Ord 262ORDINANCE NO. 262
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AMENDING SECTIONS 17.44.030 AND 17.44.080
OF TITLE 17 (ZONING DEVELOPMENT CODE)
OF THE POWAY MUNICIPAL CODE
NONCONFORMING USES, STRUCTURES, SCREENING, AND
PERFORMANCE STANDARDS
WHEREAS, the City council periodically finds it necessary to
amend Title 17 (Zoning Development Code) of its Municipal Code to
respond to changing conditions in the City; and
WHEREAS, the City Council held a duly advertised public hearing
to provide interested parties the opportunity to address the pro-
posed amendment.
NOW, THEREFORE, BE IT ORDAINED that the City Council does
hereby adopt the following amendment as part of Title 17 (Zoning
Development Code) of the Poway Municipal Code.
Section 1: Amendments to Chapter 17 of the Municipal Code is
hereby established and shall read as follows by a dashed underline
for additions and a strikeout for deletions. The amended sections
of Chapter 17 are 17.44.030 and 17.44.080.
17.44.030 DISCONTINUATION OF NONCONFORMING USE
Whenever a nonconforming use has been discontinued or changed to a
conforming use for a continuous period of one hundred-eighty (180)
al da d ys - fo ing
c en r a or more, ~ noncon r~ ~== ~.~ not
, it shall be unlawful to re-establish the nonconfor-
m~n~ ~s~, and the use of the structure or site thereafter shall be
in conformity with the regulations for the zone in which it is
located. Discontinuation shall include cessation of a use
regardless of intent to resume the use, unless the Director of
Planning Services is notified in writing of the intent to resume
and has approved a schedule for resumption of said use.
17.44.080 ELIMINATION OF NONCONFORMING USES AND STRUCTURES
Except, as permitted in Section 17.44.090 (Exceptions to Provisions
for Elimination of Nonconforming Uses), and Section 17.44.050
(Change to Another Nonconforming Use), nonconforming uses, and
structures, shall be discontinued and removed from their sites,
altered to conform, or altered as prescribed to decrease the degree
of nonconformity, within the specified time after they become non-
conforming, and it shall be unlawful to continue any_use in
violation of City ordinances.
Ordinance No. 262
Page 2
A. Uses
3.
~n_a~y_zRn~,_prior to the lawful commencement or main-
tenance of any use in addition to the nonconformin~ use;
~h~ Ro~cRn~or_m!n~ use shall be discontinued.
Section 2: The City Council of the City of Poway hereby finds
that this amendment will not cause significant adverse impacts on
the environment and issues a Negative Declaration.
Section 3: The City Council of the City of Poway hereby finds
that this amendment is consistent with the General Plan and the
intent and purpose of the Zoning Development Code.
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 and members voting for and against
the same in the Poway News Chieftain, a newspaper of general cir-
culation published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 26th day of April, 1988, and
thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the 10th day of May, 1988 by the following roll call
vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
HIGGINSON, KRUSE, TARZY
NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS:
EMERY , BRANNON
Robert C. Emery,~yor
Mar~or~ K/. W~hlS%en, ~it~Clerk
0/0-4-26.1-2