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Ord 656 ORDINANCE NO. 656 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION 17.44.030 AND 17.44.040 OF THE POWAY MUNICIPAL CODE CONCERNING NONCONFORMING USES (Zoning Ordinance Amendment 07-01) WHEREAS, Chapter 17.44 of the Poway Municipal Code, entitled Nonconforming Uses, Structures and Performance Standards provides limits and prohibitions on uses and structures that do not conform to the City's zoning standards, and therefore are harmful or detrimental to orderly development and surrounding land uses; and WHEREAS, Section 17.44.030 governs nonconforming uses, which are uses that were lawfully established but are no longer allowed in the zone due to a change in zoning boundaries or regulations; and WHEREAS, Section 17.44.030, contains provIsions regarding nonconforming residential uses in any zone, and nonconforming commercial uses in commercial zones, but is silent regarding nonconforming commercial and industrial uses in residential zones; and WHEREAS, it has been determined that there is a need to amend Section 17.44.030 to include provisions for nonconforming commercial and industrial uses in residential zones, and to provide for when such uses must be discontinued. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it entails a clarification as to how long a nonconforming nonresidential use or structure in a residential zoning district can continue once it has been abandoned or converted to a conforming use or structure and there is no possibility this will have a significant effect on the environment. SECTION 2: Section 17.44.030 is amended as follows: A. Section 17.44.030(C), entitled Mini-warehouses and Gasoline Service Stations in Commercial Land Use Districts, is amended as follows: 17.44.030(C). Mini-warehouses and Gasoline Service Stations in Commercial Land Use Districts. Nonconforming mini-warehouses and gasoline service stations in commercial land use districts may continue to operate in the location where they were legally established subject to the following: Ordinance No. 656 Page 2 1. Such uses may maintain and install equipment and otherwise conduct routine maintenance and repair activities but may not expand. 2. Reestablishment of the use after destruction by fire, or other calamity, shall be according to the provisions established for nonconforming structures in Section 17.44.020(A). 3. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. B. Section 17.44.030(D), entitled Other Nonconforming Uses, is amended to read as follows: 17.44.030(0) Other Nonconforming Uses. Nonconforming uses other than residential uses, nonconforming commercial uses in commercial land use districts, mini-warehouses and gasoline service stations shall not be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site. 1. If the nonconforming use is discontinued a similar nonconforming use or a conforming use is permitted; however, no intervening alternative nonconforming use will be permitted. 2. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed. 3. Routine maintenance and repairs may be performed on a nonconforming use. C. A new subsection (E), entitled Nonresidential Uses and Nonresidential Structures in Residential Zones, is added to Section 17.44.030 as follows: 17.44.030(E). Nonresidential Uses and Nonresidential Structures in Residential Zones. Nonconforming nonresidential uses and nonconforming nonresidential structures in residential zones may continue to operate in the location where they were legally established, except that such a use or structure cannot continue once it is abandoned. For purposes of this section, a nonconforming use or structure will be deemed abandoned in the following circumstances: 1. When the use or the structure is converted to a conforming use or structure, or 2. When the use or the use of the structure is discontinued for a period of one hundred eighty (180) days or more. SECTION 3: This Ordinance shall be codified. Ordinance No. 656 Page 3 EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held this 24th day of April 2007 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 8th day of May 2007. ATTEST: Qn~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 656, was duly adopted by the City Council at a meeting of said City Council held on the 8th day of -May.., 2007, and that it was so adopted by the following vote: AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: NONE DISQUALIFIED: NONE ~~.~ L. Diane Shea, City Clerk City of Poway