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Home My WebLink AboutNS-1753REL: adg 1 0/1/84 ORDINANCE NO. NS-1753 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-126, 41-127, 41-681, 41-682, 41-683, 41-683.5, 41-684, 41-685 AND 41-686 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE NONCONFORMING USE AND NONCONFORMING BUILDING PROVISIONS OF THE ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 41-126 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-126. Nonconforming use. A nonconforming use is a use of land or of a building or structure which was initiated prior to July 20, 1960 or which was conducted in conformity with all applicable provisions of this chapter as they existed at the time such use was initiated, but which thereafter became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof. SECTION 2: That Section 41-681 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-127. Nonconforming building. A nonconforming building is a building, structure or other improvement or portion thereof, which was constructed or installed prior to July 20, 1960 or which was constructed or installed in conformity with all applicable provisions of this chapter as they existed at the time such building, structure or other improvement was constructed or installed, but which thereafter became nonconforming to any provision of this chapter due to the enactment or amendment of such provision or due to the acquisition by a public agency of real property through eminent domain or through a voluntary conveyance in lieu thereof. ORDINANCE NO. NS- 1753 PAGE TWO SECTION 3: That Section 41-681 of the Code is hereby amended to read as follows: Santa Ana Municipal Sec. 41-681. Adding to, enlarging or structurally altering. No nonconforming building or building occupied by a nonconforming use shall be added to or enlarged or structurally altered in any manner unless such building will thereafter con- form in every respect to the provisions of this chapter, except that structural alterations and additions may be made to non- conforming buildings occupied by residential uses and located in residential districts provided the number of dwelling units is not increased. SECTION 4: That Section 41-682 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-682. Restoration of damaged buildings. A nonconforming building or a building occupied by a nonconforming use which is damaged or partially destroyed by fire, flood, wind, earthquake, explosion or similar occurrence, may be restored and the nonconforming use continued, provided that the cost of repair or restoration does not exceed the building's fair market value prior to the date of the damage. In the repair or restoration of such building, there shall be no enlargement of such building nor any increase in the area of a nonconforming use within such building. SECTION 5: That Section 41-683 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-683. Discontinuance of nonconforming building or use. Except as provided in section 41-683.5, if a non- conforming use is discontinued, or if a nonconforming building is vacant, unused or unoccupied, for a period of twelve (12) consecutive months, any subsequent use must conform in every respect to the provisions of this chapter, and a nonconforming building may not thereafter be used or occupied until it con- forms in every respect to the provisions of this chapter. ORDINANCE NO. NS- 1753 PAGE THREE SECTION 6: That Section 41-683.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-683.5. Discontinuance of nonconforming use of building used for sale of alcoholic beverages. If a nonconforming use of a building for the sale of alcoholic beverages for either on-site or off-site consumption is discontinued for a period of six (6) consecutive months, any subsequent use of the building must conform in every respect to the provisions of this chapter. Any such use, whether primary or incidental, which does not have a required permit shall be deemed a nonconforming use within the meaning of this section. SECTION 7: That Section 41-684 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-684. Expansion of a nonconforming use. A nonconforming use of land or buildings shall not be expanded on the same or nearby property. A nonconforming use of part of a building shall not be expanded or extended into any other part of such building. SECTION 8: That Section 41-685 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-685. Change of a nonconforming use. (a) Except as provided in subsection (b) of this section, a nonconforming use may be changed to another non- conforming use if and only if the new use is unconditionally permitted in the district in which said use is situated and the new use complies with the off-street parking requirements of this chapter. (b) The conversion of a residence in any commercial or industrial district to a use permitted in that district shall conform in every respect to all requirements and conditions set forth for such new use by this chapter. ORDINANCE NO. NS- 1753 PAGE FOUR SECTION 9: That Section 41-686 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-686. Additional uses on lots of nonconforming use or building. While a nonconforming use or building exists on any lot, no other use, including, but not limited to, off-premise commercial advertising signs, shall be permitted even though such other use would otherwise be conforming. SECTION 10: 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 or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or uncon- stitutional. SECTION 11: Neither the adoption of this Ordinance nor the repeal hereby of any ordinance shall in any manner 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 such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, re- quired to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this ~9th day of November , 1984. ATTEST: leniCe C- Guy / rk of the Council COUNCILMEMBERS: Luxembourger Aye Acosta ~t Bricken Absent Griset Aye Johnson Aye McGuigan Aye Young Aye /R~W'~ Luxembourger Mayor APPROVED AS TO FORM: