HomeMy WebLinkAbout1979-10-16; City Council; 9538; CMC 21.44.020/.48.080 amend - Nonconform uses/bldgs alteration/rpr/expansion1
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ORDINANCE NO. 9538
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
THE CARLSBAD MUNICIPAL CODE BY THE
mNDMENT OF SECTIONS 21.44.020 AND 21.48.080 TO PROVIDE FOR THE ALTERATION,
REPAIR OR EXPANSION OF NONCONFORMING USES
AND BUILDINGS.
TITLE 21, CHAPTERS 21.44 AND 21.48 OF
The City Council of the City of Carlsbad, California
hereby ordains as follows:
SECTION 1: That Title 21, Chapter 21-44 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.44.020
to substitute the word "Title" for the word "Chapter" in the
first sentence of said section.
SECTION 2: That Title 21, Chapter 21.48 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.48.080
to read as follows:
"21.48.080 Alteration, Repair or expansion of nonconforming uses. (a) Except as provided in this section, a nonconforming use or building shall not be altered, improved,
reconstructed, restored, repaired, intensified, expanded or extended.
A nonconforming building destroyed to the extent of
not more than twenty-five percent of its replacement value as determined by the City Building Official at the time of its destruction by fire, explosion, or other casualty or act of God, or public enemy, may be restored and the occupancy or use of such building, or part thereof, which exists at the time of such partial destruction may continue subject to all
other provisions of this chapter.
abatement as established by this chapter.
of a nonconforming building rendered necessary by ordinary wear and tear and which does not increase the degree of nonconformity of a nonconforming building, nor increase the
degree or size of a nonconforming use may be made, provided
that:
alterations shall not exceed ten percent of the building's
replacement value at the time the building permit is applied for as determined by the City Building Official.
(b)
Such restoration shall not extend the time of
(c) Incidental reconstruction, repair or rebuilding
1. The aggregate value of such repairs or
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2, That such reconstruction, repair or rebuilding
3. Such repairs, reconstruction or rebuilding
(d) A nonconforming use or building may be altered,
complies with the provisions of Title 18 of this Code.
shall not extend the time of abatement established by this
chapter.
improved, reconstructed, restored, repaired or extended as may be permitted by the Planning Commission upon granting of the Conditional Use Permit processed according to the procedures established in Chapter 21.50 of this Code. a Conditional Use Permit may be granted all provisions of Chapter 21.50 shall be met and it shall be shown that:
improvement, reconstruction, restoration, repair or extension shall not exceed twenty-five percent of the total replacement at the time the Conditional Use Permit is applied for as determined by the City Building Official of all improvements
on the site unless the building or structure is changed to a conforming use. Such aggregate value may be increased up to
fifty percent of total replacement for those uses which
provide a public service traditionally provided by the City.
2. The proposed alteration, improvement, recon- struction, restoration, repair or extension is of a type of structure that is specifically designed to be easily removed.
3. The proposed alteration, improvement, recon- struction, restoration, repair or extension meets all construction setback, coverage, planning and all other applicable requirements of this Code. In approving such Conditional Use Permit, the
Planning Commission shall establish a date by which all nonconforming structures and uses shall be made conforming or removed from the site. In no event shall the date for such
removal or compliance extend beyond the date set according to
the provisions of this Title for abatement of the existing
nonconforming use. Extensions of said date for abatement shall
be permitted only upon approval of amendment of the Conditional
Use Permit and, then, only upon showing of good cause. A
Conditional Use Permit or amendment shall be effective only
upon execution by the applicant of written acceptance of the
Conditional Use Permit, or amendment. Such acceptance shall
include an agreement by the applicant to remove all nonconforming
uses and buildings or structures, or make them conforming,
on or before the date for removal established by the Conditional
Use Permit or amendment in exchange for permission to alter, improve, reconstruct, restore, repair or extend. The Planning Director shall cause each Conditional
Use Permit, complete with abatement date, or any amendment to the Conditional Use Permit, extending an abatement date, to be recorded at the Office of the County Recorder within five days after the issuance of the permit or amendment. Any alteration, improvement, reconstruction, restoration, repair or extension undertaken pursuant to the Conditional Use Permit shall be commenced within three months after the issuance of the permit unless an extension is granted by the Planning Commission.
Before
1. The aggregate value of the proposed alteration,
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(e) No nonconforming building, structure, or use shall
be changed to any other nonconforming use, building or
structure. 'I
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 2nd day of October I
1979 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 16th day of October 1979 by the
following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None Councilwoman Casler
ABSENT : No n e
ATTEST:
a RH,, ALETHA L. RAUTENKRANZ, City C1
(SEAL)
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