A.
Within
the zones established by this title, there exist lots, parcels, structures
or uses that were lawful before June 18, 1956, or before the adoption
of this chapter (date of adoption), but that now are prohibited or
restricted by this title. It is the intent of this chapter to provide
for the regulation of such nonconformities, and to specify the circumstances
and conditions under which they may continue to exist. Further, it
is the intent of this chapter to specify those circumstances and conditions
under which those nonconforming uses, buildings and structures that
adversely affect the maintenance, development or use and assessed
value of other property in the zoning classification in which they
are located, in order that they shall be gradually eliminated.
B.
It is
necessary and consistent with the development of property that those
nonconformities that substantially and adversely affect the orderly
development of other property in the zone not be permitted to continue
indefinitely. It is logical and reasonable that a time limit be placed
upon the continuance of such existing nonconforming uses, based upon
the nature of the use, and in the case of nonconforming buildings
and structures, upon their character, age and the investment therein.
(2758 § 2, 2009)
A.
Lawfully
Erected Building—Established Use. Any nonconforming building,
structure or use lawfully established prior to June 18, 1956, shall
be deemed lawfully erected.
B.
Nonconforming
Building or Structure. A nonconforming building or structure is any
building, structure or portion thereof, that was lawfully erected
or altered and maintained, but that, because of the application of
this title, no longer conforms to the development standards of the
zone in which it is located.
C.
Nonconforming
Lot or Parcel. A parcel or lot that was legally created prior to November
17, 1960, and is buildable for the uses permitted in the zone in which
it is located, but that, because of the application of this title,
does not meet the dimensions, area, width, depth and/or size specified
for the zone in which it is located.
D.
Nonconforming
Use. A nonconforming use is a use that was lawfully established and
maintained, but that, because of the application of this title, no
longer conforms to the use regulations of the zone in which it is
located.
(2758 § 2, 2009)
A.
Nonconforming
Lots as of November 17, 1960. Any unimproved lot or parcel that was
legally created prior to November 17, 1960, and that has not contained
structures, or uses requiring structures, and is nonconforming solely
due to lot area, street frontage, dimensions, lot width or depth may
be permitted to be developed and used as if it were a conforming lot,
upon approval of a variance application. All other requirements and
development standards of the zone in which the property is located
shall be met. The variance may be requested solely due to the nonconformities
of the lot. No new use may be developed on a lot that is nonconforming
as to access.
B.
Nonconforming
Lots Created by Adoption of this Title. Any improved lot made nonconforming
due to lot area, street frontage, dimensions, lot width or depth by
adoption of this title, or any portion thereof, shall be subject to
the provisions of this chapter. Upon removal of structures, or discontinuance
of uses, as required by this chapter, new structures may be permitted
to be developed and used, upon approval of a variance application.
However, all other requirements of the zone in which the property
is located must be met.
(2758 § 2, 2009)
A.
Building
Height and Setback. Buildings or structures that are nonconforming
as to height, or are located in such a manner that they encroach into
required yards or setbacks, shall be allowed to remain indefinitely
with such nonconformity. However, any new structures built on the
lot must conform to all standards of the zone or district in which
such structure is located.
B.
Building
Materials. Buildings that are nonconforming as to any surface material
shall be allowed to continue indefinitely with such nonconformity,
unless such material is determined to pose a safety or health risk
or violates current building and fire codes so as to pose such a risk.
C.
Parking
and Landscaping. Buildings that are nonconforming solely due to parking
and landscaping requirements shall be allowed to remain indefinitely
with such nonconformity.
(2758 § 2, 2009)
A.
Use
of Land.
1.
Any
nonconforming use of land that does not occupy or use any building
or structure that would require a building permit if it were to be
replaced may continue indefinitely, unless determination is made pursuant
to the procedure set forth in Section 9.34.090 or 9.34.130, as amended,
requiring termination of the use within a reasonable period.
2.
Any
nonconforming use that is eligible to be considered for a conditional
use permit or other special use approval under this title shall be
considered to be a nonconforming use unless and until such conditional
use permit or other such special approval is granted.
3.
Any
change, modification or expansion of any nonconforming use that is
permitted as a conditional use in a zone under the terms of this title
and occupies an otherwise conforming building or structure requiring
a site plan or use permit shall require issuance of the applicable
permit.
B.
Limits
on Other Uses. While a nonconforming use exists within the specific
area occupied by a nonconforming use, no new use may be established
thereon, even though such new use would be a conforming use.
C.
Abandonment
of Nonconforming Use. The criteria for abandonment in this section
shall apply to extinguish nonconforming use rights in the unit of
a building, building, or unimproved parcel of land to which that abandonment
applies:
1.
Voluntary
compliance with zoning ordinance standards after establishment of
a permissible nonconforming use;
2.
A
definite and regular conforming use of property over a six month period
consecutively, or intermittently for nine months within a two year
period;
3.
Vacation
for 90 days with no continuing and concurrent efforts to resume the
use during that period.
D.
Change
in Land Area or Location. A nonconforming use may not expand the land
area on which such use exists, nor shall such use change its location
to become a nonconforming use in any other zone of the City.
E.
Uses
Established Through Variance or Use Permit. Nonconforming uses established
through a variance or conditional use permit are subject to the provisions
of Title 9 of this code.
(2758 § 2, 2009)
A.
Continuance
of Nonconforming Uses. The nonconforming use of a conforming or nonconforming
building may be continued, provided:
1.
Such
nonconforming use shall not be expanded or extended into any other
portion of the building or changed to another nonconforming use.
2.
The
building in which said use is being conducted shall not be structurally
altered, enlarged in any way or in any area of the building, so as
to increase the degree of nonconformity.
3.
No
increase in intensity or scope of use is permitted that would increase
the degree of nonconformity or extend the useful life of the nonconforming
use.
4.
The
nonconforming use may not continue past any amortization period established
pursuant to provision of Title 9 of this code.
B.
Continuation
of Nonconforming Residential Structures. The following nonconforming
residential structures may be continuously maintained provided:
C.
Nonconforming
Service Stations.
1.
If
a nonconforming use in a service station is discontinued for a period
of 60 consecutive days or terminated by abatement of a nuisance, such
nonconforming use may not be reestablished, and any subsequent use
of the building, structure or place wherein such nonconforming use
was previously conducted must conform to all laws and regulations
then currently applicable to the site.
2.
Such
conforming use shall immediately cease upon revocation of any conditional
use permit therefor.
(2758 § 2, 2009)
A.
Nonconforming
Residential Property. Nonconforming residential properties may be
improved with structural alterations, additions, ordinary repairs
and maintenance work without being construed to increase the degree
of nonconformance, provided:
2.
Maintenance
work shall not include structural alterations, except those required
by law or those required to make the structure and use conform to
the standards and use regulations of the zone in which said structure
and use are located;
3.
Ordinary
repairs and the repair or replacement of nonbearing walls, fixtures,
wiring and plumbing is made without additional building square footage
being added, except as noted above;
4.
Structural
alteration, additions, ordinary repairs and maintenance work complies
with all codes, development standards and use regulations of the zone
in which the property is located.
B.
Nonconforming
Nonresidential Property. Nonconforming office, commercial, industrial
and institutional properties may be improved, repaired and maintained
without being construed to increase the degree of nonconformance,
provided:
1.
There
is no increase in square footage of the building or structure;
2.
The
repair or replacement of nonbearing walls, fixtures, wiring, and plumbing
is made without an increase in building square footage;
3.
Maintenance
work is not inclusive of structural alterations, except those required
by applicable building codes for safety and welfare, or those required
to make the structure and use conform to the development standards
and use regulations of the zone in which the building is located;
4.
Any
repairs or remodeling comply with all applicable codes and development
standards of the zone in which it is located.
(2758 § 2, 2009)
A.
Reconstruction
of a Nonconforming Structure(s) Partially Destroyed. A nonconforming
structure that is partially destroyed (partially destroyed meaning
less than 50% of the market value of the structure at the time of
its destruction) may be restored to original design and the occupancy,
or use of such building or part thereof may be continued. All construction
or repairs shall be started within one year from date of damage and
is subject to all other provisions of this chapter, provided:
B.
Reconstruction
of Nonconforming Structure More than Partially Destroyed. A nonconforming
structure that is more than partially destroyed (more than partially
destroyed meaning more than 50% of the market value of the structure
at the time of its destruction) may not be restored, and the occupancy
or use of such building(s) or part thereof may not be continued.
(2758 § 2, 2009)
Any of the following shall terminate the right to operate a
nonconforming use or to occupy or maintain a nonconforming structure,
except as otherwise provided in this chapter:
A.
Conducting
therein a use not permitted in the zone, except as provided by Section
9.34.150, continuously for 30 days, or intermittently 30 times in
a 90-day period;
B.
Substantially
increasing or enlarging the area, space or volume occupied or devoted
to such nonconforming use;
C.
Increasing
or enlarging the area, space or volume of a nonconforming structure,
a portion or the entirety of which is occupied by a nonconforming
use;
D.
Addition
to a nonconforming use of another use not permitted in the zone;
E.
Maintaining
or allowing to be conducted therein or thereon a criminal enterprise,
such as prostitution, drug dealing or usage, trafficking in stolen
property or other such felonious activities;
F.
Using
the property or structures in such a way as to unreasonably interfere
with the use and enjoyment of the adjacent property.
(2758 § 2, 2009)
A.
Except
as otherwise provided in this chapter, any sign that was legally erected
and maintained, but that does not conform with the provisions of this
chapter, shall become nonconforming.
Any sign erected contrary to and not in compliance with the
laws in effect at the time of erection shall be termed illegal, and
shall be removed within 90 days subsequent to receipt of written notice.
B.
Temporary
advertising devices that are not in conformance with this chapter
shall be removed within 30 days subsequent to the receipt of written
notice.
C.
Any
billboard erected prior to June 18, 1956, or that was lawfully erected
and maintained between June 18, 1956, and July 1, 1971, but that does
not conform with the provisions of this chapter, shall become nonconforming,
and shall be removed on or before the expiration of the time periods
specified below.
1.
Any
billboard located on any "C" zoned property shall be removed within
10 calendar years from July 1, 1971.
2.
Any
billboard located on "M" zoned property shall be removed within 15
years from July 1, 1971.
3.
Any
billboard located in or within 100 feet of any underground utility
district shall be removed as undergrounding occurs.
4.
Any
billboard located in the community center district shall be removed
as development occurs on the parcel upon which said billboard is located.
Removal shall not commence until the City requests same, and gives
a 60-day notice to do so.
5.
Any
billboard erected or maintained subsequent to June 18, 1956, that
does not have a valid permit as required by ordinance or City code,
shall be termed illegal, and shall be removed by the owner of such
billboard or the owner of the property upon which such billboard is
located, within 20 days after the date written notice is mailed to
the owner of such billboard and the owner of the property upon which
such billboard is located.
6.
Any
billboard lawfully erected or maintained prior to July 1, 1971, that
does not comply with the provisions of the Outdoor Advertising Act
contained in the Business and Professions Code of the State of California,
shall comply with all abatement provisions contained in such Act.
D.
Except
as otherwise provided in this chapter, the following signs that were
erected and maintained after May 27, 1971, that do not conform with
the provisions of this chapter, shall become nonconforming, and shall
be removed or altered to conform with the provisions of this section:
1.
Any
sign erected that did not comply with the ordinance and regulations
in effect at the time of its construction and erection or use. Such
signs shall be termed illegal;
2.
A
sign that was lawfully erected, but whose use has ceased, or the structure
upon which the display has been abandoned by its owner for a period
of at least 90 days;
3.
Any
sign whose owner seeks relocation thereof and relocates the sign;
4.
Any
sign that is temporary;
5.
Any
sign that is or may become a danger to the public, or is unsafe;
6.
Any
sign that constitutes a traffic hazard not created by an act of the
City;
7.
A
sign whose owner requests permission to remodel, excluding a change
in sign copy only, and remodels that sign, or a sign that is affected
by the construction enlargement or remodeling of a building or land
use upon which the sign is located, or a sign whose cost of construction,
enlargement or remodeling of the advertising display exceeds 50% of
the cost of reconstruction of the building;
8.
Any
sign that has been more than 50% destroyed, and the destruction is
other than facial copy replacement, and the sign cannot be repaired
within 30 days of the date of its destruction.
(2758 § 2, 2009; 2837 § 4, 2014)
The nonconforming uses and structures set out in this section shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with the adoption date of the ordinance codified in Title 9, except as provided in this chapter.
(2758 § 2, 2009)
The amortization period for a nonconforming structure in a nonconforming
zone shall be measured from the date of construction, or June 18,
1956, whichever is later, and shall be as follows (excluding nonconforming
residential structures or uses):
C.
Type
II (1-hour), II-N, IV and V. Light metal and/or wood-frame, including
buildings used for:
(2758 § 2, 2009)
A.
Two-Year
Amortization Period.
1.
Any
existing nonconforming adult use shall cease operation, or otherwise
be brought into compliance with Title 9 of the municipal code, by
not later than February 28, 1999.
2.
This
amortization period is established based upon the finding that the
existing nonconforming adult uses constitute a public nuisance because
of the secondary deleterious effects arising from these uses on the
community. These secondary effects are chronicled in the University
of California Study (McCleary and Meeher), entitled "The Relationship
between Crime and Adult Business Operations on Garden Grove Boulevard,"
dated October 23, 1991, on file in the City Clerk's office.
3.
The
City Council further finds that the secondary adverse effects from
adult uses have increased by reason of a synergism between the seven
adult uses existing along Garden Grove Boulevard. In requiring a relocation
of these nonconforming uses to other parts of the community, the increase
in crime activity among the clientele of these adult uses can be broken,
and crime thereby diminished by breaking the concentration of these
adult uses from just one part of the community.
B.
Extension
of Amortization Period.
1.
An affected party may apply for an extension of time beyond the two-year amortization period set forth in subsection A of this section.
a.
The affected landowner and/or tenant shall receive written notice
that this section has been enacted within 90 days from its effective
date. Failure of any person to receive such notice shall not affect
the validity of any amortization enforcement action taken hereunder.
b.
The application for an extension must be filed by the owner of the
business, or the property owner, by not later than 90 days prior to
the termination of the two-year amortization period.
c.
The application shall be obtained from and filed with the City. The
application shall be filled out completely and shall provide whatever
additional applicable information as may be required by the City Manager
or designee.
d.
If the application is not complete, the City Manager or designee
shall specify the manner in which the application shall be completed
within 30 days from the date of the application submittal. If the
application is not completed pursuant to the City Manager or designee's
instructions, the application shall be deemed withdrawn, and the amortization
period shall be deemed final and conclusive.
2.
Within
10 days following receipt of a fully completed application, the City
Manager shall appoint a hearing officer within 20 business days to
hear and determine whether an extension shall be granted. The hearing
officer shall then conduct a hearing on the matter within 20 days
of appointment, unless some other mutually agreeable date is set by
the parties.
3.
At
the hearing, the hearing officer shall conduct an informal administrative
hearing to receive evidence and testimony as to whether the business
has been provided a reasonable amortization period commensurate with
the investment involved. The hearing officer shall utilize a nonexclusive
set of factors in evaluating whether the amortization period provided
in this section is reasonable. These factors include, but are not
limited to, the owner's financial investment in the business prior
to the legally effective date of this section; applicable Internal
Revenue Service depreciation schedules; and remaining useful life
of the business improvements. The hearing shall be conducted as a
public meeting.
4.
The
decision of the hearing officer shall be in writing and shall be final
and binding, except that the City Council may elect to call the matter
up for review within 21 days of the hearing officer's decision. In
such event, the City Council shall utilize the same criteria for decision
making as governed the hearing officer. The hearing officer shall
render a written decision with supporting findings within 15 days
of the hearing.
5.
The
hearing of the City Council shall not be a public hearing. It shall
be restricted to testimony from the applicant and city staff, unless
otherwise opened to public comment by a vote of the City Council.
(2758 § 2, 2009)
A.
Nonconforming
Extensions. Abatement periods set by this chapter may be extended
by order of the Planning Commission on a case-by-case basis at a duly-advertised
public hearing. Any affected party, with approval of the property
owner, may apply for an extension. The extension shall be granted
if the Commission finds the private loss from removal outweighs the
public gain and, if the public gain outweighs the private loss, the
public health, safety and welfare would be adversely affected by the
retention of the structure or the use. The hearing body shall establish
the length of the extension of time. In making its findings, the Commission
shall consider the following factors:
1.
The
cost of the structure, its depreciated value, its remaining useful
life;
2.
The
length and remaining term of the lease under which it is maintained;
3.
The
harm to the public if the use or structure remains standing or continues
beyond the prescribed amortization period;
4.
The
nature of the nonconforming use and the structure in which it is conducted;
5.
The
location, and its relation to uses in the neighborhood;
6.
Depreciation
for income tax purposes;
7.
The
time period for which the building has been used;
8.
The
monopoly or advantage, if any, resulting from the prohibition of completing
new structures in the area; and,
9.
The
proportion of the individual's total business that is concerned with
the use or building targeted for abatement.
10.
The extensions may be granted on such conditions as may mitigate
the adverse effects on the neighboring uses and property and the impacts
on the general welfare.
B.
Nonconforming
Uses in Nonconforming Structures. In those cases where a nonconforming
use is located in a nonconforming structure, and the amortization
period for the use or type of use is shorter than that prescribed
for the structure or type of structure, then, a nonconforming use
may be permitted to continue or the nonconforming use may be changed
to another nonconforming use of a more restrictive nature, provided:
1.
A
conditional use permit is approved by the Planning Commission that
permits the operation of the nonconforming use until the amortization
period of the building terminates. Any nonconforming use that is to
be newly introduced onto the site requires a conditional use permit.
2.
No
extensions of the amortization period shall be given to nonconforming
uses permitted by this conditional use permit process or to nonconforming
structures housing nonconforming use for which an amortization period
has been prescribed may be permitted to continue. No extensions of
the amortization period for any use shall be construed to extend the
termination date of the structure.
(2758 § 2, 2009)
A.
In the event the City adopts an amortization period, the following procedure shall be applied to all property owners whose property, upon adoption of the ordinance codified in this chapter or any ordinance, is, or becomes, nonconforming. The intent of this procedure is to notify such property owners of the nonconforming status of their property, and the possibility that such property may be subject to amortization periods as described in Sections 9.36.120 through 9.36.150 as amended.
B.
The City shall notify a property owner by certified mail, within 60 days, that a property is, or has become, nonconforming. The City shall clarify the terms of the nonconformity and notify the property owner of any and all amortization periods that may apply. In addition, the City shall notify the property owner that it is considered a violation of law to enter into a lease agreement with a tenant after notification of nonconformity, if that lease extends beyond the amortization period stated in Sections 9.36.120 through 9.36.150 as amended.
C.
Within
30 days of the receipt of notification of the property's nonconforming
status, the property owner shall file with the City a notice stating
receipt and that he or she understands the terms of the amortization
period and the limitations on lease agreements.
D.
It shall be considered a violation of this section and Title 9 of this code for the property owner to enter knowingly into a lease with a tenant if that lease exceeds the length of any amortization period as identified to the property owner and as identified in this section. The City shall be held harmless for any violation of this section by the property owner.
(2758 § 2, 2009)
