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O 095AN ORDINANCE PROVIDING FOR THE ~TABLISP~F/~T OF ZONES IN THE CITY OF ARROYO GRAND,E~ CALIFORNIA AND REGUZATING THE US~ OF t~ROP~TY IN T~!S ORD, lWA~CE, PROV_ID_/I'~.~_~iU~., z.~,o ANY' ORDINANC~ 'OR~?O..RTIO~S oE O~uz~n~um~ IN CONFLICT '-The' O'i~F council of the City,' of Arroyo G~ande does ordain. 'as: follows, ~ SEC. TI ~' a, ~rdinance shall be known as .~ Ordinan~e.o~ City of Arroyo Gr~n6e,- .. S~TION 2. :E. .' purpose of this ordinance is i.te and r, and use of buil~tr~, S%~'AC~UTM for resided'ce, , trade~ industry or other ~.,late and n,~m~er of sto~iee~ an6 size ~ other hereafter erected. 'or altered; determine ,ize of yards and .other open spaces; · 6~vide and limit the'density of population, and.for said' the City of Arroyo ~rande into zones of tach number,.., shape and~.a~ea. . as may be'deemed best suite6 ~ucarry out these regula'~'S-.~ a~d. provide f=~.'i!their enforcement. 'Further, such regulatio~ a~e] deemed necessary in order t8 encourage.the most.appropriate use of land; to conserve~'and stabilize the value of property~ to, provide :aSequat. e open spaces for' light and air and to prevent and fight.firee~ to prevent undue concentration of population~ to lessen.congesti°n on, streets; to facilitate adequate, provisions fo~ c'om~nity..u%ilitiee such as transportation~ water, eewe'ra~e, schools, parks:and other public requirements~ and to promote health, safety~ and the general welfare, all in accordance with'a comprehensive plan'; SECTION 3. -- D=INI~IONS~ For the purpose of this ordinance~ certain words and terms are defined as follows~ ACCESSORY BUILDING - A portion of the main building or a detached suhordinance building locate6 on the. sa~e lot, the use.~ · .°f which ia customarily incident %o that of the main buiidir~,..orj-,to the use of the land. ~nere a substantial part of the wall of an' accessory building is a part of the main building or where an accessory building is attached to the main building in a substantial manner by a roof~ such accessory building aha11 be counted as' part of the main building. ALLE~ -- A public or private way permanently reserved as a secondary means of access to abutting Proper~y. A'PARTMENT HOTEL - a building or portion .or contatn£ng~ both individual ~uest rooms or dwelling units,. APAR,T~E~T ~0USE- ~ame aa WDwelling, Multiplee.~ for BOARDING HOUSE- A building in which there 'ax,~, mt more than fiv,e ('5)i ~est rooms where :lodging with or provided fo~/compensation. ,,,, BUII/~NG -- Ar~ structure having a roof i],.bY, co~t'"~'- or walls for the housing or enclosure of persons, an~ ~hare a dwelling is separated ~ a' division wall each porti'0n~ of s~ch dwelling shall be deemed a se ~he BUI~IN~ HEI(~T .OF'- The vertical ad~oin~, curb level, to the highest point of ceiling,, stor~ .in. %he. case of a flat roofl ~ ~e deck line ~ ~d to. the me~ heist ~level between eves ~ ~e, of.:'~"~ble~ ~p or gambrel"r°of;,..proVided~ however~ that where .buildir~$ ere set back i~om the street~line, the .height. of 'the bui.lding maY. be' ,measm'e~ 'from the average ,elevation cf the finished lot g~ade at the' front of. th building. C~MP, T~AIL~ -- ~n~ a~ea or ~act of land. used c~ designed to accommodate, two (2) or n~re aurora°bile house %raiXex's, or twO (2) or nDre camping parties, including cabins, tents or other camping outfit~. COURT - An open unoccupied space~ other than a yar~ on the same lot with a building and bounded on two (2) or more sides by such building. COURT APARTMENT- One~ two or three multiple dwellings arranged a~ound two (2) or three (3) sides of a coup% whfch opens o~to a s~'eet. CURB LEVEL- The level of the established curb in front of the building measured at the center of such front. Where no curb level has been established, the City Engineer shall establisli such curb level or its equivalent for the purpose of this ordinance. D~r.~m~ - ~ b~ilding or portion ~sive- ly for residential occupancy., including one'fatalist and m~ltiple dwellinge~ but not including hotels or boarding DWEL~I~O UNTT - Two or more rooms in a dwelling apartment .hotel occupancy by one family for living ~r, eping purposes and'. having only one (1) kitchen, DWELLING, ON~-FAM~LY- A detached clusively by one (1) family. T~0-FAMXLY --A building designed for (2) f~m~liee, living' independently of, DWELLING, MULTIPLE - A buildi~g or portion !:d~eetgned- for oocup, az~.~.~ by: three (3) or more la,allies · of DWEM~NO, .OROUP - One or more buildings, two and one-haI~'(2~) stories in height,' containing dwelling ~Ate~, .~ and arranged' around two (2) or three (3) sides ~f a couv~ 'whi~"opens onto a street, including one-family, two-family, multiple ~wellings an~ court apartments. FAMILY -- An individual 0v two (2) or more porssne related ~y blood or marriage, or a group of not more t~ five (%) persons (excluding servants) who need not be related by blood or marriaget living togethor as a single housekeeping unit in a dwelling unit. ~RAGE, PRIVATE- A detached access~y b~ilding or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises. GARAGE, PUBIXC - A building other than a private garage used for the care', repair, or equipment of automobiles, or ~e~e such vehicles are parked or stored for remanaration, hive or sale. ~UE~T HOUSE- Living quarters within a detached accessory building located on the same premises with the main bUil~.ng~ for use by temporary guests of the occupants thereof; such -3- having no kitchen facilities and not rented ar other~iae used aa a separate dwelling. HOTEL -- A building designed for occupancy as the mare or leaa temporarty abiding place of individuals who are lo,ged-With or without meals~ in ~ich there are six (6) or more guest-roches, and in which no provision is made for cooking in ar~ indiv~dual~oom or suite · LOT - Land held under separate ownership and 0cc~p!ed or to be Occupied by a buildi~ or unit group, of buildings~. with such Y~ds, open $ paces, lot width and lot ar by this Ordinance, and having its p~incipal f~ontage The lines bounding a lot as horl -- The h~rizonta! diatance betweez lines, measu~,ed at right angles to the lot depth at a between the 'f~t and rear lot lines. rear lot lot - The horizontal distance betweez and measured in the mean direction of the line s. LOT, CORNE~ -- A lot not greater than seventy-five feet in width an~ situated at the intersection of two (2~:~'~or more atmeets havi.~g an angle of inte~s~on of not ~re %~n ~ ~ed ~t~ive .(13~) de~ees. ~T~ .R~S~ C~ - A CO~ lot~ the side s~e~ line of which is ~bs~tia~ a con~a~on of the ~ont lo~' line of the lots to i~ re~. ~T, [~Y~ -- ~ lot other t~ a eorn~ lot. ~T, ~ - ~e first lot to the ~e~ of a rev~s~ co.er lot and not sep~ate~ ~ an all~. ~T, ~ -- A lot ~ fron~e on t~ (2) p~el or appro~te~ p~lel s~eets. NO~O~O~ ~l~I~ - A bui~i~ ~ s~ct~e or po~ tion th~eof la~l~ existi~ a~' t~he time this ~din~ee be~e ~ective~ w~ch was desi~ed~ ar~t~ ~ s~c~r~ ~t~, for a use that does not co,cfm to ~e use reaCt'ions of the ~s~ict in ~ich it is l~ateA~ or a bui~ ~ s~e~e t~t ~oes ~t eon~ to ~1 the ~ight or ~ea re~ons of the ~ist~et in -4- which it is located. NON-CONFO~ING USE- ~ use which lawfully occupied a building or land at the time this Ordinance became effective and which does not conform with the use regulations of the district in which it is' located. PARKING SPACE, AUTOMOBILE- space within a building or public parking area for the temporary parking or storage' of one (1) automobile. SF~IVANT' S QUARTFRS - I/ving qusmters within~an· ac'eessory bui16~ng located on the same premises with the main building, for the sole use of persons employed thereon; such q ' no kitche, n..facilities and not rented Or otherwise used as dwelling~ · .~ - That portion of a building included surface 6~-'~ 'floor and the surface of the floor, or if there ~eih~t floor above it, .then the space betwee~ floor and the ~.~g n~xt above i~. Any portion of a .tory fourteen (14~' feet in height shall be considered as an story for ~a~h fourteen (14) feet or fraction thereof......~??: STORY, HAIF - A story .with at least two (2) of...its 'oppo- site sides situated in a sloping roof, the floor area of which does not exceed two-thirds (2/3) of the floor area immediately .$eIow it. STREET- A public or private thoroughfare which affords principal means of access to abutting property. STRUCTURAL ALTERATIONS --:Any change which would prolong the life of the supporting members of a building, such as bearing walls~ columns~ beams or girders. TOURIST COURT - A group of attached or detached buildings containing individual sleeping or living units~ designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently locate~ to each unit, in- cluding auto courts, motels, or motor lodges. TRAILER, AUTOMOBILE- A vehicle without motive power~ designed to be drawn by a motor vehicle and to be used for habitation or for carrying persons and property including a fmailer coach or house trailer. USE -- The purpose for which land or a building is a~r~nged designed or intended, or for which e~thar land c~ ~uilding is oz' ~ be occupied or maintained. YARD- ~n open space other than a coumtt on a lot~ unoecu- 'pied and unobstructed from the ground upwa~d~ except as otherwise p~ovlded in this c~di~ce. YARD, ,~RONT - ~ yard extending across the full width of the lot~ the depth .,~ ~hich is the minimum horizontal distance between the front lot and the nearest line of the building. - A yard extendir~g across the f~ll width of the lot between the .~n building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest part of a ma~n building toward the nearest point of the rea~ lot l~ne. YARD, SIDE - A yard, between a main building and the side lot line~ extending fro~ the front yard to the rear yard; the width of the requi~ed side yard shall be measured horizontallY f~om,the nearest, part of a main building toward the nearest point Of the side lot · Words used in the p~esent tense in the singula~ number include the plural; include the future~ words and those in the plural number include the singular. The word .building" includes the word -structure"~ and the word ,,Sb~l 1" is mandatory and not directory. The term ,'Council" when used shall mean the City Council Of the City of Arroyo ~ande and "Commission" shall mean the City Planning Co~- mission of the City of arroyo ~ande. The word "City~ ~hen used shall mean the,incorporated City. of Ax~oyo ~ande. S~TION 4 - ~ON~ .~ND BOUNDARIE~ THEE~0F -- YARDS. ~. ZONF~ - ~n order to car~y out the purpose and sione of this ord~,~ee the City is hereby divided, into seVen (7) zones ! k~OWll ae ~ "RI" - 0ne-i~milY zone, "~2" -- Two-ffamily z~e', -P~' -- Multiple Dwelling, Zone.. "CI" -- Limited Co~e~e~al-Zone. -6- "C2" - Commercial ~one "MI" - Limited Industrial Zone "M2" - Light Industrial Z'one The zones aforesaid and the boundaries ef such zones are ~hown upon a ~ap attache~ hereto and made a part cf this O~dinance~ being designated as the "Zoning Map" and said map and all the nota- tions., reEarences and other information shown thereon shall be as muc~ a part of this Ordinance as if the matters and information set forth by said map were all fully described herein. B. ZORrE BOUNDARIES. Where uncertainty exists as to the boundaries on any zone shown on said "Zoning Map~" the following rules shall apply:~ 1. Street, Alley or Lot Lines - Where the indicated zone boundaries are approximately street, alley or lot lines, such ~ltnes shall be construedcto be the boundaries~ otherwise sush bound- aries shall be determined by use of the scale appearing on the zoning map unless specifically indicated by demensions. 2. Determination by ~ommission - where uncertainty exists, the Commission shall: by written decision determine the location of the zone boundary. 3. Vacated Street or Alley - Where a street or alley is officially vacated the property formerly in said street or a'lley shall be included within the' zone of adjoining property or either side thereof. In the event said street or alley was a boundary between two or more different zones, the .new zone boundary shall be the former, center line of such vacated street or alley~ C. BUILDIATG LIS~FS - The front yards and side yards along the street side of a reversed corner lot may be shown upon a map desig- nated as "Building Line 51ap" and upon adoption by the Council said map and all notations, references and ot~er information shown thereon shall become aa much a past of this Ordinance as if the matters and informa- tion set forth by ~aid map were all fully described herein. SECTION 5 - CONFORMANCE TO ZONE REGULATIONS EXCEPT AS H~RE~FTER PROVIDED: - A. USE- Fo building shall be hereafter erected, reconstructed, altered~ enlarged, moved~ or maintained, nor shall any building or land be dsed, disigned or intended to be used for 'any purpose otlQer that is permitted in the zone in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and ordinance. B. HEIGHT- No building shall be hereafter a~meted, nor shall any existing building be moved, reconstructed, altered, enlarged, or maintained to exceed the height limit established for the zone in wh%ch such bu~ldingis located. C. ~a_REA-- No building shall be hereafter erected, nor shall any existing building be moved, reconstructed, altered, enlarged, or maintained, except in conformity with the area regulations of the zone in which it is located. No lot area shall be so reduced, diminished or maintained, that the yards, ot~er open spaces or total lot area shall be smaller .......... ~than prescribed by this ordinance~ nor shall the density of populat{on be increased in any manner except in conformity with the area regula- tions of the zone in which it is located. No required yard or other open space provided around any building for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for .any other building; nor shall any required yard or other open spsce on an.adjoining lot be considered asypr~viding a yard or open space on a lot whereon a building is to be erected. E?~ybuilding hereafter erected ~hal~c~ee~ocat~Ilo~ a lot .as herein defined. In no case shall there"be more than one (!) main ~residential building and its accessory buildings on one (1) lot. Group dwellings, court apartments, and a unit group of dwellings may be considered as one (1) main residential building. No building permit shall be issued for a building on a corner lot when such building is to be o$iented in such a manner as to reduce the front yard requirement on the street on which such corner lothas its frontage at the time this ordinance 'became effective. SECTION 6. - "R~" ONE- FAIIILY ZOhq~ REGULATIONS. A. USES PERMITTED ~ 1. One family dwellings~. 2. Schools, elementary and high, with open space as required ~in Section 1S-B-2. ]. ~l'~urohes, with open spaces~ required in Section 13-B-2. -8- 4. Parks, playgro~nds or community centers, owned and operated by a governmenta~ agency. ~. Farming and truck gardening, including th& keeping 0,f poultry, rabbits, cows and goats, provided ~a) that farming, truck gardening and the keeping of poultry or rabbits shall not i'nvolve the sale of products or commodities raised on the premises, except on a lot having an area of not less than thirty thousand~ (30~000) square feet, in which case such use shall be incide~t to the residential use of property, and no retail stand or other commer- cial structure shall be located thereon, and ~b) that cowa or goata shall not be kept for commercial purposes. 6. Transitional uses shall be permitted as follows: ~ Ca) ;% two family dwelling on a lot in the "iAI" Zone khere the side of such lot abuts upon a lot in the "R3", commercial or i~dustrial zone. Further, the area rec~uirements for such two family dwellings shall be the same as in the. "R2" Zone. (b) A home op~dpatien or the office oF a physician or dentist, on a lot in the "Rl~ Zone where the side of such lot abuts upon a lot in a commercial or industrial zone, provided such use is conducted within a one family dwelling and the residential character of ~such d~lling is not changed. (c) P~vided that no transitional use shall extend more J~ha~ fifty (~0) feet from the boundary of the less restricted zone which t~ ~djoins. 7. Uses customarily incident to any of the above uses, including the o~fice of a physician, dentist, ~.~inister of religion, or etcher person authorized by law to practice medicine or healing provided (a) that such office is situated in the ~mm~ dwelling unit as the home of the occupantS (b) that s~ch office shall not be used for the general practice of medicine, surgery, dentrist~y, or hb~uI~ ~ther than as a religious vocatio,n, bu~t may be used ~or consultation and emergency treatment as an adjunct to a principal officeS and (c) that there shall be no assistants employed. 8. Accessory buildin~ and uses, including a private garage,. recreation room, guest house, servants' quarters, provided tha.~ no guest house or servants' ~uarters is local-ed bna lot having an area of lees than ~000 square fee%, and provide~ further, that · de~ached accessory building shall be located not leee %hen seventy (?0) feet from the front lot line nor lees than five (~) feet from any other street line, Servante' quartered' gust houee~ recreation room, and. · a private garage or any combination of such.uses may be ir~luded in one building of one o~ two stories in height.. 9. Name plates and signs as followes One unlighted name place for each dwelling unit, not exceeding one and one-half square.feet in area~ indicating ~the r~me of the occuPant,~.or the occupation, in the case of those specified in paragraph 6 of subsection; ..one. unlighted identification sig~ not exceedi~ twelve ~12') square:feet in area for bulldLuge o~hex' ~cne Church bull~tXn 'board, not exceedAng twelve ~12) ~t in area~ and unlighted ~eign or signs not exceeding a total area ~:~WeiVe (12) square feet, appertaining to the prospeative rental or S~e of~ the property on which they are located. No other name pla~e Or edVe~- tieing sign' shall be permitted. B. BUILD~N~ HEIGHT LIMIT Two and 'one-half (2~) stories and not 'exee~ ~tY-fLve (~%) feet, eXCept as otherwise p~ovided in Section I~A, C. ARE,'t R~UI!R~'.~EirI'S. 1,. Front Yards - A front yard having a depth of not less than the average depth of the front yards of the property ~:eved with buildinge in the block or not less than that speeifie~ on a "Building Line Map.~ ehall be provided and ma~ntaine~l. 2. side Yards -- a side yard shall be provided and main- ts/ned on each side of a main buildir~, Such side yard shall be not lees than ten (10) per cent. of the width of the 10t~ but need-not exceed five (%) feet and shall not be lees than three (3) feet An 3, Rea~ Yar~ - There eha11 be a rear yard of not lees tha~ twenty--five (2%) per cent of the depth of the lot but such.rear Y~d need not exceed twenty--five (2~) feet. · . Lot Area - Every lot shall have a mir~,m,m average width of fifty (%0) feet and a minimum area of ~000 square feet. ~he - 10- mlnim~n lo% area per dWellin~ unit shall also be %~000 square fee%~ except fop a transitional dwelling use. Where a lot has a ~idth of less than fifty (%0) feet or an area of'~less, than'~000 equate feet and was held unde~ separate owner-- ship or was of record at the time this ordinance became .e~feetive~ eaAd lot may be ocoupted by ar~ use pe~mitted~ in ~bis section. Fol,..Area exceptions 1-sfer to section SEOTION' .7 -- -R2" --TwO--MI~ ~welling zone Regulations; 1. ,%11 uses pex~nitted in the' ,'R1- Zone. ltional uses shall be permitted aS (a)j ,,, 'multiple dwelling on a lot in an "R2~ whe~'e the side upon a lot in a commerc Furth~ ~ ,~equirements for such ~'ltiple dwellings shall be (', A home ~cupation or the offioe of a physician o~ dentist~ a lot in the "R2" zone Where the side of such lot abuts upon a commePcial o~ indust~ial zo~a~ l~ovided condaet~I one famil~ dwelling and the ~esidential oha~aote~ of such dwelling is not changed. (~] Provided that no~raneitio~-~ use shall ~exte4~ ~o~ than fifty (~0)' feet from the boundary of the less ~estrio~e~'Z'~ne a~ sins. 4. Uses customaril~ incident to any of the above uses! aeoesecrybulld ngs~ and name plates and ~igns - same.aa p~ovid~t'for in ,'ltI~ Zone~ Section Two and one-half (2~) sto.-iss and n~t exeeedir~ thl~tF-five (3~) fset~ except as othe~wise p~ovkded in Section 14--A. i. F~ont Yards - ~ame as required in the "~1" Zone~ seetion 2. ~ide yards - Same as ~equi~e~ tn the "~.l" 2~ne~ seetion - 11 -- Rear Ysx'd - Same as required in the "Ri" Zone, Section of fifty (~0) feet and a minimum area of %,000 square feet. ~,m lot area per dwelling unit shall be %,000 square feet~ for a transitional dwelling use. Where a lot has a ~idth of. less than fifty (%0) feet or an area of less than %,000 square feet and was held under separate owner- ship or was of record at the time this ordinance became effective, said 10t ~may be occupied by ~ny use permitted in this section. For a~ea exceptions refer to Section 14-B SECTION 8 -3'R3'! MULTIPLE DWELLING ZONE REGULATIONS · . ~ PERMITTED 1. All uses permitted in the "Ri" and "R2" Zones. 2~ ~oup Dwellings. 3. Multiple Dw~llings.~ , 4. Court Apartments. %. Hotel or Apartment 6. Boarding Houses. 7. Fraternity or Sorority Houses. 8. Privste Non--profit Clubs or Lodges. 9. Muse,,m- or ~ibraries owned and operated by a govern- mental agency, with open spaces as ~equired in Section 13~B-2. 10, Hopsitals or Sanitariums (eXcept anima/ hospitals~ clinics, a~_d hospital or sanitariums for contagious, mental, or drug or liquor-addict cases), with open spaces as required in' Section 13~B-2. 11. Transitional use shall be permitted as follows~ (a) A home occupation or the office of a ph~sician or dentist, on a lot in the "R3" Zone where the side of such lot abuts upon a lot in a commercial or industri,al zone, ~rovided conducted within a one-family dwelling and the restden~ta~ character of such dwelling is not changed. 12. Uses customarily incident to any of the above uses; accessory buildings - same as provided' for in "RI" Zone ) ,? Section ~-A. Lot Area - EVery lot shall have a minimun 'average width The min-- except 13. ~ame plates and signs - same as provided for in "RI" Zome, Section 6-A except that one lighted i~gificatt-on sign may be .displayed for multiple dwellings, hotels and for bUildin~R~,~l~er than 1. Section (r-C, 1. 2. dwellings. B. ~XXLDi'N~ HE~G~Fr LIMIT Three (S) stories and no% .exceeding forty-five (4%) feet except as otherwise provided in Section 14-A. AREA R~UIR~ENTS. Front yar~s -- Same as required in. the "Ri" Zone, Side Yards - Same as required in the "RI" Zone - See- tion 6-O-1, except that for three (3) story buildings, one (1) foot shall be added to the width of each required side yard. 3. Rear Yard - Same as required in the "R1# Zone - Sec- tion 6-0-2. Lot Area - Every lot shall have a minimum average'width of fifty (%0) feet and a minimum area of %,000 square feet. The min- imum lot area per dwelling unit shall be seven hundred and fifty (?%0) square feet. Where a lot has a width of less than fifty (%0) feet or and area of less than %~000 square feet andwas held under .separate owner- ship or was on record at the time this ordinance became effective, said lot may be oct~pied by any use permitted in this section. Provide~ however~ that none of the above regulations shall apply to hotels when no cooking is done in amy individual room or suite. For area exceptions refer to Section 14-B. SECTION :9 ~ "Ci" - LIMITED COMMERCIAL ZONE REGULATIONS. A. USES PERMITTED. 1. /Ail uses permitted in the "RI", "R2" and "R3" ~nes. 2. automobile service statton~ includfnglubrication~ wash - ing and repairing (except body and fe~der work)~ 3. Automobile parking or' ~torage garage.' Barber Shop orbe~utyparlor~ - 13 - ?. Book or stationery store. 8. Clothes cleaning agency or pressing establishment. 9. Confectionery store. 10. Dressmaking or millinery shop. 11. Drug store. 12. Dry goods or notions store. 13. Florist or gift shop. 14. Groceryi fruit, or vegetable store. 1%. Hospital, sanitatiims or clinics (except animal'.hos- pitals or sanitariums for contagious, mental, or drug or liquor addict cases). 16. Hardware store. 17. Jewelry store. 18. Laundry agency. · 19. Mea~market or delicatessen store. 20. Offices, business or professional. 21. Motion picture theatre. 22. Photographer. .23. Restaurant or cafe (excluding dancing). 24. Shoe store or shoe repair shop. 2%. Tailor, ,clothing or wearing apparel shop. 26. Other uses which in the judgement of the COmmission, as evidencedby a resolution in w~itinga~ similar to and no more objectionable than any of those enumerated above. Ail stores~ shops or businesses specified in thisL sebsec- tion, or hereafter authorized by the COmmission, shall be retail establishments on/y. 27. Uses customarily incident to any of the above uses, and accessory buildings. B. BUILDING HEIGHT LIMIT. Three (3) stories and not.exceeding'forty-five (4~) feet, except as o_therwise provided in Section 1~-~. C. ARFA REQUIRI~ENTS. 1. Side Yards -Where the side of a lot in the "Cie Zone abuts upon %he side of a lot in an "RI', "1~2" or "R3" Zone, there - 14 - shall be a side yar~ of not less t~a~ ten (10) percent of the width of the lot, but such side yard need not exceed five (5) feet and shall not be less than three (3) feet. In all other casee~ a side yard for a cm~.er~ial building shall not be required. Buildings hereafter ores,ed and used exclusively, f0~ re- sidential purposes shall comply with the side yard regulations 'of the "R1. ~ie't~iet- section 6-O-1. 21~ Rea~ Yard - There shall be a rear lees than t ant~:;:~20) per cent of the depth of the lot, but yard need ~0%. exceed twenty, (20) feet. 3j~ Lot Area -- Buildings he~eafter orected elusively .~ purposes shall Comply with the #R3" ~one - Section 8-0-3, ' A~ea exceptions refe~ to Section i~-B. SECTION 10 ~. ~C2' CO~CIAL ZONE RE~ATIONS. AJ' USES 1.. All usee per. it,ed in the "RI", Zones. 2. Retail Stores or businesses. 3. A~ve~tieing'signs or structures and billboards.' 4. ~,sement enterp~ises~ l~ludinga baseball Park~ pool hall, bowlin~ alley~ boxing arena~ ci~cus~ like. ?. non-explosive~ and non-inflammable at temperatures below 138.~ degrees fah~enheit. dance hall and the Automobile Service Station. Blueprinti~ or Photostating. Cl~ing establishment, using cleaning fluid which is 8. Feed or f~el sto~e. 9. Hospitals or sanitari,,m, (except animal hospitals). 10. Ice storage house, not more than five (%) to~ capacity. 11. Medical or dental Clinic and laboratories. 12. ]~ortuary or Undertaking establishments. 13. l~ara e~y. station, fire 18o 20, . ~22. 1~. P~inting, litho~Tapking or publishing. 16. Public Garage, including automobile repairing, and incidental body and fender work, 'pa/nting or upholste~[n~o ~ublio Servtoes, includin~ ~leotric distributing sub- or police station, telephone exohangeand the like. Sign painting shop. Storage building f6r household goods,~ Studios (except motion picture). Tourist court or public camp. Upholsterin~ shOp. Other uses, ~hich, in the J~ a resolut/on tn w~iting are si, than any of those mentioned above. Uses customarily incident to .any of and ocessery buildings when located on the same - -~:l~ovided that there Ikall be no no inure uses compounding, processing or treatment of ~han that which is cle~ly incidental and essential to a retail, store or \ inees and ~here all such products are sold at retail' on the p~emises. B. HIILDING HEIGHT LIMIT. Three (3) stories and not exceeding.forty-five (4~) feet, except as otherwise provided in section 14-A. C, ARE% REQUIR~F/~TS. ~ 1. Side Yards - S,=me aa required in the.. :"C1" Zone - Seotion 2. Rear Yard - There shall be a rea~ yard of not less than twenty (20) per cent of the depth of the lot, but.such rear yard need not exceed twenty (20) feet. ~ovided, that where;the rea~ of a lot in the "C2" Zone abuts upon the s/de or rest.of a lot .tn the "CI", "C2", "MI", or ~" Zone there shall be a rear yar~/'~ of not less than ten (10) feet. Buildings hereafter' erected and ueed..~exclustvely f~ residential purposes shall comply with the rear ya~ ~egulatione of the "Ri" Zone - Seotion 6-C-2. 3. Lot Area - Buildings hereafter e~eeted ~nd used exolu- etvely for dwe!l~ng purposes shall comply .with t.he let area l;equire- - 16 -- merits of the "R3" zone - Section Fox' Ax.es exceptions x.efex, to section 14-B. SECTION 11- "MI" LIMITED INDUSTRIAL ZONE RE~ULATIONS- USES PE~MITTurn. ~11 uses permit%ed in the '"Ri'!~ -R2"~. "P.~e'~ #C1"! and "C2" zone s · 2. Animal hoepita.1. 37 Automobile patntfng~ re-building, ,and fe~der wox'ke$ truck repairing or over--hauling*,:, 4. Bakery~ wholesale · · 6.: Cleaning and d~eing plant. oning, Distributing plant (except Petroleum Feed ar~ Fuel yard. Food prodacts manufacturer except fish~ ,'and ,meat. products~ Sauerk~aout, Vinegar, yeast md ,the rendering or re ~ng of fats and oils. 11. Fruit or vegetate packing plant, 12. Ice an~ col~ storage plant. 13. Laboratoryt experimental and the like. 1~. Lumber 7erdt building material storage Yar~ m- plant. 1~. Machine Shop or Blacksmith Shop. 17. Public utility service yard, electric x. eeeiving ox' t~aneforming etation~ 18. sheet metal shop. 19. ~erehouse or stox'age building. 20. ~holesale business. 2I. Trucking yard er term~~ · 22'. Other uses which in the Judgment of the Cc~ ssion aa evidence~ by a re~olution in writing ax.e e~m~lar to and no mo~e objectionable than those enumberate~ above. 2~. Uses customarily incident to the aboVe~ uses~ and - 17 - B. ~JILDING HEIGHT LIMIT. Three (3) stories and' not exceeding forty--five (4~) feet, except as otherwise provide~ in section C. AREA REQUIR~ENTS. 1. side Yards - Same as requi~ed in the "CI" Zone - Section 9-O-1. 2. Rear Yard -- Same as required in the "C2" '~zone Section' 10-C-2. 3. Lot ~rea - Buildings hereafter .ereeted-an~ used exclusively for dwelling lX~oses shall comply with lot ames requirements of the "R3" Zone - Section '-F~r Area exceptions refer to Section SECTION~ 12-' ~,M2" LI~HT INI~STRI~L ZONE R~IAT/OI~S, A~ USE~ PEI~i~T~D. "-[' 1~ ~11 uses permitted in the "RlW~ "R2%:.I wCI'~ "C2" and ,~tl" Zones. 2. ,Any other use except those uses which are ~ ma~ bec~ne obnoxious or offensive bY reason of the emission of odor, dust~-emoke~ noise, gas~ ~:~es~ cindars~ vibration~"~'%~ase matter, or water carried wast% as determined by the CommissiOn,~ 3. Uses ~usto.~ily incident to an~ of t~e above 'usee~ and a~oessory buildings.' B. BgILDI~ HEIGRT Th~ea (3) stories and no% exceeding foal-five (4~) fee%~ except as o~her~ise provided in Section I~-A. Co ARE~ RE~F~R~ENTS, 1, Side Yar~e -- ~me as required in the "C1' Zone - section 2. Rear Yard - Same as required in the "C2' Zone - section 3. Lot Area - Buildings 'hereafter erected'and used ex- elusively for ~welling purpo'ses shall Comply with %he.:lot area requirements of the R3 Zone - Section 8-0-3. For' A~ea exceptions refer to section i~-B.-.~. SECTION.13, GE~L ~ROVIS~ONS, . - 18 - ~o USE, lo AutomoBile Parking~ ~pace- ~ere shall be ~ov~ded at the time of the e~eetio~ of ~ ~ ~il~ o~ at the time ~ m~n bUil~ is enl~g~ or ~rease~ off~s~eet ~rki~ acco~a~.ona ~ ad~uate p~sion for i~ess ~d e~ess by a~d size ~tomobile~ as ~d "~" Zones, there s~ll be at least one ~.~hi~ space ~ a ~i~te. g~age of on ~e s~e lot ~h the rain buil~ ~ each, ~we~i~ of a new ~il~ .or 'for each d~ll~ the case ~-~: (b) FOr Buildings *ther Than Dwellings high ecl~ool,~ college and university ~,dit~riu~s theatres, stadiums, and other similar place erected or for the increase in seating capacity l~ildings Or~ structures~ there shall be lot or not more tha~ three hundred (300) feet therefrom, ~at least one (~) pe~na~ently maintained parking space containing ~W0 hundre~- f~fty (2~0). square feet for every seven (?) seats provided in said b~ildings c~ str~ctures. ~uch parking space ahA~,~ be.:~l'faced or otherwise developed ,in a manner approved by the C*~:'~ion,.- B, AR~ 1. ~roup Dwallir~e Rearing c~ ~de Yarde~-:Dwellinge me~ be a~anged to rear upon side yards or have 'thei~ service e~tra~cee opening thereon, provided the following regulations ~e ~omplie4 (a) In the case of group dwellings or ,co~: apartments, the required~ side yards shall be increased by six (6')' LUChea for each dwelling unit or portion thereof abutting such ai~e yard~ but such side yard need not exceed aeve~ (?) feet., width of the court shall not be lees that three (~) ~ width of the side yar~ required in this provision, (b) ~n the case of a unit group of d~wellinga including one--fa~l~ two-family or multiple '~wellin~ , and one half (2~) stories in height, arranged so as to rea~ upon one side yard and front upon the other~ the width of each such side yard shall be not less. than twenty (20) per cent of the width of the lot. (c) In the grouping of dwellings as permitted ~n this paragraph, the minimum distance between detached d~11ings shall not be less than ten (10) feet~ end the front and rear yard re- quirements for lots in the district in which such are enlarge.d, or used for a church~ hospital~. librar.j~,'museum, or other similar use permdtted regulationS of this Ordin~__nce unless such church museum is l~cated at least tea (10) feet frc~ the : institution~ use or line of adjoining p~operty in.an ,~tl.~ "R2" or"R3~,,~e~ and' such hoepital~- eanita~ium or othe~ similar inStitution ~,S;.:l~cated at least tWenty-five (2%) feet from said lot or houndar~:~, line, Provided further~ that no required front yard~ nor any aide yard as required abOve~ shall be used for the psmking of automebiles.' 3, Location of Accessory Buildings- Where servants, quarters, guest house,~-recreation room, and a' private ga~,age or, any combine%ion of such uses are included in one building~ that portion thereof designed for servents' qua~%e~e, guest, house or recreation room shall not be located nearer than five (%) feet 'to any lot line. No accessory building on a reversed corner lot shall pro, eot beyond the front yard line required on the key lot in the rear, nor be located nearer then five (~) feet to-the side lot line of such key lot~ provided~ however, that sUch accessory bUilding need not be located more than twenty side street line of a reversed corner lot, SECTION 1~, EXCE~TIONSo ~. HEIG"~IT. (20) feet from the structures Permitte~ Above HeiSt Liml~TM Penthouse - 20-- or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and main- tain the building~ and fire or parapet walls, sk~lights~ towers, steeples, roof signs, flagpoles~ chimneys, smokestacks, wireless masts, water tanks, si~os, or similar structures may b'e erected above 'the ~height limits herein presc~ibed~ but no or roof struotu~'e, or. any space above the 'height limit for ~s of providir~ usable floor space. ~ AR EA. ~ront an~ ~ide Yar~s Waived - The yar~ s~all be waived where dwellings, houses the ground floor of a ~aid is designed exclusively for depth Rear Yard- Includes One-~a~ Alle~ yard where such yard of ~Ach alley may be'. assumed to' be: the the required.~r ea~ yard. . . 3. Rear arfl side Yar~ -- Accessory Buildi~;i.~: An asoessc~y building not exceeding one '(1) Story nor fourteen C[4) feet iu~ height may occupy not more than fifty (%0) per cent of the area of a required rear yard, wovided that (a) inthe "R~ and "R2~ Zones~ where a portion of tach accessory building is located 'in the ~ear of a main building~ it shall be at least fifteen (1%) feet theref~om~ (b) in the "R~" Zone, where a ~ortion of such accassory building is looate~ directly in the rear of a main building, it shall be at least ten (10) feet therefrom~ (c) in the "Rl% "R2~ and .R~~ Zonee~ where such accessory bAilding is so located in the rear yard that no per, ion thereof is directly in the rear of a main.~ilding it shall be at least five (%) feet therefrom; and (d) in:the "RI~ and "R2" Zonee~ such accessory building, or portion there~maF be located in a side yard if situated at least seventy (?0) ffee~!:-~$~' the. l~ont lot line and at least five (%) feet frxa Both the ,~n building and the side. lot line. In no case, however, shall a two (2) 8to~.jaeceasory build-- lng occupy any part of a required rear yard nor be leda%ed nea~e~ ~ five (~) feet to a~ lot Mne. 4, ~t ~ea -- ~deS ~f A~-- ~n c~u~ the lot ~ ~ a lot ~ich a~ts upon ~e ~ more alle~ ~ (~) ~e' ~d~'~ ~ch ~1~ or alleys ~ be asked to be a p~ ~ - the lot, ~,. Through Lot- ~,ecesec~y ~Ail~l~g- An accessory bailding n~ e~e~ng one (1) et~y~ ~r ff~teen'(14) feet ~i~t ~ be l~a~ in ~e ~ ~e r~ui~ f~ y~s ~ a ~' lOt~ if such ~ i~ Set bask f~ the-ff~nt lo% 1~ a ~8~:e of not ~s8 than' ten. (10) per cent of the depth of the lot and at/'leaet Five (~) feet f~om any side lot line. 6. ~o~ections rnto Yards. (a) cornices, eaves, belt course~, siXl~:~ '~anopieS, cr other similar a~chiteetural feata~ee (not inclu~ingb~V Windows) may extend{ Or'p~ojeet into a required side yar~ not inches ~0~' ~aoh one (1) foot of width of mob side ext~ndf~ p~o~eet into a required t~c~t or rea~ .and may more than thirty'.(30) inches, Chimneys may also p~o~eot ~de ~-r~'Y~ not ~e t~ ~e (1) such side y~i8 ~t r~c~ ~ less si~e ~ ~ ~ not ~e th~ fo~ (~) fee~, not c~ by a roof ~ o~opy~ ~ch do ~ e~e~ able ~e level ~n~ side ~ r~ ~d~ or in~ a eo~t~ not ~e ~ six (~) ~ee~. lt~al f~es~ ~ be l~ated .~ ~n~in~ .at a h~ght off not ~e ~ t~ee ~d ~'~' (~) feet above the average ~o~ 1~ a~ent there~ ~d~, that an openwork t~pe railing not mo~e than three a~d ~ne- - 22- half (3~) feet in height may be installed or constructed on balcony) stairway, porch, platform or landing place mentioned above in sub-paragraph (c) and (d). (f) A fence, lattice work screen, or wall) not more than six (6) feet in height, or a hedge or thick growth of:bhrube or t~eee, maintained so aa not to exceed six (6) feet in height,, may be located along tlxe side or rear lot line) provided th~ ~o. into the sid~ yard required along the side street on · ) which in. thi;a?'ease shall also include that portion street wherein ae Prohi- bi%cdc abo~t two A. 1. (g) None of the above structures or as to preclude complete building. Gates or other e-half (2~) feet in width shall be s~ll be so all times at least aa p~oviding NON-CON~ORMIN~ BUILDINGS AND USES. NON-CC~FO~MING ~UILDIN~S. Maintenance permitte~ -- A non-conforming building may be maintained) except aa otherwise provided in this section. ~ 2. Repairs -- Alterations -- Repairs and alterations may be made to a non-conforming buildin~ provided that ina~bui~k~ing or structure ~hich is non-eonforming,as to use regulati'ons) no strue- rural 'alterations shall be made except those requ~z.e~% by luw oz' ordinance, 3- ~dditione - Enlargements - Moving, shall (a) A building non-conforming as to use re~Alations not be added to or enlarged in any m~e~ unless such.building~ eluding such additions and enlar~nents~ are made to confform to all the regulations of the zone in which it ia located, (b) A building non-conforming as to height or area regu- lations, shall not be added to or enlarge~ in a~V manner ur.less such addition or enlargment conforms to ~ll .the re~lati~one of the zone in which it is located. (c) No non-conforming building shall be moved in whole or in ~art: t~ an~ o~her location on the lat unless every portion of - 23 - such buildir~ is made to conform to-all the-regulations of the zone in ~A~ich it is located. ~. Restoration Damaged Buildi~s --~ non-conforming b~llding which is damaged or partially destroyed by ffire, flood~ wind, earthquake, or other cal=~ty or act of ~od o~ %he lmb~c enem~I to the extent of not more than fifty (%0) per 'cent of its value at ~at time,May be reatore~, provided the ~otal coat of such restoration does not exceed fifty (~0) per cent'~'$f the value of auc~/non-conforming buildi~ or structure, no recon- atr~cti~O~· shall be made unless every portion of sueh?~llding is made .to"confor~n to all regulations for new b~ildings(iin the acne in which it is located. B. ~I~CONFORMIN~ USE OF B~XLDI~S. 1. Continuation a~d. Change of Use -- Except'aa otherwise provided in this sub-soction~ (a) the non-conforming ~ae of a l~ilding~ existing at the time this O~inance hoca~:~feetive, may be C°nti~Aed~ (h) the use Of a nor~-eonforming bUt'l~ing may he changed to "a use of the ~e or more restricted cla~LTi~ation. ·here ~he uae of a non-eonformi~ building is hereaffter chauged' to a u,se of a more restricted claasification~ it shall not hh~eafter be chef, ged. ~o a uae of a less restricted claasifica%ion~ and (C) vacant norr~oMorming building may~he occupied b~ a use: for which the buildir~ was deeigned or intended if so occupied ~k~ within a period of one (1) year after the effective dste.of this. ar~ the use of a non-eonformi~, building which becomes vacant after the effective date of this OrdLnamee~ may also be occupied by a use for~ which ~he building was designed or intended if ac occupied withifl a period of one (1) year after the bailding becomes vacant. 2. Expansion Prohibited - A nor~eon~or~ing use of a building cor~orming to the use regulations, shall not be expanded or extended into any other portion _of such bdilding n~ 'cha~ged except to a conforming uae. If such a non-conforming uae~ ~n portion thereof is dtacontinaed or changed to a conformi~g use~ ax~v future use of such building or portion thereof shall be in cor~o~mity with the regulations of ~he acne in which such buildir~:,'i~.loeated. - 24 - C. NON-CO~OR~ USE OF ~. Continuation of Use - ~e no~o~o~ u~e of (where no buil~ i~ involv~)~ existi~ a% the time t~s ~di~e bec-~ e~ective~ ~y be conti~ed~ pro~ded~ (a) ~at no such no~o~o~i~ use of ~1~ s~l ~y be e~ed or extended either ~ the s~e o~ a~o~ ~operty. · - (b) ~at if such no~onfo~i~.use ~or~y po~on ~ereof is discontinu~ ~ ch~g~ a~ ~re s~ll be in eo~o~i~ ~ the ~o~si~ns of S~0~16. Y~RI~C~ AND ~S~S. A. A~ OF COnIStON- ~ere u~ essay ~rd~ips. ~ results inconsia%~%~ ~ses Of ~is O~nce ~Y result ~m the s~ie% .~ ~e~on ~d e~orcem~% of the ~ sions th~e~f upon 'the v~ified application of ~ ~ope~y ~ope~ a~ect~ ~11 ~ve authority to ~ant condi~.Onaas it dee~ n~ess~y~ such v~i in ~ ~th ~eir gen~ ~ose ~d inter, of ~s.-~e sh~l be obse~ed~ ~blic ~d su~ntial ~ustice B. VARIA~E R~R~- No v~i~ce a~:'.be u~ess the applic~t c~ pro~uce feets %o show .%hat- p~aetic~ cu1%ies ~ u~ecess~ ~s~ps~ ~%~n %he. me~D~ ~e ~ovi-- sions of ~is ~nanue, wou~ ~su1%' ~om the s~i~ ~U~li~ee the ~ovisio~ thereof~ ~ f~ther~ no ~i~e s~l ,be u~ess t% appe~s~ and the Co~.ssion specifies' iu 'i~'~i~s facts w~ establi~ beTo~ a Peasonable doub%~ ~ - - (a) ~t ~ere ~e e~eptional ci~cu~ees o~ app~cable ~ the ~pePty i~olved or ~' %he in%~d~ use th~of~ ~t do no% app~ gener~ %o the ~ope~%y oP e~s Of' uses in s~e zone~ (b) ~at such vari~ee is necessary for the ~es~ation of a subst~tial prope~ ~i~t of the a~licmt~ (a) ~% the ~ti~ of such v~i~ce ~11 not be i~ de~t~ to the public we~e ~ i~ious ~ the ~ope~y ,~ f~iculties ~ put- lite.al inter-- Lessee of the erm$ be spirit secured welfare ~ o~-i~vemente in the zone or diet~ict in which the property is located. C. VARIANCE APPLICATIONS -- FORM AND CONT~TS -- ~4~pltcations for variances shall be filed with the commission upon forms a~d accom- panied by such data as may be prescribed by the Commission ac as to assure the fullest practicable presentation of facts fo~, ~he recOrd. D. HEARING DATE- NOTICE UPON THE FILING OF ~UCH APPLICATION. The Co-~.~sston shall set a date for hearing the same which date shall be not less tb-~ ten (10) ~ay~ nor more t~-~ thirty (30) days the filing of said application. Not less than five :(~)~ ~aye pPior to the date of such public heax'ing, public notice of .%he time, plttl and purpose 'thex-eof shall be given by either or both of the 'following methods~ 1. ~y publication of a notice in a circulation, in the Cityl '2, By mailing a postaica~d or haVing a gene,'al to the of all p~ope~ty within three hundmed (300) feet of bound-~ies of ~e ~ope~y i~olve~ usi~ ~e ~o~ n~e ~d a~ess of ~ch o~ers as shO~ ~oP~ of ~e ~ Cl~k. ~ovid~, how~e~, t~t public he~i~ need not' be held on applications f~ v~i~ee fr~ the height o~~ ~ea ~e~tions u~ess de.ed necess~y by the Cohesion. E. D~I~ON ~ C~XSSION- If ~m ~e facts ~e~ente~ ~ ~e application, at the public he~ ~ by i~esti~tion at the inst~ee of the Co~ssion~ sai~ C~ssi~ ~es the set f~th ~ subsection B of this section~ It ~ ~t the r~uested v~ce in ~ole or in p~t~ u~n such te~ ~d co~itions as de~ necess~y to co~o~ ~ the gene~l i~ent ~d p~ose of this ~n~ce. Iff the .C~ssion fails ~ ~e sai~ fin~s, It shall de~ the applica~on. ~ch decision by the Co~ssion authori~ ~ria~e from the repletions h~e~ es~b~shed mst be ~ reso~tion adopt~ by a m~ority of its ~ership, setti~ f~ ~e ~itt~ ~n~ of ~cts ~uired by subs~$ion B of ~a~ aee~on. ~e Co~ ~ssion s~l ~ke its fin~s ~ dete~nation ~n ~ty (~0) ~ys ~om the date of he~i~ on such app~cation Or ~e date of fili~ ~en no he~ is held~ ~d sh~l ffor~ ~% a copy to the applicant. -- 26 -- F. VARIANCE ~FFECTIVE- APPFAL. -- No variance granted or authneized by the Co~m~ssion~ as provided above, shall become effec- tive until after an elapsed period of ten (.lO) da~e from :the date the written determination is made, during which time written appeal therefrom ma~ be taken to the Council by any person aggrieved or affected by any determination by the ¢o-~ssion in connection with any application for variance or upon the failure of the Commission to make its' determinations on any application within th~ thirty (30) day limit referred to above, Such appeal shall be"filed~in triplicate with the City Clerk and shall state the grounds ther~.~fo~' and wherein the Co--.~'eai'on failed to conform to the requirements of this O~dinance. The Clerk skkll forthwirth transmit one cop~, of,said' appeal to the and the other copies to the Commission. Said-appeal stays all P~odeedings in furtherance of the action ai~pealed fr~m until the determination of the appeal. Upon receipt of the appeal the Commission shall, within ten (10) daya~ transmit to the Council the original application mr~ copies of all other papers constituting the record upon which the aotio~n was taken together with. a written report disclosing in wha~ respects the application for variance and facts offered in support thereof met or failed to meet the variance requirements act forth in ,Subseetion,B of th{s section.. The Council may b~ resolution affirm, reverse,' or modify, in whole or in pa~% any decision, 'determination or requirement of the Commission but before granting any appealed petition which was de~ied by the Commission or before changing any of the condit~tons imposed by the Cc,~ssion in a variance granted by the C_-~ssion~ the Council must set the matter for hearing ~iving the same notice as that provid- ed in paragraph 2~ subsection D of this section and must make a written finding of fact setting fo~ffah ~herein the Co~.* salon~ s findings were in ex.'or and wherein the propex'ty o~ particuler uae 'involved meets the requirements set forth in subsectio~ B of this section, A~.four-fifths (4/%) vote of the whole of the Council shall be required to grant, in whole or in' pa~t~ ax~ appe~l~ application denied by the Core. salon. - 27- SECTION 17. CHAN~ES AND A. PItOC~E FOR CI~NGE- Whenever the public neceeeity~ convenienee~ Eene~al welffa~e~ or EOod zo~r~ practice require~ the Council may. by or~/rmnce~ after report thereon by the Commission sub, eot to the procedures l~ov~ded in thiS section~ amend~ supplement or change the regulations~ zone boun~aries~ or classifications of property~ now or hereafter established by this 0~dinanee. An amend- man%, suPPlement~ reclassification or change ma~be lni%late~ by a resolution of intention by the commission of the Ci%y.~Council or by a~ verified application of one or more of the owners.or Ieseees of the property within the area propose~ to be changed~ B. APPLICATIONS FOR CHANGE -- FORM AND CONT~I~, - Applications for any cha~ge of zone boundaries or reclassification of..zOnes~ shall be filed with the C~t7 Clark up°n` fa aM aOeompanied by such data. an~ information aa may be prescribed 'f~ thet purpose ~ the Commission so as %o assUre the fullest practicable p~esen%a-- tion of facts for the permanent record. ~ch such application shall be varified by a% leas% one of the owners or lessees of property within the area proposed %o be attesting to the truth and correctness .of all facts and informati,on presente~ with the application. C. HE~Ri-]~G DA~E NOTICE. -- upon the filing of such application or the adoption of such resolution by the Council, the matter shall be referred' %0 the commission for report and reeommendal~ion and e~all be set for public hearing before the O~wm~'ssion- ]~et~es of the time~ place and purpose of such hearing shall be given by the following metho~ 1. By at least one publication in a newspaper of general circulation in the Ci%3~ designated for that purpose bY the CounCil and not less %hen ten (10) days prior to the date of 2. By mailing a postal card or letter notice not less than five (~) days prior to the date of such hearing to the owners of all p~operty wi%bin not less than three ha~dred (300) feet of the ~ea proposed to be changed~ using for this purpose the laa't known ~=me and add~ese upon the records of the,~City - 28 - 3- l~n connection with a hea~ing concerning only the ~en~ supplem~t~ o~ chan~ of the text of the published no%ice of public he~i~, as provided in ~r~aph 1 of ~is subsecti~n~ shall suffice~ Resolutions of int~tion ~ the Co~ssion sE1 follow the s~e prec~e as set forth above. D. D~IEION BY C~I~ION ~ C~IL. ~ from ~e facts presented, the Co~ission fin~t public necesnf~ co~enienee~ gen~ wel~e, or good zo~ practice~ r~uire't~ ~h~e or classi~ca~on involv~ or a~ portion thereof, sion r~o~end such cb~Ee to the Council, and other, se s~l d~ application. ~e Co~ssion s~l ~e its fi~in~'~d. ~ det~mtion tn ~iti~ ~in ~f~ (30) d~s from the date of'~i~ of any ~eh appiiC~tion a~ ah~l ffor~th ~ans~t a copy'the~'~' to.the a~licant. If the'. application is ap~oved~ the Co~ssion s~i'~a~t the applicat~on~ together with its report and to~,~: t~ the City Council. The City Counei!~ hearir~ with published notice as provided in relative there- 'a public 1 subsection C of this section~ may by ordinamce effect such amendment, suppTement~ ehan~,e or reclassification or any portion thereof. E. DE2~IAL - APPEAL. If an application forchar~e or classification is denied by the Comm~ssion as provided above~ the applicant may~ within twenty (20) d~vs from the date the notification of denial was mailed to the said applicant, appeal tothe Council by written notice of appeal filed vdth the City Clerk. ~aid appeal shall be filed in duplicate ar~ shall set forth specific~-lywherein the Commission's findings were in error and wherein the public neeessity~ convenience, w elfare~ or good zonir~ practice require such change or reclassification. ~aid appeal mast be referred to the Commission, and thereupon the commission shall make a report to the Council disclosing in what respect it failed to find that the public necessity, conveni- ence, general welfare, or ~ood zoniflg practice requires the cb~ge or reclassification involved. The council may by a four--fiffths (4~%) vote of the whole of said Council~ grant ax~ appealed application, but before making ar~ change in the recommendation of ~he Ce~"4esion~ the Council ~,at set the matter for public heering~ givin~the'~, notice as pro- - 29 - vided in para~phs 1 and 2~ subsection C of, ~IS section~ and mast ma~ke a written findir~g of fact settir~ forth wherein the Commission's findings were in ~he p~oeedure of the Council in effectir~ a change c~ classification of property initiated by resolution of intention~ rather than by application of p~ope~y ownsrs~ or for an amendment or supplement to the text which has been disapproved'Or disapproved by the oommiasion, Shall be the same as t~at outlined above in this s~bsection for the grentin~ cf an appealed .applica-- tion~ .except that the publishe~ notice of hea~ing~ aa provided .above~ shall saffice on ar~ .~tter involving ~nly an amendment or supple- mant to the text of this ordinance. F. BUII~G I~NE MAP. ~uildin~ l~nes'~Ay'~b'e established on a Bailding Line Map by following the same p~oeedUre:.se% ferth in this section for changes and amendments. ~here p~operty is in acreage at the time this 0~dinanee became effective but is subsequentl~ divided into lots md blocks by receding a subdivision map~, the Co~selon shall thereafter recommer~ to the Council the establishment of appropriate building lines on a ,,Building Line Map,, along streets within the subdivi~ed a~ea. In thos~cases where acreage property ~s in the -RI#~ "~2. or "R~" Zones and no buildi~ line is shown on a "Building Line Map., a m~ni~,m f~out ~ of tw~nt~ive (2%) feet. Shall be v~led an~ mair~ained pending the establishment e~ an appropriate building line as herein provided. SECTION 18.' ~,. FEE FOR APPLICATION~- ~efore aooeptir~ for filing ~ application he, ear%er mentioned~ the Co~mission shall cha~ge and collect such fees as are prescribed by O~u~e which shall be p~Fable %o the Ci~iV Clerk. SECTION 19~ PE~f~TS - LICEN~ -- COMPL/.~NCE.' A. PERMITS -- LIC~S~ -- ~efore comme~ing ~ w~rk pe~- raining %o the erec%ion~ cons%ructian~ recons~muction~ moving~ ccnvereion~ or alteration~ of any buildim~ or any aadition to any building, a permit sba11 be secure~ ~ the ~uildir~g - 30 - commence' any work until and unless such perm'% slmll ~ve been o~ or use~ u~es~ a ~ce~e for ~u~h use~ ~e~e re~ui~ ~s f~st ob~ined from the de~t or persons ves~e~ wi~ ~he ~ty au~ority to issue s~e. ~loyees~ vest~ wi~h ~e ~ or authori~ to issue ltCe~es~ p~%s ~ certificates of occup~ ~e r~uire~ by ~w~ $~l cmf~m ~ ~e provisions of this ~e. ~o ~ch ps.At o~ lic~se for ~il~s~ uses~ ~r ~poses ~e the. s~e ~uld be in co~tct wi~ ~e ~o~sions of ~is ~e ~1' be iasued~ A~ ~ch pe~it or license~ iff issued in con~ict wi~ ~e sio~ h~eof, s~l be ~11 ~d~void. ~ce sh~l app~ to all buil~s~ ~ov~ents~ lo~ aha ~ises~ o~ leased~ operated or controlled by the City ~ ~y th~eof, or by ~ other ~iei~l' or · or gove~en~l agency. ~eh application for a buildi~ p~t sh~l be '~de on a p~nted form to be f~sh~ by the ~ildi~ ~p~to~ ~d sh~l contain acc~ate i~o~tion ~ dimenst~ as to the size a~ the l~atton of ~e lot~ the size and lo~tion of ~e ~il~s on lot; the d~me~io~ of all y~s ~d open s~ees~ ~d such i~o~a~on as ~ be neeess~y for the enfere~% of ~eae lations. ~e co. lets ~d accurate i~o~ation is not rea~ available from ~stt~ r~ds~ the ~il~ ~ap~t~ ~ r~ire ~e applic~t to ~sh ~ ~ey of the lot ~ep~ed by a licens~ s~or. A c~e~l ~o~ of the ~igi~l of such app~eat~ons s~ll be kept ~ the office of the ~il~ng In ~nterp~eti~ and app~i~ the ~ovisions of ~l~ ~-- ~e, th~ sh~l be held ~ be-the m~,m r~u~e~s for the '~omotion of ~e public health~ safe~, coMort, co~i~e ~d gener~ well. e; I% is not in~e~e~ by ~is ~e %o integers ~ o~ abro~te or ~1 ~ ease~nt~ eove~% or oth~ ~eemen% - 31- between panties. Where this Ordinance imposes a greater restriction upon the use of buildin~s or land, or upon the hei~t of buildi~s~ o~ require~ l~er open spaoes th~ are ~osed o~ ~u~ed by other or~ces, ~ules, ~e~lati~s, or BY eaSe~nts~ c ovenant~ or ~e~ men%s~ the. provisions of ~is OrdUre s~l control, Whoever ~ere is a~ question ~eg~i~ %he inte~retation of ~e pr.ovisions of this ~i~ce or the~ application ~o a~ spe~ if~c case, or. situation the Cohesion shall inte~re~'.~e inter of this ~e ~ ~itt~ decision ~d such inte~re~tiOn a~l be followed in applyi~ $~d provision. S~ION 22 · ~ORC~T - P~ALTI.~. It s~l be the du~ ~ the ~ildi~ ~ape~.~O~ ~o ~fo~ce ~e~p~vi~ions of this O~inance per~i~ to the~er~ti~ ~ction, recons~ction, mo~, co~e~sion~ ~tera~on of, or It s~l be the du~ of the Police Dep~t of the City and a~ officers of said City other~se c~ge~ ~:J.~"e~orc~ ment of the law~ to ~orce this O~in~e. ~ p~son, fi~ or co~oration, ~o~ti~ ~ of the ~pr~ vis~o~ of ~is ~din~ce sh~l be ~ilty of a ~sd~e~or~ ~dt upon co~iction ~eof~ ~1 be pu~s~ble by a ~ne of not more ~n five ~red doll.s e~e~ t~ee (~) mon~, ~ by both such fine a~ im~iso~en~. ~ch person, firm or corporation s~ be de~ ~ilty .for eaoh ~y duri~ ~ potion of w~ch a~ vio~tion As courted, conti~ ued or p~tted ~d s~ll be ~able ~ h~ein ~id~.. ~e City Attorney, upon r~uest of ~e ~il~g ~peetOrs C~tssion, or Cou~il, s~ll ~stitute ~a~ necess~ .leal pr~ee~ i~s to e~orce the ~isions of ~is ~e~ ~.he is here~ auto. zeds in addison to ~e r~e~ h~ein ~o~d~, to institute ~ action for ~ ~Juction to restpain~ or ~ other 'a~opriate action o~ ~oce~i~s to ~orce such p~visions. ~ ~ sec~on~ subsection~ p~tion of t~s ~e is for ~ reason held ~ be inv~id or - 32- unconstitutional by the decision of any court of competent Jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that. it would have adopted:this Ordinance and each section, subsection,' 's~nt~ce, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses', phrases or portions be. declared invalid Or ?Ltnconstitutional. ., S~TION" 24." 'REPEAL ~11 ordinances or part of ordinances of the'C~%~.,~. ~rande in~'c0nflict with this erdinance~ are hereby SECTI0~ '2%.' EFFECTIVE DATE This Ordinance ~ha11 take effect thirty (30,) its passage~ and within fifteen (1%) days after said shall be published ones together with the names cf voting for~ and against it in the Herald--Recorder, a general circulation printed and published in the City. 6f A~oyo ~ande, State .of California. On motion of Councilman by Councilms.n wait~P~ and on the following'r011 call vote= AYES~ NOES = Councilmen Bixson, Schnyder~ Clark, and-~Waiters None ABSENT: Councilman Dammann the foregoing Ordinance was adopte~ this ~ da~ *of City Clerk · ~,,,~ CERTIFICATION~ ~. p. Dixsqn Ma~or - 33 - oB'rsPO) Ed~ M. Schilling~ Clerk of the of San Luis Obispo, state of do hereby certify that the foregoing is a full, true and correct copy of~O~dinance No. ~ passed by the City Council of the City of' Arroyo Grande, County of San Luis Obispo, State of CaIifornia, and upon passage of said Ordinance the vo%a was Councilmen Dixson, Schnyder, Claa'k arid Waiters. .. NOES: None. ABSENT: Counoilm~ D~.w~nn ~di~ce No.~ ~s publishe~ in the H~ml~Recorder on Ju~[8~ 1949, as prescribed by law. WI~ ~ ~d ~d the seal of aaid Cit~ Co~cil of the City of ~royo ~ County of San ~is Obispo~ State of Califor~a %his A~.~ d~ of Ju~ .1949. as follow, s: lerk of the said City,of Arroyo Grande ./