HomeMy WebLinkAboutCC ORD 1979-1672 Amends §§ 18.108.040 and 18.108.060, nonconforming uses (Repealed by 1925)1672
ORDINANCE NO. 1672
AN ORDINANCE AMENDING
THE NATIONAL CITY
MUNICIPAL CODE TO
PROVIDE THEREIN FOR THE
RECONSTRUCTION OF
RESIDENTIAL BUILDINGS
THAT HAVE BEEN
DESTROYED BY FIRE OR
OTHER NATURAL DISASTERS
BE IT ORDAINED by the City
Council of the City of National
City, California, as follows:
SECTION 1. Section 18.108.040
of the National City Municipal
Code is amended to read as
follows:
"18.108.040. Partially destroyed
structures.
"A. A nonconforming building
or structure which is damaged or
partially destroyed by fire, ex-
plosion, or natural disaster to the
extent of not more than one-half
the replacement cost prior to the
damage may be restored and the
occupancy or use of such struc-
ture or part thereof existing at the
time of such partial destruction
may be continued or resumed
provided:
"1. Such restoration is of an
equal or lesser degree of non -
conform ity;
"2. The total cost of such
restoration does not exceed one-
half the replacement cost of the
structure at the time of such
damage (the replacement cost
will be calculated by the
Department of Building and
Housing);
"3. Such restoration is started
within a period of one year and is
carried out diligently to com-
pletion.
"4. Such damage or destruction
is not intentionally caused by the
owner.
"B. In the event such damage
or destruction exceeds one-half
the replacement cost of such
nonconforming structure, it shall
not be reconstructed except in
conformity with all use and zone
regulations for new structures in
the zone in which it is located (for
exceptions see Section
18.108.060)."
SECTION 2. Section 18.108.060
of the National City Municipal
Code is amended to read as
follows:
"18.108.060 Nonconforming uses
in commercial and industrial
zones.
"A. Schools, . residential and
commercial usages in the com-
mercial and industrial zones and
residential usages in the
residential zones which become
non -conforming at the time of the
adoption of the National City
Land Use Code may be continued,
structurally altered, extended or
enlarged, provided said
alteration, extension or
enlargement conforms with all
other provisions of this title, and
further provided that said ex-
tension, alteration or
enlargement shall not be ex-
tended to additional property
beyond the parcel(s) upon which
the nonconforming use exists.
"B. Schools, residential and
commercial usages in the
commercial and industrial zones
and residential uses in the
residential zones which became
nonconforming at the time of
adoption of the National City
Land Use Code, damaged or
destroyed to any degree, up to
one -hundred percent, by fire, act
of God, act of public enemy, or
demolished as an unsafe struc-
ture by order of the Department
of Building and Housing may be
reconstructed subject to con-
formance with all other
provisions of this title, but shall
not be extended to additiona
property beyond the parcel(s)
upon which the nonconforming
use exists. Said reconstruction
may be commenced only by the
owner at the time of the
destruction and only within one
year from the date of destr
tion."
PASSED AND ADOPTED
13th day of March,1979.
Kile Morgan
MAYOR
ATTEST: lone Campbell
CITY CLERK
Passed and adopted by the
Council of the City of National
City, California, on March 13, 1979
by the following vote, to -wit:
Ayes: Councilmen Camacho,
Della, Van Deventer, Waters,
Morgan.
Nays: Councilmen None.
Absent: Councilmen None.
Abstain: Councilmen None.
AUTHENTICATED BY:
KILE MORGAN
Mayor of the City of
National City, California
IONE CAMPBELL
City Clerk of the City of
National City, California
I HEREBY CERTIFY that the
foregoing ordinance was not
finally adopted until seven
calendar days had elapsed be-
tween the day of its introduction
and the day of its tinal passage, to
wit, on March 6, 1979 and on
March 13, 1979.
I FURTHER CERTIFY THAT
said ordinance was read in full
prior to its final passage or that
the reading of said ordinance in
full was dispensed with by a vote
of not less than a majority of the
members elected to the Council,
and that there was available for
the consideration of each member
of the Council and the public prior
to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the
above and foregoing is a full, true
and correct copy of ORDINANCE
N¢.J472 of the City of National
se and adopte the
id City o 13,
(Seal) f lone Camp eb
City Clerk of the City 6f
National City, California
NC 06817 3/22/79
ND I
H REBY CERTIFY that
as been %ish
ing to law.
al) City Clerk of the City
National City, California