Any record owner of land 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 ray .c3 et” in Section 13 -2. (AM. ORD.
3597 - 5/18/82)
Sec. 8162- 10.1.2 - Any ,ecord owner owning real property which
has been in violation any provision of this Article for a
period of one (1) year,, who has 'been personally served by the
County with a notice o!'. nonconforming use violation and of the
provision of this Sectic,u said `'ection 13 of the Ventura County
Ordinance Code and who continues ';.o violate any provision of this
Article after thirty ( ()) days after having been personally
served by the County -,_h suet. a notice of nonconforming use
violation is guilty 1, mis••3emeanor /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. 8162 - 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's Office
Sec. 8162 -10.2 - Prohibition Lessee or Sublessee.
Sec. 8162 - 10.2.1 - It 1,3 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 Code and, upon conviction
thereof, shall be punishable in accordance with Section 13 -2 of
said Code. Any lessee or sublessee 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
which such violation ir, committed, continued, or permitted and
shall be punishable therefor as provided in Section 13 -2. (AM.
ORD. 3597 - 5/18/82)
Seca $162-10.2.2 -.Any lessee or sublessee of such real property.
who violates any provision of this.Article for a period of one
C (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 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 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 wi °:h Section 13 -2. (AM. ORD.
3597 - 5/1.8182)
Sec. 81.62 -10.3 - Prohibition - Advertiser.
Sec. 8162 - 10.3.1 - :It i.s, 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 sectr.on 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 clay "luring any portion of which such violation
is committed, continued— or permitted and shall be punishable
therefor- as provided a. Sec.t:.ici 1.3 -2. (AM. ORD. 3597- 5/18/82)
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Sec. 8162 - 10.3.2 - Any a,.rer_isec who contracts for space, pays
for space, or advertise:. on any building, billboard, or other
structure which has bee a nonconforming use violation for a
period of one (1) year, a d wtio has been personally served by the
County with a notice of ach nonc.:onforming use violation and of
the provisions of this ection and Section-13 of the Ventura
County Ordinance Code am wilo continues to violate any provision
of this Article after thirty (30) days after having been
personally served by he County with such a notice of
nonconforming use violati a is gua-lty of a misdemeanor /infraction
and shall be guilty of a separate offense for each and every day
during any portion of which such violation is committed,
continued, or permitted bj such person. Upon conviction thereof,
such person shall be pun 3ha'`)le n accordance with Section 13 -2.
(AM. ORD. 3597 - 5/18/82')
Sec. 8162 - 10.3.3 - The ont:inued existence of an advertiser's
advertisement on a building, billboard or other structure in
violation of this sect c,a after the thirty (30) days notice
period provided in Sec. 3162- 10.3.2 shall create a presumption
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
person, corporation, partnership or other entity who causes or
permits to be posted px-nted announcements of their goods or
services on buildings, bi.lboards or other structures.
Sec. 8162 -10.4 - Nonconforming Use a Public Nuisance - In addition to
the penalties hereinabove provided, any nonconforming use caused or
permitted to exist in violat �.on of any provision of this Article is
hereby declared to be a pub ',.ic nuisance and is subject to summary
abatement by the County, in whiich case the County may recover from the
owner of the land or the owne- of such public nuisance, in an action
brought in the name of the 2ouaty for that purpose, the County's
expense of removal of such public nuisance including court costs and
reasonable attorney's fees to e fixes 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 -.minent domain proceedings, under threat
of eminent domain proceedings o.:7 meet i requirement of any public entity
having jurisdiction.
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