Loading...
HomeMy WebLinkAboutArcadia DevCode - Division 6 Nonconforming_TA 2021 (FINAL)CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND CHAPTER 1: DEVELOPMENT CODE November 2016 1 Division 6 – Nonconforming Uses, Structures, and Lots 9106.01.010 Modifications or Extensions of Legal Nonconforming Use or Structure A. A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope/area, or other portion(s) of a structure, upon the date the nonconformity was created, except as specified below. 1. The changes are, in and of themselves, in conformance with the provisions of this Development Code. 2. The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. 3. The changes are required by other laws. 4. The changes are determined, by the Director, to be small additions to legal-nonconforming single-family residential properties (including multifamily dwelling units on a single-family lot) and are subject to the approval of a Modification granted in compliance with Division 7 (Permit Processing Procedures). 5. The changes are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible. B. If the nonconforming use is discontinued, any future use of the structure(s) shall be in compliance with the provisions of this Development Code; provided, however, that all nonconforming uses of a conforming structure shall be discontinued as provided in this Division. C. No change made to any development or use shall be construed as automatically allowing an extension of any time limit for the termination of a nonconformity. D. Allowable changes to nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be replaced by another similar nonconforming use only after the Director first finds all of the following: 1. The nonconforming use is similar to or less intensive than the use originally allowed in the development; 2. The nonconforming use generally adheres to the intent of the General Plan and any applicable specific plan; 3. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and 4. The use of the entire development has not been ceased or discontinued for a period of 180 90 consecutive days or more. 9106.01.020 Discontinuance of Legal Nonconforming Uses A. Effect of Discontinuance. If any legal nonconforming use ceases to operate or is discontinued for a period of 180 90 consecutive days or more, subsequent use of the land shall be in compliance with the applicable provisions of this Development Code. Maintenance/retention of a valid City issued Business License shall of itself not be considered a continuation of the use. B. Cessation or Discontinuance Defined. A nonconforming use shall be considered ceased or discontinued when any of the following apply: 1. Cessation or discontinuance of a nonconforming use shall be deemed by the Director as an abandonment of the use, irrespective of the owner's or occupant's intent; 2. Discontinuance shall include cessation of a use regardless of intent to resume the use; CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND CHAPTER 1: DEVELOPMENT CODE 9106.03 – Nonconforming Uses 2 November 2016 3. The intent of the owner to cease or discontinue utilization of the nonconforming use is apparent, as determined by the Director; 4. Where characteristic furnishings and equipment associated with the nonconforming use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 90 consecutive days or more; or 5. Where there are no business receipts or utility payments for the 18090-day period. C. Discontinuance of Use. If the conforming use is discontinued, the nonconforming structure shall either be removed or made to comply with the regulations governing the zone in which the structure is located. CITY OF ARCADIA ZONING CODE – ARTICLE IX: DIVISION AND USE OF LAND CHAPTER 1: DEVELOPMENT CODE November 2016 3 Division 6 – Nonconforming Uses, Structures, and Lots 9106.01.030 Discontinuance of Legal Nonconforming Structures A. If Abandoned or Discontinued. If any legal nonconforming structure, except for residential structures located in single- family residential zones, is abandoned or the use thereof discontinued for a period of 180 90consecutive days or more, subsequent structural and site development shall be in full compliance with all applicable provisions of this Development Code. Maintenance of a valid City issued Business License shall of itself not be considered a continuation of the structure. B. Cessation or Discontinuance Defined. Use of a nonconforming structure shall be considered ceased or discontinued when any of the following apply: 1. Cessation or discontinued use of a nonconforming structure shall be deemed as an abandonment of the structure, irrespective of the owner's or occupant's intent; 2. Discontinuance shall include cessation of the use of a structure regardless of intent to resume the use; 3. The intent of the owner to cease or discontinue use of the nonconforming structure is apparent, as determined by the Director; 4. Where characteristic furnishings and equipment associated with the use of the structure have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been ceased or discontinued for a period of 180 90consecutive days or more; or 5. Where there are no business receipts or utility payments available for the 18090-day period. C. Properties on the Market - Exempt. Any property which is listed on the real estate market shall not be not considered abandoned or discontinued, but only if in compliance with all of the following provisions: 1. On the market for up to 180 days; and 2. The property shall be continually maintained in a proper condition subject to the approval of the Director.