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HomeMy WebLinkAbout17.68 Nonconforming UsesBakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 1 Chapter 17.68 NONCONFORMING USES, STRUCTURES, AND LOTS Sections: 17.68.010 Purpose 17.68.020 Legal nonconforming structures 17.68.030 Legal nonconforming uses 17.68.040 Changes or expansion to nonconforming uses 17.68.050 Legal nonconforming lots 17.68.060 Structures/uses under construction 17.68.070 Effect of annexation 17.68.080 Determination of nonconforming status - Burden of proof 17.68.090 Illegal nonconforming structures and uses 17.68.100 Nonconforming signs, parking and landscaping Bakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 2 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. 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. B. 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. C. A legal nonconforming structure may be increased in area or volume if the addition complies with this Title and the most recent City adopted Building Code. D. 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 Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time. E. 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 Building Code. F. 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 Building Code. Such structure will not lose its nonconforming status if it has been vacant for any time. Bakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 3 17.68.030 LEGAL NONCONFORMING USES. A legal nonconforming use may be continued and maintained as follows: A. 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. B. 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. C. 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 1 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. D. 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. E. 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. F. If a legal nonconforming use is converted to a conforming use, no previous nonconforming use may be resumed. G. 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 Building Code. Bakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 4 H. 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. I. 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. 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. A legal nonconforming use may be changed to another nonconforming use of the same or more restrictive nature. B. 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. C. 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. D. Time restrictions specified in Sections 17.68.020A., 17.68.030C., 17.68.030H., or 17.68.060 may be extended. E. The Board of Zoning Adjustment or City Council shall make the following findings regarding changes or expansions to legal nonconforming uses: Bakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 5 1. The proposed change or expansion of the legal nonconforming use is essential and/or desirable to the public convenience or welfare. 2. 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. 3. The change or expansion of the nonconforming use will have a positive impact on the surrounding conforming uses and the area overall. 4. Other property where the use would be conforming is unavailable, either physically or economically. 5. No other appropriate remedies are available to bring the use into conformance, including amending the zone district boundary and/or zoning ordinance text. 17.68.050 LEGAL NONCONFORMING LOTS. A. 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. B. 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: A. For nonconforming uses, the use shall be commenced within 1 year of the effective date of the ordinance rendering such use nonconforming. B. For nonconforming structures, the structure shall be completed within 2 years of the effective date of the ordinance rendering such structure nonconforming. Bakersfield Municipal Code - Title 17, Zoning Ordinance Nonconforming Uses, Structures, and Lots November, 2012 Chapter 17.68, Page 6 17.68.070 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 ILLEGAL 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. 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 17.61.