HomeMy WebLinkAboutORD NO 3741ORDINANCE NO.3 ? 4 1
AN ORDINANCE AMENDING SECTION 17.04.470, ADDING
SECTIONS 17.04.472, 17.04.474, 17.04.476, AND CHAPTER 17.68,
AND REPEALING SECTIONS 17.04.480, 17.08.060, 17.08.070,
17.08.080, 17.08.090, 17.42.080, 17.44.090, 17.57.080, AND 17.69.050 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEGAL
NONCONFORMING STRUCTURES, USES, AND LOTS.
WHEREAS, in accordance with the procedure set forth in Title 17 of the Municipal
Code of the City of Bakersfield, the Planning Commission held a public hearing on a proposal to
amend the text of Title 17 of the Bakersfield Municipal Code; specifically, amending Section
17.04.470, adding Sections 17.04.472, 17.04.474, 17.04.476, and Chapter 17.68, and repealing
Sections 17.04.480, 17.08.060, 17.08.070, 17.08.080, 17.08.090, 17.42.080, 17.44.090, 17.57.080,
and 17.69.050 of the Bakersfield Municipal Code relating to legal nonconforming structures, uses,
and lots; and
WHEREAS, by Resolution No. 95-96 on September 19, 1996, the Planning
Commission recommended approval and adoption of said ordinance amendments and this Council
has fully considered the findings made by the Planning Commission as set forth in that Resolution;
and
WH EREAS, the Planning Commission, as a result of said hearing, did make findings
of fact which found the proposal to be exempt from the provisions of the California Environmental
Quality Act (CEQA) according to the City of Bakersfield's CEQA Implementation Procedures
(Section IVB3(d) - Class 5); and
WHEREAS, the law and regulations relating to the CEQA has been duly followed
by city staff, the Planning Commission and this Council.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield, as follows:
1. The Planning Commission findings as contained in Resolution No.
95-96 are adopted as the Council's own
2. The proposed text amendments to Title 17 are approved as follows:
follows:
17.04.472
SECTION 1.
Section 17.04.472 is hereby added to the Bakersfield Municipal Code to read as
NONCONFORMING LOT, LEGAL.
"Legal nonconforming lot" means a lot, its area, frontage, or dimensions, that complied with
subdivision and zoning ordinances for the zone district that was in place when the lot was created,
but which no longer conforms to the present subdivision and zoning ordinances.
SECTION 2.
Section 17.04.474 is hereby added to the Bakersfield Municipal Code to read as
follows:
17.04.474 NONCONFORMING STRUCTURE, LEGAL.
"Legal nonconforming structure" means a structure or building, its size, dimensions, setbacks,
proximity to other buildings, or other location, that complied with the zoning ordinance for the zone
district that was in place when the structure was constructed, but which no longer conforms to the
present zoning ordinance,
SECTION 3.
Section 17.04.476 is hereby added to the Bakersfield Municipal Code to read as
follows:
17.04.476 NONCONFORMING USE, LEGAL.
"Legal nonconforming use" means a use or activity that complied with the zoning ordinance
for the zone district that was in place when the use was established, but which no longer conforms
to the present zoning ordinance.
SECTION 4.
Chapter 17.68 is hereby added to the Bakersfield Municipal Code to read as follows:
Chapter 17.68
NONCONFORMING USES,
STRUCTURES, AND LOTS
Sections:
17.68.010
17.68.020
17.68.030
17.68.040
17.68.050
17.68.060
17.68.070
17.68. (180
17.68090
17.68.100
Purpose.
Legal nonconforming structures.
Legal nonconforming uses.
Changes or expansion to nonconforming uses.
Legal nonconforming lots.
Structures/uses under construction.
Effect of annexation.
Determination of nonconforming status - Burden of proo£
Illegal nonconforming structures and uses.
Nonconforming signs, parking and landscaping.
17.68.010 PURPOSE.
This chapter specifies the manner in which legal nonconforming uses and structures may or may not
continue. It is intended to prevent such uses or structures from expanding except under certain
circumstances. It also establishes criteria by which such uses or structures may be abated or removed
in an equitable, reasonable, and timely manner without infringing on the constitutional rights of
property owners.
17.68.020 LEGAL NONCONFORMING STRUCTURES.
A legal nonconforming structure may be continued and maintained as follows:
A legal nonconforming structure may be restored if it is involuntarily damaged or destroyed
by fire, other catastrophic event, or the public enemy, up to its pre-damage size and
placement. However, the property on which the restored structure is situated shall be subject
to all other current ordinances. Building permits for reconstruction shall be obtained within
2 years and be completed within 3 years of the date of the damage.
A legal nonconforming structure or any part of it that is voluntarily destroyed or removed,
shall lose all nonconforming status for any part or parts affected and may not be
reconstructed.
A legal nonconforming structure may be increased in area or volume if the addition complies
with this title and the most recent city adopted Uniform Building Code.
A legal nonconforming structure may be used for any use that conforms to the zone district
in which it is located and complies with the most recent city adopted Uniform Building Code.
Such structure will not lose its nonconforming status if it has been vacant for any time.
A legal nonconforming structure may be repaired or altered, including structural alterations
to bearing walls, columns, beams and girders. All work shall meet the requirements of the
most recent city adopted Uniform Building Code.
A legal nonconforming accessory structure may be used or converted to any use consistent
with the zoning district in which it is located, and the most recent city adopted Uniform
Building Code. Such structure will not lose its nonconforming status if it has been vacant for
any time.
An unreinforced masonry building (URM) that will be rehabilitated according to the
regulations of Chapter 15.40 regarding seismic strengthening, may be entirely removed and
reconstructed to the size and placement as it existed immediately before it was removed,
provided there is no change of use of the building. Contiguous URM buildings may be
reconstructed or remodeled as one building; however, if this is done, the total size of the new
building shall not exceed 150% of the combined size of the URM buildings as they existed
immediately before the reconstruction. In both instances, site development standards will not
be required to be brought up to present ordinance requirements; however, they shall at
minimum, include no more than what existed immediately before the reconstruction. This
subsection shall expire and be of no further force or effect after December 31, 1998.
17.68.030 LEGAL NONCONFORMING USES.
A legal nonconforming use may be continued and maintained as follows:
No increase in intensity, or of the area, space, or volume occupied or devoted to a legal
nonconforming use, except as allowed under Section 17.68.040, shall be permitted.
Change of ownership, tenancy or management of a legal nonconforming use shall not affect
its legal nonconforming status, provided the specific use and intensity of use do not change,
except as allowed under Section 17.68.040.
A legal nonconforming use that has ceased or been abandoned for a continuous period of 1
year or more shall lose its nonconforming status, and the continued use of that property or
structure shall conform to the regulations of the zone district in which it is located, except as
allowed under Section 17.68.040. If the legal nonconforming use is cultivated agricultural
land that is fallow for longer than the I year period but no more than a contiguous period of
3 years, it is not considered abandoned if it is part of a managed agricultural operation where
such land is planned for continued cultivation.
If a legal nonconforming use involves the keeping of animals, then the number of animals,
types of animals, minimum lot area for animals, or other standards for the keeping of animals
not in conformance with the zone district in which they are located, may be continued until
the owner or occupant removes them for a continuous period of 1 year or more.
Additional uses are allowed on property that contains a legal nonconforming use provided
those uses meet all requirements and regulations of the zone district in which they are located,
and do not result in the nonconforming use expanding as restricted in subsection A of this
section.
Ifa legal nonconforming use is converted to a conforming use, no previous nonconforming
use may be resumed.
Repairs and alterations may be made to structures containing legal nonconforming uses,
including structural alterations to bearing walls, columns, beams and girders. All work shall
meet the requirements of the most recent city adopted Uniform Building Code.
A structure containing a legal nonconforming use may be restored up to its pre-damaged size
and density if it is involuntarily damaged or destroyed by fire, other catastrophic event, or the
public enemy. However, the property on which the restored use is situated shall be subject
to all other current ordinances. Building permits for reconstruction of the structure shall be
obtained within 2 years and be completed within 3 years of the date of damage if the use is
reestablished.
A legal nonconforming use where no structure is involved may be restored up to its pre-
damaged size and density if it is involuntarily damaged or destroyed by fire, other catastrophic
event, or the public enemy. However, the property on which the restored use is situated shall
be subject to all other current ordinances. The use shall be reestablished within 1 year of the
date of the damage.
5
17.68.040 CHANGES OR EXPANSION TO LEGAL NONCONFORMING USES.
The Board of Zoning Adjustment or City Council may allow changes or expansions to legal
nonconforming uses as set forth in subsections A through D of this section. They shall use the
procedures adopted for conditional use permits according to Chapter 17.64, except that they shall
make findings set forth in subsection E of this section.
A legal nonconforming use may be changed to another nonconforming use of the same or
more restrictive nature.
A structure occupied by a legal nonconforming use that has ceased or been abandoned
according to Section 17.68.030 C may be permitted to be used for the same or more
restrictive use if the structure cannot be used for any use consistent with the zone district in
which it is located.
A legal nonconforming use may be enlarged, expanded, or extended when such use is
necessary due to economic market demands for the goods, products, or services provided.
Time restrictions specified in Sections 17.68.020A., 17.68.030C., 17.68030H., or 17.68.060
may be extended.
The Board of Zoning Adjustment or City Council shall make the following findings regarding
changes or expansions to legal nonconforming uses:
The proposed change or expansion of the legal nonconforming use is essential and/or
desirable to the public convenience or welfare.
The proposed change or expansion of the legal nonconforming use is consistent with
the intent and purpose of the ordinance that caused the use to become
nonconforming.
The change or expansion of the nonconforming use will have a positive impact on the
surrounding conforming uses and the area overall.
Other property where the use would be conforming is unavailable, either physically
or economically.
No other appropriate remedies are available to bring the use into conformance,
including amending the zone district boundary and/or zoning ordinance text.
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17.68.050 LEGAL NONCONFORMING LOTS.
Any lot that was legally created before the effective date rendering it nonconforming may be
used or developed if the use or development conforms to the regulations of the zone district
in which it is located.
The city shall not issue a permit for any construction on a lot created that violated the
subdivision and/or zoning ordinances in effect at the time of the property division, and which
continues to be violating present subdivision and/or zoning ordinances.
17.68.060 STRUCTURES/USES UNDER CONSTRUCTION.
Any structure for which the city has issued a building permit that is still in effect, or any conforming
use or building which was legally under construction before the effective date of any ordinance
rendering the structure or use nonconforming, may be completed and used according to approved
plans, ,specifications or permits as follows:
For nonconforming uses, the use shall be commenced within 1 year of the effective date of
the ordinance rendering such use nonconforming.
For nonconforming structures, the structure shall be completed within 2 years of the effective
date of the ordinance rendering such structure nonconforming.
17.68.1)70 EFFECT OF ANNEXATION.
Any use, structure, or lot that was lawfully established according to the regulations of Kern County
that becomes nonconforming by virtue of annexation into the city, will be considered legal
nonconforming
17.68.080 DETERMINATION OF NONCONFORMING STATUS -
BURDEN OF PROOF.
The party asserting a right to continue a nonconforming use or structure has the burden of proof to
establish its lawful and continuing existence.
17.68.090 1LLEGAL NONCONFORMING STRUCTURES AND USES.
Nothing in this chapter shall permit the continuation of illegal nonconforming structures or uses.
Illegal nonconforming structures or uses are unlawful and a public nuisance, and shall be immediately
removed or abated according to Chapter 17.72.
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17.68.100 NONCONFORMING SIGNS, PARKING AND LANDSCAPING.
This chapter does not regulate nonconforming signs, parking requirements, or landscaping standards.
These specific standards are found within their respective chapters as follows:
A. Nonconforming signs - Chapter 17.60.
B. Nonconforming parking - Chapter 17.58.
C. Nonconforming landscaping - Chapter 17.53.
follows:
SECTION 5.
Section 17.04.470 of the Bakersfield Municipal Code is hereby amended to read as
17.04.470 NONCONFORMING, ILLEGAL.
"lllegal nonconforming" means a structure, use, or lot that was unlawful when constructed
or established, and which does not conform to present regulations and standards.
SECTION 6.
Section 17.04.480 (nonconforming use definition) of the Bakersfield Municipal Code
is hereby repealed.
SECTION 7.
Section 17.08.060 (nonconforming buildings and uses) of the Bakersfield Municipal
Code is hereby repealed.
SECTION 8.
Section 17.08.070 (buildings under construction) of the Bakersfield Municipal Code
is hereby repealed.
SECTION 9.
Section 17.08.080 (reconstruction of damaged nonconforming buildings) of the
Bakersfield Municipal Code is hereby repealed.
SECTION 10.
Section 17.08090 (nonconforming uses resulting from amendments) of the
Bakersfield Municipal Code is hereby repealed.
SECTION 11.
Section 17.42,080 (nonconforming structures in the FP-P Floodplain Primary Zone)
of the Bakersfield Municipal Code is hereby repealed.
SECTION 12.
Section 17.44.090 (nonconforming structures in the FP-S Floodplain Secondary Zone)
of the Bakersfield Municipal Code is hereby repealed.
SECTION 13.
Section 17.57~080 (amoritization period for and removal of nonconforming uses for
metal storage containers) of the Bakersfield Municipal Code is hereby repealed.
SECTION 14.
Section 17.69.050 (nonconforming adult entertainment businesses -- discontinuance
required) of the Bakersfield Municipal Code is hereby repealed.
SECTION 15.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) days from and after the date of its passage.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
FEB 1 9 1997 , by the following vote:
AYES: COUNCILMEMBER n,~,~*r,~,,,', ~';,Rc,",N
NOES: COUNCILMEMBER ~
A¢STAIN: COUNCILM~ MB',~R
~ENT: COUNCiLMEMBER ~D~ ~ : -
' ~ I~Y ~0L~ER3~ld E~x Offic~k of the
Council of the City of Bakersfield
APPROy~D =, · FEB 1 9 1997
BOB PRICE
MAYOR of the City of Bakersfield
A~/P~,OVED as to form:
JUDY SKOUSEN
CITY ATTORNEY of the City of Bakersfield
je:noncon.ord
December 12, 1996
10
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on
the 20th day of February, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3741, passed by the Bakersfield City Council at a meeting held
on the 19th day of February, 1997, and entitled:
Ordinance amending Section 17.04.470, adding Sections 17.04.472,
17.04.474, 17.04.476, and Chapter 17.68, and repealing Sections
17.04.480, 17.08.060, 17.08.070, 17.08.080, 17.08.090, 17.42.080,
17.44.090, 17.57.080, and 17.69.050 of the Bakersfield Municipal
Code relating to legal nonconfroming structures, uses, and lots
/s/ PAMELA A. McCARTHY
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk