Loading...
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OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA, AS FOLLOWS: SECTION 1: Section 17.80.010 of Chapter 17.80 is hereby repealed.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 -1-- 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 -2- a 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: ' 4 --- 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. 11 lid CITY CLERK; CITY OF BEAUMONT