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Home My WebLink AboutOrdinance #2879 ORDINANCE NO. 2879 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 971 AND ADDING THERETO ARTICLE 965 ENTITLED "NONCONFORMING PROVISIONS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Article 971 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding new Article 965. S. 9650 GENERAL PROVISIONS The following article shall apply whenever structures, parcels, or uses are nonconforming pursuant to the definitions of this code. These regulations are adopted for the purpose of protecting the public health, safety, and welfare. (a ) Except as provided for in this article, a nonconforming structure or use shall not be enlarged, increased or intensified. If any such use ceases, the subsequent use of such land, structure or building site shall be in conformance with the regulations specified by this code. A nonconforming use shall not be resumed, reestablished, or reopened after it has been abandoned, discontinued or changed to a conforming use. A nonconforming use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to exist for a period of six ( 6) months . (b) A nonconforming use which is not housed in any structure, but occupies a lot or portion of a lot shall not be enlarged or extended to any other portion of the lot or any other lot not so occupied at the time the use was classified as nonconforming. (c) A nonconforming use occupying either a conforming structure or nonconforming structure or portion thereof, shall not be extended to any portion of the structure not so occupied at the time the use was classified as nonconforming. (d) A nonconforming structure used for a nonconforming use shall not be moved unless by so doing the structure and the use will conform to all applicable provisions of Division 9. 1 . S. 9651 DESTRUCTION OF A NONCONFORMING STRUCTURE OR USE These provisions shall govern reconstruction of the nonconforming structures and/or uses listed below after such structure or use is destroyed by fire, explosion, act of nature or act of the public enemy by the percentage of value specified. NONCONFORMING PERCENT OF VALUE DESCRIPTION DESTROYED PROVISIONS Nonconforming Up to 50% May be completely structures rebuilt (Residential ) More than 50% Projects with up to ten units may be completely rebuilt . Projects over ten units may be completely rebuilt subject to conditional use permit approval by Planning Commission, provided current requirements for setbacks and parking are met Nonconforming Up to 50% May be completely Structures rebuilt (Commercial ) and Nonconforming Uses More than 50% All current applicable (Residential or provisions shall be Commercial ) met Notes: 1 . Value of a use or structure destroyed shall be determined by its replacement value according to valuation figures in use by the Director of Development Services at the time such destruction occurred. 2. "Completely rebuilt" is defined as rebuilding the nonconforming structure or use as it had legally existed immediately prior to its destruction. 2 . S. 9652 ALTERATIONS TO A NONCONFORMING STRUCTURE OR USE. (a ) Interior alterations and/or repairs may be made which do not enlarge the square footage or increase the height of a nonconforming structure. Reroofing for health and safety purposes may also be permitted under this subsection. (b) Nonconforming structures shall not be enlarged or altered on the exterior in any manner unless : ( 1 ) the provisions contained in subsection (c ) apply; or ( 2) all aspects of the existing structure and the proposed addition are made to conform to applicable provisions of Division 9; or ( 3) the Planning Commission permits such alteration subject to approval of a conditional use permit and conformance with the following conditions : (1 ) That, in the opinion of the Commission, the alteration is necessary to secure added safety or reduce the fire hazard and/or to improve the aesthetic appearance of the structure 's architecture by bringing the design into greater conformance with the surrounding neighborhood. ( 2) That the alteration or addition shall not increase the number of stories . ( 3) That regardless of any or all alterations, enlargements , or additions, the floor area shall not exceed more than ten percent (10% ) of the floor area the structure contained at the time the structure was classified as nonconforming. ( 4 ) That a set of plans covering the proposed construction, alteration, or addition shall be submitted to the Commission for approval as to location, design, color, and general architecture; and any work so represented shall be completed in accordance with the approved plan; and no permit for such work shall be issued until the plan has been approved . (c ) Subject to use permit approval by the Board of Zoning Adjustments, existing structures which are nonconforming only because of setback requirements may be altered or enlarged provided that the alteration or enlargement is in conformance to applicable provisions of Division 9. Additions determined by the Director to be minor in nature may be constructed at the existing yard setbacks if such setbacks were legally established. S . 9653 EXCEPTION. Specific provisions of this article shall not apply if separately addressed in an adopted specific plan. 3. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portions thereof, and amendments thereto, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional . NO FURTHER TEXT ON THIS PAGE 4 . SECTION 4. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any mariner affect the prosecution for violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license or penalty of the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect . SECTION 5. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November , 1986. Mayor ATTEST: AP AS PROV ORM: 7 6�2L��iy Clerk City Attorney REVI AND APPR ED: I ATED AND APPRO 001 City A istratObr Director o-T D 1 m t Services 5 . Ord. No. 2879 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of November 19 86 , and was again read to said City Council at a regular meeting thereof held on the 17th day of November 19 86 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, macAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex•officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach independent on 1 .�....... In accordance with the City Charter of sa i ';;ty. ALICIA M. WENTWORTH .......................................................,..... . _I/�'.....�.�.-• City Clem • Deputy City Clerk