HomeMy WebLinkAboutORD 946ORD 946 Ü h£Ÿjì ã ORDINANCE NO. 946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING THE PROVISIONS OF
ZONING CODE OF THE BALDWIN PARK MUNICIPAL CODE
CASE NO. AZC-1Q9)
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
Section 1. That Chapter 17.50 of Title 17 of the Baldwin
Park Municipal Code is amended to read as follows:
Chapter 17.50
NONCONFORMING BUILDINGS, STRUCTURES AND USES
I
Sections:
17.50.010 Application
17.50.020 Continuation of Nonconforming Uses, Buildings
and Structures
17.50.030 Nonconformity. Limitation of other uses.
17.50.040 Nonconformity—Change of Use.
17.50.050 Termination of Use. Abandonment. Change or
Increase of Use.
17.50.060 Termination of Use. Expiration of Time.
17.50.070 Orders of Abatement.
17.50.080 Appeals from Decisions of Director.
17.50.090 Appeals from Commission Decisions.
17.50.100 Notice of Decisions—By
17.50.110 Notice of Decisions—By
Director.
Commission.
Council.
17.50.120 Notice of Decisions—By
17.50.121 Definition of Owner.
17.50.122 Effective Date of Notice.
17.50.130 Perfecting of Appeals.
17.50.140 Conduct of Hearings.
17.50.150 Repair--Maintenance.
17.50.160 Eminent Domain—Public Acquisition.
17.50.170 Permitted work on nonconforming buildings
and structures.
17.50.175 Effect of Work.
17.50.180 Exemptions and Except ions—Public Utilities
Exempted.
17.50.185 Mixed Uses.
17.50.010 Application. Except as otherwise set forth in
this Chapter, the regulations set out in this Chapter shall apply
to each nonconforming use, building and structure, located in the
City.
17.50.020 Continuation of Nonconforming Uses, Buildings and
Structures. Each and every nonconforming use, building or
structure may be continuously utilized and maintained, subject to
the provisions of this Chapter; provided, that no alteration,
addition, change of use or enlargment as to any such use,
building or structure shall be permitted, except as otherwise
expressly provided in this Chapter.
17.50.030 Nonconformity. Limitation on Other Uses. Except
otherwise as expressly provided in this Chapter, so long as a
nonconforming use, building or structure exists upon any lot, no
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new use, building or structure may be established, located or
constructed on such lot.
17.50.040 Nonconformity Change of Use.
A. General. Except as otherwise expressly prohibited in
this Title, a nonconforming use may be replaced by another
nonconforming use, provided such new nonconforming use does
not result in an expansion or enlargement of the degree or
intensity of nonconformity. A determination of the Director
made pursuant to this Subdivision shall be subject to review
as provided in Section 17.06.060 hereof.
B. Commercial and Industrial Zones. Where a use located on
any lot classified in any zone, other than a residential
zone, is nonconforming by reason of a lack of off-street
parking facilities, that use may be succeeded by another use,
subject to the provisions of Subsection A hereof, provided
that the new use does not require, pursuant to the provisions
of this Title, off-street parking facilities in excess of
that required for the replaced use; and
C. FC, 1C and 01 Zones. Any use, located on a lot
classified in Zone FC, Zone 1C or Zone 01, which was lawfully
established prior to July 14, 1986, which use became non-
conforming as a result of the reclassification of the lot
upon which located to the FC, 1C or 01 zones, may be replaced
with any use which is a Principal Use expressly allowed as
such in the C-M Zone, provided, there is no expansion of the
use, building or structure.
17.50.050 Termination of Use. Abandonment. Change or
Increase in Use. Whenever any one or more of the following facts
are found to exist with reference to a nonconforming use,
building or structure, the same shall be forthwith abated and
usage thereof shall be terminated:
A. Abandonment. Abandonment or termination of the usage of
a nonconforming use, building or structure. There shall
exist a rebuttable presumption of an intent by the owner
thereof to permanently abandon the non-conforming status
thereof, whenever the utilization of a nonconforming use,
building or structure has been discontinued, for any reason,
for a period of six 6) consecutive months or more;
B. Change in Use.
1. A change from a nonconforming use to another
nonconforming use, except as expressly otherwise
provided in this Chapter; or
2. A change from a nonconforming use to a conforming
use; or
C. Increase in Use. An increase or enlargement of the
area, space or volume of the building, structure or lot
occupied by or devoted to such nonconforming use, except as
otherwise expressly provided in this Chapter.
17.50.060 Termination of Use. Expiration of Time.
Nonconforming buildings, uses and structures shall be abated and
usage thereof shall be terminated upon the expiration of the
applicable periods of time as set forth in this Section; the said
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periods of time shall be deemed to commence to run as of the date
that such use, building or structure first became nonconforming
by reason of the application thereto of the Zoning Regulations of
the City:
A. Where the lot is unimproved, including, but not limited
to, areas used for vehicular off-street parking facilities,
one 1) year;
B. Where the lot is unimproved, except for structures of a
type for which this Code does not require a building permit,
three 3) years;
C. Where the lot is unimproved except for buildings or
structures which contain less than one hundred 100) square
feet of gross floor area, three 3) years;
D. Nonconforming outdoor advertising signs or structures,
three 3) years;
E. A nonconforming use twenty 20) years;
F. A nonconforming use of a trailer park, five 5) years;
G. Nonconforming buildings and structures other than those
referred to in subdivisions B, C, D, F and H of this Section,
shall be abated, and the usage thereof terminated, within the
periods of time as set forth in this subdivision, based on
the type of construction thereof as defined in the Building
Regulations of the City, as follows:
1. Type IV and Type V buildings light incombustible
frame and wood frame), thirty-five 35) years; and
2. Type III buildings heavy timber construction and
ordinary masonry), forty 40) years; and
3. Type I and Type II buildings fire-resistive),
fifty 50) years;
H. A nonconforming use of a contractor's office, shop or
yard, two 2) years;
I. The nonconforming maintenance of household pets and all
other animals, fish, or fowl, two 2) years;
J. The nonconforming use of a game arcade or game machine,
two 2) years; or
K. An adult business use, two 2) years.
17*50.070 Orders of Abatement. Where any one or more of the
facts set forth in Section 17.50.050 are found to exist by the
Director or where the Director finds that, as to any use,
building or structure, the applicable time set forth in
Section 17.50.060 has expired as to such use, building or
structure, the Director shall issue a written order of abatement
hereafter referred to as Order") and give notice thereof to the
owners and/or persons in possession thereof. Each Order shall
contain a description of the property affected; the factual basis
for the issuance of such Order; the method of abatement; and the
time within which such abatement shall occur. The Order shall be
deemed final and conclusive, as of the date of the giving of
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ORD 946 Ü h£Ÿjì ã notice of the issuance thereof, in the absence of an appeal,
timely filed and perfected as provided in this Chapter, The owner
and/or person in possession of the property to which an Order
relates shall comply with such Order, as of the date such Order
becomes final.
17.50.080 Appeals from Decision of Director.
A. An Order shall be, for all purposes, final and
conclusive, unless within not to exceed thirty 30) days
after the giving of notice of the issuance of such Order by
the Director, an appeal is filed as provided in this Chapter
contemporaneously with the payment of a filing and processing
fee in a sum set by Resolution of the City Council.
B. All appeals from decisions of the Director shall be
filed with the Secretary of the Planning Commission appealing
the decision of the Director to the Planning Commission with
regard to the issuance of an Order.
C. The Secretary of the Commission, upon receipt of such a
timely filed appeal, shall set the matter for a de novo
hearing before the Planning Commission and shall cause notice
of the time and place thereof to be given as specified in
this Chapter.
D. Based upon the evidence presented at such de novo
hearing, the Commission shall determine whether the use,
building and/or structure has lost its nonconforming status
pursuant to the provisions of this Chapter.
E. In the absence of the perfecting of an appeal, as
provided in this Chapter, appealing the decision of the
Commission to the City Council, the Commission's decision
shall be final and conclusive as of the thirtieth 30th) day
following the date of the adoption of the decision by the
Commission.
17.50.090 Appeals from Commission decisions.
A. A written appeal appealing the Commission's decision to
the City Council, may be filed with the City Clerk not later
than the thirtieth 30th) day following the date of the
adoption by the Planning Commission of its decision with
respect to such Order.
B. The City Clerk, upon receipt of a timely filed appeal,
shall set the matter for a de novo hearing before the City
Council and shall give notice of the time and place thereof,
as specified in this Chapter.
C. Based upon the evidence presented at such de novo
hearing, the City Council shall determine whether the use,
building and/or structure has lost its nonconforming status
pursuant to the provisions of this Chapter.
D. The decision of the City Council shall be final and
conclusive.
17.50.100 Notice of Decision By Director. Upon issuance
of an Order by the Director, the Director shall give notice
thereof by depositing a copy of such Order in the course of
transmission of the United States Postal Service, addressed to
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ORD 946 Ü h£Ÿjì ã the owner of and/or persons in possession, of the property to
which the order relates, postage prepaid, addressed at such
persons last known address. Alternatively, the Director may
personally serve such persons with copies of the Order.
17.50.110 Notice of Decision By Commission. Upon the
adoption by the Commission of a decision with reference to an
Order, the Secretary of the Commission shall forthwith give
written notice of the same. The notice of such decision shall be
given in the same manner as set forth in Section 17.50.100.
17.50.120 Notice of Decision By Council.
Upon the adoption by the Council of a decision relating to an
Order, the City Clerk shall, forthwith, give written notice of
the same. The notice of such decision shall be given in the same
manner as set forth in Section 17.50.100.
17.50.121 Definition of Owner.
For the purpose of this Chapter, owner" shall mean the owner
or owners of the fee interest in the property to which an Order
relates; and the trustee and owner or owners of any beneficial
interest under a trust deed relating to such property; and a
tenant under a written recorded lease, as such interests are
shown by a title search conducted by a qualified title company.
17.50.122 Effective Date of Notice.
The notices required under this Chapter shall be deemed to
have been given as of the date of personal service or two 2)
consecutive days after the date of deposit of such notice in the
course of transmission of the United States Postal Service.
17*50.130 Perfecting Appeals. The owner of property to
which an Order relates, or his authorized agent, shall be
qualified to file an appeal from a decision by the Director
and/or the Commission relating to an Order. No such appeal shall
be effective for any purpose unless the same is filed within the
times permitted pursuant to the provisions of this Chapter. In
addition, no such appeal shall be valid for any purpose unless,
contemporaneously with the timely filing of such an appeal, an
appellate filing and processing fee in the sum set by Resolution
of the City Council is paid to the City.
17.50.140 Conduct of Hearings.
A. At all hearings held pursuant to this Chapter, before
either the Planning Commission or the City Council, any
interested person shall be heard, and applicable staff
reports relating to such matter shall be considered.
B. In proceedings pursuant to Section 17.50.060 of this
Chapter to abate a non-conforming use, building or structure
the Commission and/or Council shall determine whether the
applicable prima facie period, as set forth in said Section
17.50.060 of this Chapter, is appropriate as applied to the
facts of that case.
In making such determination, the Commission and/or
Council shall consider the date the buildings or structures
were constructed; the original cost thereof; whether such
original cost has been, or could have been, recovered by the
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owner under generally accepted accounting practices; and/or
whether it is feasible to relocate such building or
structures.
The Commission and/or Council may extend the prima facie
periods of abatement, as set forth in Section 17.50.060 of
this Chapter, in order to establish a reasonable period of
abatement, based upon the facts presented at the hearing.
17.50.150 Repair Maintenance. The ordinary repair and
maintenance of a nonconforming building or structure shall be
permitted if the cost thereof does not exceed, in any consecutive
twelve 12) month period, an amount equal to one-half 1/2) of
the then assessed value of the building or structure.
17.50.160 Eminent Domain Public Acquisition.
A. Repair. Public Acquisition. The repair, reconstruction
or remodeling of any nonconforming building or structure
shall be permitted where a part of such building or structure
is taken for any public use by condemnation, dedication or
purchase by an agency having the power of eminent domain.
Such reconstruction, remodeling or repair shall be limited to
that necessary to render the building or structure safe for
continued use. Such repair, reconstruction or remodeling
shall not have the effect of extending the period of
abatement relating to such nonconforming building or
structure.
B. Acquisition Causing Non-Conformity. No building
structure or use shall be deemed to be non-conforming, where
such non-conformity is caused, exclusively, by public
acquisition, by condemnation, dedication, purchase or other
form of public acquisition, of a portion of the building,
structure or the lot upon which such is located.
17.50.170 Permitted Repair and/or Maintenance of
Nonconforming Buildings and Structures. Nothing in this Chapter
shall be deemed to prevent the repair, rehabilitation and
reconstruction hereinafter referred to as work") as to a
nonconforming building or structure, under any of the following
conditions:
A. Elimination of Nonconformity. Such work shall be
permitted in order to render the use, building or structure
in conformity with the provisions of this Title, except that
the conversion of an existing residential structure or use to
a nonresidential use permitted in the zone in which the lot
upon which such building or structure is located, shall not
be allowed unless and until a conditional use permit pursuant
to the provisions of Chapter 17.54 is first obtained; and/or
B. Compliance with Laws. Such work shall be permitted in
order to comply with any laws, including, but not limited to,
zoning regulations; and/or
C. Partial Destruction. Where any nonconforming building
or structure is damaged or partially destroyed by any
casualty, the same may be restored to the condition in which
it existed immediately prior to the occurrence of such
casualty; provided, that the aggregate total cost of the
necessary work does not exceed a sum equal to one-half 1/2)
of the then assessed value of the building or structure;
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provided, that all such work shall be completed within a
period of twelve 12) consecutive calendar months from and
after the date of the occurrence of the casualty. Sureties
may be required by the Director to assure timeliness of such
work.
D. Nonconformity, Existing Yard Areas, Such work shall be
permitted as to any existing building or structure which is
nonconforming by reason of substandard yard areas.
17.50.175 Effect of work. Accomplishment of any work
permitted or required pursuant to this Chapter, shall not be
deemed, regardless of cost, to extend the abatement period of the
nonconforming use, building or structure to which the same
relates.
17.50.180 Exemptions and exceptions Public utilities
exempted. The provisions of this Chapter concerning the required
abatement of nonconforming buildings, structures and/or uses, and
the reconstruction of nonconforming buildings and structures
partially destroyed, shall not apply to public utility buildings
and structures when such buildings and structures pertain
directly to the rendering of the service by a utility, such as
steam electric generation stations, electric distribution and
transmission substations, communication equipment building, water
wells and pumps, gas storage, metering and valve control
stations; nor shall any provision of this chapter be construed or
applied so as to prevent the expansion, modernization or
replacement of such public utility buildings, structures,
equipment and features, as are used directly for the delivery of
or distribution of the service; provided, that this section shall
not exempt such uses from the provisions hereof covering
nonconformity of such buildings, structures or uses not
immediately related to the direct service to consumers, such as
warehouses, storage yards and the like."
17.50.185 Exemptions and exceptions—Mixed uses. Where
uses, buildings and/or structures are located on a C" or I"
zoned lot, or a combination of such lots which form a single
complex under common ownership, or a portion of such uses,
buildings and/or structures located thereon, are nonconforming
solely by reason of the fact that one or more of the uses are not
permitted uses in the zone, no additional use, building or
structure shall be permitted on such lot or lots, unless all of
the requirements of provisions of this Title are met as to any
such additional use.
Section 2. That Section 17.16.165 is hereby added to the
Baldwin Park Municipal Code to read as follows:
17.16.165 Residential Uses.
A. Single Family Dwellings. Notwithstanding the provisions
of this Title, including, but not limited to Chapter
17-50, if the only Principl use located upon a lot
classified in any C" Zone or the I Zone, is a single-
family dwelling:
1) the single-family dwelling shall not be deemed to
be a nonconforming use; and
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ORD 946 Ü h£Ÿjì ã 2) if destroyed or damaged by casualty such a single-
family dwelling may be reconstructed/ provided the
compliance is had with the provisions of Chapters
17.08 and 17.10; and/or
3) any such single-family dwelling may be enlarged by
an area equal to 25% or less of the existing floor
area of such dwelling, provided compliance is had,
as to such enlargement, with the provisions of
Chapter 17.08 and 17.10 of this title; and/or
4) any accessory building or structure allowed
pursuant to the zoning regulations applicable to
Zone R-l, may be located upon such lot serving such
single-family dwelling.
B. Multiple Dwelling Units. Buildings containing more than
one 1) dwelling unit, located on any C" or I" zoned
lot, shall be deemed nonconforming buildings, and the
use thereof for dwelling units shall be deemed to be a
nonconforming use. Such nonconforming buildings and
uses shall be subject to abatement in the manner set
forth in this Chapter, and within the times set forth in
subdivision G of Section 17.50.060 of this said Chapter.
Section 3. That Sections 17.08.175 and 17.08.180 are hereby
added to Title 17 of the Baldwin Park Municipal Code to read as
follows:
17.08.175 Single Family Dwellings.
A» Casualty Damage. Any single-family dwelling located on
any lot regardless of its zoning classification which is
damaged or destroyed by casualty, in whole or in part,
may be repaired or reconstructed providing compliance is
had with the provisions of Chapter 17.08 and Chapter
17.10 hereof; and
B. Permitted Enlargements. Accessory Uses. Any single-
family dwelling located on a lot described in Zone R-3
or R-G may be enlarged by an area equal to not more than
25% or less of the existing floor area of such dwelling
unit, provided compliance is had as to such enlargement,
with the provisions of Chapter 17.08 and Chapter 17.10
of this title; and, any accessory building or structure,
allowed pursuant to the zoning regulations applicable to
Zone R-l hereunder, may be placed upon such lot serving
such single-family dwelling.
17.08.180 Multiple Dwelling Units. Casualty.
A. R-l Zoned Lots. Any building which contains more than
one 1) dwelling unit, which is located on a lot
classified in Zone R-l, shall be permitted in the event
of partial or total damage or destruction by casualty,
to be reconstructed or repaired provided;
1) compliance is had with the provisions of
Chapter 17.08 and Chapter 17.12 hereof; and
2) the number of dwelling units does not exceed
that number existing prior to such casualty.
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ORD 946 Ü h£Ÿjì ã B. R-G and R-3 Zoned Lots. Any building containing
more than one 1) dwelling unit which was in existence on
October 3, 1986; and which is located on an R-G or R-3 zoned
lot; and which does not comply with the provisions of Chapter
17.12 or Chapter 17.14, whichever applies to the lot, may be
reconstructed and/or repaired in the event total or partial
destruction by casualty provided:
1) compliance is had with the provisions of
Chapter 17.08 and Chapter 17.12 or Chapter 17.14,
whichever applies; and
2) that the number of dwelling units may not
exceed that number in existence prior to such
casualty, unless the density provisions of Chapter
17.12 or 17.14 whichever applies to such lot,
allows a greater number of dwelling units, in which
event the number of dwelling units permitted shall
be determined by the density regulations applicable
to such lot."
Section 4. That the City Clerk shall certify the adoption of
this Ordinance and cause the same to be published in the manner
prescribed by law.
I
PASSED AND APPROVED this 3rd day of September 1986.
/ W^
MAYOR
ATTEST:
/
z
L/NDA L. GAZR, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
SS.
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 946_____ was
passed and approved as an MKgKHKy ordinance at the Regular
Meeting of the City Council of the City of Baldwin Park on
the 3rd day of September 1966 by the following vote:
AYES: COUNCILMEMBERS GIBSON, MCNEILL, IZELL AND MAYOR WHITE
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS KING
I/INDA L.^6AIR, CITY CLERK
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