HomeMy Public PortalAboutOrdinance 658ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE (:ITY
OF BEAUMONT REPEALING SECTION 17.80.010 Or THE
BEAUMONT MUNICIPAL CODE AND ADDING
SECTION 17.80.010, DEALING WITH NON -CONFORMING USES
AND MODIFYING SECTION 17.60.200
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
SECTION 1: Section 17.80.010 of Chapter 17.80 is hereby
repealed.
SECTION 2: Section 17.80.010 of Chapter 17.80 is added to
read as follows:
17.80.010. The following provisions shall apply to all
non -conforming uses and structures:
A. This Section shall apply to uses and structures which
were non -conforming under Ordinances 460, 490, and/or 590 or
which become non -conforming due to reclassification under other
sections of this Title 17. Uses and structures wh_ch came into
existence without conforming to the requirements of this Title 17
or any previous land use ordinance in effect at the time the use
came into existence are considered a public nuisance and Chapter
17.100 shall apply.
B. Any non -conforming structure or use may be continued and
maintained for the period of time hereinafter set :':orth, provided
there are no structural alterations except as hereLnafter
allowed. Agricultural crops are not subject to the provisions of
this Section; agricultural uses that involve permanent structures
are subject to this Section. However, such uses shall be
permitted to make any changes or improvements that are required
by any City, County, or State Law, including structural
alterations that are necessary as a part thereof.
A non -conforming structure or use may be maintained for
the following periods of time:
1. Where the property is unimproved, 1 year.
2. Where the only improvements are structures
(including fences), the replacement of which would not require a
building permit, 3 years.
3. Signs and outdoor advertising, up to 5 years per
Section 17.60.200.
4. General commercial structures and uses, such as
those primarily permitted in C Zones, 20 years.
5. General manufacturing structures and .uses, such as
those primarily permitted in M Zones, 20 years.
6. General commercial and manufacturing structures and
uses in open space and residential zones, 5 years.
7. Residential structures and uses which are
non -conforming have no time limit but are subject to the other
provisions of this Title 17.
8. Commercial agricultural operations:
a. Dairy farms
b. Goat, sheep and other small
animal farms
c. Hog ranches
d. Horse ranches
e. Menageries
f. Pen fed cattle operations
g. Poultry
h. Rabbits
9. Non-commercial agricultural operations:
a. Goats, sheep and other small
animals
b. Hogs
c. Horses and cattle
d. Menageries
e. Poultry
f. Rabbits
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20 years;
10 years;
10 years;
20 years;
5 years;
20 years;
20 years;
10 years.
3 years;
3 years;
3 years;
3 years;
3 years;
3 years.
C. Any part of a structure or land occupied ty a
non -conforming use which is changed to or replaced by a use that
conforms to the provisions of this Title 17 as they apply to the
particular zone shall not thereafter be used or occupied by a
non -conforming use.
D. Any part of a structure or land occupied ty a
non -conforming use, which use is discontinued for cne (1) year or
more, shall thereafter be used in conformity with the provisions
of this Ordinance and the non -conforming right shall be lost.
E. Any structure for which a building permit has been
legally issued, and on which substantial construction has been
performed on the site before an amendment to this Title 17 making
the use non -conforming, may nevertheless be contint.ed and
completed in accordance with the plans and specifications upon
which the permit was issued.
F. The provisions of this Section shall not prevent the
reconstruction, repairing or rebuilding in the same, configuration
and continued use of any non -conforming structure that is damaged
or destroyed by fire, explosion or acts of God; provided a
building permit is obtained and repairs are commenced within one
(1) year after said damage or destruction. If such permit and
construction are not commenced within one (1) year, then the
right to continue the non -conforming use shall terminate, and the
use of the property must thereafter conform to the provisions of
this Chapter for the zone in which it is located.
G. The alteration and/or expansion and continued use of any
non -conforming structure requiring building permits may be
permitted subject to the granting of a conditional use permit.
The conditional use permit for alteration and/or e::pansion may be
granted if all of the following conditions do exist::
1. Such alteration and/or expansion and continued use
of any non -conforming structure will protect a variable property
investment;
2. Such alteration and/or expansion and continued use
of any non -conforming structure will not adversely affect or be
materially detrimental to the adjoining properties;
3. That there is a need for relief of ovrcrowded
conditions or for modernization in order to properLy operate the
use and protect valuable property rights.
H. The provisions of this Section apply to s•:ructures and
uses which become non -conforming by reason of the ,adoption of
this Section or of any amendment to this Title 17, as of the
effective date of such adoption or amendment. No lse shall be
deemed to have become non -conforming by virtue of lecreased lot
size resulting solely from the acquisition of any ?ortion of the
lot for public road or storm or drainage channel plrposes or the
adoption of any specific plan for such purpose.
I. While a non -conforming structure or use exists on any
lot, no new use may be established thereon, even tzough such
other use would be a conforming use, except that a conforming
structure and use may replace the non -conforming structure and/or
use at any time.
Section 3: That the Abatement Schedule as contained in
Section 17.60.200 of the Beaumont Municipal Code be deleted and
new Abatement Schedule be added thereto to read as follows:
ABATEMENT SCHEDULE:
Value of Sign
$ 100.00 or less
100.01 to 200.00
200.01 to 400.00
400.01 to 650.00
650.01 to 1,000.00
1,000.01 to 1,500.00
1,500.01 or more
Section 4: This
law.
Ordinance
Period for Removal
90 days
6 months
1 year
2 years
3 years
4 years
5 years
shall take effect as provided by
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PASSED AND ADOPTED on this 22nd day of Febrwxy _, 1988,
upon the following roll call vote.
AYES:
NOES:
Council Member Bauer, Connors, Shaw, Waller and Mayor
Partain.
None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
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4114
M'/OR OF THE CITY OF BEAUMONT
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of
Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was
introduced at a regular meeting of the City Council of said City
held on February R , 1988, and was duly adopted upon second
reading on February 22 , 1988, upon the following roll call
vote:
AYES: Council Member Bauer, Connors, Shaw , Wa_ler and Mayor
Partain.
NOES: None.
ABSTAIN: None.
ABSENT:
None.
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CITY CLERK; CITY OF BEAUMONT