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
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L. Diane Shea, City Clerk
City of Poway