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O 0940RDIN~CE I~0. 94 AN OiIDINtNCE OF THE CITY OF ARROYO GRA~E PROVIDIATG FOR THE TS~PORARY RESTRICTION OF LA)D USES %~THIN THE ENTIRE INCORPORATED T~RITORY OF THE CITY OF ARROYO GRANDE; R~UIRING A PERMIT TO DO Aha/. V.~ORK P~TAINING TO THE ERECTION, CONSTRUCTION CONV~S~ON, OR ADDITION TO A~f BUILDING OR STRUCTURE WITHIN THE Li~ITS OF SAID CITY; PROVIDING THAT VIOL~TION~ OF THIS ORDISTANCE SK~.LL BE 'PUBLIC NUISANCES A}~D' PROVIDa I~IG FOR THE APAT~Ehwf A~.U) R~OVAL OF SUCH PUBLIC ~;ISANC~; PROVIDING PENALTIES FOR THE VIOLATION THEREOF. SECTION ~. For the public interest, health~ safety-and gen- eral welfare, temporary regulations governing the uses of lar~nd place-. ments of buildings are hereby established within the entire incorporated territory of the City of Arroyo Grande, Sl~ate of California. SECTION 2. The following land use regulations shall be in force in the 4istrict described above: Except as hereinafter prOVided, no building or structure shall be erected, reconstructed or structurally altered, nor shall any land, building or premise be used for any purpose or in any manner other than for the following purposes: a. Farmings including all types of agriculture and horti- culture and uses customarily incidental thereto, but not including com- mercial dairy~ goat~ hog aDxi commercial stock-feeding ranches or farms · operated publicly or privately for the disposal of garbage~ sewage, rubbish or offal. b. One family dwellings, including home, occupation and office and studios maintained within said dwelling~ SECTION 3. The lawful use of land or buildings existing at the time of the passage of this Ordinance, although such use does not conform to the provisions thereof, may be continued; provided, however, that no such non-conforming use shall be enlarged or increased, nor shall any non-conforming use be extended to occupy greater area.~of land or buildings than that occupied by such use at the time of the adoption of this ordinance; provided, further, that if such non-cOnforming use is discontinued, any future use of said land or buildings shall be in conformity with this ordinance. SECTION 4. Before commencing any work pertaining to the erection, construction, moving, conversion or addition to any building or structure within the territory covered by this Ordinance, the owner or his agent for said work shall file with the City Planning Commission ~ NOtice of Intention for such work and it shall be unlawful to commence such work unless sUch Notice shall have been filed$ said l~otice shall be made in writing and shall show a descrip~ion of the property involved. with the ground plans of all proposed buildings an~ structures. SECTION ~. I~o work such as is contemplated under the ;r'o- visions of Section 4 of this Ordinance shall be commenced unless a per-- mit so to do has been granted by the City Planning Co~fssion. SECTION 6. .~uy building or structure set up, erected, built or maintained contrary to the provisions of this Ordinance, shall be and the same is hereby declared to be a public nuisance and th~ City Attorney of the City of Arroyo Grande shall, upon being notified or informed by the City Council of the City of Arroyo Grande of the s~t- ting up, erection, building or maintenance of such building ~r structure herein declared to be a public nuisance, immediately commence such' action or actions, proceeding or proceedings for the abatement and removal and en~oinment~ thereof in the manner provided by law, and shall take such other relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building or maint~ining any such b~ildfng or structure. The failure~ of any owner to remove any building or structure erected in violation of the terms of this Ordinance, after personal service upon him of a written demand of the City Attorney of the City of Arroyo Grande to remove the same, shall be deemed a violation of this Ordinance, and am distinct and separate vi, elation of the terms of this Ordinance shall be deemed to have been committed by s~d owner for each day during any pm~tion of which he shall fail to rem,eve said building or structure after'service of said. demand. The remedies provided for herein shall be cumulative and not exclusive. SECTIOI~ 7- Rn~ parson, firm or corporation, whether as prin-- cipaI, agent, employee or otherwise, violating any of the provisions of this 0~dinance, ahal~ be guilty of a Nisdemeanor, and upon conviction thereof shall be p~nishable by a fine of not more than $300.00 or by imprisonment.loS ~ term not exceeding 90 dsys, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any Violation of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punlshable as herein provided. SECTION 8. All Ordinances or parts of Ordinances in conflict harewith sine ~o that extent declared inoperative and invalid during the life of this O~dinance. SECTION 9- This Ordinance is declared to be an emergency Ordinance necessary for the immediate preservation of the public health and safety and the reasons therefor are as follows, to-wit: The City of Arroyo Grande is by Ordinance about to adopt a comprehensive~ long-termed master plan for the phys~caI development 'of the City of Erroyo Grande, and for the establishment of land use plans within districts to be designated by the City Council of said City, as residential, agricultural or industrial districts. Various objec'tion- able uses of residential-in-fact areas can be undertaken prior to the hearing provided for in said Ordinance, and prior to the effective date of any amendment thereto. It would be destructive of said plan if ~'"- parties seeking to evade the operation thereof, should be permitted to enter upon a course of construction which might progress so far as to defeat in whole or in part the ultimate execution of the said plan, ar~ that in the interest of public convenience, saf~ety and genaral.'welfare~' it is necessary to _~otect the hereingefore described area against the encroachment of permanent improvements. SECTION 10. This Ordinance shall take effect ~mmedtately upon the passage hereof because the adoption and enforcement of the same is necessary for the immediate'preservation of the public peace, health and safety, due to the existance of the emergency hereinabove SECTION 10. This ordinance shall take effect immediately upon the passage hereof because the adoption and enforcement of the same is necessary for the immediate preservation of the public peace, health and safety, 'due to the existance of the emergence hereinabove declared and shall remain in effect until the adoption of the permanent zoning ordinance, which period shall not.excee~ 6 months from the date hereof. This ordinance shall be.~ublish~dJiin the Arroyo Grande Herald-Recorder, a newspaper of general circulation, printed and published in the County of San Luis 0bispo, State of California, once, prior to 15 days~ after its passage. The foregoing Ordinance was passed and adopte~ by the City Council of the City of Arroyo Grande, County of San Luis 0bispo, State of California, o~ the ~__~day of_~~_lg~-, upon the following vote: NOES: ~ ~ · ABSENT: ~ Mayor .