HomeMy WebLinkAboutOrd 0762ORDI dANCT NO.
AN ORDINANC7 iUMDING DIVISI0N33, 4 AND 7, ARTICIT 50, PART X,OF
Ilii LURII_%GiW.T ORDINA1CT COD7� A -ND PRDVIDING PROCTDUR73 FDR TFT
RT'CLA33IFICATION 'DF LAND AND FOR Mlle GRANT OF VARIANCES
Me City Council of the City of Burlingame does ordain as follows-
S,C'CION I. Division 39 Article 50, Part X, of the Burlingame
Ordinance Code is hereby amended to read as follows:
"DIVI3T_ON 3 PROCEDURr
Section 1906 Application for Reclassification
Upon application of any property owner, or on the initiative of
the Commission or the Council, land within the city may be classified
within a district., or reclassified from one district to another, in the
manner provided in this division.
Applications by propa'cy owners shall be in writing upon such
forms, and accompanied by such data, as may be prescribed by the Commission,
so as to assure the fullest practicable presentation of facts for the
record, and shall be addressed to the Commission and the Council. The
application shall contain a description of the land sufficient for ident-
ification, a designation of the existing classification, and the change
in classification sought. The application shall be signed by the owner
or owners of the land.
The application shall be filed with the City Clerk who shall en-
dorse such application as filed, fix a time and place of hearing such
application., and notify the Commission of the filing of the application
and of the date set for hearing.
Section 1907 Notice to Property Owners
At least ten (10) days prior to the date set for such hearing,
the City Clerk shall cause a notice thereof to be published one time in
a newspaper of general circulation published in the City of Burlingame
setting forth the time and place of such hearing, a description of the
land sufficient for identification, a designation of the existing class-
ification, and a designation of the classification for which application
has been made.
At least ten (10) days prior to the date set for the hearing,
the City Clerk shall also cause a notice thereof to be given by mail to
the applicant and to each owner of property, as such ownership is shown
upon the last equalized assessment roll for taxes in the city, which lies
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within a radius of 500 feet fro:n the property for which a change in. class-
ification is sought. The notice shall give the date, time and place of
hearing, the name of applicant, the description of the land, the change
sought, and such facts as may be prescribed from time to time by the
Commission.
Th.e failure of the City Clerk to mai- or the failure of such
addressees to receive such notice shall not affect the validity of such
proceedings, provided such failure shall have occurred in good faith.
Section 1908 hearings by Commission and Council
At the time set for hearing, or at any time to which the same :may
be continued, the Conmission shall hear all interested. parties. Thereafter,
the Co:mnission shall prepare a summary of the hearing and a report of its
findings. The action of the Commission shall be by resolution setting
forth its recommendation to the Council. The affirmative vote of a
majority of the voting members atill be required to adopt such resolution.
The recommendation of the Planning Commission, including a copy
of any recommended amendment to the Ordinance Code, shall thereupon be
filed with the City Clerk who shall refer the matter to the City Council
which small set a date for hearing. At least ten (10) days prior to such
nearing, the City Clerk shall cause notice thereof to be published one time
in a newspaper of general circulation published in the City of Burlingame
setting forth the time and place of such hearing.
Classification or reclassifications of land shall be accomplished
by ordinance.
Section 1909 Application for Variance or Special. Permit
Applications may be made for variances or special permits by the
owner of land or by any person having an interest therein, in the manner
provided in this Article.
Applications shall be in writing upon such forms, and accompanied
by such data, as may be prescribed by the Commission, so as to assure ti:e
fuliest practicable presentation of facts for the record. The application
shall contain a description of the land sufficient for identification,
a designation of the existing classification, and the relief sought. The
application shall be signed by the applicant.
The application shall be filed with the City Clerk who shall en-
dorse such application as filed, fix a time and place of hearing such
application, and notify the Commission of the filing of the application
and of the date set for hearing.
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"ection 1910 SoLice to Property Owners
46,, l-vj days p1'1ot' Lo l.he date set for' ttic rte a='1.=i ,� Liie
City Clerk shall cause a notice thereof to be given by mail to the
applicant and to each owner of property, as such ownership is shown upon
the last equalized assessment roll for taxes in the city, which lies with-
in a rsdiu5 of 5-00 feet from the property for which the variance or
special perri.it is sought. The notice shall give the date, time and place
of hearing, the name of the applicant, a. description of the property, the
relief sought, and such facts as may be prescribed from Lime to time by
the Commission.
Phe failure of the City Clerk to mail or the failure of such
addressees to receive such notice shall not affect the validity of such
proceedings, provided such failure shall have occurred in good faith.
Section 1911 fiearing by Commission
At the time set for hearing, or at any time to which the
same may be continued, the Com.nission shall hear all parties interested
therein. The Co.ami.ssion ,aay grant or deny the application, or grant the
application subject to such restrictions or conditions as it may deem
advisable and such variance shall run with the land or to the person as
may be ordered.
Section 1912 Suspension of Order Pending Appeal
The determination and order of the Commission shall become final
and conclusive upon the adjournment of the City Council at its next
succeeding regular meeting if no appeal be filed. During the period
between the action of the Commission and the adjournment of the next
succeeding regular meeting of the Council, any person may appeal such
action to Lhe City Council. Such appeal shall be in writing and shall
be filed with the City Clerk. During the same period., the Council, on
its own motion, may suspend the order of the Commission for the purpose
:)f r>viewing the action of the Conmission.
ca 1913 Review -by the Courcil
i:t ins next regular meeting following the appeal or the suspension
by the Council, or at any meeting thereafter to which the matter may be
continued, the Council shall conduct a hearing thereon. After having
held such hearing, the Council shall make and file its order determining
the :natter and may approve, disapprove or modify the order of the Commission.
Phe determination and order of the Commission, or if appeal or
review is had unaer the foregoing provisions, the determination and
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order of the Council, is final and conclusive upon the applicant. No
sane or similar application with reference to the same premises shall be
filed for r4-1 ^' sear fret,i the date of tine order,. In the event
that the applicant shall have withdrawn, prior to the final action, any
appli,ation filed under the provisions of this Division, such applicant
is hereby prohi'aited from filing a new application for the same, or
.impar, purpozes .for a period of one year.
Section 1914 Similar Methods for All Ilearings
Whenever in this Article hearings on any matter before the
Commission, or Council, or both, are required, and it is not specified
that applications or notices of hearings be dispensed with, and no other
procedure is specified, the applications shall be substantially in the
form, and shall be set for hearing and noticed, in the manner prescribed
in this Division for applications for variances and special permits.
Section 1915 Recording by City Clerk
the City Clerk shall keep and maintain a record of all recommenda-
tions of the Planning Commission and of all orders _wade by the Planning
Co:nmision or City Council.
Section 1916 Subpoenas by Commission and Council
rhe Commission and Council shall both have the power to issue
subpoenas for, and to require, the attendance of witnesses and the
production of records and documents, and to ad.ninister oaths.
Section 1917 Basis of Interpretation
In interpreting and applying the provisions of this Article, they
shall be held to be the minimum requirements for the promotion of the
public health, safety, morals and general welfare. Where this Article
imposes a greater restriction upon the use of buildings or land, or upon
the height of buildings, or requires larger open spaces than are imposed
or required by other provisions of this ordinance Code or other rules
or regulations, or by easements, covenants or agreements, Ue })ros>i.sions
:,,f trii s Article slial.l control.
Section 1917Unlawful to Use Property Until Authorization Granted
It shall be unlawful for any person to use any land or building
for any purpose requiring the granting of a variance or the issuance of a
special permit unless such variance has been granted or such special
permit has been issued.
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Section 19172 .Gime Limit for Exercise of Variance or Use Permit
In all cases whare a use is conditioned upon the granting of a
variance or the issuance of a special permit, such use shall be commenced
within a period of one year from the date of the granting of the variance
or the issuance of the special per:ait, and in the event that such use
shall not have beer. so c3m,nenced within such period, such variance or
permit shall become null and void.
The Co:n:nission is hereby authorized 'to grant an extension, or
extensions, for a period not exceeding one year upon application."
S4'CTI7N 2. Division 4, Article 50, Part X, of the Burlingame
Ordinance Code is hereby amended to read as follows:
"DIVISION 4 PER -:ITS AI'dD LICENSES
Section 1918 Per:sit Required Before Work Started
Before commencing any work pertaining to the erection, construc-
tion, reconstruction, -noving, conversion, or alterations of any building,
or any addition to a building, a permit shall be secured from the
building official by the owner or his agent for the work, and it shall
be unlawful to coai:aence any work unless such permit shall have been
obtained.
each application for such building permit shall be made on a
for.a to be furnished by the building official and shall contain accurate
information as to dimensions, size and location of the lot, the size and
location of the building on the lot, the dimensions of all yards and open
spaces, and such other information as may be necessary for the enforcement
of the building and zoning regulations. A lot or plot plan drawn to
scale shall also accompany each such application, except on alterations
to existing buildings where no change is made in external walls which
increases lot coverage.
Where complete and accurate information is not readily available
fro,, existing records, the building official may require the a,:p.licant
.1 1rn.s:,a si.. e'e, of the lot or parcel of land prepared by a licensed
surveyor or civil engineer. A careful record of the original application
shall be kept in the office of the building official.
Section 1919 Occupation or Use of Building Without License or Peru -;it
No building shall be occupied or used unless a permit or license
.for such use, where required, shall have first been obtained fro;a the
departaent or person vested with the authority to issue such permit or
license. 'v'o such license or permit for buildings, uses, or purposes shall
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be issued where the sane would be in conflict. with the purposes of this
ordinance Code. Ariy such license or per.ait, if issued in conflict with
these provisions, shall be null and void.
till departments, officials, and public employees, vested with Lhe
duty or aut..ority to issue licenses, per:uits, or certificates of occupancy;
where required by law, shall observe the provisions of this )rdinance Gide.
Section 1920 Application to All L-uildings or Lands
the provisions of this Article shall apply to all buildings,
improvements, lots and premises, owned, leased, operated or controlled by
the city or any department thereof, or by any other municipal or quasi-
municipal or public corporation or governmental agency; provided, however,
that uses of all buildings and property engaged in the performance of a
public function may be permitted in any zone or district herein described,
provided such use is, in the opinion of the Council, after deter.nirEtion
and recommendition by the Commission, not obnoxious or detrimental to the
welfare of the community.
3xcepting as authorized in this Article, no premises may be used,
occupied or maintained, and no building or improvement or pre.nises shall
be, or shall be permitted to be, designed, arranged, intended, used,
occupied, constructed, established, maintained, altered or enlarged for
any purpose, other than for the uses permitted by this Article in the
district in which it is located.
Section 1921. Temporary Accessory Luildings
(a) ;storage Building
A temporary accessory building, used solely for the storage of
tools, materials, equip.nent or implements or as a field quarters incidental
to the doing of any public work or to the construction, alteration or
repair of a building, structure or other work for which a building permit
has been issued pursuant to the provisions of this ;,ode nay be erected
�.Y2C ma gi td[SELL temporary accessory building shall to 1ei"ov'-_6
,Epi.<u"l_,e O. completion Shall be wl_Lhh"i_ by t,]e
proper city official unl,il such temporary accessory building shall be. re-
moved. No such temporary accessory building shall be placed by any
person upon a public street or way, or any part thereof, unless such
person shall first obtain. a permit so to do from the City Engineer.
(b) Tract Sales Office
the Planning Co.nmission may issue a permit for the construction
or naintenance of a temporary Tract office for the sale of real estate or
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for temporary buildings or structures other than biose described in sub-
section (a) above. ,application for such permit si,all be .rade in writing
and shall be filed with the City Clerk. Phe permit may be granted or
denied by the Planning Joia:aission without notice or after such notice as
it may determine. No fee shall be charged for the filing of an application
for such permit. A permit for the construction or maintenance of such
temporary building or structure shall state the date on or before which
such building or structure shall be removed together with such other
conditions as the Planning Commission shall, in its discretion, fix and
determine."
SECTION 3• Division 7, article 50, Part X, of the Burlingame
Ordinance Code is hereby amended to read as follows:
"DIVISION 7 NONCONFORN.INu U33S
Section 1935 uses Existing
Any use of structure or land which was a lawfully existing use at
the effective Dete of Ordinance No. 539, or amendments thereto, which
does not conforx to the use regulations for the district in which it is
located may be continued for such time and in such manner as are set
forth in this Division.
Section 1936 Restriction of Nonconforming Use
No nonconforming use shall be extended beyond the confines of
the structure which it occupies or the lot upon which it is located. No
nonconforming use, conducted within a portion of a building, may be
extended in area within such building.
Section 1937 Change of Use
No conforming use shall be changed to any other nonconforming use,
whether within the same class or otherwise. When changed to a conforming
use, it shall not thereafter be changed back to a nonconforming use.
Section 1938 Automatic Change by Non-use
'Arlen n.y LJui_lding or land which has been used other than--
... _: ij J.3 tJ. JIiS Of the district of which iL is a dart is not.
used for such nonconforming use for a continuous period of six .donnas,
such nonconforming use shall be deemed abandoned and shall not Le re-
established. ouch building or land shall thereafter be used only in con-
formity with the use regulations of the district in which it is situated.
Whenever any part of a building, structure or land occupied by
a nonconforming use is changed to or replaced by a use conforming to the
use regulations of the district, such premises shall not thereafter be
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used or occupied ;:y a nonconforming use, even though the building may have
been originally d.signed or constructed for the prior nonconforming use.
Section '939 Change of Use Because of Delapidation
When any building or land which has been used other than in con®
fornity with th;: district of which it is a part and the Council, after due
notice and hea.-,ing thereon, shall have found that the use has become
dangerous or injurious to the public health, safety, or welfare by reason
of delapida.ion, neglect, decay or otherwise, such use shall forthwith
revert to the classification to which it formed an exception, without
further .iearing or action thereon.
Section 1940 Restoration of Damaged Building
A nonconforming building which is damaged or destroyed by any means
to .he extent of 1001 or more of its assessed value may be rebuilt or used
tYareafter only in compliance with the regulations of the district of which
JL Is a part. In the event that the necessary repairs are less than 100;
.if the assessed value, the building may be restored to its original con-
dition and the occupancy and use resumed. Such restoration must be started
within a period of six months and be diligently carried to completion.
Section 1941 Repairs and Alterations
Normal maintenance and repairs may be made to a nonconforming
building or structure. Such maintenance, repairs or alterations may not
extend the area of nonconformity and structural alterations may be made
only when required by law to assure the safety of the occupants. Re-
modeling, rebuilding or reconstructions shall not be permitted.
Section 1942 Additions and Enlargements
A nonconforming building may be enlarged or extended only if the
entire building is thereafter devoted to a conforming use, and is made to
conform to all the regulations of the district in which it is located.'
S C:PIO;+ 3 • 3^VERAEIiI fY
:;1 �-,.,_ -Jf +dLij'' i -i fo, any reason a,' d uu be .i. i"i dcti j.<_.i, Lz!i,
by the decision of any court or courts of jurisdiction, such decision
shall not affect the validity of the remaining portions of this )rdinance.
fhe City Council of this City hereby declares that it would have adopted
this ordinance and each section, subsection, clause, phrase or portion
thereof, irrespective of the fact that any one or more sections, subsections
clauses, phrases or portions may be declared invalid or unconstitutional.
MOM
3ECTION 4. R -U SAL
Any ordinance, or any section or part of a section of the Burlinga.ue
)rdinance Code, in conflict with the provisions of this Ordinance are
hemby repealed.
3CCTION 5. PUBLICATION
Phis Ordinance shall be published as required by law.
MAYOR
I, Herbert K. White, City Clerk, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City
Council held on the / day of , 1962, and
adopted thereafter at a regular meeting of the City Council held on the
/7_ day of , 19629 by the
following vote:
Ayes: Councilmen:—
:roes: Councilmen:
Absent Councilmen:Q
Herbert K. White - City Clerk
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