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HomeMy WebLinkAboutORD 2418. . r •• • • ·. "ORIGINAL, . , . OROIN/\.NCE Nt). 2418 ORDINANCE OF THE COUNCIL OP THE CITY OF P.M~O )\J,,TO AMENDING CHAPTER 18.94 OF 'l'HE PALO ALTO MUNICIPAL . CODE, CONCERNit~G NONCOf'lFOJUUNG USES AND NONCOMPLYINr. BUILDINGS, AND ESTABLISHING A SCHEDULE FOR P.E~10VAL OF CF.RTAIN USES The council of the city of Palo Alto does ORDAIN as follows: SECTION 1. chapter lR.94 of the J?alo Alto Municipal Code, presently entitled "!'tonconforminq Uses"; is hereby amended to read as set forth in EXHIBIT A attached hereto and made a part ~hereof by reference. SECTION 2. This ordinance shall become effective thirty clays from the date of its passage. INTRODUCED: March 18, 1968 PASSED: April 'l, 1968 P.YES: Arnold, Beahrs, ·Berwald, Clark, Comstock, Cooley, Dias, G~ii~ghe~.· Pearson, Spaeth, Wheatley NOES ~, None ABSENT None TO FORM: APPROVED: -\ \ ' ':,} _.·_· · .. :· ,. .. .'-., ' .. -'' • • Cf 11\PTEP.. l 0 • 9 4 NONCONFORMING. um..:s AND NON.COMPLYING BUILDINGS ----....--~~~- Sections: 18.94.010 18.94.020 18.94.030 18.94.040 18~94.050 18.94.060 18.94.070 18.94.080 19.94.09,0 18.94.100 18.94.110 13.94.120 18.94.130 18.94.140 18.94.150 18.94.160 18.94.170 Definitions. General Provisiori. Enlargements of Noncomplying Buildings. Enlargement of Buildings Containing Nonconforming Uses. Expansion of Nonconforming Qses. !-laintenance Perrn1tted. Incidental Alterations. Structural ~lterations. Discontinuance or Abandonment of Nonconforming Uses. Residentiu.1 Buildings in Residential Zones; Reestablishment or Change of Nonconforming Uses Prohibited. Reconstruction of Damaged Buildings Containing :Ionconforming Uses. Rernoval,of Certain Nonconforming Uses. Replacement of Damaged or Destroyed Noncomplying Buildings. · · Amount of Damage or Destruction; How Determined. Age of Building; How oetennined. Certificate of Use and Occupancy. Unsaf~ Buildings. 18.94.010 Definitions. The follo\.,,.ing words and phra.ses, whenever us~d ln this chapter, shall be construed as defined in this section: (a) Nonconforming Use. 'fhe term "nonconforming use 11 shall mean any lawful use, whether of' ·a. building or of a t.ract of • 1and, \~hich does not conform to one or more of the applicable use regulations of· the district in which it j,s located, eith~r on the Qf fective date of this chapter or a~ a r~sult of any sabsequent amendment to this code. · (b) Noncomplyi~Jl Buildi129_. The. t>prm nnoncomplying building•• shall mean a buil:ding which does not comply with one or more of the applicable district height, bulk, setback and space requirements, either on the effective date of this chapter or as a· res~lt: of any subsequent amend<nent ~o ·this code, .~xc~pt that no building shall be deemed noncomplying solely because of the existence Of less than the required off-street parking spaces. {c) . Building~ _ The term 11 buildi!lq 1 ' shail include .. =•Accessory building 11 • ( d) Enlargemen_!:. The term II enlarg.:o!l'l~n t ,;· shaL1_, m~:.<l[l an addition to the floor area or height of an existing 1,>,t\~.).d~ng, or . . . . ·an increase in the size of the· ldt upon which the. buildin~f is located.· (e) Full Cash Value'. The term . "full cash value.,.·· sha;J.1' have the yieaning assigned to it in the Revenue and Taxation Ccide for property taxation purposes. ·:--·. . . (f) Incidental Alterations. The tepn 11 incidental· · alt",.erations 11 shall mean: -·1 - .. _ ... . . • • 1. Alterations to, or. .,an :Lt ions or removals of interior partitions or interior supporting columns. · 2. Changes in, or. additions of, wiring, utility pipes, ducts, conduits, lighting, heating O:t:' ventilating equipment, air conditioning, refri- -geratd'Cs·,· · stov~s; and ~other· f ixttires and· appTrtinces-•. · 3. Making or-removing, or increasing or_O.ecreasing the size of doors or windows in the_ exterior walls. 4. Replacement of building f~cades, provided that no unlawful increase in structural strength results( ·therefrom. (g) Structural Alterations. The term "structural alterations'' l=lhal l -me<"ln anv alterai .. ions ·not set forth. in subsec-. - --. --.. ------. --- -..l. tion (f) of this sectiort; . " 18.94.020 General Provision. A nonconforming use may be con­ tinued and a building containing one or more nonconforming uses, or a noncomplying building, may be maintained, except as provided in this~chapter, or otherwise.provided by law. 18.94.030 Enlargements of Noncomplying Building~. No enlarge­ ment of a noncomplying building shall be permitted in any manner which increases its noncompliance7 except as provided in Section 18.88.070. 18~94.040 Enlar9ement of Buildings Cont~ining Nonconforming U~es. No building containing a nonconforming use shall be enlarged except.to accommodate a corifor.ming use. lB;,:~4.050 Exransion.of Nonconforming Uses •. A nonconforming use may be expanded within any part of a building oriqinally designed ;:ind built for such u~P. or similar use, except that when a nonconfonning use is replaced by a conforming use, that area ~o replaced shall remain conforming. A nonconforming use or ~ny , · porti6n of a nonconforming use--not located within a bui~ding may not be expanded. 18.94.060 .~laintenance Pernyitte~. Maint~nance of ·any hµilding for the purpo~;~ :of preserving its existing condition, retarding or eliminating w~ar and tear, or physical depreciation, or complying with the requirements of law shall be'permitted. 18.94.070 Incidental Altei::ations. Incidental ·alterations shall be pe.rmitted in any building subject to the provisions of section 18.94.120. . ' ' . -. --~ j '-: ~ . • . '-~ -, • . . --' ..•. 18. 94. 080 Structural Alterations·. No structural' ·a.1 teratiol1s shall be made in a ,}:mj,lding containing one or more nonconforming uses except when made in order to comply with the requi~ements,of ·law, or in order to accommodate a conforming use. · · 18. 94. 090 ·. DiScoi"itin11).uj.e~ Qr Abandonment of Nonconforltli.ng Uses. (a) On v;;i.c~ht, iand or any· land where the val\.te of the improvements does. not· exceed one thousand dollars I when a11·: non­ CQrlforming comi~erc:i,al or industrial uses are, discon.tinued or abandoned for . six rn6httn~' 9r mor~,,: any subsequent uses of such: larid or improvements must·,: be con"formihg. Cb> wnere· alt. non66rif~rmir~g uses of a building origin­ a11y-designed-or bu fit for commercial pr -~,ndustrial 'purposes are . --'-.. : 2 - . .t'.• f . . -: ~ ~ • • -_. .. I -~ • t' ~ • I .... . . . • • discontinued for 'twelve months.or more, any subseouent uses of such building must be conforminq. (c) subject to the provisions of subsections (a) and (b) of this section, a nonconforming use of a building or premises may be 9hanged to another.use of the sa~e or more restrict~d . classification,-·except that when. a nonconforming use ·rs replaced .by'a:,conforminq use, that area so replaced shall remain conforming. 18.94.100 Residential Buildings in Residentic,ll Zones: Re­ establishment or Change of Nonconfobning Uses Prohibited. Notwith­ standing the provisions of Section 18.94.090, in a building or1g1n­ ally designed and built for residential use and located in any "Rn zone or the HOA.zone, any discontinued or abandoned nonconforming use shall not be reestablished and shall not be replaced except by a conforming use. 18.94.110 Reconstruction of Damaged Buildings Containing Nonponforming Uses. . When a buildTng occupied wholly or partly by one or more nonconforming uses is damaged or destroyed by any means e~cept ordinary wear and tear, and depreciation, reconstruction shall be prohibited except for conforming uses or in accordance with this -section, as follows~ {a) When one or more of the uses in the building is subject to the provisions of Section 18.94.120: 1. During the fir~t one~third -6f the applicable period for termination of such use or uses, the building may be reconstructed up to 75% of its full cash value. 2. During the second orie-third of such period, the building may be reconstructed up to.50% of its full ca.sh value. 3. During the last one-third of such period, the building may be reconstructed up to 25% of its full cash value. (b) When a building is occupi2tj, .· .. 1holly or partly by one or more nonconforrninq uses, ·all of which are not subject to the provisions of Section' 18.94.120: 1. Durinq the first ten years fi;om the date pf . 'comp1eti.6n of construction of the,.building ~-·75%' or less of the· full cash value of the builaing may be reconstruc­ ted. . . 2. 1\fter suc.h time, 50% 'or less of the full cash ·. · v~lii~<of the building may be reconst(uct~d. · 18~94~120 Ren~oval of Certain· Nontot1formi.i1g.<U~es ~ NondOnforming uses shall be.removed in accordancewith·the provisions of this . section! . (a) ·l'he industrial or commercial noncoilform~irig use of . vacant:. la,nd or' land wf1ere there are no impr6vetn¢nts with' a full cash value of more than$1,000 shall be terminated within five . years. from the effectiye. date of this $~C:tlon '· or within ~f .ive years from the date such use becomes nonconforming,· whichevt\r···.date is later, and within such time the improvements -s~#ill elei~,~r be;..~_~."" moved or converte~ to accommodate cof!forming \t'ses. ·. \\ >/.· 1;.. (b) In ali 11 R11 districts and the ... HOAn district, the industrial or cormnerc.ial n6nponforminq use of any J>uilding ori­ 'ginally designed and btiilt for residential. use shall be terminated - 3 - ;: ~·· ..... -. .. • • within ten years from the effective date of this section, or within ten ·years '.from· the date the use became nonconforming, whichever date iR later, and within such time the building shall either be removed or converted to accommodate conforming uses. (c) In all 11 R11 districts and the "HOA'' distric't, indus­ trial or conunercial nonconforming use of any building originally designed -arid ·-built for nonresidential purposes shall be terminated, and the building -either converted to accommodate conforming uses or removed at or be~ore the time such puilding reaches the age Set forth .in SUbbeC-:;;iorf (d) Of this Section, provided I however I that no such termination,· remoyal or conversion shall be required with~n fifteen years from th1:! effective date of this section, or wi thir. fifteen years from the dat.e the use became nonconforming, whichever date is later. · (d} The following schedule shall qovern the period of time for removal of the nonconforming uses specified·in-subsection. (c) ()-£ this section;. Type of Construction (UtlifQrm Buflding· Code) Type I Type II · ·Type III Type IV Type V Age Computed From Date of ·construction 40 years 35 years 30_years 25 years 20 years 18. 94 .130 Replacement of Dama<Jed or Destroyed Noncomplying .. Buildings. If. a. noncomply'Ihg buflding~s .damaged or destroyed by any means except ordinary wear and tear, and depreciation, it may be reconstructed only as a complying building,_ except as follows: (a) During the first ten years from the date of completion of construction 9f the building, 75%or less of the full cash value of the building may be reconstructed- (b) After such time, 50% or less of the full c~sh value of the building may be reconstructed. This section shall· not be construed to abrooate or modify the requirements fer removing :nonc~nforming · uses. . ~ · · ••• .>-· • • ' 18.94."i40. -Atnoul'lt of_ Damage or pestruction; Uqw .Determined. The amount';of destruction of a building shall be determined by the ratio which the ccS';;t of reconstructing the damage or destroyed portions of the buil~iilgbea:rs.to the full cash value. In deter­ mining .the rati9, the value of the land sh~ll·''be excluded. 18.94.150 Age pf Building; How pe~e%1llined. The age of a building shall e,e computed from the recor¢fed' date of its completion, if available~ otherwise, such date shall be deemed to be one year subsequent to the date. of ls13uance of the building ·"permit. In any case when, .in a ·single ·'construction,. an ad('.iition to a bui.lding was _commenced prior to the effective-date of this ordinance whfch had at the time of its 'completion a value in excess .of 75% of the f~ll cash ~alue of the original bulldin~ or which inci~ased the - bulk or floor area of the original building by :more thanI75%, the age.of tQ~·building shall be -con:iputed from the recorded date of completicfn of such addition if --availablE!: .. qt.herwise, such date shall be deemed to be one year_.'su~~equent--'tJ~:<the.;date of issuance of th~ building permit for , such ad di ti on. · · ' · .... 4 - ' . ·,_-.';. l.,_ :· '-.· "-· ... • • .. 18.94.160 · Certificate of Use and Occupancy. Tbe owner. or occupant of any I.~nd containing a nonconforming use shall, upon' notification of the l:>Uildfn9 official, make application for a . Certif icc:ite of Use and Occupancy under the provisio11s of Chapter 18.96 of this code, ~nd shall annually thereafter apply for a rehewal'of such a permit. ' ' 18. 94. l.70 Unsafe nuildinqs. Nothinq in this chapter shall. be 6onstrued as repealing, abrogating or modifying any provision of Chapter 16.40 of this l!ode, ,or any other provision of this. code, or of law rerating to the requi:r.ements for construction, maint~nance, repair, demoliti6n or removal of buildings. ; -!<-.-. ,. - 5 - .·~ .. ·.·· '...; -~. - i'