75A - PH ZONING ORD AMENDMENT - Laserfiche WebLink

Home Browse Search

1.0 -Applicability of Code, coni'd Sec 41-2002. Nonconforming buildings, structures and uses (a) A rionconforming building, structure or use shall comply with Article VI as modified as follows: (1) A Wilding or structure that does not conform to the architectural style or story height requirements at the time of the adoption of this Article shall not cause the structure to be nonconforming. (2) Sections 41681.1 through 41681A shall not apply to this Article. (3) Rehabilitation, enlargement or exterior structural alterations of any noncon- forming structure or structure occupled by a nonconforming use except for structures Occupied by single family and two-famly dweifnga, may be rehabilitated as follows: a. Rehabiliubonlimitedtoshucturalornomswct nlaltemtions without any building expansion Is permitted if.. 1. All dgnage on the structure and the site on which it is located shall be brought into conformity with the ssgnage requirements of this Chapter. 2. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet in heighL Outdoorstorage shall notexceed the height of the screen wall 3. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter. 4. Architectural massing, features and detailing shall be modified to bring the structure Into closer compliance with the architectural standards of this code, as deemed appropriate by the Executive Director of the Planning and Building Agency, or their designee. b. Rehabilitation may Include expansion when the total floor area of all expansion occurring in any five-year period does not exceed ten (10) percent of the floor area as it existed at the beginning of the five years, Provided that the following conditions are met I. All ssgnage on the structure and the site on which it is located shall be brought Into conformity with the requirements of this chapter. 2. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. 3. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet in height Outdoor storage shall not exceed the height of the screen wall 4. There shall be no enlargement which would intrude Into any required yard S. There shall be no enlargement which would result in a new noncon. formity with the requirements of this Chapter. 8. Off-street parking shall be provided in conformance with the requirements of this Chapter. 7. landscaping shall be Improved to bring the site on which the struc- ture Is located Into closer compliance with the landscaping require. ments of this Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. 8. Architectural massing, features and detailing, shall be modified to bring the structure Into closer compliance with the archltectural standards of this Chapter, as deemed appropriate by the Executive Director of Manning and Building Agency, or their designee. (4) Rehabilitation, enlargement or exterior structural alterations of buildings occupied by single family and two-family dwellings Is permitted subject to the following: a. Structural alterations and additions may be made where the total floor area of all such expansions Occurring in a five-year period does not exceed forty (40) percent of the Floor space of the building as h existed at the beginning of said time, provided the number of dwelling units is not Increased; and no new non -Conformances with the requirements of this code are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which Involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met 1. Off-street parking shall be provided in conformance with the require. ments of this Chapter. 2. No new nonconformhies with the requirements of this Chapter are created. 3. A minimum ofeight hundred(800) square feet of usable, continuous, non{ront yard openspace, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet by fifteen (15) feet shall be deemed continuous open space. c Where rehabilitation of a building Involves more than fifty (50) percent ofa building wall which encroaches Into a front or side yard setback and Is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wag shall conform to all provisions of this Chapter. d. An existing two<ar gauge with a minimum dimension ofeighteen(18) feet by eighteen (18) feet exterior dimension shall be considered con. forming. e Remodel shall mean toreconstroctorto make overin structumorstyle, but shall exclude re -roof, window replacement exterior finish replace- ment and repair or similar modifications. Sec 41.2003. Affordable Housing Development Incentives. Any affordable housing proje¢ may use any or all of the following Incentives Pursuant to an Affordability Covenant Permit (a) Parking Design Incentive: Allows for tandem parking not to exceed 30 per. cent of the required parking per residential unit (b) Private Open Space Incentive: For purposes of meeting the private open space requirement the private open space incentive allows for encroach ment Into required front or side setbacks for porches that project from the main building facade up to 50 percent of the required setback, provided that the remaining setback area is not less than 5 feet (c) Density Bonus Incentive: The state density bonus law, (California Government Code sections 65915 through 6S918, as it may be amended from rime to time) allows developers who guarantee thata portion of their residential development will be available to low Income, very Iow4ncome or senior households to construct additional units beyond that permitted by the general plan land use element This Specific Development does not place a Emit on the numberof units allowed provided that the project com- piles with the specified limitations on height setback% Roe, area open space, massing and otherzcning regulations. a. For purposes of this section, the maximum density allowed slag be based on the highest number of the density range shown on table BT-1. b. All requests for density bonus shag follow the procedures and regulations established by Article )(VLL TRANSIT ZONING CODE 1:4 SPECIFIC DEVELOPMENT 84 7 5A-1 8 City of Santa Ana- California