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Home My WebLink AboutORD 629ORD 629ÜÂh£ŸjìÂ® HRST R^ADiNG...^:..^..:,7^..... SECOND READING.^.- /^ 7-2- ORDINANCE NO. 629 AN ORDINANCE OF THE CITY COWCIL OF THE CITY OF BALDWIN PARK AMBiDING SECTION 9522 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO NON- CONFORMING USES CASE NO: AZC-60 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 9522 of the Baldwin Park Municipal Code is hereby amended to read as follows: 9522. NOHCONPDRMITY, ABATEMENT AND TERMINATION. Nonconforming uses, buildings and structures shall be subject to abatement and termination of usage, in the manner and time hereinafter described: 1. Termination for Violation of or Change of Use, Whenever any of the following facts are found to exist with reference to a nonconforming use, building or structure, the same shall be abated and usage thereof shall be terminated: a) Abandonment of a Nonconforming Use, Building or Structure. Upon abandon- ment of a nonconforming use, building or structure, there shall exist a rebutable presumption of such abandonment whenever the utilization of a nonconforming use, building or structure has been discontinued, for any reason, for a period of six 6) months or more; or b) Change in Use. i) A change from a nonconfomdng use to another nonconfonaing use, except as herein expressly provided; and BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® ii) A change from a nonconforming use to a conforming use. c« Increase in Use, An Increase or enlargement of the area, space or volume of the building, structure or land occupied by or devoted to such nonconforming use, except as otherwise herein provided• 2. Termination By Operation of Law. Hone on- forming buildings, uses and structures shall be abated and usage thereof shall be terminated upon the expiration of the periods of tine indicated hereinafter in this subparagraph. Said 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 property is unimproved, including, but not limited to, areas used for vehicular off-street parking facilities, one 1) year; and b) Where the property is unimproved, except for structures of a type for Which the Building Code does not require a building permit, three 3) years; and c) Where the property is unimproved except for structures which contain less than one hundred 100) square feet of gross floor area, three 3) years; and 2- BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® d) Monconfonning outdoor advertising signs and structures, three 3) years; and e) A nonconforming use housed In a nonconfonning building or structure, five 5) years; and A nonconforming ufie of a conforming building or structure, twenty 20) years; and g) A nonconforming use of a trailer park, five 5) years; and h) Nonconforming buildings or structures shall be abated, and the usage thereof terminated, within the periods of time as herein set forth, 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 11) Type III buildings heavy tliober construction and i ordinary masonry) forty 40) years; and 111) Type I and Type II buildings fire resistive), fifty 50) years. 3« Order of Abatements Where any one of the facts set forth in Subparagraph I) hereof are found to exist by the Director of Planning, or where he 3 BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® finds that the abatement period, as to a building, use or structure, as set forth In Subparagraph 2) hereof, has expired, he shall Issue a written Order of Abatement hereinafter Order"), and give notice thereof. Said Order shall contain a description of the property affected; the names of the owners and/or persons In possession thereof; the basis for the Issuance of such Order, and the time within which the usage shall terminate. Said Order shall be deemed final and conclusive as of the date of the giving of notice thereof In the absence of an appeal, perfected as hereinafter provided. The utilization of the nonconforming building, structure and/or use which Is the subject of such an Order, shall be terminated within the time specified In such Order, which time for termination shall not exceed 180 days. 4. Appeals from Decision of Director. An appeal may be filed with the Secretary of the Planning Commission from a decision of the Director with regard to an Order. The Order shall be, for all purposes, final and conclusive unless within not to exceed one hundred eighty 180) days after the giving of notice of such Order such an appeal is filed* The Secretary of the Commission, upon receipt of such a timely appeal, shall set the matter for hearing before the Planning Commission and shall cause notice of the time and place of the hearing upon same to be given as specified herein* At the time of such de novo hearing, the Commission shall determine whether the said use, building and/or structure has lost its non- 4" BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® conforming status pursuant to the provisions hereof. In the absence of a timely filing of an appeal, appealing the decision of the Commission to the City Council, the decision of the Commission shall be final and conclusive, as of the date of its adoption by said Commission. 5. Appeals from Commission Decisions* An appeal, appealing the Commission's decision to the City Council, may be filed with the City Clerk^Lthin thirty 30) days after the date of the adoption by the Planning Commission of such decision, with respect to an Order• No appeal shall be effective for any purpose unless the same is filed with the Clerk within said 30-day period. The City Clerk, upon receipt of a timely appeal, shall set the matter for hearing before the City Council and shall give notice of the time and place of the hearing upon the same, as hereinafter specified. At the time and place set for such de novo hearing, the City Council shall determine whether the said use, building and/or structure has lost its nonconforming status pursuant to the provisions hereof. The decision of the City Council shall be final and conclusive• 6. Notice of Decisions. a) By Director. Upon issuance of a written Order of Abatement by the Director, he shall give notice thereof by depositing a copy of such Order in the course of trans- mission of the United States Postal Service, 5- BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® addressed to the owners and/or persons in possession of the property to which the Order relates, postage prepaid and addressed to their last known address as determined from records available to the Director; alternately, the Director may personally serve such persons with copies of the Order. b) By Commission. Upon the adoption by the Commission of a decision with reference to an appeal from an Order issued by the Director, the Secretary of the Commission shall forthwith give written notice of the same. Said notice shall con- tain a description of the property affected, the names of the owners and/or persons in possession thereof; the basis for the decision reached, and the time within which said usage shall terminate. The notice of such decision shall be given in the same manner as set forth in Sub paragraph a) hereof. c) By Council. Upon the adoption by the Council of a decision with reference to an appeal from a decision by the Commission with reference to an Order, the City Clerk shall forthwith give written notice of the same. Said notice shall contain a description of the property affected, the 6- BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® names of the owners and/or persons in possession thereof; the basis for the decision reached, and the time within which said usage shall terminate, if applicable. The notice of such decision shall be given in the same manner as set forth in Subparagraph a) hereof. For the purpose of this Section owner" shall mean owner or owners of the fee interest in the property to which an Order relates, the owner or owners of any beneficial interest under a trust deed relating to such property, and the purchaser and vendor under a land sale contract relating to such property, as such interests are shown by a title search conducted by a qualified title company. The notice required hereunder shall be deemed to have been given as of the date of personal service, or, as of the date of the deposit of such notice in the course of transmission of said United States Postal Service. 7. Perfecting of Appeals. The owner of property to which an Order relates, or his authorized agent, shall be qualified to file an appeal pursuant to this Section. No such appeal shall be effective for any purpose unless the same is filed within the times permitted pursuant to the provisions hereof. In addition, no such appeal shall be valid for any purpose unless contemporaneously with the filing of such an appeal, an appellate filing and processing fee in the sum of $50.00 is paid to the City Treasurer. 7- BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® 8• Conduct of Hearings. At hearings held pursuant to this Section, before either the Planning Commission or the City Council, the appealing party shall be given a reasonable opportunity to be heard; any applicable staff reports relating to such matter shall be con- sidered. In proceedings pursuant to Section 2 hereof, the Commission and/or Council shall determine whether the applicable abatement period, as set forth in said Section 2, is appro- priate as applied to the facts of the 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 owner under generally acceptable accounting practices; and whether it is feasible to relocate such buildings or structures. Based upon such evidence, the Commission and/or Council shall determine whether such abatement period specified in Subsection 2 hereof is reasonable. The Commission and/or Council may extend the prima facie periods of abatement, as set forth in said Section 2, in order to establish a reasonable period of abatement, based upon the facts so presented. SECTION 2. That the City Clerk sha-U certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 16th day of February 1972 \_^^^^^z^/ MAYOR V^^——^ ATTEST: City Clerk 8- BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 629ÜÂh£ŸjìÂ® ORDINANCE NO. 629 Page STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THLI-HA L, 8ALKUS. City Clerk of the City of Baldwin Park. do hereby Certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of February 1972 That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of February 1972 by the following vote; COUNdLMEN AYT RAT N.V. AB TOCTLWEr AYE' w a. AB"- BLEWETT X2 McCARON XI HYWILTON X MAYOR GREGORY X KING X EeTVol X"- ndi cat te AB Abs sent V. Not V otTng THELMA L. BALMUS^ City Clerk BIB] 37950-U01 ORD-U02 629-U02 LI2-U03 FO31548-U03 FO31786-U03 DO31792-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04