HomeMy WebLinkAbout2312
.
.
c
1
ORDINANCE NO. ;2.3 J ;J
,
,
2 AN ORDINANCE AMENDING ORDINANCE NO. 1991 KNOWN AS
"THE LAND USE ZONING ORDINANCE )F THE CITY OF SAN BERNARDINO.
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO DO ORDAIN AS FOLLOwS:
5
SECTION ONE: Ordinance No. 1991, Section 26.2, is
6 hereby amended to read as follows:
7
26.2 NECESSARY CONDITIONS BEFORE A VARIANCE MAY BE
8 GRANTED - The Commission, before it may grant a variance, must
9 make a finding in writing that in the evidence presente~ all of
10 the following conditions exist in reference to the property
11 being considered:
12
A. That there are exceptional or extraordinary cir-
13 cumstances or conditions applicable to the property involved,
14 or to the intended use of the property, which do not apply
15 generally to other property in the same zoning district and
16 neighborhood.
17
B. That such variance is necessary for the preserva-
~
18 tion and enjoyment of a substantial property right of the
19 applicant.
20
21
22
23
24
C. That the granting of the variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the zoning district and neighborhood
in which the property is located.
D. That the granting of such a variance will not be
25 materially contrary to the objectives of the Master Plan.
26
SECTION TWO: Ordinance No. 1991, Section 22.1, is
27 hereby amended to read as follows:
28
22.1 NONCONFORMING BUILDINGS:
29
30
A. Any nonconforming building may be continued and
maintained for a period representing the useful life of said
buDding as defined in this ordinance.
31
32
-1-
.
.
.
1 I
1. Class 1 or 2 construction forty (40) years (mason-
ry)
2. Class 30r 4 construction thirty (30) years (fire
resistant)
3. Class 5 construction twenty (20) years (frame)
2
3
4 These periods of time shall become operative at the
5 date this ordinance becomes effective, provided that such periods
6 of time shall become operative on, and shall be computed from,
7 September 15, 1953 when applicable to any nonconfQrming build-
8 ing and/or structure in any district except a residential
9 district.
10 This Section shall not apply to any building constructei
11 during the ten (10) years prior to the adoption of this ordinance
12 until ten (10) years after the effective date of this ordinance.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
B. A nonconforming building may be continued as
provided in Subsection A of this Section if said building is not
added to or structurally altered other than as required by law;
provided that a nonconforming building may be added to or struc-
turally altered on condition that (1) a petition approving such
addition or alteration and signed by seventy-five (75) percent
of the residents and/or owners of properties within a radius of
five hundred (500) feet of said building, is presented to the
Planning Commission, (2) evidence is presented that the addition
or alteration is reasonable and is not injurious to adjoin~ng
properties, (3) the approval of the application by the Planning
Commission is obtained after there has been compliance with the
procedures and provisions pertaining to the granting of variances
as set forth in Sections 26.3, 26.4, 26.5 26:6' a~d 26.7 of this
Ordinance, and (4) the approval of the Common Council is first
28
29
30
had and obtained.
C. Any part of a building occupied by a nonconforming
use which use is discontinued for a period of one hundred eighty
(180) days or more shall thereafter be used in conformity with"
31
32
-2-
.
.
.
1 the provisions of the district in which it is located.
2
D. The provisions of this ordinance shall not prevent
3 the reconstruction, repairing or rebuilding and the continuing
4 use of any nonconforming building or buildings damaged by fire,
5 explosion or act of God or the enemy subsequent to the effective
6 date of this ordinance, wherein the cost of such reconstruction,
7 repairing or rebuilding does not exceed fifty (50) percent of the
8 reasonable replacement value to the building immediately prior
9 to its damage.
10
E. Where the automobile parking facilities are in~
11 sufficient to meet the standards set in this ordinance, or
12 where no such parking facilities have been provided for buildings
13 constructed prior to the effective date of this ordinance, such
14 buildings .may not be altered nor may additional facilities be
15 provided within such buildings until after the requirements for
16 off~street parking shall have been satisfied for those facilities
17 added or enlarged and for not less than one hundred (100) percent
18 of those facilities in the existing building or use.
19
F. Any portion of a nonconforming building or use,
which is altered or changed to a conforming use, may not thereafte
be used for a nonconforming use.
20
21
22
I HEREBY CERTIFY that the foregoing Ordinance was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at ~~ ~eeting thereof held on
23
27
28
29
AYES ~.<<l<.~~-eu
N0ES : /11-1l-e..-.--
, 1960 by the follow~
24
25
26
the c--:;7 ..;rd
ing vote:
'Pu'..r;~~&:v
/ ABSEN;~'v';df c{l
30
~
}. / k<-e.ji if:' .-6::: ,~~
." City Gler.
31
32
~3~
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
.
.
The foregoing
{-::7/it day of
Approved as to form:
~. M 0
.. AvUh
tyt(t!ney .
FIL.E~D.
JillL2m-;
~~
.
..-
ordin~nce is hereby
(, ~
'k~ ~
iJ i
,/
approved this
, 1960.
Ma"~Y ~o
Xf~7t1-tiV