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O 157 610 ct. ~ ~"~ ZONING ORDINANCE NO. 157 :;J;;.; Arroyo Grande, CalifDrnia :;1)1! AN ORDINANCE OF THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA, ESTABLISHING REGULATIONS PERTAINING TO USES OF LAND AND USES, LOCATION, HEIGHT, BULK, SIZE AND TYPES OF BUILDINGS AND OPEN SPACES AROUND BUILDINGS IN CERTAIN DISTRICTS OF THE CITY, SPECI- FYING SAID DISTRICTS: PROVIDING FOR THE ADMINISTRA- TION AND ENFORCEMENT OF SUCH REGULATIONS AND PRES- cRIBING PENALTIES FOR VIOLATIONS THEREOF: REPEAL- ING ORDINANCES IN CONFLICT HEREWITH. The Council of the City of Arroyo Grande, California, I does ordain as follows: Ordinance No. 95 (as amended) I of the City of Arroyo Grande and any amendment to said Ordinance is hereby repealed. SECTION 1. ADOPTION OF ZONING PLAN There is hereby adopted a Precise Zoning Plan for the City of Arroyo Grande, State of Calif6rri.ia. l.l This Ordinance shall be known by the follow- ing short title: "THE ZONING ORDINANCE OF THE CITY OF ARROYO GRANDE" SECTION 2. PURPOSE OF ORDINANCE The purpose of this Ordinance is to provide for regulations for the systematic execution of the Land Use element of the Master Plan for the physical development of the City of Arroyo Grande. SECTION 3. TYPE OF DISTRICTS ESTABLISHED There are hereby established districts into , which the City of Arroyo Grande is divided and which are designated as follows: Residential Agricultural District or "R-A" District,Single Family Residential District or "R-l" District, Duplex Residential District or "R-2" District, Multiple Family Residential District or "R-3" District, Retail Commerpial or "C-l" Districts, Central Commercial Districts or "C-2" Districts, Highway Service Districts or "HS" Districts, Industrial Districts or ''M'' Districts 3.1 In addition to the districts established in Section 3, there are hereby established two combining districts which may be combined with any of the districts set forth in Section 3; said districts to be designated as follows: Combining Lot Size Districts or "B" Districts. 3.2 The boundaries of the districts designated and I I . established by Sections 3 and 3.1 hereof are as shown on that certain map entitled "ZONING MAP OF THE CITY OF ARROYO GRANDE", incorporated herein and made a part of this Ordinance by reference as if herein fully set forth and to which reference is hereby made for full particulars as to the location of the areas shown within said districts. The Districts shown are hereby declared to be subject to the regulatinns pertaining to such designated districts as said regulations are set forth in Sections 4 and 5 hereof. -.- -.-.- 317 3.3 Where the exact boundaries of a district cannot be' readily or exactly ascertained by reference to'the Zoning Map of the City of Arroyo Grade, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive. the provisions of the Section shall not apply to acreage. 3.4 All lands now or, hereafter included within the City of Arroyo Grande boundaries, which are not I designated on the aforementioned zoning map as being included in any district, are and shall be designated as R-AB-3. SECTION 4. DESIGNATION OF REGULATIONS IN THE DISTRICTS HEREAFTER ESTABLISHED Except as provided in this section, no structure shall be erected, reconstructed, enlarged, altered or moved; nor shall any building or land be used except as hereinafter specifically provided and allowed in the districts in which such structure and land are located. 4.1 Residential Agriculture or "R-A",District It is the intention of this section to encourage proper development by promoting and retaining the agricultural use of property where subdivisions or urban developments are imminent until it is properly subdivided under current City Subdivision Ordinances. Approval of tentative and final subdivision maps shall constitute as agreeing to consider the appropriate re-zoning of areas currently designated as R-A. I 4.11 Uses Permitted I a. Single family dwellings, crop and tree farming, other farming except for the following: Commercial dairies, kennels, rabbit, fox, goat or hog farms, or commercial chicken or poultry ranches. b. ,Accessory uses normally incidental to a s~ngle family dwellings or farming. c. One sign not over six (6) square feet and unlighted pertaining only to the sale, lease or rental of the property ypon which the sign is located or name and address plates. d. Aviary and household pets. e. Livestock limited to two animals only when combined with a B-3 district. A like number of animals may be permitted for additional acreage; pens or enclosures used for the housing of the above animals must be located not less than 150' from the boundary of the I I R-A zone. I 4.12 Uses Permitted Subject to Obtaining A Use Permit in Each Case. a. Churches, public and parochial schools, parks, playgrounds, public and quasi-public uses, public utility buildings and uses, not including porporation Yards. b. Commercial chicken, rabbit household pets, or similar small animal ranches only when combined with the B-3 district except for the following: Mink, turkeys or commercial fur bearing animals. c. Si..~s in R("'(""nrn,!'tMror> T.t;t-'h ,..,;............ - ~-, ! .J.LU .......... 4.13 Maximum Building Height Limit ~J ~ For dwellings thirty (30) feet, for accessory ~ buildings thirty (30 feet; except that for communication equipment buildings, the maximum height limit shall be thirty-eight (38) feet. 4.14 Building Site Area Required For each dwelling, minimum of 10,000 square feet except when combined with a B district; minimum lot width 75 feet. In no case, shall there be more than one (1) dwelling on each building site. -- I 4.15 Percentage of Lot Coverage Permitted : , , 40% of lot area exclusive of overhang. 4.16 Minimum Yards Required a. Front yard twenty (20) feet, but in no case shall any structure be erected closer than forty-five (45) feet from the center line of a street or road. Except as provided in Section 5.15. b. Minimum side yard required, five (5) feet to the foundation line; ten (10) feet on the street of a corner lot. c. Minimum rear yard required fifteen (15) feet. 4.17 Parking Required (See parking requirements 5.23) 4.2 Single Family Residential District or "R-l" District The following regulations shall apply in all R-l Districts and shall be subject to the provisions of Section 5. 4.21 Uses Permitted a. Single Family dwellings. b. Accessory buildings, only if constructed or after the main building. c. Accessory uses incidental to single family dwellings. d. One (1) sign not over four (4) square feet pertaining only to the sale, lease or rent of the property on which the sign is located or name and address plates., 4.22 Uses permitted Subject to Obtaining a Use Permit in Each Case a. Churches, schools, parks, playgrounds, public and quasi-public uses,public utility buildings and uses, except Corporation Yard,s. I b. Public and private parking lots for auto- mobiles, when adjacent to any "C" or ''M'' District. 4.23 Building Height Limit Main Building thirty (30) feet; accessory building fifteen (15) feet, except that for communications buildings, the maximum height shall be thirty-eight (38) feet. 319 4.24 Building Site Area Required For each building site, minimum of 5400 square feet; minimum width sixty (60) feet, except when combined with a B District. No more than one (1) single family unit per building site. 4.25 Percentage of Lot Coverage Permitted Maximum of 40% of lot area exclusive of overhang. I 4.26 Minimum Yards Required I All front, side and rear yards shall be the same' as required ,in, the R-A District. 4.27 Parking Required See parking requirements. 4.3 Duplex Residential District or "R-2" District. The following regulations shall , apply in all R-2 Districts and shall be subject to the provisions of Section 5. 4.31 Uses Permitted a. All uses listed in the R-l District subject to obtaining a Use Permit where required in the R-l District. b. Duplexes. c. Second single, family dwelling. 4.32 Uses Permitted subject to Obtaining a Use Permit in Each Case a. Triplexes. 4.33 Maximum Height Limit For Main' Building thirty (30) feet; Accessory Buildings fifteen (15) feet; except that for communication equipment buildings, the maximum height limit shall be thirty-eight (38) feet. 4.34 Building Site Area Required For each building site, minimum of 5400 square feet; minimum width of sixty (60 feet; except B District and for each family unit 2700 square feet of land shall be required. 4.35 Percentage of Lot Coverage ,Permitted Maximum of 50% of lot area. 4.36 Minimum Yards Required I I All front, side and rear yards shall be the same as required in the R-A Districts. 4.37 Parking required (see Parking Requirements) 4.4 MUltiple Family Residential District or "R-3" District The following regulations shall apply in all R-3 Districts and shall ,be subject to the provisions of Section 5. - -----~-- ---- 4.41 Uses Permitted I.""", ~ ;:;.. a. All uses permitted in the R-l and R-2 ~ District. b. Multiple family dwellings and apartment . . . . houses. c. Accessory buildings and uses normally incidental to any use allowed in the district. d. Professional offices. .,- 4'.42 Uses Permitted Subject to Obtaining a Use I Permit in Each Case. a. ,Dwelling groups, motels, hotels, trailer parks - boarding houses. b. Social halls, lodges, clubs, rest homes. 4.43 Maximum Height Limit For Main Buildings forty (40) feet; accessory buildings twenty (20) feet, except if Section 5.8 is applied. 4.44 Building Site Area Required For each building site, minimum of 6000 square feet; minimum width of sixty (6Q) feet. For each family unit 1500 square feet of land area shall be required, including trailers in trailer courts. 4.45 Percentage of Lot Coverage Permitted Maximtnn of 75% of lot area. 4.46 Minimum Yards Required a. Front Yard - Fifteen (15) feet, but in no case shall any structure be erected closer than forty-five (45) feet from the center line of any street or road. b. Side Yards - Five (5) feet to the foun- dation line; ten (10) feet 'on the street side of corner lot. c. Rear Yard - Fifteen (15) feet. 4.47 Parking Required (See Parking Requirements) 4.5 Retail Commercial of ltC_lit Districts The following regulations shall apply in all C-l Districts, subject to the provisions of Section 5. 4.51 Uses Permitted a. Retail stores and personal service I establishments within a building, including appliance stores, bakeries, banks, barber shops, beauty parlors, book stores, depart- ment stores, drug stores, food shops, hardware stores, retail nurseries, store offices, radio shops and any other business that in the minds of the Planning Commission is no more objectionable than those listed above. 321 b. Service Stations c. Signs attached to the main building and appurtenant to any permitted use, subject to conditions of the sign ordinance. 4.52 Uses Permitted Subject to Obtaining a Use Permit in Each Case a. Light Manufacturing b. Any use permitted in any "R" District I :c. ,Animal hospitals, auto repair shops, drive- ! I : ,in establishments when of a type of use - indicated, cleaning and dyeing establish- ments, laundries , launderettes, second- hand sales, mortuaries, nurseries, studios, tailor shops, outdoor markets, outdoor sales establishments, pet shops, motels, hotels, rest homes, public garages, public utility buildings and uses except Corporation yards, car sales lots and other uses of a similar nature. Churches, schools, public and private. d. Signs, subject to conditions of Sign Ordinance. 4.53 Maximum Building Height For all buildings, forty (40) feet. 4.54 Building Site Area Required For each building site 2500 square feet; minimum width twenty-five (25) feet. I 4.55 Percentage of Lot Coverage I ' . - 100% less parking required. 4.56 Minimum Yards Required a. Front .Yard - None, except when abutting on a lot in an "R" District, then five (5) feet. 4.57 See Parking Requirements 4.6 General Commercial District or C-2 District The following regulations shall apply in all C~2 Districts and shall be subject to the provisions, of Section 5. 4.61 Uses Permitted a. Service Stations b. Wholesale stores and storage within a building, second-hand sales within a I building. I I c. Signs appurtenant to any permitted use. d. All uses listed in a C~l District. e. Retail building materials store (lumber yards) and any other business that in the minds of the Planning Commission is no more ,objectionable than those listed above. r'-..,',", Cj 4.62 Uses Permitted, Subject to Obtaining a Use ::I> Permit in Each Case. ~ a. All uses permitted in any "R" District. b. Outdoor sales establishments, second- hand, ,sales, motels, ,light manufacturingn, including manufacture of clothing, novelties and toys and uses which in the opinion of the Planning Commission are of similar nature. c. Signs, other than those appurtenant to I any permitted use, including outdoor advertising structures, subject to Sign I Ordinance. 4.63 Maximum Height Limit All structures, fifty (50) feet. 4.64 Building Site Area Required For each ,building site, 2500 square feet; minimum width twenty-five (25) feet. 4.65 Percentage of Lot Coverage 100% less required parking 4.66 ,Minimum Yards Required Same as in "C-l" District 4.67 See Parking Requirements 4.7 Highway Service District or, ',IHS" District , The following,regulations shall apply in all , I "H.S." Districts and shall be subject to the , provisions of Section 5. 4.71 Uses Permitted a. Service Stations, restaurants, off-sale liquor sales where combined with a restaurant, ice cream stands, quick lunch stands, novelty shops, tire recapping, car wash. b. Hotels, Motels. c. Professional, Offices and any other business that in the minds of the Planning Commission is no more objectionable than those listed above. 4.72 Uses Permitted Subject to Obtaining a Use Permit in Each Case. a. New and used 'car 'sales, trailer sales, trailer courts. ! b. Truck terminals, truck and auto repair. I , c. Administrative offices, book binding, chemical: laboratories; distributors electronic and electrical and electro- mechanical products, research and dev- elopmental laboratories; finished paper products, food and kindred products manufacturing or storage, leather products, photography and printing plants, ceramic and plastic fabrication, textile and furn- iture manufacturing; scientific instrument manufacturing, design and development. ---~_... .--....-.--- 32~ d. Off-street parking lots. e. Outside storage in conjunction with allowed use but enclosed in minimum of 6' solid fence. 4.73 Maximum Height Limit All structures fifty (50) feet. 4.74 Building Site Area Required. I For each building site, 5000 square feet; minimum lot width fifty (50) feet. - 4.75 Percentage of Lot Coverage 50% of lot area, not including off-street parking. ' 4.76 Minimum Yards Required Same as required in "C-l" District 4.77 See Parking Requirements. 4.8 - tndustri.iil'Districts or "M" District 4.81 Uses Permitted The following regulations shall apply in the "M" District and 'shall be subject to the provisions of Section 5. a. All uses permitted in C-2 Districts, ' . excepti'R" uses~ Wholesale stores or I , storage, service establishments, light I industrial and manufacturing uses which - in the opinion of the Planning Commission are not objectionable by reason of pro- duction of dust, odor, noise, lighting, vibration etc., public utility uses, except storage of gas. All uses set out in the "H.S." District, and fabrication of any finished materials. b. Signs attached to the main building and appurtenant 'to any ,permitted use. c. Res,idential uses for caretakers in conjunction with permitted use, but not including any other residential uses. Employees dining facilities. 4.82 Uses Permitted Subject to Obtaining a Use Permit in Each Case a. Building materials yards; canneries; bulk storage petroleum products; packing plants ,and industrial, manufacturing or other uses which in the opinion of the Planning I I Commission may be objectionable by reason of i I production of offensive odor, dust, noise, '- bright lights, vibration or involving the storage or handling of explosive or dangerous ,materials. b. Signs, subject to Sign Ordinance. 4.83 Maximum Height Limit All structures fifty (50) feet r;~ 4.84 Minimum Yards Required :J;;,.. ~ a. Front yard twenty (20) feet. ii, b. Side,and rear yards ten (10) feet. 4.85 Parking Required (See Parking Requirements) 4.86. Combining Lot Size District, or "B" District " The following regulations shall apply in all districts with which the "B" Districts are combined. I 4.87 Uses Permitted All uses in the districts with which the "B" is combined. The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respective R-l, R-2, R-3 Districts where such districts are combined with the "B" District. All other provisions of the respective district shall apply. ' , Combining Building Site Min.Lot Min. Ft. Min.Side Min.Lot Desi~ation Area Width Yard Yard Len!1;th "B_1" 10,000 Sq. Ft. 80' 20' 10' 120' "B-2" 20 000 " " 100' 25' 15' 175' , "B-3" 40 000 " ", 120' 30' 20' 200' , SECTION 5. GENERAL PROVISIONS. CONDITIONS AND EXCEPTIONS 5.1. All r~gulations in this ordinance pertaining I I to ,the districts established in Section 3 and I 3.1 hereof are subject to the general pro- visions, conditions and exceptions contained in this section. 5.2 If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, or with respect to matters of height, area requirements or zone boundaries as set forth herein, the: Planning Commission shall ascertain all pertinent facts and by resolution set forth its findings and inter- pretations and thereafter such interpretation shall govern, except if the ,City Council of Arroyo Grande directs the Planning Commission to adopt a different interpretation. 5.3 All of the uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical,their inclusion in any class of use set forth in the various districts herein defined, and therefore the, authority for and I location of the operation of any of the uses I designated herein shall be subject to the issuance of a use permit in accordance with the provisions of Section 7.2. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Section 7.4 hereof, the Planning Commission shalL consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses per- mitted in surrounding areas: _.__....~ 325 l. Damage or nuisance from noise, smoke, odor, dust or vibration. 2. Hazard from explosion, contamination or fire. 3. Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles. The uses referred to herein are as follows: a. Airports and landing fields. I b. Establishments or enterprises involving I , , large assemblages of people or automobiles as follows: l. Amusement parks and tracks. 2. Circus or carnivals. 3. Recreational facilities, privately operated. c. The mining of natural mineral resources, together with the necessary building and appurtenances incident thereto. c. Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways, or public or home improvements. 5.4 Accessory build.ings shall be constructed with, or subsequent to the construction of the main building. 5.5 Public Utility distribution and transmission line towers and poles and underground facilities for communications and distribution of gas, water, and electricity shall be allowed in all districts I , without limitation as to height or without obtaining a use permit, provided however, that all routes of proposed gas, water, communications and electric transmission lines shall be submitted to the Planning Commission prior to the acquisition of right of ways therefore. 5.6 Signs for the advertising of the sale of a subdivision may be displayed on the site of the subdivision, , upon the securing of a Use Permit for the erection of such signs. 5.7 Where chimneys, silos, cupolas, flag poles, monu- ments, gas storage holders, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances are pe=itted in a dis- trict, height limits may be exceeded upon the secur- ing of a Use Permit in each case. 5.8 In any district with a height limit of less than seventy- five (75) feet, public and semi-public buildings, schools, churches, hospitals and other institutions permitted in such district may be erected to a height exceeding that herein specified for such district, provided that the gross floor area of the building ! i shall not exceed an area equal to the area of the I , site upon which it is to be constructed, multiplied I by the factor three (3), and provided that the front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for such district. - 'tJ _ 'V t7:) 5.9 Upon securing a Use Permit any building :.::~ in any "e" or ''M'' District may be erected - -- - """" to a height exceeding that herein specified for sucJ;1. district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is to be constructed, multiplied by the factor five (5). 5.10 When the provisions of Sections 5.8 or 5.9 above are used, any portion of a structure above ground used for tenant, patron or guest; parking of automobiles I shall not be counted as a part of the allowable gross area. 5.11 Fences, hedges and walls may be erected in any district subject to the following conditions: a. Fences, hedges, and walls shall not exceed six (6) feet in height on or within all rear and side property lines on interior lot lines, and where along the front property line, they shall be located one foot back from property line. b. No fence, hedge or wall over three (3) feet in height shall be erected in any front yard, or in the side yard, or in the side yard on the street side of either a corner lot or on a lot, the rear line of which abuts the side line of an adjoining lot. c. A six foot fence, hedge or wall may be located not closer than five (5) I feet from the side property line on the street side of any corner lot. d. Fences or structures exceeding six (6) feet in height to enclose tennis courts or similar areas, when such fences enclose the rear half of a lot, may be erected subject to the obtaining of a Use Permit therefor. 5.12 Architectural features on the main building, such as cornices, eaves and canopies may not extend closer than three (3) feet to any side lot line. Eaves and canopies may extend a maximum of 3' into the required front yard and no closer than five feet (5') to any rear lot line. Fireplaces, not exceeding six feet (6') in breadth, may extend not closer than three feet (3') to any side lot line. A marquee overhanging the front property, line is subject to obtaining a use permit. 5.13 Open, uncovered, raised porches, landing places or outside stairways may project I : not closer than three feet (3') to any , , side lot line, and not exceeding six (6') feet into any required front or rear yard, except when constructed not to exceed one foot (1') above ground level. ----._-- €>~t, 5.14 Where an accessory building is attached to the main building, it shall be made structurally a part thereof , and have a common roof with the main building, and shall comply in all respects with the requirements of this ordinance applicable to ,the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one-half (t) of the lot and at least ten (10') feet from any dwelling building existing or under construction on the same lot, or any adjacent lot. Such accessory , - building shall not be located within five (5) feet of any alley or,within one (1) foot of the side line of the lot or, in the case of 'a corner lot, to I project beyond the front yard required or existing I on the adjacent lot. I 5.15 In RA, R-l and R-2 Districts,where 50% of the lots in a block have been improved with building at the time of the passage of this ordinance (not including accessory buildings), the minimum required front setback shall be the average of the improved lots, ,if said set back is less than the aforestated requirements. 5.16 Any use allowed in the district may be allowed on any parcel of land, the area of which is less than the building site'area required for the particular district in which said parcel is located, but if, and only if said parcel was in single ownership at the time of the adoption of this ordinance and said single owner- ship was recorded in the Office of the County Recorder of 'San Luis Obispo County. No structure shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of record of contiguous property or said contiguous owner" s or owners' transferee, after the effective date of this ordinance. I 5.17 The width of side yards on single family dwellings I constructed pursuant to Section 5.16 may be reduced to ten percent (10%) of the width of such parcel, but in no case less than three (3) feet. 5.18 Dwelling groups shall be constructed so that the following minimum distances are provided: a. Minimum of ten (10) feet between buildings. b. Minimum of ten (10) feet between side yard line, and access side of single row dwelling groups. c. Minimum of twenty (20) feet between access side of the main wall of buildings in double rows. 5.19 Architectural Approval In case an application is made for a permit for any building or structure in any "C", "R.S." or ''M'' Dis- trict, said application shall be accompanied by archit- ectural drawings or sketches, showing the elevations of the proposed building or structure and proposed landscape or other treatment of the grounds around such bu;ildingor structure. Such drawings or sketches shall be considered by the Planning Commission in an end- eavor to provide that the architectural and general , , appearance of such buildings or structures and grounds I I be in keeping with the character of the neighborhood and such as not to be'detrimental to the orderly and harmonious development of the City, or to impair the desirability of investment or occupation in the neighborhood. 5.20 The Planning Commission shall have authority to approve architectural sketches within the meaning of Section 5.19 of this ordinance. --.-..- -...--... ~-~ 1<,.'..... C':) 5.21 In case the applicant is not satisfied with ~ the action of, the Planning Commission, he ~ may within ten (10) days appeal in writing to the City Council, and said Council shall affirm or reverse the decision of the Planning Commission within thirty (30) days after the filing of such appeal. 5.22 No permit shall be issued in any case here- inabove mentioned until such drawings and sketches have been approved by the Planning Commission, or ,City Council, and all buildings, structures and grounds shall be in accordance I with the drawings and sketches.. : I 5.23 Parking Requirements All residential uses: One (1) garage or carport per dwelling unit. One (1) car space per unit plus one garage or carport for each kitchen unit in any motel, or boarding house. One space per unit within 500 feet of all hotels. All public assembly: one (I) parking space per each five' (5) ,seats in churches, theaters and other places. of public assembly, unless a greater amount of parking is otherwise required in this section. Other public buildings: One car space for each classroom and office in any elementary school, one space for each ten students plus one space per classroom in each high school;require- ments for private office buildings shall also apply to public offices. Clinics: One (1) car space for each 200 ! square feet floor area plus one (1) space for each two staff members. Hospitals: One (1) car space for each bed. All office buildings: One (1) car space for every 200 square feet of gross floor area in any office. All retail commercial buildings, restaurants, bars, barber and beauty shop: One (1) car space for each four seats in any restaurant; one (1) space for every three seats in any bar, one space for every 150 square feet in barber and beauty shops; one space for every 200 square feet of gross floor area in all retail stores. Wholesale establishments: One car space for,each 1000 square feet ,of gross floor area. Industrial Uses:' Two (2) car spaces for each three employees on duty at any time plus one ,space for each 2000 square feet of total ground and building area. All uses not otherwise specified shall provide one (1) space for each. 200 square feet of gross floor area unless in the opinion of the Planning Commission, the nature of the use requires less parking space., ----.-.--- ---.- 329 5.24 Improvements Required Upon application for a building permit the following requirements shall apply to (1) any C, H-S, or M District (2) Any residential zone where 50% of the frontage in the block on ,the same side of the street with curb, gutter and/or sidewalk. The improvements are: THE INSTALIATION OF CONCRETE' CURBS, GUTTERS AND SIDEWALKS FOR THE FULL FRONTAGE OF THE PARCEL , UNDER APPLICATION FOR A BUILDING PERMIT TO THE I GRADES AND LOCATIONS APPROVED BY ,THE DIRECTOR i OF PUBLIC WORKS, OF THE CITY OF ARROYO GRANDE. SECT:(ON 6. NON-CONFORMING USES 6.1 Except as otherwise provided in this section, uses of land, buildings or structures existing at the time of the adoption of this ordinance may be continued, although the particular use, or the building or structure does not conform to the regulations specified by this-ordinance for the district in which the particular building or structure is located or use is made; provided however, no non-conforming structure or use of land may be ,extended to occupy a greater area of land, buildings or structure then is occupied at the time of the adoption of this ordinance. I-f any rion~conforming use is discontinued or abandoned, any subsequent use of land or building shall conform to the regulations specified for the districts in which such land or building is located. If no structural alterations are made therein, a non-conforming use of a non-conforming building may be changed to another use of the same or more restrictive classification upon the securing of a use permit. ,If the non-conforming use is replaced by a more restrictive non-conforming use, the occupancy thereafter may not revert to a less restrictive use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a'period on one (1) year, it shall ' be conclusively presumed that such use has been abandoned within the meaning, of this ordinance, and all future uses shall comply with the regulations of the particular district in which the land or building is located. 6.2 Any building or structure existing at the date of the adoption of this ordinance which is non-con- forming either in use, design or arrangement (but not including required yards) shall not be enlarged, extended, reconstructedor structurally altered unless such enlargement, extension, reconstruction, or alteration is in compliance with the regulations set forth in this ordinance for the district where such building or structure is located; provided ,however, any such.non-conforming building or structure may be maintained, repaired or portions thereof replaced so long as such maintenance, repairs or I replacements do not exceed 100% of the building's I assessed valuation as shown on the assessment role of the City of Arroyo Grande. 6.3 A non'-conforming building destroyed to the extent of more than fifty per cent (50%) of its latest City appraised value at the time of its destruction by fire, explosion, or other casualty or Act of God, may be restored and used only in compliance with the regulations existing in the district wherein it is located. ------ --.",'----. 'V<JV ,..~.~..... ~':1 6.4 The foregoing provisions of this section ::> shall apply to structures, land and uses ~ which hereafter become non-conforming due to any amount of re-classification of district under this ordinance; provided however, public uses, public utility buildings, public ,utility uses existing at the time of the adoption of this ordinance or existing at the time of reclassification of districts shall not be considered non- conforming. SECTION 7. ZONING ,PERMITS, USE PERMITS, VARIANCES AND , REVOCATION OF PERMITS , I , 7.1 Zonin~ permits shal+ be issued in conjunction with and as a part of building permits, and shall be issued by the Building Depart- ment of the City of ,Arroyo Grande only after the Building Inspector has determined that any proposed construction is in conformity with the regulations for the district in which it is to be located. No building permit shall be issued until the zoning permit ,portion thereof has been completed by the ' Building Inspector of the City of Arroyo ,Grande or his authorized representative. 7.2 Use permits may be issued as provided in this section for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance upon'conditions designated by the Planning Commission. ,The Commission may impose such conditions as it deem necessary to secure the purposes of this ordinance and I may ,require tangible guarantees or evidence ,that such conditions are being or will be complied with. Applications for use permits shall be considered after holding hearings thereon, as required by law; notice of such hearings shall be given in the manner prescribed in Section 10.2. l. Application for use permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners,on a form prescribed by the Planning Commission of the City of Arroyo ,Grande. The application shall be accompanied by a fee of ten d.ollars ($10.00) and plans showing the details of the proposed. use to be made of the land or building. 2. Upon receipt of the application for use permit, the Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the I , ,circumstances of the particular case, be, detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detri- mental to property and improvements in the neighborhood or the general welfare of the City. If the Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the use permit. -----..- 331 7.3 Variances Applications for variances from the strict application of the terms of this ordinance may be made and variances granted when the following circumstanc'es are found to apply: a. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon I other properties in the vicinity and district I in which the'subject property is situated. I b. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, thi strict application of, the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in 'the vicinity and under identical zone classif- ication.' l. Application for 'variance shall be made in writing by a property owner on a form pres- cribed by the Planning Commission of the City of Arroyo Grande. " This shall,be accompanied by a fee of twenty- 'five dollars ($25.00), a plan of the details of the variance requested, and evidence,show- ing (1) that the granting of the variance will not be contrary to the intent of this ordinance or to the public safety, health and welfare, and (2) that due to special conditions or exceptional characteristics I of the property, or its location, the strict app- , I , I 'lication of this ordinance would result in practical difficulties'and unnecessary hardship. 2. Upon receipt of an application for variance, the Planning Commission of the City of Arroyo Grande shall seta date fora public hearing on said application; said hearing shall be held within thirty (30) days after the filing of the application. Notice of such hearing shall be given as set forth in Section 10.2. 3. After the conclusion of the public hearing or continuations thereof the Planning Commission shall grant or deny a permit to modify the application of the restrictions established by this ordinance. The Commission, if the applicant for the variance consents thereto, may change or modify the extent of the variance requested byt only if such change or 'modification constitutes a more restrictive variance than that requested by the applicant. 4. No use permit granting a variance shall have any force or effect until the applicant thereof I actually receives such permit designating I the conditions of its issue thereon and signed by the Secretary of the Planning Commission of 'the City of Arroyo Grande. No permit shall be issued by the City of Arroyo Grande until the time for filing an appeal from decisions of the Planning Commission as provided in Section 8 hereof has expired, or in the event of such appeal, after, the final determination thereof by the City Council. -~- ?........ C"'1 5. Any use permit or variance granted ::;:.. in accordance with the terms of this - ...ac~ ordinance shall be, null and void if not used within one ,(1) year from the date of the approval thereof or within any longer period of time if so designated by the Planning Commission of the City Council. 7.4 A:ny use permit or variance granted in accordance with the terms of this ordinance may be revoked by the City Council in the manner hereinafter set forth if any of the I conditions or, ,terms of such permits are I violated or if the following findings are I made: a. In connection w,ith:,use, permits: The continuation of the ,use would be detrimental ,to ,the health, safety, , morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to. ,property and improvements in the neighborhood or, to the general welfare of the City. b. In connecti~n with variances: Continued relief from the strict:iapplication of the terms of this ordinance would be contrary to the public ,interest"safety, health and welfare. 7.5 Before the Council considers revocation of any permit, the Planning Commission shall hold a hearing thereon after giving written notice thereof to the permittee I I at least ten (10) days, ,in advance of I such hearing. Within five (5) days thereafter, the Commission shall transmit a report of its, findings and its recommendations on the revocation to th~ City Council. SECTION 8. APPEALS 8.1 Any person may appeal any order, requirement, decision or determination of the Planning Commission, in the manner set forth in this section unless the, jurisdiction of the Commission is declared by ordinance to be final and conclusive on the subject matter in question. 8.2 Appeals shall be made in writing and filed with the City Clerk, together with a filing fee of five dollars ($5.00), within five (5) days after the final action of the Planning Commission. Upon receipt of notice of such appeal the City Clerk shall set a time within thirty (30) days after the receipt of such notice,of, a public I hearing on said appeal. Notice of such ! hearing shall be given as set forth in Section 10 hereof. The city Clerk shall also notify the Planning Commission of the City of Arroyo Grande.of such appeal. -------..- ------- ~_.,---~ i)aD 8.3 The Secretary of the Planning Commission, upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to the decision of the Planning Commission and shall submit such report to the City Council, along with the reasons for the Commissioner's action. 8.4 At the close of the public hearing the City Council may affirm, revise or modify the decision of the Planning Commission. If the Council does not take any action on the appeal within sixty (60) days after the filing thereof the Commission's action shall be deemed affirmed,. I SECTION 9. AMENDMENTS ' 9.1 Except as otherwise provided in this section, any amendment to this ordinance may be initiated and adopted as other: ordinances are amended or adopted. 9.2 Any amendment to this Qrdinance which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation, shall be initiated and adopted as hereinafter set forth in this article. , , 9.3 Any amendment of the nature ~pecified in Section 9.2 hereof may be initiated by (1) the filing with the Planning Commission a resolution of intention of the Council of the City of Arroyo Grande; (2) passage of a resolution o,f intention by the Arroyo Grande Planning Commission, or (~) filing with the Planning Commission a petition of one or more record owners of property which is the subject of the proposed amend- ment or their authorized agents., A petition for amendment shall be on a form designated therefor by the Planning Commission and ~hall be accompanied by a fee of,Fifty Dollars ($50.00). I 9.4 Upon receipt of a petition or resolution of intention of amendment, the Planning Commission shall set a date for public hearing thereon, but not later than thirty (30) days af~er the receipt of said petition or resolution. , 9.5 If the proposed' amendment consists of a change in the boundaries of any district, the Planning Commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 10.2 qf this ordinance. If the proposed amendment is of a matter of general or city-wide scope, notice thereof shall be given as provided in Section 10.3 hereof. 9.6 After the close of the public hearing or continuations thereof, the Planning Commission shall make a re- port of its findings and its recommendation with respect to the proposed amendment. , The Commission report shall include a list of persons who testified at the hear ing, a summary of the facts adduced at the hearing, the findings of the Commission, and copies of any maps or other data and/or documentary evidence sub- ! I mitted in connection with the proposed amendment. Copy I , of such report and recommendation shall be transmitted to the City Council within sixty (60) days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council ,or the petitioner for such amendment. In the event the Planning Commission fails to report to the City Council within the aforesaid sixty (60) days or within the agreed extension of time, the amendment shall be deemed approved by the Planning Commission. The recommendation of the 'Planning Commission on proposed amendments shall be adopted by a majority of the voting members of said Planning Commission. --------- ----~-- - ------ p..;;..... .Ci,,) 9.7 Upon receipt of 'the 'recommendation of the :1'... Planning Commission or expiration of the ....,"'11.1 _.:; aforesaid sixty (60) days or agreed upon extended period, the City Council shall within thirty (30) days hold a public hearing thereon giving notice thereof as provided in Section 10. After the conclusion of such hearing the City Council shall within sixty (60) days adopt or deny the proposed amendment or any part-thereof set forth in the petition or resolution of intention in ~uch form as the Council deems desirable. ,I , I SECTION 10. NOTICE OF HEARINGS j 10.1 Whenever this 'ordinance prescribes that a public hearing shall be held on :the appli- cations for variance or amendments to this ordinance, notice thereof shall be given as provided in this section. ,. .' 10.2 Notices'of public hearings on applications for variance, appeals 'and-use permits under this ordinance shall be given-by the body conducting such hearings at least ten (10) days prior thereto by posting at least three notices on or adjacent to the subject property which shall include notice of time and place and purpose of such hearing and be at least one of the following additional types of notice, to-wit: by publication in a newspaper of general circulation in the City of Arroyo Grande or by post card notification of all property owners within a 300 foot radius of the property concerning which the proceeding is being held.' . I 10.3 Notices of public hearings on amendments to this ordinance changing the boundaries of any district and on other matters than as specified in Section 10.2 hereof shall be given by the body cond.ucting'such hearing by publication in a newspaper of general circulation in the City of Arroyo Grande at least ten (10) cays before the hearing and in addition said body may but shall not be required. to give notice by post card notification of property owners whose property is being affected by the proposed amendment. 10.4 Upon completion of the posting of the notices provided for in Section 10.2 and publication of notices as provided in Section 10.2 and 10,3 hereof, the City Clerk, if the hearing 'is held by the Planning Commission,or if the hearing is held by the City Council' shall cause an affidavit of such posting or publication to be 'filed in the permanent records of i the particular proceedings to which such 1 notices pertain. ! 10.5 In the eventpublicatibn in a newspaper of general circulation as:required under Sections 10.2 and 10:.3 above cannot be had. by reason of there being no paper of such classification in the City of Arroyo Grande then posting in three puplic places shall constitute compliance with the publication terms of said Sections. ---~---- -------~--_.- 335 SECTION 11 DEFINITIONS OF THE TERMS USED IN THIS ORDINANCE ARE SET FORTH IN PARAGRAPHS 11.1 TO 11. 54 INCLUSIVE. 11.1 "Administrative Office" An office for the rendering of service or general administration, but excluding retail sales. 11.2 "Alley" A public or privat,e way less than 30 feet in ,width which a~fo,~ds a seco,ndary means of access to abutting property. ' 11.3 iiApartment" . Any building or portion thereof which I is desigt'led and built for occupancy of three or I more fam:rli~s: ' I 11.4 "Motel" or "Hotel'" A single building or a group of detached buildings containing guest rooms or apartments, with ~utomobile storage space provided on the site for such ,rooms or ~partments provided in connection therewith, which group is designed and used primarily for the accommodation of "transient automobile travelers. 11.5 "Block" All property fronting upon one side of a street between intersecting and intercepting streets, or between a street ,and a railr~ad right-of-way, waterway, dead end street or city boundary. An intercepting street shall determine only the boundary of the block on 'the side of a street which it intercepts. ' " 11.6 "Boarding House" A dwelling other than a hotel, where lodging and/or meals for'three (3) or more pers9,ns, is provided for compensation. , , 11.7 "Building" Any'structure having a roof supported by columns, or by walls 'and desigt'led for the shelter I o~ housing ,of any person, 'animal or chattel. I 11.8 "Building, Accessory" A subordinate building, in- cluding shelters or pools, the use of which is incidental to that of the main building on the same lot and/or building site. 11.9 "Buildingt'Main" A building in which is conducted the princ~pal use of the lot and/or building site on which it is s,ituated. 11.10 "Building Site" A lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open' spaces as are required by the terms of this ordinance' and having its principal frontage on a street, 'road, 'highway or waterway. 11.11 "Business, Retail" Any establishment for the retail sale of any article, substance, or commodity, but not including the sale of lumber or other building materials.' , 11.12 "Business', Wholesale" The wholesale handling of any I I article, substance or commodity, but not including the , handling of lumber or othe~ building materials or the open storage or sale of any material or commodity, a,nd not including the processing or manufacture of any produc~ or s~bstance. 11.13 "Combinin~ District" Any district in which the general d~strictregulations are combined with those special districts defined: in Section 3.1. ----------- - --,-----"-,--.. "District" A portion of the City within h. '. l.l..l.~ C;":) which certain uses of land and buildings J;;. are permitted or prohibited and within which ~ certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified 'in this ordinance. 11.15 "Dwellinjl;" A building or portion thereof designed and used exclusively for residential occupancy, including one family, 2 family and multiple family dwellings, but not including hotels, motels or boarding houses. 11.16 "Dwe 11 injl;, Sinjl;le Family" A building I designed for, or used to house not more than I , I one family, including all necessary employees of such family. 11.17 "Dwellin Two Famil or Du lex" A building conta~n~ng not more than two ~tchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family. ' 11.18 "Dwe11injl;, Multiple" ,Aquilding or portion thereof, used and designed asa residence for 3 or more families living independently of each other and doing their own cooking in said building, including apartment hou'ses, apartment hotels and flats, but,not including motels, boarding houses and hotels. 11. 19 "Dwellinjl; Groups" A group of 2 or more detached or semi-detached, l-family, 2-~amily, or multiple swellings, occupying a'parcel'of land in one ownership and having any yard or court in common, but not including automobile courts. 11. 20 "Family" One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. 11. 21 "Fence" Any structural device forming a physical barrier by means of hed,ge, wood, mesh" metal, chain, brick, stake, plastic or other similar materials. 11.22 "Garap;e" or "Carport" Accessible and usable covered space-of not less than 10 x 20 feet each for a storage of vehicles. 11.23 "Guesthouse" Detached living quarters of a permanent type,ofconstruction and without kitchens or cooking facilities, and where no compensation in any form, is received or paid. 11.24 "Home Occupation" An operation conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, I I , and where there are no advertising signs, I no display, no stock or commodity sold on the premises" no, employees, in connection therewith and no mechanical equipment designed, to .be used in ,connection therein" other than that necessary or convenient for domestic purposes. 11. 25 "Heip;ht of Buildinp;" The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. -...----- - --- -._-,,---~-,.~._. DD'i 11.26 "Hotel" See Motel 11. 27 "Junk Yard" More than 100 square feet of the area of 'any lot used"for the storage of junk, including scrap metals, salvage 'or other scrap materials, or for the,dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. 11. 28 "Lot" See Building Site 11.29 "Lot Front" rhe narrowest dimension of a lot ! fronting on a street. 11.30 "Lot Side" Any lot boundary not a front or rear lot line. 11.31 "Lot Line" A line separating the frontage from a street; the side from a street or adjoining property; the rear from an 'alley or street or adjoining property. 11.32 "Lot-Through" A lot having, frontage on two parallel or approximately parallel streets. 11..33 "Non-Conforming Use" A building or use that does not conform to the regulations for the district in which it is situated. 11. 34 "Parking Space" An accessible and usable space on the building site at least nine (9) feet by twenty (20) feet, located off the street for the parking of automobiles. 11.35 "Person" Includes any individual, city, County, or city and county; partnerships, corporations, cooperatives; ,'association,-trus:t or any other legal entities~including the Federal Government. 11.36 "Professional Office" An office for the conduct of anyone of the following uses: Accountant, architect, attorney, chiropractor, optometrists, chiropodists, .designer, draftsman, engineer, surveyor, dentist, physicians and surgeons, and other similar uses in the opinion of the Planning Commission. 11.37 "Rest Home" Any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California. 11.38 "Rooming House", See BoardingHouse. 11.39 "Sanitarium" A health station or retreat or other place where patients are housed, and where treat- ment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. 11.40 "Service Stations" ,A service station, shall mean an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, 'charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building: lubrication of motor vehicles; brake servicing, limited to servicing and replacement of brake bylinders and brake shoes; wheel balancing; the testing, adjustment and replacement of carburetors, engine tunings, coils, condensers' " distributor __u._ caps, I:an belts, filters, generators, GJ points, rotors, spark plugs, voltage reg- :J> ulators, water and fuel pumps, water hoses ~ and wiring. 11. 41 "Setback Lines" A line established by this ordinance to govern the placement of build- ings or structures with respect to lot lines, streets or alleys. 11.42 "Side and Front of Corner Lots" For the purpose of this ordinance the narrowest frontage of a corner lot facing the street is the front, and the ,longest' frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces. ' 11.43 ."Sij:!;ns" Any advertising display or structure. 11.44 "Street" A public thoroughfare accepted by the City of Arroyo Grande, which affords principal means'of:access to ,abutting property, including avenue, place, way, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein. 11.45 "Street Line", The ,boundary between a street right-of-way and property. 11.46 "Structure" Anytning constJ:'llcted or e:r-ected, the use of which requires location on or in the ground, or attachment to something having location on the ground, 'including swimming pools, excluding driveways, patios, or parking spaces. 11.47 "Structural Alterations" Any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. 11.48 "Trailer Court" ,Land ,or ,premises used or intended to be used, let or rented for occupancy by one or more trailers or movable dwellings, rooms or sleeping quarters of any kind. 11.49 ''Use'' The, purpose for which land or a building is designed, arranged or intended or for which either land or building is or may be occupied or maintained. 11.50 "Use-Accessory" A use incidental or sub- ordinate to, and, devoted. exclusively to the main use of a lot Or a building located on the same lot. 11. 51 "Yard" An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as other- wise, permi tt,ed in, Section 5; 11.52 "Yard-Front'" A yard extending across the front of ,the lot between the 'side yard lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any setback line has been established for the street upon which the lot faces, the front yard measure- ment shall be taken from such set-back line to the nearest line of the building. ~ ._~--_.--- 339 11. 53 "Yard-Rear" A yard extending across the full width of the lot and the nearest line of the main building. 11. 54 "Yard-Side" A yard between the side line of the lot and the nearest line of the building and extend,. ing from the front line of the lot to the rear yard. SECTION 12. INTERPRETATION 12.1 Except as specifically provided herein, this ordinance shall not be interpreted to repeal, abrogate, annul to in any way affect any existing provision of I , any law or ordinance or regulations or permits I previously adopted or issued rel~ting to the erection, '- construction, moving, alteration or enlargement of any building ,or improvement; provided however, in any,instances where this ordinance imposes greater restrictions upon the erection, construction, establish- ment, moving, alteration or improvement of buildings or the use of any building or structure that is imposed or required by an existing law, ordinance or regulation, the provisions of this ordinance shall control. 12.12 Whenever the Planning Commission of the City of Arroyo Grande is called upon to determine whether or not the use of land or any structure in any, district is similar in character to the parti- cular uses allowed in a district, the Commission shall consider the following factors as criteria for their determination: a. Effect upon the public health, safety, and general welfare of the neighborhood involved and the City at large. b. Effect upon traffic conditions. , c. Effect upon the orderly development of the , area in question and the City at large in I regard to the general planning of the whole community. SECTION 13. ENFORCEMENT PROCEDURE AND PENALTIES 13.1 It shall be the duty of the Building Inspector of the City of Arroyo Grande to enforce the provisions ordinance pertaining to the use of land or buildings and the erection, construction, reconstruction, moving alteration, or addition to any buildings or struct~res. Any permit or license of any type issued by any department or officer of the City of Arroyo Grande or the County of San Luis Obispo in conflict with the provision of this ordinance is hereby declared to be null and void. 13.2 Any building or structure erected, constructed, latered, enlarged, converted, moved or maintained contrary to the provisions of this ordinance and any use of land or buildings operated or maintained contrary to the provisions of this ordinance are hereby declared to be public nuisances. The City I Council may commence the necessary action or I proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided fpr in this section shall be in addition to any other remedy or remedies or penalties provided in this ordinance or any other law or ordinance. ._~--~--. ------- ....J' ......._ -- ......... ,~ 13.3 Any person, whether as p.inc;:ipal, agent, :J;.. employee, or otherwise, violating or causing ~ the violation of any of the provisions of this ordinance 'shall be guilty of a misde- meanor, and, upon~ conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for a period of six (6) months, or by both such fine and imprisonment. Any violation of this ordinance which is committed and continues from day' to day constitutes a separate offense for each and every day during which such violation is committed or continued. ! I SECTION 14 CIVIL DEFENSE - BOMB SHELTERS CONSTRUCTION, i AREAS IN WHICH PERMITTED - 14.1 Anything herein to the' contrary'notwith- standing, bomb shelters erected in accordance with Civilian'Defense requirements as to manner of, construction, may be erected at any place within property, lines, provided that they are constructed underground, and provided that they are constructed only after a use permit therefor has been obtained from the City Building Inspector. The City Building Inspector may make such requirements a basis for the issuance of such use permit as are' in his opinion in the best interests of the preservation of the various provisions ,of this Zoning, Ordinance and c'ompatible with the Civilian Defense program. SECTION 15 S!::VERABILITY. REPEALING CLAUSE AND EFFECTIVE DATE 15.1 If any provision of this ordinance or the application thereof to any person or circum- i stance is held invalid,' such invalidity shall not affect any other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are severable. 15.2 This ordinance shall take effect thirty (30) days after its passage, and within fifteen (15) days thereafter it shall be posted in three public places in the City of Arroyo Grande, to-wit: at the City Hall, at the Fire House, and at the United States Post Office, together with the names of the Councilmen voting for and against it. On motion of Councilman Lee, seconded by Councilman Jacobs, and on the following roll call vote, to-wit: AYES: Mayor Burt, Councilmen Lee and Jacobs NOES: None ABSENT: Councilmen Pence and Hartwig the foregoing ordinance was adopted this 9th day of Jan\lary, 1962. I I ATTEST: I CITY CLERK MAYOR --<-.<- ---. ....--- 34J STATE OF CALliFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ARROYO GRANDE ) I, MARGARET L. WILSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do I I hereby certify that the foregoing Ordinance No. 157 is a true, , ! ! full and. correct copy of said Ordinance passed and adopted - by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the 9th day of January, 1962. WITNESS my hand and the seal of the City of Arroyo Grande affixed the 10th day of January, 1962. City Clerk of the City of Arroyo Grande I I " I I ! i -'~-~.,._- .M' _,~..._