HomeMy WebLinkAboutMC-957
Adopted: February 5, 1996
Effective: Karch 6, 1996
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1 ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.62 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
PERTAINING TO THE RE-USE OF NONCONFORMING COMMERCIAL AND INDUSTRIAL
STRUCTURES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 19.62 of the Municipal Code (Development
Code) is amended to establish new re-use standards and extend the
time a structure must be vacant to be considered nonconforming from
six to 12 months.
The development code standards of Chapter 19.62 of the Development
Code is hereby amended to read as follows (see Attachment A,
12 Development Code Pages IV-51 through IV-55,
13 incorporated herein by reference).
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attached and
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MC-957
1 ORDiNANCE. . .AMENDiNG CHAPTER 19.62 OF THE SAN BERNARDiNO
MUNiCiPAL CODB (DEVELOPMENT CODE) PERTAiNiNG TO THB RE-USE OF
2 NONCONFORMiNG COKKERCiAL AND iNDUSTRiAL STRUCTURES.
7 council Members:
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
regular
meeting thereof, held on the
5th
day of
February
, 1996, by the following vote, to wit:
AYES NAYS
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ABSENT
ABSTAIN
'~~C~LL
II, L{,
\..-..L -C---. /t-,
City Clerk
The foregoing ordinance is hereby approved this
7th
day
of
February
, 1996.
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Tom' l.nor,' tCl:ayor "-
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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MC-'-957
NON-CONFORMING STRUCTURFS AND USFS - 19.62
CHAPTER 19.62
NONCONFORMING STRUCTURES AND USES
19.62.010 PURPOSE
These provisions provide for the orderly termination of nonconforming structures and uses to
promote the public health, safety, and general welfare, and to bring these structures and uses
into conformity with the goals and policies of the General Plan. This Chapter is intended to
prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to
establish the criteria under which they may be continued or possibly expanded, and to provide
for the correction or removal of these land use nonconformities in an equitable, reasonable and
timely manner.
It is hereby declared that nonconforming structures and uses within the City are detrimental to
both orderly and creative development, and the general welfare of citizens and property. It is
further declared that nonconforming structures and uses shall be eliminated as rapidly as possible
without infringing upon the constitutional rights of property owners.
19.62.020 NONCONFORMING STRUCTURES
A structure which lawfully existed prior to the effective date of this Development Code is a legal
nonconforming structure, and may continue even though the structure fails to conform to the
present requirements of the land use district in which it is located. A legal nonconforming
structure may be maintained as follows:
I. A legal nonconforming structure which is damaged to an extent of 1/2 or more of its
replacement cost immediately prior to such damage may be restored only if made to
conform to all provisions of this Development Code. However, any residential
structure(s), including multi-family, in a residential land use district destroyed by a
catastrophe, including fire, may be reconstructed up to the original size, placement, and
density. However, reconstruction shall commence within 2 years after the catastrophe.
2. Necessary repairs and desired alterations may be made to a legal nonconforming
residential structure(s), including multi-family, located in a residential land use district.
3. Reasonable repairs and alterations may be made to legal nonconforming commercial,
institutional, or industrial structures, provided that no structural alterations shall be made
which would prolong the life of the supporting members of a structure, such as bearing
walls, columns, beams, or girders. Structural elements may be modified or repaired only
if the Chief Building Official determines that such modification or repair is immediately
necessary to protect the health and safety of the public or occupants of the
nonconforming structure, or adjacent property and the cost does not exceed 1/2 of the
replacement cost of the legal nonconforming structure. However, improvements required
ATTACHMENT A
IV-51
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MC-'957
NON-CONFORMING STRUCTURES AND USES - 19.62
to reinforce non-reinforced masonry structures shall be permitted without replacement
cost limitations, provided that such retrofitting is strictly limited to compliance with
earthquake safety standards.
4. Changes to interior partitions or other nonstructural improvements and repairs may be
made to a legal nonconforming commercial, institutional, or industrial structure, provided
that the cost of the desired improvement or repair shall not exceed 1/2 of the replacement
cost of the nonconforming structure over any consecutive 5 year period.
5. The replacement cost shall be determined by the Director.
6. Any additional development of a parcel with a legal nonconforming structure will require
that all new structures be in conformance with this Development Code.
7. If the use of a nonconforming structure is discontinued for a period of 12 or more
consecutive calendar months, the structure shall lose its legal nonconforming status, and
shall be removed or altered to conform to the provisions of this Development Code. A
use of a legal nonconforming structure shall be considered discontinued when any of the
following apply:
A. The intent of the owner to discontinue use of the nonconforming structure is
apparent, as determined by the Director.
B. Where characteristic furnishings and equipment associated with the use have been
removed and not replaced with equivalent furnishings and equipment during this
time, and where normal occupancy and/or use has been discontinued for a period
of 12 or more consecutive calendar months.
C. Where there are no business receipts available for the 12 month period.
8. The following provisions shall apply to the reuse of existing nonconforming
commercial/industrial structure and/or sites.
A. Landscaping shall be upgraded and maintained in a viable growth condition and
irrigated in compliance with Section 19.28.030(10).
B. The parking lot landscaping shall be a minimum of 15% of the required parking
lot area. However, if it is physically impossible to meet the minimum
requirement, the Director may approve a reduction in the amount of landscaping
required. No landscape improvements are required in areas not visible and/or
accessible to the public.
C. Existing, required parking spaces shall not be removed to provide additional
landscaping.
D. New uses in existing structures may be entitled to a reduction of up to 25 % in the
number of required parking spaces as determined by the Director.
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MC-957
J.
19.62.030
NON-CONFORMING STRUCTURES AND USES - 19.62
E.
Existing wheel stops may remain. If re-paving of the parking lot is necessary,
existing wheel stops may be removed and re-installed following the re-paving,
provided stall dimensional requirements are met. However, no installation of new
or additional wheel stops shall occur.
F.
Installation of new concrete curbing may be required 3 feet from any walls,
fences, property lines, walkways or structures adjacent to parking areas and drive
aisles.
G.
Screening, compatible with the existing structure shall be required for mechanical
equipment pursuant to Section 19.20.030(21).
H.
A refuse enclosure shall be provided in compliance with adopted Public Works
standards.
I.
Chain link fencing not in conformance with code requirements shall be removed
by the owner/applicant prior to the establishment of the use pursuant to Section
19.20.030(8).
A nonconforming structure may be reoccupied without complying with the
building dimensional requirements pertaining to height, setbacks and/or lot
coverage. All other requirements in the Municipal Code, including but not limited
to the provisions of this Chapter, shall apply to the re-occupancy of the structure.
MC 810 10-3-91 (Amended).
K.
A nonconforming structure that has historic significance may be reused for its
original intended use regardless of the zoning designation if a Historic Resource
Evaluation Report has been prepared that confirms the historic significance
subject to the Director's determination that it is compatible with surrounding land
uses
NONCONFORMING USES
A nonconforming use is one which lawfully existed prior to the effective date of this
Development code, but which is no longer permitted in the land use district in which it is
located. The continuance of a legal nonconforming use is subject to the following:
1. Change of ownership, tenancy, or management of a nonconforming use shall not affect
its legal nonconforming status, provided that the use and intensity of use does not
change.
2. If a nonconforming use is discontinued for a period of 12 or more consecutive calendar
months, it shall lose its legal nonconforming status, and the continued use of the property
shall be required to conform with the provisions of this Development Code.
3. Additional development of any property on which a legal nonconforming use exists shall
require that all new uses conform to the provisions of this Development Code.
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NON-CONFORMING STRUCTURES AND USES - 19.62
4. If a nonconforming use is converted to a conforming use, no nonconforming use may be
resumed.
5. No nonconforming use may be established or replaced by another nonconforming use,
nor may any nonconforming use be expanded or changed, except as provided in
19.62.030(6) and 19.62.030(7).
6. A nonconforming use of a portion of a nonconforming commercial or industrial center
or complex may be established or replaced by another similar nonconforming use
pursuant to Section 19.02.070(3) if all of the following findings are made:
a. That the nonconforming use is similar to the uses originally allowed in the center
or complex;
b. That the nonconforming use will not adversely affect or be materially detrimental
to adjoining properties; and
c. That the use of the entire center or complex has not been vacant or discontinued
for a period of 12 or more calendar months.
7. An existing legal nonconforming use or legal nonconforming building may be minimally
expanded or changed subject to the granting of a Development Permit if all of the
following findings are made:
a. That such expansion or change is minimal;
b. That such expansion or change will not adversely affect or be materially
detrimental to adjoining properties;
c. That there is a need for relief or overcrowded conditions or for modernization in
order to properly operate the use; and
d. That the use is existing and has not been discontinued for a period of 12 or more
calendar months.
MC 888 1-6-94
19.62.040 ABATEMENT OF NONCONFORMING USES
Legal nonconforming uses shall be discontinued within the following specified time limits, from
the effective date of this Development Code:
1.
A nonconforming use which does not occupy a
structure
5 years
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NON-CONFORMING STRUCTURES AND USES - 19.62
3.
The nonconforming use of a conforming structure
within any residential land use district
The nonconforming use of a conforming structure
within any commercial/industrial land use district
15 years
2.
20 years
19.62.050 SfRUCTURE PERl\UTS OR CERTIFICATES OF OCCUPANCY
PROIDBITED
When any nonconforming structure or use is no longer permitted pursuant to the provisions of
this Chapter, no permit for a structure shall thereafter be issued for further continuance,
alteration, or expansion. Any permit issued in error shall not be construed as allowing the
continuation of the nonconforming structure or use.
19.62.060 REMOVAL OF ILLEGAL NONCONFORMING STRUCTURES
AND USES
Nothing contained in this Chapter shall be construed or implied so as to allow for the
continuation of illegal nonconforming structures and uses. Said structures and uses shall be
removed immediately subject to the provisions of Chapter 19.46 (Enforcement of Provisions)
and State law.
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