§ 983.

RULES REGARDING NONCONFORMING USES AND NONCOMPLYING STRUCTURES

a.

General. The provisions of Section 180 apply to nonconforming uses and noncomplying structures in Mission Bay Use Districts which uses or structures existed lawfully at the effective date of the adoption of this Article 9, but which fail to conform to the regulations of this Article 9.

b.

Enlargements, Alterations and Reconstructions. In the Mission Bay Use Districts, a nonconforming use, and any structure occupied by such use, shall not be significantly enlarged, intensified, extended, or moved to another location, unless the result will be the elimination of the nonconforming use, except as provided in this Section 983(b). A nonconforming use, and any structure occupied by such use may be significantly enlarged, intensified, extended or expanded, provided that such enlargement, intensification, extension or expansion is approved by the Zoning Administrator under the procedures for notice and hearing applicable to variances as set forth in Section 305, including notice to the owner of the fee title to the affected property, upon a determination that such enlargement, intensification, extension or expansion is consistent with the implementation provisions of the Mission Bay Plan and will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and the Mission Bay Development Agreement. Any such enlargement, intensification, extension or expansion shall not exceed 25 feet in height and shall comply with requirements that would apply if the use in question was located within an M-1 Use District. Notwithstanding any such enlargement, intensification, extension or expansion, the provisions of Section 983(e) shall continue to apply to such nonconforming use, or structure occupied by such use, including such enlargement, intensification, extension or expansion. In addition, the provisions of Section 181(b) and (d) and Section 188 shall apply in Mission Bay Use Districts; provided, however, that, notwithstanding any restoration pursuant to Section 181(d), the provisions of Section 983(e) shall continue to apply.

c.

Changes of Use. The provisions of Section 182(a) and (b) shall apply in Mission Bay Use Districts, provided that, notwithstanding any change in use permitted under Section 182(b), the provisions of Section 983(e) shall continue to apply.

d.

Discontinuance and Abatement. The provisions of Section 183 shall apply in Mission Bay Use Districts.

e.

Termination. Nonconforming uses in Mission Bay Use Districts shall be terminated as provided in this Subsection.

1.

Purpose. The purpose of this Subsection is to provide for the gradual elimination or conversion, after a reasonable allowance of time for the amortization of investments therein, of nonconforming uses in buildings and nonconforming uses of land in order to encourage and promote the orderly and beneficial development of the land and buildings with conforming uses. This subsection is intended to apply to land and buildings whose use is at variance with the regulations of this Article, and is safeguarded against unnecessary hardship in application by provision for continuance for a minimum period of 10 years, by procedures for extension and by the requirement of notice. It is further declared that the requirement of eventual removal, or conversion to conforming use, of such buildings and land subject to the exceptions set forth, is in the public interest and is intended to promote the general welfare.

2.

Application. This subsection shall apply to nonconforming uses occupying buildings and to non-conforming uses of land whether or not an enclosed building located on the same lot is involved in such use, when such uses would not be permitted as a principal or conditional use in the Mission Bay Use District in which the use is located.

3.

Amortization Period. Every such building and use to which this Section applies may be continued in such use for at least 10 years from the effective date of this Section, and for fully enclosed warehouse buildings east of Third Street such use may continue for an additional period of at least 25 years after the expiration of the initial 10-year period, and in either case for such additional periods as may be permitted by an extension or extensions granted pursuant to Subsection (e)(4) below.

4.

Extensions. An extension of time may be granted, in accordance with the procedures for notice and hearing applicable to variances as provided in Section 305, including notice to the owner of the fee title to the affected property if the Zoning Administrator determines that either (i) special circumstances apply to any such building or use which do not apply generally to other affected buildings and uses or (ii) an extension will not impede the orderly development of Mission Bay as contemplated in the Mission Bay Plan and Mission Bay Development Agreement. In considering an application for extension of an industrial use served by a rail freight spur track, consideration shall be given to the necessity for granting an extension of such rail freight spur track use. No extension shall be for a period in excess of two years. Successive extensions, subject to the same limitations, may be granted upon new application.

5.

Removal or Alteration and Conversion. Upon the expiration of the amortization period and any extension or extensions granted pursuant to Subsection (e)(4), the use or buildings shall be completely removed or altered and converted to a conforming use provided, however, that if the termination of the use of any Public Transportation Facility requires the approval of any State or federal commission, or agency under any applicable State or federal law or regulation, the nonconforming use of such facility may continue until all such required approvals have been obtained. Nothing herein shall require the development of the minimum number of dwelling units required under Section 920, until such time as a parcel is developed in accordance with this Article 9.

6.

Notice. The Zoning Administrator shall give notice by mail of the date of expiration of the periods of permitted continuance specified herein to each owner of record within one year of the effective date of this Section. A final notice shall be given one year before said date of expiration in each instance. The notices shall set forth all pertinent provisions of this Section, including the declared purpose thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record, or where no Permit of Occupancy for a nonconforming use covered by this Section has been issued as provided in Section 171 of this Code, shall not invalidate any proceedings under this Section.

History

(Added by Ord. 63-91, App. 2/27/91; amended by Ord. 142-96, App. 4/10/96)

Download

  • Plain Text
  • JSON

Comments