Council Adopts Zoning Ordinance That Amends Code for ‘Nonconforming Uses’

The City Council adopted one ordinance that will amend the city zoning code for nonconforming uses whose required licenses or permits are revoked, terminated, or suspended, and another that amended the zoning code to allow for an animal hospital in the city’s central district.

The amendment allows the city more authority in dealing with nonconforming assisted living facilities that have operated despite having nonconforming uses, in some cases since the 1960s.

The ordinance on nonconforming uses is needed “to make clear that legal nonconforming uses that require a license or permit to operate are considered terminated upon the revocation, termination or suspension of such license or permit,” according to the report.

In public comment to the council before the meeting, William Hooper said the new ordinance “would invite unreasonable and unfair enforcement.”

“The proposed ordinance would allow the city to require the abatement and termination of a nonconforming use, thereby forcing a business to relocate or close whenever any of its licenses or permits are revoked, terminated, or suspended, regardless of the reason, circumstances, or duration,” Hooper wrote.

In January, the City Council unanimously approved an amendment to the city’s zoning code that allows the city to terminate a local business’ nonconforming use in the event of the revocation, termination, or suspension of any license or permit that is required in order to operate a nonconforming business.

Specifically, the amendment ends a nonconforming status under violation of any applicable law, the revocation or termination or suspension of any license or permit that is required in order to operate the nonconforming use, a change from a nonconforming use to another nonconforming use, a change from a nonconforming use to a conforming use, and certain instances when there is an increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use, according to the report.

The other ordinance allowing an animal hospital in the city’s central district “is needed to address the need for more easily accessible amenities for a growing downtown residential community by eliminating the prohibition on animal hospitals in most zoning districts in the Central District Specific Plan area, and establish a more robust set of operational standards applicable to animal hospitals citywide,” according to a city staff report.

Animal hospital uses are currently not permitted in five of the six zoning districts in the central district, forcing those who reside there to travel further to access these services, often requiring the use of a vehicle, according to the report.

By allowing animal hospital uses to be established closer to these neighborhoods, residents will have easier access to these services without the need to travel by car.

The area includes Old Pasadena, the Civic Center, the Pasadena Playhouse, and the South Lake Avenue Business District.

The central city residential community has continued to grow, and many of its residents have pets, but no immediate access to care for their animals. The amendment would not apply to Old Pasadena.

Currently, there are at least five animal hospitals in Pasadena.