HomeMy Public PortalAboutOrdinance 63-1121
1
ORDINANCE NO, 6i-112
ORDINANCE NO. 64 -124
AN ORDINANCE AMENDING ORDINANCE NO. 63 -112 BY
ADDING THERETO THE ZONING MAP AS PROVIDED FOR
BY SECTIONS 303, 304 AND 2403 OF SAID ORDINANCE
NO. 63 -112
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES OR-
DAIN AS FOLLOWS:
SECTION 1. Ordinance No. 63 -112 is hereby amended by adding thereto
the Zoning Map provided for by Section 303 of Ordinance No. 63 -112.
SECTION 2. The Zoning Map hereby adopted is, for convenience, di-
vided into parts and each such part is divided into units as provided by
Section 304 of Ordinance No. 63 -112. Such parts of said zoning map are
consecutively numbered beginning with number one (1).
SECTION 3. The zoning map referred to in Sections 1 and 2 of this
ordinance and identified as separate numbered parts is hereby adopted to-
gether with titles, numbers, marginal identification of units, legend, scale,
north point and certifications, all as shown on the respective numbered
parts attached hereto and made a part hereof.
PASSED AND ADOPTED this 9th day of March 1964.
A. L. Nunamaker
ATTEST:
William Woollett, Jr.
City Clerk
. Mayor
292
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NUMBERED AND 111iERID
•
ADOPTED BY CITY COUNCIL • ••
MARCH 9 1961
// f,1 /.�
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L/' O'' - pt
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Of THIS ZONE
303
1
1
1
ZONING ORDINANCE
OF
CITY OF TEMPLE CITY
Ordinance 63 -112
Page 1
ORDINANCE NO, 63 -112
AN ORDINANCE IDENTIFYING
USE CLASSIFICATIONS IN THE
CITY OF TEMPLE CITY, CALI-
FORNIA AND, BY MAP, ESTAB-
LISHING THE BOUNDARIES OF
AREAS TO BE KNOWN AS
ZONES TO WHICH THE USE
CLASSIFICATIONS A R E AP-
PLIED, AND WITHIN WHICH
ZONES THE HEIGHT OF
BUILDINGS, YARDS AND OPEN
SPACES ARE REGULATED;
PROVIDING FOR ITS ADJUST-
MENT, AMENDMENT AND EN-
FORCEMENT; PRESCRIBING
PENALTIES FOR VIOLATIONS,
A N D REPEALING SECTIONS
9100, 9101 AND 9102 OF THE
TEMPLE CITY MUNICIPAL
CODE
ARTICLE 1
DECLARATION OF PURPOSE
Section 100: DECLARATION. An
Official Land -Use Control for the
City of Temple City, California is
hereby adopted and established to
serve the public health, safety and
general welfare and to provide the
physical, economic and social ad-
vantages resulting from an order-
ly planned use of land resources,
and represents the means of car-
rying out the general purposes set
forth and defined in the Compre-
hensive General Plan of the City.
Section 101: NAME OF ORDI-
ANCE. This ordinance shall be
known as "The Zoning 0 r d i-
nance."
ARTICLE 2
DEFINITIONS
Section 200: PROVISIONS NOT
AFFECTED BY HEADINGS. Ar-
ticle and section headings con-
tained herein shall not be deemed
to govern, limit, modify or in any
manner affect the scope, meaning
or intent of any section hereof.
Section 201: TENSES. The pres-
ent tense includes the future, and
the future the present.
Section 202: NUMBER. The sin-
gular number includes the plural,
and the plural the singular.
Section 203: ABATED A N D
ABATEMENT. "A bate d" and
"abatement" mean the complete
discontinuance of any nonconform-
ing use where no building or struc-
ture is involved, or the complete
discontinuance and removal of a
nonconforming use of a conform-
ing building, or the complete re-
moval of a nonconforming building
or structure, or the structural al-
teration of a building or structure
to make it conform to the uses
permitted in the zone in which the
property is located.
Section 204: ABUT AND ABUT-
TING. "Abut" and "abutting"
means to touch along a border, or
line. Where an alley or easement
possessing a common property
separates two pieces of property
such properties shall be considered
as abutting.
Section 205: ACCESS. "Access"
means the providing of a way of
approach to, or entrance to or on
to, a piece of property from a
street, easement or alley.
Section 206: ACCESSORY. "Ac-
cessory" means a use, a building,
structure, part of a building or
other structure, which is subordin-
ate to and the use of which is
incidental to that of the main
building, structure, or use on the
same lot including a private ga-
rage. If an accessory building is
attached to the main building by
a common wall or a roof, such
accessory building shall be consid-
ered a part of the main building.
Section 207: ACCESSORY LIV-
ING QUARTERS. "Accessory liv-
ing quarters" means living quar-
ters within an accessory building
for the sole use of the family or
of persons employed on the prem-
ises, or for the temporary use of
guests of the occupants of the
premises. Such quarters shall have
no kitchen facilities and shall not
be rented or otherwise used as a
separate dwelling unit. The term
accessory living quarters includes
"guest house."
Section 208: AIRPORT, HELI-
PORT, OR AIRCRAFT LANDING
FIELD. "Airport," "heliport" or
"aircraft landing field" means any
runway, landing area, or other
facility whether publicly or pri-
vately owned and operated, and
which is designed, used or intend-
ed to be used either by public
carriers or by private aircraft for
landing and take -off of aircraft,
including all necessary taxiways,
aircraft storage and tie - down
areas, hangars and other neces-
sary buildings and open spaces.
Section 209: ALLEY. "Alley"
means a public thoroughfare or
way which affords only a second-
ary means of access to abutting
property.
Section 210: AMENDMENT.
"Amendment" means a change in
wording, context or substance of
this ordinance, or a change in the
zone boundaries upon the zoning
map, which map is a part of this
ordinance when adopted hereunder.
Section 211: ANIMAL, SMALL.
"Small animal" means any animal
other than livestock or animals
considered to be predatory or vi-
cious.
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Section 212: ANTIQUES, AND
ANTIQUE SHOP. "Antiques"
means any article which, because
of age, rarity or historical signifi-
cance, has a monetary value
greater than the original value, or
which has an age recognized by
the United States Government as
entitling the article to an import
duty less than that prescribed for
contemporary merchandise. A store
or shop selling such articles or
offering them for sale shall be
considered as an antique shop or
store and not considered as a deal-
ership handling used or second-
hand merchandise.
Section 213: APARTMENT.
"Apartment" means a room, or a
suite of two (2) or more rooms
occupied or suitable for occupancy
as a dwelling unit for one (1)
family in a multiple dwelling or
any other building not a single -
family dwelling or two - family
dwelling.
Section 214: APARTMENT,
BACHELOR. "Bachelor apart-
ment" means a room, or a suite of
two (2) or more rooms, without
kitchen facilities, but with bath.
A bachelor apartment constitutes
a dwelling unit within the mean-
ing and intent of this ordinance.
Section 215: APARTMENT
HOTEL. "Apartment hotel" means
a building, or portion thereof,
which is designed or used for both
two (2) or more dwelling units,
and six (6) or more guest rooms
or suites which may be rented to
either or both transients or non -
transients.
Section 216: APARTMENT
HOUSE. "Apartment h o u s e"
means a building or a portion of
a building, designed for occupancy
by three (3) or more families liv-
ing independently of each other,
and containing three (3) or more
dwelling units.
Section 217: APPROVE. "Ap-
prove" means an action to sanc-
tion officially, or to ratify or con-
firm any proposal to add to, to
delete from, or to modify the pro-
visions of this ordinance by The
Council or any officer, commission
or board having authority to so
act.
Section 218: ARTICLE. "Article"
means an article of this ordinance
unless some other code, ordinance
or statute is mentioned.
Section 219: AUTOMOBILE
COMMERCIAL TRAILER. "Auto-
mobile commercial trailer" means
a vehicle without motor power de-
signed to be drawn by a motor
vehicle and which trailer is used
or may be used for carrying goods
and property.
Section 220: AUTOMOBILE
HOUSE TRAILER. "Automobile
houes trailer" means a vehicle
without motor power designed to
1
be drawn by a motor vehicle and
to be used for human habitation,
including a trailer coach, tourist
trailer, camper, mobile home, and
any other self - propelled vehicle
having a body designed for or
converted to the same uses as a
house trailer.
Section 221: AUTOMOBILE,
TRAILER AND BOAT SALES
AREA. "Automobile sales area,"
"boat sales area" and "trailer
sales area" mean an open area,
other than a street, used for the
display, sales or rental of new or
used automobiles, boats or trailers,
and where no repair work is done
except minor incidental repair of
automobiles, boats or trailers to
be displayed, sold or rented on the
premises.
S e c t i o n 222: AUTOMOBILE
WRECKER. "Automobile wreck-
er" means any person, corporation
or enterprise engaged in automo-
bile wrecking as the term is de-
fined herein.
S u c t i on 223: AUTOMOBILE
WRECKING. "Automobile wreck-
ing" means any dismantling, dis-
assembling or demolition of motor
vehicles, trailers, or other auto-
motive equipment, or the storage,
sale or dumping of dismantled,
partially dismantled, obsolete, or
wrecked vehicles or their parts,
whether or not for the purpose of
salvaging and dealing in usable
parts or materials.
Section 224: AUTOMOBILE
WRECKING YARD "Automobile
wrecking yard" means any prem-
ises devoted to automobile wreck-
ing as the term is defined herein.
Section. 225: BABY SITTING.
"Baby sitting" means the care
and supervision of children, such
services being performed in the
home of the children being cared
for.
Section 226: BASEMENT. "Base-
ment" means that portion of a
building between floor and ceiling
which is partly below and partly
above grade (as defined in this
article) but so located that the
verticle distance from grade to
floor below is less than the verti-
cal distance from grade to ceiling.
A basement, when designed for or
occupied for business or indus-
trial purposes, or for dwelling pur-
poses (recreational room or fam-
ily room excepted) shall be con-
sidered a story.
Section 227: BLOCK. "Block"
means all property abutting upon
one side of a street between either
intersecting or intercepting streets,
or between a street and a railroad
right -of -way, waterway, terminus
or dead -end street, or city bound-
ary. An intercepting street shall
determine only the boundary of
the block on the side of the street
which it intercepts.
Section 228: BOARDING HOME
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AND GUEST HOME. "Boarding
home" and "guest home" mean a
home far aged persons in good
health, such home restricted to
caring for fifteen (15) or less per-
sons, not including the operator
thereof or his or her family, and
in which home no professional
medical care is given, and no per-
son kept who may be suffering
from a mental sickness, mental
disease, disorder or ailment, or
from a contagious or communica-
ble disease, and in which homes
no surgery or primary treatments
such as are customarily provided
in sanitariums or hospitals are
performed or given, and in which
no persons are kept or served who
would normally be admittable to
a mental hospital. If more than
fifteen (15) persons are cared for,
such home shall be classified as
a home for the aged.
Section 229: BOARDING
HOUSE. "Boarding house" means
the same as lodging house, but
where meals (with or without
lodging) are provided for compen-
sation for not more than fifteen
(15) persons other than the family.
Boarding house shall not include
rest homes or convalescent homes.
Section 230: BUILDABLE
AREA. "Buildable area" means :
(1)In "R" Zones, any portion
of a lot or building site not con-
tained in required yards and open
spaces and not exceeding the max-
imum percentage of the total area
of the lot ar building site permit-
ted to be covered by buildings as
prescribed for the zone in which
the lot or building site is located.
(2) In "C" and "M" Zones,
all of the area of a lot or site not
devoted to required parking, load-
ing facilities or required open
spaces; and
(3) For an area contained
within a site development plan,
the permissable buidable area shall
be governed by the applicable pro-
visions of this ordinance concern-
ing yards and open spaces, off -
street parking, loading and un-
loading facilities and facilities for
ingress and egress, all as correlat-
ed and shown on the map of the
site development plan, and the
buildable area shall be limited to
that area shown on the approved
site develoment plan.
Section 231: BUILDING. "Build-
ing" means any structure having
a roof, but excluding all forms of
vehicles even though immobilized.
When a use is required to be with-
in a building, then the term
"building" means so designed and
constructed that all exterior walls
of the structure shall be solid from
the ground to the roof line, and
shall contain no openings except
windows and doors which are de-
signed so that they may be closed
for the purpose of controlling
sound and for other purposes.
Section __2 3 2 : __BUILDING
HEIGHT. "Building height" means
the vertical distance from the
grade to the highest point of the
coping of a flat roof, or to the
deck line of a mansard roof, or to
the maximum height of the highest
gable of a pitch or hip roof.
Section 233: BUILDING, MAIN.
"Main building" means the Prin-
cipal building or structure on a
lot or building site designed or
used to accommodate the Primary
use to which the premises are de-
voted; where a permissible use
involves more than one (1) build-
ing or structure designed or used
for the primary purpose, as in the
case of group houses, each such
Permissible building or other struc-
ture on a lot or building site as
defined by this ordinance shall be
construed as comprising a main
building or structure.
Section 234: BUILDING SITE.
"Building site" means the ground
area devoted to a main building
and its accessory buildings, or to
a group of main buildings and
their accessory buildings, together
with all required yards and open
spaces, and containing not less
than the prescribed areas for lots
as required by this ordinance,
whether the area so devoted is
comprised of one lot, a combina-
tion of lots, a combination of lots
and fractions of lots, a portion of
a lot, or a piece of unsubdivided
land identified by a minor land
subdivision as provided in the
subdivision ordinance.
S e c ti on 235: BUSINESS OR
COMMERCE. "Business" and
"commerce" means the purchase,
sale, offering for sale or other
transaction involving the handling
or disposition of any article, sub-
stance or commodity for livelihood
or profit; or the management or
occupancy of office buildings, offi-
ces, recreational or amusement en-
terprises; or the maintenance and
use of offices, structures or prem-
ises by professions and trades or
persons rendering services.
Section 236: CAMP, PUBLIC.
"Public camp" means any area or
tract of land used or designed to
accommodate two (2) or more
camping parties, including cabins,
tents. camping trucks (but not in-
cluding trailers), or other camp-
ing outfits.
Section 237: CARPORT AND
P OR T E COCHERE. "Carport"
a n d "porte cochere" means a
roofed space for the storage of
automobiles and the loading and
unloading of passengers. When a
carport or porte cochere is at-
tached to a dwelling it shall be
considered a part of the dwelling
and subject to the regulations per-
taining to dwellings. When not
attached to a dwelling, a carport
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or porte cochere shall be consid-
ered an accessory structure and
subject to the regulations pertain-
ing to accessory structures.
Section 238: CELLAR. "Cellar"
means that portion of a building
between floor and ceiling which is
wholly or partly below grade (as
defined in this article) and so lo-
cated that the vertical distance
from the grade to the floor below
is equal to or greater than the
vertical distance from grade to the
ceiling next above it.
Section 239: CEMETERY. "Cem-
etery" means land used or intend-
ed to be used for the burial of
human dead and dedicated for
cemetery purposes, including col -
umbariums, crematories, mausol-
eums, and mortuaries when oper-
ated in conjunction with and with-
in the boundary of such cemetery.
Section 240: CHURCH. "Church"
means an establishment the princi-
pal purpose of which is religious
worship and for which the princi-
pal building or other structure
contains the sanctuary or principal
place of worship, and including
accessory uses in the main build-
ing or in separate buildings or
structures including Sunday School
rooms, religious education class
rooms, assembly rooms, kitchen,
library room or reading room,
recreation hall, and a one - family
dwelling unit and on -site resi-
dences for nuns and clergy, but
excluding day nurseries and facil-
ities for training of religious or-
ders.
Section 241: CLASSIFICATION.
"Classification" means a refined
identification of uses which, either
individually or as to type, are
identified as possessing similar
characteristics or performance
standards and are permitted as
compatible uses in a zone. A clas-
sification, as the term is employed
in this ordinance, includes provi-
sions, conditions and requirements
related to the., permissible location
of permitted uses.
Section 242: CLUB, PRIVATE.
"Private club" means an associa-
tion of adult persons for some
common purpose, but not including
groups organized primarily to ren-
der a service which is customarily
carried on as a business. Private
clubs shall be considered to include
Womens Clubs, Y.M.C.A. and
Y. W. C. A.
Section 2 4 3 : COMBUSTIBLE.
"Combustible" means any mate-
rials, mixture, substances, prod-
ucts, structures or items that are
in a physical state or condition
that will permit them to burn.
Section 244: COMMUNICATIONS
EQUIPMENT BUILDING. "Com-
munications equipment building"
means a building housing operat-
ing electrical and mechanical equip-
ment necessary for the conduct of
1
a public utility communications
business, with or without person-
nel.
Section 245: COMMISSION.
"Commission" as the term is used
in this ordinance, means the Plan-
ning Commission of the City of
Temple City, California.
Section 246: CONDITIONAL
USE. "Conditional use" means a
use permitted in one or more clas-
sifications as defined by this or-
dinance but which use because of
characteristics peculiar to it, or
because of size, technological pro-
cesses or type of equipment, or
because of the exact location with
reference to surroundings, streets
and existing improvements or de-
mands upon public facilities, re-
quires a special degree of control
to assure that the particular use
at the particular site on which
such use is proposed to be located
is compatible with other existing
or proposed uses surrounding the
site, and to assure that such use
shall not be inimical to the public
interest.
Section 247: CONDITIONAL
USE PERMIT. "Conditional use
permit" means the documented
evidence of authority granted by
the City of Temple City to locate
a use at a particular location.
Section 248: CONFORMING
BUILDING. "Conforming build-
ing" means:
(1) In the "R" Zones, a con-
forming building is one designed
for and suitable for residential
uses as defined by the State Hous-
ing Act and the Building Code as
they pertain to buildings to ac-
commodate uses permitted in the
zone in which the building is lo-
cated, and which building also
conforms to the requirements of
this ordinance in the matter of
use, height, yards, open spaces and
area coverage, and which does not
contain more than the number of
dwelling units prescribed for the
zone in which it is located ; and
(2) In "C" and "M" Zones, a
conforming building is one which
meets the requirements of the
Building Code in matters of struc-
tural design and building materials
and their assembly to accommo-
date uses permitted in commercial
or industrial zones, as the case
may be.
Section 249: CONFORMING USE.
"Conforming use" means an activ-
ity the nature and type of which
is permitted in the zohe in which
the property on which it is estab-
lished is located.
Section 250: COUNCIL. "The
Council" as this term is used in
this ordinance, means the City
Council of the City of Temple City,
California.
Section 251: COURT. "Court"
as the term is used in this ordi-
nance, means any portion of the
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interior of a lot or building site
which is fully or partially sur-
rounded by buildings, and which
is not a required yard or open
space.
Section 252: DAY NURSERY.
"Day nursery" means any type
of group child day care, including
nurseries for children of working
parents, nursery schools, play
groups for pre - school age children,
programs covering after - school
care for children, provided such
establishment is licensed by the
State and by the City of Temple
City and conducted in accordance
with State and local requirements.
Section 253: DUMP. "Dump"
means an open area devoted to
the disposal of refuse, • including
incineration, reduction, or dumping
of ashes, garbage, combustible or
noncombustible refuse, but not in-
cluding transfer stations.
S a c t i o n 254: DWELLING.
"Dwelling" means a building or
portion thereof designed for or
occupied for residential purposes
but not including hotels, or motel
units having no kitchens.
Section 255: DWELLINGS,
TYPES OF.
(1) DWELLING, GROUP.
"Group dwelling" means three (3)
or more separate buildings on a
single lot or building site, each
containing one (1) or more dwell-
ing units.
(2) DWELLING, ONE -FAM-
ILY, "One- family dwelling" means
a detached building designed for
occupancy exclusively by one fam-
ily and containing one (1) dwelling
unit.
(3) DWELLING, TWO - FAMILY.
"Two- family dwelling" means a
building designed for occupancy
exclusively by two (2) families
living independently of each other,
and containing two (2) dwelling
units.
(4) DWELLING, MULTIPLE.
"Multiple dwelling" means a build-
ing or portion thereof, designed
for occupancy by three (3) or more
families living independently of
each other, and containing three
(3) or more dwelling units.
(5) DWELLING, ROW, OR
ROW HOUSES. "Row dwellings"
and "row houses" mean multiple
dwellings built in sequence, which
multiple dwellings are designed for
occupancy by three (3) or more
families living independently of
each other with the dwelling units
separated from each other by com-
mon walls on not to exceed two
(2) sides, which sides shall be
opposite from each other.
Section 256: DWELLING UNIT.
"Dwelling unit" means one (1) or
more rooms designed for or occu-
pied by one (1) family for living
or sleeping purposes and contain-
ing kitchen facilities for use solely
by one (1) family. All rooms com-
prising a dwelling unit shall have
access through an interior door to
other parts of the dwelling unit.
A bachelor apartment constitutes
a dwelling within the meaning of
this ordinance.
Section 257: EDUCATIONAL IN-
STITUTION. "Educational institu-
tion" means elementary, junior
high school, high schools, colleges
or universities or other schools
giving general academic instruc-
tion in the several branches of
learning and study required by the
Education Code of the State of
California to be taught,
Section 258: ENTIRELY EN-
CLOSED BUILDING OR STRUC-
TURE. "Entirely enclosed build-
ing or structure" means a building
or structure so designed and con-
structed that all exterior walls of
the building or structure shall be
solid from the ground to the roof
line and containing no openings
except for windows and doors
which are designed so that they
may be closed for the purpose of
controlling sound, or for other
purposes.
Section 259: EQUIPMENT,
HEAVY DUTY. "Heavy duty
equipment" means high - capacity
mechanical devices for moving
earth or other materials, mobile
powered units including, but not
limited to, carryalls, graders, load-
ing and unloading devices, cranes,
drag lines, trench diggers, trac-
tors, augers, catapillars, concrete
mixers and conveyors and trucks
above five -ton capacity, and sim-
ilar devices operated by mechan-
ical power as distinguished from
manpower.
Section 260: ERECTED. "Erect-
ed" means the construction of any
building or structure, or the struc-
tural alteration of a building or
structure the result of which would
be to change the exterior walls or
roof, or to increase the square foot
floor area of the interior of the
building or structure.
Section 261: EXPLOSIVE. "Ex-
plosive" means any mixture, sub-
stances or compound having prop-
erties of such a character that
alone, or in combination or con-
tiguity with other substances or
compounds, may decompose sud-
denly and generate sufficient heat,
gas or pressure to produce rapid
flaming combustion or administer
a destructive blow to surrounding
objects.
Section 262: FAMILY. "Family"
means an individual, or two (2)
or more persons, related by blood
or marriage, or a group of not
more than five (5) persons who
are not related by blood or mar-
riage. excluding servants, living
together in a dwelling unit.
Section 263: FENCE. "Fence"
means a masonry wall, or a bar-
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rier composed of posts connected
by boards, rails, panels, or wire
for the purpose of enclosing space
or separating parcels of land. The
term "fence" does not include re-
taining walls.
Section 264: FIRE ESCAPE.
"Fire escape" means an auxiliary
facility for emergency escape from
a building, as defined or desig-
nated by the Fire Department of
the City of Temple City, Califor-
nia.
Section 265: FIRST PERMIT-
TED. The term "first permitted"
refers to the most restricted zone
in which a particular use is indi-
cated as a permissible use.
Section 266: FLAMMABLE
"Flammable" means any mixture,
substance or compound which will
emit a flammable vapor at a tem-
perature at or below three hun-
dred degrees (300 °) Fahrenheit
when tested in a Tagliabue open
cup tester; if a liquid, then hav-
ing a flash point below two hun-
dred degrees (200 °) Fahrenheit
and having a vapor pressure not
exceeding forty (40) pounds per
square inch (absolute) at one hun-
dred degrees (100 °) Fahrenheit.
Section 267: FLOOR AREA.
"Floor area" means the total floor
space contained within the exterior
walls of all buildings on a lot or
building site, except for the space
therein devoted to vents, stair-
ways, elevator shafts, light shafts
and areas within the building de-
voted exclusively to loading and
unloading facilities and parking
of motor vehicles.
Section 268: FOSTER FAMILY
DAY CARE HOME. A "foster
family day care home" means a
residence licensed by authorized
public authorities, to be used to
care for not more than six (6)
children by the day, with or with-
out compensation. A foster family
day care home may be considered
to include a day nursery conducted
on a half -day basis, when such
home is licensed by authorized
public authorities, provided the
number of children cared for at
any one time shall not exceed six
(6).
Section 269: FOSTER HOME,
TWENTY -FOUR HOUR CARE.
A "tweney -four hour foster care
home" means a dwelling occupied
by a family who, for compensation
or otherwise, accepts and cares for
not more than six (6)• children
as full -time residents as a part
of the family as defined herein.
and which children are assigned
by authorized public authorities.
Section 270: FREEWAY. "Free-
way" means any section of a State
Highway which has been declared
by Resolution of the California
Highway Commission pursuant to
the Streets and Highways Code
to be a freeway.
*Amended to six Jan. 13, 1964.
Section 271: GARAGE, PRI-
VATE. "Private garage" means
an accessory building or a portion
of the main building, enclosed on
not less than three (3) sides and
• designed or used primarily for the
shelter or storage of vehicles own-
ed or operated only by the occu-
pants of the main building or
buildings.
Section 272: GARAGE, PUBLIC.
"Public garage" means a building,
other than a private garage, used
for the care, repair or equipment
of automobiles, or where such ve-
hicles are kept for remuneration,
hire or sale.
Section 273: GRADE. "Grade"
means the average of the finished
ground level at the center of all
walls of a building. In case walls
are parallel to and within five (5)
feet of a sidewalk, the above-
ground level shall be measured at
the sidewalks.
Section 274: HOME OCCUPA-
TION. "Home occupation" means
an occupation in connection with
which there is no display, no stor-
age of materials or supplies, no
stock in trade or commodity sold
upon the premises, no service to
the person rendered, no profes-
sional equipment, apparatus or
business equipment kept or stored
on the premises, no person, em-
ployee or assistant in connection
therewith engaged for services on
the premises or dispatched from
the premises, and no mechanical
equipment is used except such me-
chanical equipment as is customar-
ily used for housekeeping pur-
poses,
Section 275: HOSPITAL. "Hos-
pital" means an institution spe-
cializing in giving clinical, tem-
porary and emergency services of
a medical or surgical nature to
human patients, and licensed by
State Law to provide facilities
and services in surgery, obstetrics
and general medical practice as
distinguished from treatment of
mental disorders and alcoholics,
but not excluding surgical and
post - surgical treatment of mental
cases.
GENCY. "Emergency hospital"
means a hospital whose primary
service is to render care and treat-
ment in acute medical or surgical
cases as distinguished from hos-
pitals rendering continuing pre-
scribed treatment and care.
Section 277: HOSPITAL, MEN-
TAL - (INCLUDING HOSPITALS
FOR TREATMENT OF ALCO-
HOLICS). "Mental hospital, in-
cluding hospitals for treatment of
alcoholics" means an institution
licensed by the State agencies un-
der provisions of law to offer fa-
cilities, care and treatment for
cases of mental and nervous dis-
orders and alcoholics. Establish-
ments limiting services to juve-
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Ordinance 63 -112 Page 7
niles below the age of five (5)
years, and establishments housing
and caring for cases of cerebral
palsy are not considered to be
mental hospitals.
Section __278: HOSPITAL OR
C L I N I C, SMALL ANIMAL.
"Small animal hospital or clinic"
means an establishment in which
veterinary and medical services,
clipping, bathing, boarding and
similar services are rendered to
dogs, cats and other small animals
and domestic pets.
Section 279: HOTEL. "Hotel"
means a building in which there
are six (6) or more guest rooms
where lodging with or without
meals is provided for compensa-
tion and where no provision is
made for cooking in any individual
room or suite, and in which build-
ing may be included one (1) apart-
ment for use of the resident man-
ager, but the term hotel shall not
include jails, hospitals, asylums,
sanitariums, orphanages, prisons,
detention homes and similar build-
ings where human beings are
housed or detained under legal
restraint.
Section 280: INSTITUTION.
"Institution" means an establish-.
ment maintained and operated by
a society, corporation, individual,
foundation or public agency for
the purpose of providing charit-
able, social, educational or simi-
lar services to the public, groups
or individuals.
Section 281: JUNK DEALER.
"Junk dealer" means and includes
any person having a fixed place
of business in the City and en-
gaged in conducting, managing or
carrying on the business, either
wholesale or retail, of buying, sell-
ing or otherwise dealing in any
old rags, sacks, bottles, cans, pa-
pers, metal, rubber or other arti-
cles commonly known as junk.
Section 282: JUNK YARD.
'Junk yard" means any premises
devoted wholly or partially to the
storage, buying or selling or other-
wise handling or dealing in old
rags, sacks, bottles, cans, papers,
metal, rubber or other articles
commonly known as junk.
Section 283: KENNEL. "Kennel"
means a place where four (4) or
more adult dogs or cats or any
combination thereof are kept,
whether by owners of the dogs and
cats or by persons providing fa-
cilities and care, including bath-
ing, clipping and boarding, wheth-
er or not for compensation. An
adult dog or cat is one of either
sex, altered or unaltered, that has
reached the age of four (4)
months.
Section 284: KITCHEN. "Kitch-
en" means any room or portion
of room used or intended or de-
signed to be used for cooking or
the preparation of food.
Section 285: LIGHTER USES
(ANTITHESIS OF HEAVIER
USES). "Lighter uses" means uses
involving performance standards
having less detrimental effect upon
surrounding properties and uses
in the same or other classifications
than do uses first permitted in a
next succeeding classification in
terms of nuisance, hazard, genera-
tion of traffic and volume of traf-
fic, both passenger and freight,
and which uses make Less demand
upon public services such as elec-
tricity, gas, sewers and streets.
Where residential uses are involv-
ed, the term "lighter uses" means
less permitted population density,
possibly greater required yards,
open spaces and floor area within
dwellings than is permitted or re-
quired in the next succeeding resi-
dential classification.
Section 286: LIVE STOCK.
"Livestock" means horses, bovine
animals, sheep, goats, swine, don-
keys and mules.
Section 287: LOADING SPACE.
"Loading Space" means an on -site
space or berth on the same lot
or site with the building or use
served, such space to serve for
the temporary parking of a ve-
hicle while loading or unloading
merchandise, materials or passen-
gers.
Section 288: LODGING HOUSE.
"Lodging house" means a dwelling
unit within which not more than
five (5) guest rooms are devoted
to accommodating not more than
ten (10) persons other than mem-
bers of the family, but wherein no
meals shall be provided for such
guests nor shall any meals be per-
mitted in any guest room. A lodg-
ing house containing guest rooms
numbering six (6) or more shall
be considered a hotel.
Section 289: LOT. "Lot" means
(1) a delineated unit of land with
a number or other designation on
a plat recorded in the office of
the County Recorder of Los An-
geles County; or (2) any unit of
land containing not more than one
(1) acre which was of record as
a separate unit on the effective
date of this ordinance and which
abuts one or more public thor-
oughfares and has direct legal ac-
cess to at least one of such thor-
oughfares, or a unit of land not
contiguous to a public thorough-
fare but having access to a public
thoroughfare by other means as
provided in the Subdivision Ordi-
nance or Private Street Ordinance;
or (3) any approved unit of land
legally created subsequently to the
effective date of this ordinance
and containing not less than the
minimum lot area and width re-
quired by the zone in which the
property is located and having
frontage on a public dedicated
street.
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Section 290: LOT AREA AND
DIMENSIONS.
(1) LOT AREA. "Lot area"
means the total horizontal area
within the boundary lines of a lot.
(2) LOT DEPTH. "Lot depth"
means the horizontal length of a
straight line drawn from the mid-
point of the lot front line and at
right angles to such a line to its
intersection with a parallel line
passing through the midpoint of
the lot rear line. In the case of a
lot having a curved front line,
the lot front line, for purposes of
this section, shall be deemed to
be a line tangent to the curve and
parallel to a straight line connect-
ing the points of intersection of
the lot side lines of the lot with
the lot front line.
(3) LOT WIDTH. "Lot width"
means the horizontal length of a
straight line drawn between the
lot side lines measured at right
angles to the line comprising the
depth of the lot at a point midway
between the lot front and rear
lines. The length of the line con-
stituting the rear line of the re-
quired front yard shall never be
less than the lot width required
in the zone in which the property
is located.
Section 291: LOT LINES.
(1) LOT FRONT LINE. "Lot
front line" means, in the case of
an interior lot, the boundary line
separating the lot from the street.
In the case of a corner lot and
reverse corner lot, the lot front
line shall be the line separating
the narrowest street frontage of
the lot from the street. In the case
of corner lots or reverse corner
lots having equal street frontages,
that property line the prolongation
of which creates the front property
line for the greatest number of
interior lots in the same block
shall be considered as the lot front
line of such corner or reverse cor-
ner lot.
(2) LOT REAR LINE. "Lot
rear line" means a lot line which
is opposite and most distant from
the lot front line. For the purpose
of establishing the lot rear line
of a triangular or trapezoidal lot,
or of a lot the rear line of which
is formed by two or more lines.
the following shall apply:
(a) For a triangular or gore -
shaped lot, a line ten (10) feet in
length within the lot and farthest
removed from the lot front line
and at right angles to the line
comprising the depth of such lot
shall be used as the lot rear line,
(b) in the case of a trape-
zoidal lot the rear line of which
is not parallel to the lot front
line, the lot rear line shall be
deemed to be a line at right angles
to the line comprising the depth
of such lot and drawn through a
point bisecting the recorded lot
rear line,
(c) in the case of a pent-
agonal lot the rear boundary of
which includes an angle formed
by two lines, such angles shall be
employed for determining the lot
rear line in the same manner as
prescribed for a triangular lot,
(d) in no case shall the ap-
plication of the above be inter-
preted as permitting a main build-
ing to locate closer than five (5)
feet to any property line.
(3) LOT SIDE LINE. "Lot
side line" means any lot boundary
not in a lot front line or a lot
rear line.
Section 292: LOT TYPES.
(1) CORNER LOT. "Corner
lot" means a lot situated at the
intersection of two (2) or more
streets, the street frontages of
which lot form an angle not great-
er than one hundred twenty -eight
degrees (128 °), and not less than
forty -five degrees (45 °).
(2) INTERIOR LOT. "Interior
lot" means a lot other than a cor-
ner lot or a reverse corner lot.
(3) KEY LOT. "Key lot"
means the first lot to the rear of
a reverse corner lot and whether
or not separated by an alley.
(4) REVERSE CORNER LOT.
"Reverse corner lot" means a cor-
ner lot the side street line of
which is substantially a continu-
ation of the lot front line of the lot
upon which the rear of said re-
verse corner lot abuts.
(5) THROUGH LOT.
"Through lot" means a lot having
frontage on two (2) streets, in-
cluding a lot at the intersection
of two (2) streets when the street
sides of such lot from an internal
angle of less than forty -five de-
degrees (45 °). Corner lots and re-
verse corner lots as defined in
this ordinance are not through
lots.
(0) TRANSITIONAL LOT.
"Transitional lot" means a resi-
dentially-classified lot a side line
of which forms a common boun-
dary with contiguous property
classified for either a higher den-
sity residential use or commercial
or industrial uses.
Section 293: MEDICAL - DEN-
TAL BUILDING OR BUILDINGS.
"Medical- dental building or build-
ings" means a building or group
of buildings designed for the use
of and occupied and used by
Physicians and dentists and others
engaged professionally in such
healing arts for humans as are
recognized by the laws of the State
of California, including medical
clinics; the installation and use
of therapeutic equipment, X -ray
equipment or laboratories: chem-
ical, bio- chemical and biological
laboratories used as direct acces-
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sories to the medical - dental pro-
fessions; dental laboratories in-
cluding facilities for the making
of d e n t u r es on prescription;
pharmacies limited to the retail
dispensing of pharmaceutical and
sick room supplies (but not room
or orthopedic equipment and fur-
niture), provided there shall be
no exterior display windows or
signs pertaining to such accessory
uses other than a directory sign.
Section 294: MEDICAL -DEN-
TAL C L I N I C. "Medical- dental
clinic" means an establishment for
treatment of outpatients, and pro-
viding no overnight care for pa-
tients.
Section 295: MOTEL. "Motel"
means a group of attached or de-
tached buildings containing indi-
vidual sleeping units where a ma-
jority of such units open individu-
ally and directly to the outside,
and where a garage is attached
or a parking space is conveniently
located to each unit, all for the
temporary use by automobile tour-
ists or transients, and such word
shall include tourist courts, motor
courts, automobile court, automo-
bile camp and motor lodges. An
establishment shall be considered
a motel when it is required by the
Health and Safety Code of the
State of California to obtain the
name and address of the guests,
the make and license number of
the vehicle and the State in which
it was issued. A unit in a motel
having kitchen facilities shall con-
stitute a dwelling unit and shall
be subject to all of the provisions
and requirements of this ordinance
governing dwelling units for the
zone in which the establishment
is located, but never less than the
requirements of the heaviest mul-
tiple residental classification.
Section 296: NONCONFORMING
B U I L D I N G. "Nonconforming
building" means a building, or
portion thereof, which was law-
fully erected or altered and main-
tained but which, because of the
application of this ordinance to it
no longer conforms to the regu-
lations of the zone in which it is
located as defined by this ordi-
nance, or to the requirements of
the Temple City Building Code for
the type of building to accommo-
date the uses permitted in the zone
in which the building is located.
Section 297: NONCONFORMING
USE. "Nonconforming use" means
a use which was lawfully estab-
lished and maintained but which,
because of the application of this
ordinance to it, no longer conforms
to the use regulations of the zone
in which it is located as defined
by this ordinance. A nonconform-
ing building or nonconforming
portion of the building shall be
deemed to constitute a noncon-
forming use of the land upon
which it is located.
Section 298: OPEN SPACE, RE-
QUIRED. "Required open space"
means a portion of the area of a
lot or building site, other than re-
quired yards, which area is re-
quired by this ordinance, as set
forth in the different classifica-
tions contained herein, to be main-
tained between buildings, between
wings of a building, and between
buildings and any portion of a
property boundary line not con-
tiguous to a required front or side
yard. Such open spaces, as in the
case of required yards, are re-
quired to be free and clear of
buildings and structures and to
remain open and unobstructed
from the ground to the sky.
Section 299: OUTDOOR ADVER-
TISING DISPLAY. "Outdoor ad-
vertising display" means any card,
paper, cloth, metal, glass, wooden
or other display or device of any
kind or character whatsoever
placed or painted for outdoor ad-
vertising purposes on the ground,
or on any tree, wall, fence, rock,
structure or thing whatsoever.
Section 299.1: OUTDOOR AD-
VERTISING STRUCTURE. "Out-
door advertising structure" means
a structure of any kind of charac-
ter erected or maintained for out-
door advertising purposes upon
which any outdoor advertising dis-
play is, or can be, placed. The
term "outdoor advertising struc-
ture" includes the term "bill-
boards."
Section 299.2: PARCEL. "Par-
cel" means any unit of land other
than a lot as defined herein.
Section 299.3: PARKING AREA
PR IV A T E. "Private parking
area" means an open area other
than a street, alley or other
public property, limited to the
parking of automobiles of oc-
cupants or employees of a dwell-
ing, hotel, motel, apartment hotel,
apartment house, boarding house,
lodging house, commercial or in-
dustrial establishment to which
these facilities are accessory and
which are provided for the con-
venience of residents or patrons.
Section 299.4: PARKING AREA,
PUBLIC. "Public parking area"
means an open area other than a
street, alley or private parking
area, which open area has as its
primary purpose the providing of
parking facilities to the general
public, with or without a charge.
Parking facilities provided by a
public agency shall be considered
as being public parking areas.
Section 299.5: PARKING SPACE.
"Parking space" means an area
accessible to vehicles which is` pro-
vided, improved, maintained and
used for the sole purpose of ac-
commodating a motor vehicle.
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Ordinance 63 -112 Page 10
Section 299.6: PERSON. "Per-
son" means an individual, firm,
association, corporation, govern-
mental agency or political subdi-
vision.
Section 299.7: PET SHOP. "Pet
shop" means an establishment
dealing in buying and selling small
animals and birds such as are
customarily or occasionally har-
bored in domestic establishments
as pets, such as fish, dogs, cats,
parrots, canaries and other song
and decorative birds, monkeys,
hamsters and similar animals, but
specifically excluding dangerous
animals, fish or birds or danger-
ous or poisonous or constricting
reptiles. No boarding or veterinary
services are permitted except bath-
ing and clipping of dogs and cats.
Section 299.8: PRINCIPAL USE.
"Principal use" means the pri-
mary or predominant use to which
the property is devoted, and to
which all other uses on the prem-
ises are accessory.
Section 299.9: PROFESSIONAL
OFFICES. "Professional offices"
mean offices maintained and used
as a place of business conducted
by persons engaged in the healing
arts for human beings, such as
doctors and dentists (but wherein
no overnight care for patients is
given). and by engineers, attor-
neys, accountants and architects
and other persons providing serv-
ices utilizing training in and a
knowledge of the mental disciplines
as distinguished from training in
occupations requiring more skill or
manual dexterity, or the handling
of commodities whether tangible or
intangible.
Section 299.10: PUBLIC UTIL-
ITY. "Public utility" means a pri-
vate business organization such as
a public service corporation per-
forming some public service and
subject to special governmental
regulations, or a governmental
agency performing similar public
services, the service by either of
which are paid for directly by
the recipients thereof. Such serv-
ices shall include, but are not lim-
ited to, water supply, electric pow-
er, gas, transportation for persons
and freight.
Section 299.11: RECLASSIFICA-
TION OF PROPERTY. "Reclassi-
fication of property" means a
change in zone boundaries upon
the zoning map, which map is a
part of this ordinance when adopt-
ed in the manner prescribed by
law.
Section 299.12: RECLASSIFICA-
TION OF USE. "Reclassification
of use" means the assignment, by
amendment of this ordinance, of
a particular use to a different use
classification than that in which
the use was originally permitted.
Section 299.13: RECORDED.
1
"Recorded" means to be contain-
ed in the public file, or registered
with the County Recorder of the
County of Los Angeles, State of
California, unless otherwise stated
in this ordinance.
Section 299.14: RESIDENCE.
"Residence" means a building or
structure, or portion thereof,
which is designed for or used to
provide a place of abode for hu-
man beings, but not including ho-
tels or motel units having no
kitchens. The term "residence" in-
cludes the term "residential" as
referring to the type of or intend-
ed use of a building or structure.
Section 299.15: REST HOME OR
HOME FOR THE AGED. "Rest
home" and "home for the aged"
means a home operated as a
boarding home, the operator of
which is licensed by the State or
County to give special care and
supervision to his or her charges,
and in which nursing, dietary and
other personal services are fur-
nished to invalids and aged per-
sons, but in which are kept no per-
sons suffering from a mental sick-
ness, disease, disorder or ailment
or from a contagious or com-
municable disease, and in which
are performed no surgery, matern-
ity or other primary treatments
such as are customarily provided
in sanitariums or hospitals, or in
which no persons are kept or
served who normally would be ad-
mittable to a mental hospital.
Section 299.16: RETAINING
WALL. "Retaining wall" means
any wall used to resist lateral
displacement of any solid material.
Section 299.17. ROOF. "Roof"
means a structural covering over
any portion of a building or struc-
ture or open area, including the
projections beyond the walls or
supports of the buildings or struc-
ture. An open work covering shall
not be considered a roof if the up-
per surface area of the component
solid portions thereof, measured on
the horizontal plane, do not exceed
twenty per cent (20 %) of the area
of the covering.
Section 299.18: ROOM. "Room"
means an unsubdivided portion of
the interior of a dwelling unit,
excluding bathrooms, closets, hall-
ways and service porches.
Section 299.19: RUMPUS ROOM,
RECREATION ROOM OR FAM-
ILY ROOM, "Rumpus room,"
"recreation room" or "family
room" means a room or an area
within a dwelling, or in a build-
ing accessory to a dwelling, de-
signed, equipped or used as a
recreation room, including but
not limited to games, music, re-
freshments and facilities for serv-
ing, and similar utility purposes,
but which room shall not be used
as a separate dwelling unit.
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Section 299.20: SANITARIUM,
CONVALESCENT HOME, NURS-
ING HOME AND CONVALARI-
UM. "Sanitarium," "convalescent
home," "nursing home" and "con -
valarium" means establishments
providing long term care medical
facilities for human patients, but
not including alcoholics, drug ad-
dicts, persons with mental diseases
or communicable diseases. Such
establishments shall be licensed by
State agencies under provisions of
law, and shall perform no surgery,
maternity or other primary treat-
ments such as are customarily
provided in hospitals.
Section 299.21: SCHOOLS, ELE-
MENTARY, JUNIOR HIGH AND
HIGH. "Elementary schools,"
"Junior high schools" and "High
Schools" mean instiutions of learn-
ing, including parochial schools,
offering instruction in the several
branches of learning and study re-
quired by the Education Code of
the State of California to be
taught in the public and parochial
schools.
Section 299.22: SECOND HAND
STORES. "Second hand store"
means any retail establishment in
which the principal portion of the
articles, commodities or merchan-
dise handled, offered for sale, or
sold on the premises are not new.
Second hand stores shall not be
considered as including antique
stores or pawn shops.
Section 299.23: SERVICE STA-
TION, AUTOMOBILE. "Automo-
bile service station" means an oc-
cupancy limited to the retail sale
of petroleum products and automo-
bile accessories ; automobile wash-
ing by hand; waxing and polishing
of automobiles; tire changing and
repairing (excluding ,recapping) ;
battery service, charging and re-
placement but not including re-
pair and rebuilding of batteries ;
radiator cleaning and flushing but
excluding steam cleaning or re-
pairing'; installation of accessories;
also including the following oper-
ations if conducted within a
building— lubrication of motor ve-
hicles, brake servicing limited to
servicing and replacement of brake
cylinders and brake shoes, wheel
balancing, the testing, adjustment
and replacement of carburetors,'
coils, condensers, distributor caps,
fan b e 1 t s, filters, generators,
points, rotors, spark plugs, voltage
regulators, water and fuel pumps,
water hoses and wiring.
Section 299.24: SHELTER,
FALL - OUT, "Fall - out shelter"
means a structure or portion of a
structure, intended to provide pro-
tection to human life from nuclear
fall -out, air raids, storms or other
emergencies.
Section 299.25: SIGN. "Sign"
means any outdoor advertising dis-
play or outdoor advertising struc-
ture, or any indoor advertising
structure designed and placed so
as to be readable principally from
the outside.
Section 299.26: STAND. "Stand"
means a structure for the display
and sale of products with no space
for customers within the structure
itself.
Section 299.27: STORY. "Story"
means that portion of a building
included between the surface of
any floor and the surface of the
floor next above it. If there be no
floor above it, then the space be-
tween the floor and the ceiling
next above it shall be considered
a story. If the finished floor level
directly above the basement or
cellar is more than six (0) feet
above grade, such basement or
cellar shall be considered a story.
Section 299.28: STREET.
"Street" means a public or record-
ed private thoroughfare which af-
fords primary means of access to
abutting property, or a thorough-
fare providing secondary means of
access but having a width not less
than forty (40) feet.
Section 299.29: STREET LINE.
"Street line" means the boundary
line between a street and the abut-
ting property.
Section 299.30: STREET, SIDE.
"Side street" means a street which
is adjacent to a corner lot or a
reverse earner lot and which ex-
tends in the general direction of
the line determining the depth of
the lot.
Section 299.31: STRUCTURE.
"Structure" 'means anything con-
structed in the ground, or any-
thing erected which requires loca-
tion on the ground, or is attached
to something having location on
or in the ground, but not includ-
ing fences or walls used as fences
six (6) feet or less in height, or
paved areas.
Section 299.32: STRUCTURAL
ALTERATIONS. "Structural al-
terations" mean any change in the
supporting members of a building
or structure such as foundations,
bearing walls, columns, beams,
floor or roof joists, girders or
rafters, or changes in the exterior
dimensions of the building or
structure, or increase in floor
space.
Section 299.33: THEATRE,
DRIVE -IN. "Drive - in theatre"
means an establishment to provide
entertainment through projection
of motion pictures on an outdoor
screen for audiences whose seat-
ing accommodations are provided
by their own motor vehicles park-
ed in car spaces provided on the
same site with the outdoor screen.
Section 299.34: TO PLACE. The
verb "to place" and any of its
variants as applied to advertising
to advertising displays and out-
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Ordinance 63 -112
Page 12
door advertising structures. in-
cludes maintaining, erecting, con-
structing, posting, painting, print-
ing, nailing, glueing or otherwise
fastening, affixing or making visi-
ble in any manner whatsoever.
Section 299.35: TRAILER PARK,
TRAILER COURT, MOBILE
HOME PARK AND PUBLIC
TRAILER CAMP. "Trailer park,"
"trailer court," "mobile home
park" and "public trailer camp"
mean any area or tract of land
used or designed to accommodate
two (2) or more automobile house
trailers or tourist trailers, and in-
cluding trailer camp as defined by
law.
Section 299.36: UNCLASSIFIED
USE. "Unclassified use" means a
use possessing characteristics of
such unique and special form as
to make impractical its being made
automatically and consistently per-
missible in any defined classifica-
tion or zone as set forth in this
ordinance.
Section 299.37: UNCLASSIFIED
USE PERMIT. "Unclassified use
permit" means a limiting authority
granted by the City, and the docu-
mented evidence thereof, to locate
an unclassified use at a particular
location, and which locating au-
thority is required to apply or
modify the controls stipulated by
this ordinance.
Section 299.38: UNLISTED
USES. "Unlisted uses" mean uses
which are not specifically named
as permitted in any use classifica-
tion contained within this ordi-
nance.
Section 299.39: USE. "U s e"
means the nature of the occupan-
cy, the type of activity, or the
character and form of improve-
ments to which land is devoted or
may be devoted.
Section 299.40: VARIANCE.
"Variance" means an adjustment
in the application of the specific
regulations of this ordinance to a
particular piece of property which
property, because of special cir-
cumstances applicable to it, is de-
prived of privileges commonly en-
joyed by other properties in the
same vicinity and zone and which
adjustment remedies disparity in
privileges; provided, however, a
variance may involve modifications
of permissible uses for special
periods of time when related to
initial land development. or for
essential public purposes, or for
replacement of certain damaged
noncomforming buildings and
structures.
Section 299.41: YARD. "Yard"
means an open space other than a
court on a lot, unoccupied and un-
obstructed from the ground to the
sky, except as otherwise specifical-
ly set forth in this ordinance.
Section 299.42: YARD, REAR
LINE OF REQUIRED. "Rear line
of the required front yard" means
a line parallel to the lot front line
and at a distance therefrom equal
to the depth of the required front
yard, and extending across the full
width of the 1cc.
Section 299.43: YARDS, TYPES
AND MEASUREMENTS.
(1) FRONT YARD. "Front
yard" means an open area extend-
ing across the full width of the
lot and lying between the lot front
line and a line parallel thereto,
and having a distance between
such lines equal to the required
front yard depth as prescribed in
each classification. Front yards
shall be measured by a line at
right angles to the lot front line,
or by the radial line, or the radial
line extended in the case of a
curved lot front line. When a lot
lies partially within a street for
which a precise plan has been
adopted pursuant to law, and
where such street as defined on
the precise plan is of the type
that will afford legal access to
such lot, the depth of the front
yard shall be measured from the
contiguous street line of such
street as defined on the precise
plan in the manner prescribed in
this definition.
(2) SIDE YARD. "Side yard"
means an open area measured
from the lot side line toward the
center of the lot and extending
from the rear line of the required
front yard or from the lot front
line if there be no required front
yard, toward the lot rear line to
a point measuring two- thirds
( %rds) of the depth of the lot, ex-
cept that on the side street side of
corner lots and reverse corner lots
the required side yard shall extend
to the rear line of the lot and, in
the case of a reverse corner lot,
shall include all of that portion,
if any. of a triangle formed in
the following manner :
(a) On the common lot line
of the reverse corner lot and the
key lot a point shall be established
where the rear line of the required
front yard on the key lot meets
such common lot line;
(h) on the side street side
line of the reverse corner lot a
point shall be established at a
distance from the common street
corner of the key lot and the re-
verse corner lot equal to the depth
of the required front yard on the
key lot. If an alley intervenes
between the key lot and the re-
verse corner lot, the width of the
alley shall be included in determin-
ing the length of the line on the
side street line of the reverse cor-
ner lot :
(c) the third side of the tri-
angle shall be a straight line con-
necting points (a) and (b) above.
The width of a side yard shall
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Ordinance 63 -112
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be measured horizontally from,
and at right angles to, the lot
side line toward the center of the
lot.
Section 299.44: ZONE. "Zone"
means an area accurately defined
as to boundaries and location, and
classified by the zoning ordinance
as available for certain categories
of uses as set forth in this ordi-
nance, and within which other
categories of uses are excluded.
ARTICLE 3
ESTABLISHING USE CLASS-
IFICATIONS AND PROVID-
ING FOR PRECISELY IDEN-
TIFYING BY MAP THOSE
AREAS TO BE KNOWN AS
ZONES TO WHICH THE
VARIOUS CLASSIFICATIONS
ARE APPLIED.
Section 300: PURPOSE OF OR-
DINANCE. The purpose of this
ordinance is to classify uses and
to regulate the location of such
uses in such manner as to group
as nearly as possible those uses
which are mutually compatible,
and to protect each such group of
uses from the intrusion of incom-
patible uses which would destroy
the security and stability of land
and improvements and which
would prevent the greatest prac-
tical convenience and service to
the citizens of the City of Temple
City; to make it possible to more
efficiently and economically design
and install all physical public
service facilities in terms of size
and capacity to adequately and
permanently meet the ultimate re-
quirements resulting from a de-
fined intensity and type of land
use to require essential related
facilities with particular reference
to the traffic pattern and well -lo-
cated and well- designed off - street
parking and, through the medium
of the map which is a part of this
ordinance, to establish the geo-
graphical location and boundaries
of the areas or zones to which the
different classifications will apply.
A further purpose of his ordi-
nance is to establish required min-
imum lot areas, yards and open
spaces as a means of providing
a suitable environment for living,
business and industry, and to
maintain reasonable population
densities and reasonable intensities
of land use, all for the general
Purpose of conserving public
health, safety, morals, convenience
and general welfare.
Section 301: NAMES OF CLAS-
SIFICATIONS. In order to accom-
plish the purpose of this ordinance
nine (9) use classifications are es-
tablished in each of which regula-
tions are prescribed concerning the
permissible uses, the height and
bulk of buildings, the area of
yards and other open spaces about
buildings, and determining the
density of population, such classi-
fications to be known as follows:
R -1 — Low - density Residential
Classification
R -2 — Medium - density Resi-
dential Classification.
R -3 — High- density Residen-
tial Classification
R -4 — Maximum - density Resi-
dential - Restricted
Serviec Classification
C -C — Commercial Center
Classification
C -2 — General Commercial
Classification
C -M — Commercial- Manufac-
turing Classification
M -1 — Limited Industrial
Classification
M -2 — Heavy Industrial
Classification
1—
Where areas are shown on the
zoning map enclosed with a heavy
dashed line, the areas thus shown
are intended to approximate the
future location for that type of
land use indicated by the symbol
therein enclosed with a circle (see
Sections 1405, 1406 and 1407). Un-
circumscribed symbols within such
designated areas represent pres-
ent classifications,
Section 302: DEGREE OF RE-
STRICTIVENESS. In the different
major categories of uses estab-
lished by this ordinance the "R"
category is considered the most re-
strictive, and the other major cate-
gories are less restrictive in the
following sequence — "C" and "M,"
To further distinguish the degree
of restrictiveness between the vari-
ous major categories the sequence
is as follows:
(1) In the "R" category, that
classification which establishes the
lowest population density and re-
quires the highest standards of lot
area, yards and open spaces is
considered to be the most restric-
tive, and the uses permitted in
such classification are considered
to be the lightest and most re-
strictive. The R -1 classification
and the uses permitted therein is
considered to be the lightest and
most restrictive. As greater popu-
lation density is permitted by clas-
sification, the uses permitted are
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Ordinance 63 -112
Page 14
considered to be heavier and less
restrictive in the following se-
quence — R -2, R -3 and R -4.
(2) In the "C" category that
classification which establishes the
most stringent performance stand-
ards is considered to be the light-
est and most restrictive commer-
cial classification, and the uses
permitted in such classification are
considered to be the lightest and
most restrictive commercial uses.
In the commercial category as set
forth in this ordinance, the C -C
classification and the uses permit-
ted therein are the lightest and
most restrictive, and the classifi-
cations and uses become heavier
and less restrictive in the follow-
ing sequence — C -2 and C -M.
(3) In the "M" category, that
classification which establishes the
most stringent performance stand-
ards is considered to be the light-
est and most restrictive industrial
classification and the uses permit-
ted in such classification are con-
sidered to be the lightest and most
restrictive. In the industrial cate-
gory as set forth in this ordinance,
the M -1 classification and the uses
permitted therein are the lightest
and most restrictive, and the M -2
classification and the uses permit-
ted therein are heavier and less
restrictive.
Section 303: ESTABLISHMENT
OF ZONES BY MAP. The location
and boundaries of the various
zones in which specifically classi-
fied uses are permitted are such
as are shown and delineated on
the zoning map of the City of
Temple City, which map is the
official precise land use plan and
is a part of this ordinance as
adopted by the City Cocncil in the
manner prescribed by law.
Section 304: DIVISION OF ZON-
ING MAP. The zoning map rnay,
for convenience, be divided into
parts and each such part may,
for purposes of more readily iden-
tifying locations within such zon-
ing map, be divided into units, and
such parts and units may be
separately employed for identifica-
tion purposes when adopting or
amending the zoning map or for
any official. reference to the zoning
map.
Section 305: CHANGES IN
BOUNDARIES. Ghanges in the
boundaries of the zones shall be
made by ordinance adopting an
amended zoning map, or part of
said map, or unit of a part of
said zoning map, which said
amended maps, or parts or units of
parts, when so adopted, shall be
published in the manner prescribed
by law and become a part of this
ordinance.
Section 306: UNCERTAINTY
OF BOUNDARIES. Where uncer-
tFinty exists as to the boundaries
of any zone shown upon a zoning
map or any part or unit thereof,
the following rules shall apply:
(1) Where such boundaries are .
indicated as approximately follow•
ing street or alley lines or lot
lines, such lines shall be construed
to be such boundaries;
(2) in the case of unsubdivided
property, and where a zone boun-
dary divides such property, the lo-
cation of such boundaries, unless
the same are indicated by dimen-
sions, shall be determined by use
of the scale appearing on said
zoning map;
(3) Where a lot or lots sub-
divided and recorded subsequent
to the zoning of the area in which
they are located become so placed
that they are unequally bisected
longitudinally by the boundary
lines of different zones, the zone
boundary may be considered as
following the lot lines of the lot
or lots so bisected in such manner
as to place a lot wholly in that
zone classification which applied
to the major portion of the lot
before the zone boundary was ad-
justed ;
(4) Where a lot or lots are
equally bisected longitudinally by
a zone boundary line, the total
lot shall acquire the most restric-
tive use classification of the two
zone classifications involved;
(5) where a lot or lots are
bisected by the boundary line be-
tween two zones and such boun-
dary line parallels or approximate-
ly parallels the street on which
such bisected lot or lots front, the
total area of such bisected lot or
lots shall acquire the classification
of that zone within which the
front portion of the bisected lot
or lots lie. This provision shall
not apply to throueh lots;
(6) where a public street or
alley is officially vacated or aban-
doned, the area comprising such
vacated street or alley shall ac-
quire the classification of the
property to which it reverts; and
(7) areas of dedicated streets
or alleys and railroad rights -of-
way other than such as are desig-
nated on the zoning map as being
classified in one of the zones pro-
vided in this ordinance, shall be
deemed to be unclassified and, in
the case of streets, permitted to
be used only for street purposes as
defined by law and, in the case of
railroad rights -of -way, permitted
to be used solely for the purpose
of accommodating tracks, signals,
other operative devices and the
movement of rolling stock.
Section 307: CLASSIFYING OF
UNCLASSIFIED PROP E R T Y.
Any property which for any rea-
son, other than the fact that it is
a railroad right -of -way or a street,
is not designated on the zoning
map as being classified in any of
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Ordinance 63 -112
Page 15
the zones established hereby, shall
be deemed to be classified R -1.
Section 308: PREZONING OF
PROPERTIES OUTSIDE OF
CITY. The City Council recognizes
the fact that a city's social and
economic life is seldom limited to
the area within its corporate lim-
its; that real need exists to con-
sider zoning and physical planning
on the basis of the existing and
developing area rather than only
the areas currently within the city
limits; that State law, through
the medium of the State Planning
Law, recognizes the existence of
the relationship betwen a city and
the areas adjacent thereto and has
incorporated in such State Plan-
ning Law a mandate that cities
shall preplan areas contiguous
thereto if, in the opinion of the
city, such areas bear a relation-
ship to its planning. In recogni-
tion of such policy and purpose
and the possibility of annexation
of adjoining lands, the City un-
dertakes to establish an expansion
of a consistent land -use pattern
that shall prevail if and when
areas contained within such ex-
panded plans annex to the City.
For that purpose prezoning maps
may be developed and adopted in
the same manner prescribed by
this ordinance for the classifica-
tion or reclassification of property
within the City.
Section 309: ZONING STATUS
OF ANNEXING PROPERTIES.
(1) If a prezoning map for an
area has been adopted, than such
annexing property contained there-
in shall, upon becoming a part
of the City, possess the classifica-
tion indicated on the detailed pre -
zoning map, and such portions of
the prezoning map governing prop-
erties so annexed shall become a
part of the City's zoning map and
thereafter be subject to all of the
provisions of this ordinance.
(2) If a prezoning map for an
area has not been adopted, then
such area shall, upon annexation,
be deemed to be temporarily zoned
as R -1 under this ordinance until
such land is classified after being
processed as an amendment to the
zoning map. However, The City
Council may, upon the recommen-
dation of the Planning Commis-
sion, invoke a classification on
such annexing properties other
than R -1 by the adoption of an
emergency interim ordinance when
deemed necessary for the protec-
tion of the health, safety and wel-
fare of the City and the property
involved. Formal proceedings,
however, must be instituted within
one (1) year from the effective
date of the interim ordinance to
`Properly amend the zoning ordi-
nance in the manner set forth in
Article 19, and the interim ordi-
nance repealed.
1
Section 310: LIMITATION OF
LAND USE. Except as provided
in this ordinance, no building or
structure shall be erected, recon-
structed or structurally altered,
nor shall any building, structure
or land be used for any purpose
except as hereinafter specifically
provided and allowed in the zone
in which such building, land or
use is located.
ARTICLE 4
R -1 - LOW- DENSITY RESI-
DENTIAL CLASSIFICATION
Section 400: PURPOSE OF
CLASSIFICATION. The principal
objective and purpose to be served
by this classification and its appli-
cation is to create a living environ-
ment of the highest standards for
single- family dwellings by means
of the standards and requirements
set forth herein with regard to
minimum lot area, yards and open
spaces required to be maintained.
A related consideration is to make
it possible to more efficiently and
economically design, install and
maintain all physical public serv-
ice facilities in terms of size and
capacity to adequately and per-
manently meet needs resulting
from a defined intensity of land -
use.
Section 401: PERMITTED
USES. In an R -1 zone the follow-
ing uses only are permitted and
as hereinafter specifically provided
and allowed by this Article, sub-
ject to the off - street parking re-
quirements and the general pro-
visions, conditions and exceptions
set forth in this ordinance begin-
ning with Article 14.
(1) A one - family dwelling,
(2) Accessory buildings, struc-
tures and uses including, but not
limited to the following:
(a) Aviaries (private and
non - commercial) for birds such as
canaries and other song and deco-
rative birds, provided the total
number of birds shall not exceed
fifty (50),
(b) greenhouses (private and
non - commercial) for propagation
and culture only, and no sales
from the premises is permitted,
(c) horses and donkeys for
use by the occupants of the prem-
ises only, under the following con-
ditions;
(1) on Lots containing not
less than 15,000 square feet of area
—1 horse or 1 donkey may be
maintained thereon,
(2) on lots containing 20,-
000 square feet of area, two (2)
horses or two (2) donkeys, or one
(1) of each, may be maintained
thereon,
(3) for each ten thousand
(10,000) square feet of area In ad-
dition to twenty thousand (20,000)
square feet of area one (1) addi-
318
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1
Ordinance 63 -112 Page 16
tional horse or one (1) additional
donkey may be maintained.
(d) household pets (but not
including simians or dangerous
animals or poisonous or constrict-
ing reptiles) provided the total
number in any combination there-
of shall not exceed three (3),
(e) private garages to ac-
commodate not more than four
(4) cars, one of which may be a
commercial vehicle not exceeding
three - fourths (s 4) ton capacity as
defined in the State Vehicle Code,
(f) swimming pools and
other recreational facilities for the
sole use of the occupants of the
premises and their guests,
(g) maintaining of a mail
address for commercial and busi -,
ness license purpose only, provided
there is no display; no storage of
materials or supplies; no stock in
trade or commodity sold upon the
premises; no professional equip-
ment, apparatus or business equip-
ment or trucks kept or stored on
the premises except as set forth
in subparagraph (e) of this para-
graph; no person, employee or as-
sistant in connection therewith is
engaged for services on the prem-
ises or dispatched from the prem-
ises; and no mechanical equipment
is used except such as is customar-
ity used for domestic purposes.
(3) Churches, provided the fol-
lowing conditions are conformed
to:
(a) The following site areas
are provided;
— for buildings (including a
sanctuary) containing up
to 150 fixed seats or the
equivalent 1 acre
—for buildings (including a
sanctuary) containing up
to 300 fixed seats or the
equivalent ....... 2 acres
—for buildings (including a
sanctuary) containing up
to 450 fixed seats or the
equivalent 3 acres
— for buildings (including a
sanctuary) containing up
to. 600 fixed seats or the
equivalent 4 acres
The minimum site area require-
ments are based on the number
of fixed seats, but if there be no
fixed seats, or if there be other
floor space used for assembly pur-
poses simultaneously with the area
containing fixed seats, including
class rooms, then each ten (10)
square feet of such floor area
shall be deemed to be the equiva-
lent of one (1) fixed seat and
shall be included on that basis in
determining the site area and the
total parking requirements. In no
case shall a site area for church
purposes be less than one (1)
acre;
(b) the limitations on lot
coverage by buildings need not
apply;
(c) buildings and structures
shall observe all yard require-
ments of the zone in which the
property is located, and a detach-
ed one - family dwelling on the site
shall observe the required distance
between buildings as prescribed for
the zone in which the site is lo-
cated;
(d) buildings and structures
may exceed the height limits
established by this classifination,
provided any required yard or
open space adjacent to a perpen-
dicular wall which exceeds the
height limit shall be increased one
(1) foot in width for each foot
such wall exceeds the height limit;
(e) a solid masonry wall six
(6) feet in height shall be con-
structed and maintained on any
property line which is a common
property line with "R" classified
property, except that along the
portion of the common property
line constituting the depth of the
required front yard on the adjoin-
ing residentially - classified proper-
ty such wall shall not be less than
thirty -six (36) inches or more than
forty -two (42) inches in height;
(f) on interior lots the side
yards and the open space required
at the lot rear line may be used
for off- street parking and, on cor-
ner lots, the side yard at the lot
interior side line and the open
space at the lot rear line may be
similarly used; under no circum-
stances, however, may the required
front yard or the required yard
on the side street side be used for
off- street parking;
(g) • all lights provided to il-
luminate any parking area or
building on such lot or site shall
be so arranged as to direct the
light away from any adjoining
premises;
(h) the following signs only
are permitted —
(.1) one (1) sign area on
th" outside wall of the main build-
ing and parallel thereto having an
area not greater than twenty (20)
square feet:
(2) a detached sign having
dimensions totalling not more than
twenty (20) square feet and on
which both faces may be utilized,
such sign being securely mounted
on the ground on supports and the
top of which sign shall not be
more than six (6) feet above the
natural level of the ground upon
which it .rests; on corner lots one
additional such sign may be placed
On the side street side;
(i) for purposes of determin-
ing conformance to the foregoing
conditions a plot plan showing ul-
timate location and use of all
buildings, location of signs, loca-
tion of off- street parking areas,
ingress to and egress from parking
areas, landscaping and sketches to
scale showing the building eleva-
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Ordinance 63 -112
Page 17
tions and floor space to be devoted
to seating or assembly purposes,
shall be filed with and approved
by the Planning Commission, and
thereafter the issuance of building
permits shall be governed by and
conform to the approved plot plan.
If, later, a modified plot plan is
submitted, it shall be filed with
the Planning Commission and the
Planning Commission shall then
refer the modified plot plan to
the Building Department. The
modified plan shall conform to the
conditions and requirements of this
ordinance or any amendments in
effect at the time the modified
plan is submitted.
(4) Communications equipment
buildings, provided —
(a) all yard requirements
and height and coverage limita-
tions of this classification shall
be conformed to,
(b) all required yards shall
be landscaped consistent with sur-
rounding residential standards,
(c) there shall be no storage
of any kind on the premises,
(d) no full -time assigned
personnel shall be based on the
premises.
(5) Electric distribution substa-
tions, including microwave receiv-
ing and relaying installations re-
lated to public utilities, provided —
(a) all yard requirements
of this classification shall be con-
formed to,
(b) any equipment or
structure shall observe a distance
of twenty (20) feet from any boun-
dary line that is a common prop-
erty line with "R" classified prop-
erty,
(c) all equipment and
structures shall be completely en-
closed by a solid masonry wall
not less than six (6) feet in height,
and the area outside of such wall
or fence shall be landscaped con-
sistent with surrounding residen-
tial standards, and a plot plan
showing the type and location of
the walls and the landscaping in-
tended to be installed shall be sub-
mitted to and approved by the
Planning Commission.
(6) Foster - family twenty -four
hour care home, provided the num-
ber of foster children shall not
exceed three (3) at any one time.
(7) Libraries, branch.
(8) Parks and recreational
areas (publicly -owned and oper-
ated)
(9) Schools, elementary, junior
high and high, (public or non-
profit private) provided the follow-
ing conditions are conformed to :
(.a) No less than the follow-
ing minimum site areas shall be
provided:
—for Elementary Schools____ 5 acres
—for Junior High Schools.___10 acres
—for Senior High Schools____15 acres
(b) any buildings or struc-
1
tures on the site shall maintain
all yards and open spaces required
by this classification:
(c) all buildings or struc-
tures shall maintain a distance not
less than thirty (30) feet from any
boundary line that is a common
property line with "R" classified
property;
(d) all buildings and struc-
tures, including accessory build-
ings and structures, shall not
cover more than thirty -five per-
cent (35%) of the area of the site;
(e) a solid masonry wall six
(6) feet in height shall be erected
and maintained on any boundary
line which is a common property
line with "R" classified property
except that along the portion of
the common property line consti-
tuting the depth of the required
front yard on such adjoining prop-
erty such wall shall be not less
than thirty -six (36) inches nor
more than forty -two (42) Inches
in height.
(10) A two - family dwelling as
a transitional use, when the lot
or building site upon which it is
located has an area of not less
than five thousand (5,000) square
feet and has a side line abutting
a lot or lots classified for R -3,
R -4, C -C, C -2, C -M, M -1 or M -2
uses, whether or not an alley in-
tervenes, but in no case shall the
property used for such two - family
dwelling consist of more than one
(1) lot or be more than sixty (60)
feet in width, whichever is the
least width.
(11) Signs (in addition to those
allowed for churches) as follows:
(a) One (1) unlighted name
plate not exceeding two and one -
half (21/2) square feet of area;
(b) one (1) unlighted sign
not exceeding six (6) square feet
in area pertaining only to the sale,
lease or hire of only the particu-
lar building, property or premises
upon which displayed.
(12) Unclassified uses, see Ar-
ticle 13.
Section 402: LOT AREA. The
minimum required area of a lot
in an R -1 zone shall be seven
thousand two hundred (7,200)
square feet.
Section 403: LOT AREA PER
DWELLING UNIT. In an R -1 zone
the lot area per dwelling unit
shall be not less than seven
thousand two hundred (7,200)
square feet, provided where a lot
of record on the effective date of
this ordinance has less than seven
thousand t w o hundred (7,200)
square feet, the lot area per dwel-
ling unit for such lot shall be the
area of the lot. In the case of a
permitted two - family transitional
use, the lot area per dwelling unit
shall be not less than one -half
320
1
Ordinance 63 -112
Page 18
the area of the lot, but never less
than two thousand five hundred
(2,500) square feet.
Section 404: LOT WIDTH. In an
R -1 zone every lot created after
the effective date of this ordi-
nance shall have a width of not
less than sixty (60) feet, unless
otherwise Provided by a variance
or a site development plan.
Section 405: FRONT YARD. In
an R -1 zone every lot shall have
a front yard with a depth not less
than twenty (20) feet. In the case
of key lots and lots which side upon
commercially- or industrially -clas-
sified property, the required front
yard depth shall be not less than
fifteen (15) feet.
Section 406: SIDE YARDS. In an
R -1 zone every lot shall have a
side yard on each side of the lot
not less than ten percent (10 %) of
the width of the lot, but such side
yards shall never be less than five
(5) feet and need not be more
than ten (10) feet in width.
Section 407: PERMITTED
HEIGHT. In an R -1 zone no build-
ing or structure shall exceed a
height of two and one -half (2 -1,0
stories or thirty -five (35) feet,
whichever is the lesser height.
Section 408: PERMISSIBLE
LOT COVERAGE. All buildings,
including accessory buildings and
structures, covered swimming pools
and any areas used to provide
parking for boats and trailers,
shall not cover more than forty
Percent (40 %) of the area of the
lot.
Section 409: PLACEMENT OF
BUILDINGS AND STRUCTURES.
Placement of buildings and struc-
tures on any lot in an R -1 zone
shall conform to the following:
(1) INTERIOR LOTS:
(a) Any building any portion
of which contains a dwelling unit
or accessory living quarters shall
observe a distance from any lot
side line and the lot rear line the
equivalent of the required side
yard on such lot;
(b) the distance between a
building containing a dwelling unit
or accessory living quarters and
any other buildings or structures
on the same lot shall be not less
than twice the width of the side
yard required on the lot;
(c) on the rear third of an
interior lot accessory buildings and
structures not containing accessory
living quarters may be built to
the lot side lines and the lot rear
line, provided If the rear of the
lot abuts upon an alley a garage
with a vehicular entrance from
the alley shall maintain a distance
of not less than fifteen (15) feet
from the center line of the alley;
if either an alley or a utility ease-
ment exists along the rear of the
lot, not less than ten (10) feet of
1
the lot rear line shall be main-
tained free and clear of buildings
or structures, except for a fence
with a gate to provide access to
the alley or utility easement as
the case may be. If a utility pole
is located on the easement, then
the required opening in the fence
or wall shall be so located as to
provide immediate access to the
pole.
(2) CORNER LOTS AND RE-
VERSE CORNER LOTS.
(a) Any building any portion
of which contains a dwelling unit
or accessory living quarters shall
observe a distance from any lot
side line and the lot rear line the
equivalent of the required side
yard on such lot;
(b) the distance between a
building containing a dwelling unit
or accessory living quarters and
any other buildings or structures
on the same lot shall be not less
than twice the side yard required
on the lot;
(c) on the rear third of a
corner lot accessory buildings or
structures not containing accessory
living quarters may be built to
the lot interior side line and the
lot rear line, provided if the rear
of the lot abuts upon an alley a
garage with a vehicular entrance
from the alley shall maintain a
distance of not less than fifteen
(15) feet from the center line of
the alley.
(d) on the rear third of a
reverse corner lot accessory build-
ings or structures not containing
accessory living quarters may be
built to the lot interior side line,
but no building or structure shall
be erected closer to the lot rear
line than a distance equal to the
width of the required side yard
on such reverse corner lot unless
the lot rears upon an alley, in
which case accessory buildings or
structures may be built to the lot
rear line unless it be a garage
with a vehicular entrance directly
from the alley, then such build-
ing shall maintain a distance not
less than fifteen (15) feet from
the center line of the alley;
(e) in all cases the width of
the required side yard on the side
street side shall be observed.
(3) There is no minimum re-
quired distance between accessory
buildings and structures contain-
ing no accessory living quarters.
ARTICLE 5
R -2 - MEDIUM - DENSITY RESI-
DENTIAL CLASSIFICATION
Section 500: PURPOSE OF
CLASSIFICATION. The principal
objective and purpose to be served
by this classification and its ap-
plication is to permit a limited
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Ordinance 63 -112
Page 19
increase in population density in
those areas to which this classi-
fication applies by permitting two
(2) dwelling units on a lot while,
at the same time, by means of
the standards and requirements
set forth herein, maintaining a
desirable family living environ-
ment by establishing a minimum
lot area, and yards and open
spaces proportionate to the size
of the lot. A related consideration
is to make it possible to more
efficiently and economically de-
sign, install and maintain all
physical public service facilities in
terms of size and capacity to ade-
quately and permanently meet the
needs resulting from a defined in-
tensity of land use.
Section 501: PERMITTED USES.
In an R -2 zone the following uses
only are permitted and as herein-
after specifically provided and al-
lowed by this Article, subject to
the off - street parking require-
ments and the general provisions,
conditions and exceptions set forth
in this ordinance beginning with
Article 14.
(1) Any use permitted in an
R -1 zone, provided all such uses
shall conform to the conditions
and limitations set forth for each
in the R -1 classification except the
lot coverage permitted in this
classification shall apply.
(2) Accessory buildings, struc-
tures and uses as set forth in the
R -1 classification, except the keep-
ing of horses and donkeys, and
the capacity of garages shall be
limited to three (3) cars per dwell-
ing unit.
(3) Two- family dwellings,
(4) Lodging and boarding
houses, provided the dwelling in
which such use is conducted is the
only dwelling unit on the prem-
ises,
(5) A multiple dwelling as a
transitional use, when the lot on
which it is located has a side line
abutting a lot or lots classified
for C -C, C -2, C -M, M -1, or M -2,
whether or not an alley intervenes,
but in no case shall the property
used for such multiple - family
dwelling consist of more than one
(1) lot or be more than sixty (00)
feet in width, whichever is the
least width.
(6) Unclassified uses, see Ar-
ticle 13.
Section 502: LOT AREA. The
minimum required area of a lot
in an R -2 zone shall be seven
thousand two hundred (7,200)
square feet.
Section 503: LOT AREA PER
DWELLING UNIT. In an R -2
zone the lot area per dwelling
unit shall be not less than three
thousand six hundred (3,600)
square feet, provided if a lot has
less than seven thousand two hun-
dred (7,200) square feet of lot area
but not less than four thousand
five hundred (4,500) square feet,
and such lot was of record on the
effective date of this ordinance,
the lot area per dwelling unit
shall be not less than one -half
the total square foot area of the
lot. If a lot has less than four
thousand five hundred (4,500)
square feet of lot area, such lot
may be used only for o, single -
family dwelling. In the case of a
permitted multiple - family use on
a transitional lot, the lot area per
dwelling unit shall be not less
than one thousand eight hundred
(1,800) square feet.
Section 504: LOT WIDTH. In an
R -2 zone every lot created after
the effective date of this ordinance
shall maintain a width of not less
than sixty (60) feet, unless other-
wise provided by a variance or a
site development plan.
Section 505: FRONT YARD. In
an R -2 zone every lot shall have
a front yard with a depth of not
less than twenty (20) feet. In the
case of key lots and lots which
side upon commercially- or indus-
trially- classified property, the re-
quired front yard depth shall be
not less than fifteen (15) feet.
Section 506: SIDE YARDS. In
an R -2 zone every lot shall have a
side yard on each side of the lot
not less than ten percent (10 %)
of the width of the lot, but such
side yards shall never be less than
five (5) feet in width and need
not be more than ten (10) feet
in width.
Section 507: PERMITTED
HEIGHT. In an R -2 zone no build-
ing or structure shall exceed a
height of two and one -half (21A)
stories or thirty -five (35) feet,
whichever is the lesser height.
S e et i on 508: PERMISSIBLE
LOT COVERAGE. All buildings,
including accessory buildings and
structures, c over e d swimming
pools and any areas used to pro-
vide parking for boats or trailers,
shall not cover more than fifty
percent (50%) of the area, of the
lot. In the case of a permitted
multiple dwelling on a transitional
lot the maximum permitted lot
coverage shall be sixty percent
(60%) of the area of the lot.
Section 509: PLACEMENT OF
BUILDINGS AND STRUCTURES.
Placement of buildings and struc-
tures on any lot in an R -2 zone
shall conform to the following:
(I) INTERIOR LOTS:
(a) Any building any portion
of which contains a dwelling unit
or accessory living quarters shall
observe a distance from any lot
side line and the lot rear line the
equivalent of the required side
yard on such lot;
(b) the distance between a
building containing a dwelling unit
or accessory living quarters and
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Ordinance 63 -112
Page 20
any other buildings or structures
on the same lot shall be not less
than twice the side yard required
on the lot;
(c) on the rear third of an
interior lot accessory buildings
and structures not containing ac-
cessory living quarters may be
built to the lot side lines and the
lot rear line, provided if the rear
of the lot abuts upon an alley a
garage with a vehicular entrance
from the alley shall maintain a
distance of not less than fifteen
(15) feet from the center line of
the alley; if either an alley or a
utility easement exists along the
rear of the lot, not less than ten
(10) feet of the lot rear line shall
be maintained free and clear of
buildings or structures, except for
a fence with a gate to provide ac-
cess to the alley or utility ease-
ment, as the case may be. If a
udtility pole is located on the ease-
ment, then the required opening
in the fence or wall shall be so
located as to provide immediate
access to the pole.
(2) CORNER. LOTS AND RE-
VERSE CORNER LOTS:
(a) Any building, any por-
tion of which contains a dwelling
unit or accessory living quarters
shall observe a distance from any
lot side line and the lot rear line
the equivalent of the required side
yard on such lot;
(b) the distance between a
building containing a dwelling
unit or accessory living quarters
and any other buildings or struc-
tures on the same lot shall be not
less than twice the side yard re-
quired on the lot;
(c) on the rear third of a
corner lot accessory buildings or
structures not containing accessory
living quarters may be built to
the lot interior side line and the
lot rear line, provided if the rear
of the lot abuts upon an alley a
garage with a vehicular entrance
from the alley shall maintain a
distance of not less than fifteen
(15) feet from the center line of
the alley;
(d) on the rear third of a
reverse corner lot accessory build-
ings or structures not containing
accessory living quarters may be
built to the lot interior side line,
but no building or structure shall
be erected closer to the lot rear
line than a distance equal to the
width of the required side yard
on such reverse corner lot unless
the lot rears upon an alley, in
which case accessory buildings or
structures may be built to the lot
rear line unless it be a garage
with a vehicular entrance directly
from the alley, then such building
shall maintain a distance not less
than fifteen (15) feet from the cen-
ter lire of the alley;
(e) in all cases the width of
the required side yard on the side
street side shall be observed.
(3) There is no minimum re-
quired distance between accessory
buildings and structures containing
no accessory livig quarters.
ARTICLE 6
R -3 — HIGH - DENSITY REESI-
DENTIAL CLASSIFICATION
Section 600: PURPOSE OF
CLASSIFICATION. The princi-
pal objective and purpose to be
served by this classification and
its application is to establish areas
permitting a greater population
density than is allowed in more
restrictive classifications and to
permit accommodations and care
for a limited number of individuals
who may or may not constitute a
family unit as defined in this ordi-
nance while, at the same time, by
means of the standards and re-
quirements set forth herein, main -
taiing a desirable family living en-
vironment by establishing a mini-
mum lot area, and yards and open
spaces proportionate to the size
of the lot. A related consideration
is to make it possible to more effi-
ciently and economically design.
install and maintaain all physical
public service facilities in terms of
size and capacity to adequately
and permanently meet needs re-
sulting from a defined maximum
intensity of land use.
Section 601: PERMITTED
USES. In an R -3 zone the follow-
ing uses only are permitted and
as hereinafter specifically provid-
ed and allowed by this Article.
subject to the off- street parking
requirements and the general pro-
visions, conditions and exceptions
set forth in this ordinate beginnig
with Article 14.
(1) Any use permitted in the
R -1 and R -2 zones, except that —
(a) on lots containing an
area more than thirty -six hun-
dred (3,600) square feet a single
one - family dwelling is permitted
only as a component of multiple
residential use as set forth in Sec-
tion 604 of this Article:
(b) the greater use of a
transitional lot is not permitted,
(c) any use permitted in the
R -1 and R -2 zones shall be subject
to the same conditions and limita-
tions set forth for each in the
classification in which each is first
permitted, except that in the case
of communications equipment
buildings the restrictions on num-
ber of and type of personnel shall
not apply, and the lot coverage
permitted by this classification
shall apply.
(2) Accessory buildings, struc-
tures and uses as set forth in the
R -1 classification, except the keep-
ing of horses and donkeys.
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1
Ordinance 63 -112
Page 21
(3) Boarding homes and guest
homes, provided the dwelling in
which such use is conducted is the
only dwelling on the premises.
(4) Boarding and lodging
houses, provided the dwelling in
which such use is conducted is the
only dwelling on the premises,
(5) Day nurseries, provided —
(a) the number of children
cared for shall not exceed six (6)
at any one time; and
(b) the dweelling in which
such use is conducted is the only
dwelling unit on the premises,
(6) Fire stations,
(7) Foster family day care
homes, provided —
(a) the number of children
cared for shall not exceed six (6)
at any one time; and
(b) the dwelling in which
such use is conducted is the only
dwelling unit on the premises,
(8) Multiple dwellings,
(9) Open -air public parking
areas for the temporary parking
of automobiles without monetary
charge except when operated by,
or for, a public parking authority
when the property on which the
parking area is located in an R -3
zone abuts upon a lot classified
for commercial or industrial pur-
poses, whether or not an alley
intervenes, and when no residence
is located on the property, pro-
vided the following conditions are
conformed to—
(a) no such area shall be
used for a car, truck, trailer or
boat sales area or for the acces-
sory commercial storage of cars,
trucks, trailers or boats; and
(b) the minimum front yard
depth required by this classifica-
tion shall be maintained, and a
solid masonry wall six (6) feet in
height shall be placed on the rear
line of the required front yard
across the entire width of the
lot, except where entrance -exit fa-
cilities are specifically allowed by
this paragraph (9); such front
yard shall be landscaped and so
maintained in its entirety, and
such yard shall not be used for
the parking or storage of cars,
trailers, trucks or boats ;
(c) entrance and exit facili-
t±rs to the parking area shall be
from the commercial or industrial
property being served, or from
the intervening alley, if there be
one, unless the lot so used sides
upon the commercial or industrial
property being served, in which
case entrance —exit facilities may
be from the side street upon which
the property fronts; and
(d) any area used for park-
ing purposes shall be improved and
maintained in the manner required
by Odinance No. for park -
"+e lots.
(10) Signs (in addition to those
1
allowed for churches) as follows :
(a) One (1) unlighted name
plate or placard not exceeding two
and one -half (21/3) square feet in
area containing the name of the
occupant of the premises ;
(b) for multiple dwellings,
one (1) identification sign the
characters of which shall be three -
dimensional and all within a
twenty (20) square foot area, pro-
vided if the sign is lighted it
shall be stationary and non- flash-
ing and, whether lighted or un-
lighted, the sign shall be affixed
to the exterior wall and parallel
thereto and be distant therefrom
not more than twelve (12) inches.
(c) one (1) unlighted sign
not exceeding twelve (12) square
feet in area pertaining only to the
sale, lease or hire of only the en-
tire building, property or premises
upon which displayed.
(d) one (1) unlighted sign
not exceeding six (6) square feet
in area, pertaining only to the
renting or leasing of individual
apartments.
(11) Unclassified uses, see
Article 13.
Section 602: LOT AREA. The
minimum required area of a lot
in an R -3 zone shall be seven
thousand two hundred (7,200)
square feet.
Section 603: LOT AREA PER
DWELLING UNIT. In an R -3
zone the lot area per dwelling
unit shall be not less than one
thousand eight hundred (1,800)
square feet, provided however,
when a lot contains more than
seven thousand two hundred
(7,200) square feet, or when lots,
fractions of lots, or Lots and frac-
tions of lots are consolidated to
create a site having an area con-
taining more than seven thousand
two hundred (7,200) square feet,
then the lot area per dwelling unit
may be as follows:
(1) on a lot or site having
an area of more than seven
thousand two hundred
square feet, but not more
than ten thousand (10,000)
square feet 1,500 sq. ft.
(2) on a lot or site having an
area of more than ten
thousand (10,000) square
feet but not more than
fifteen thousand (15,000)
square feet 1,000 sq. ft.
provided that every common prop-
erty line separating such consoli-
dated lots and fractions of lots
shall be actually covered, at least
In part, by a building or buildings
used for dwelling purposes. On a
single lot or site containing an
area of fourteen thousand four
hundred (14,400) square feet or
more, the building or buildings
used for dwelling purposes shall
be so located as to cover, at least
In part, any line that would rep-
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Ordinance 63 -112
Page 22
resent the boundary line between
two or more parcels that could re-
sult from an otherwise legal divi-
sion of the original lot or parcel.
If, in computing the number of
dwelling units per lot or site a
surplus area remains which repre-
sents fifty per cent (50 %) or more
of the required lot area per dwell-
ing unit, then an additional dwell-
ing unit may be included. When
lots or lots and fractions of lots
are combined to qualify for the
population density permitted by
this section, the combination of
such lots shall be shown as a
single lot on a map to be filed
with the County Recorder in ac-
cordance with the provisions of the
Map Filing Act.
Section 604: REQUIRED NUM-
BER OF DWELLING UNITS. In
order to make possible a system
of public service facilities adequate
to meet the maximum needs re-
sulting from the uses permitted in
this classification, and to assure
the fullest use of such facilities
and, as a means of assuring an ac-
ceptable amount of light, air and
living environment for residential
uses, a minimcm population dens-
ity and degree of land -use is es-
tablished as follows:
(1) If the lot is used for resi-
dential purposes only, and such lot
contains an area less than five
thousand (5,000) square feet, but
not less than three thousand six
hundred (3,000) square feet, and
such lot was of record on the ef-
fective date of this ordinance,
there shall be not less than two
(2) dwelling units established
thereon. For lots having an area
of five thousand (5,000) square
feet or more, there shall be not
less than three (3) dwelling units
established thereon. A single one -
family dwelling is permitted on a
lot containing an area less than
three thousand six hundred (3,600)
square feet.
When an owner desires to erect
additional dwelling units or to
start construction initially on a
vacant lot but such dwelling units
are to be erected one at a time,
then before any building permit
is issued, the owner shall file
with the Planning Department for
approval or modification a plot
plan showing the location of the
existing building or buildings, or
the location of the initial building
and the locaton to be reserved for
subsequent buildings with rela-
tionship to required yards and
open spaces on the lot, and all
construction shall conform to such
plot plan.
Section 605: LOT WIDTH. In an
R -3 zone every lot created after
the effective date of this ordinance
shall maintain a width of not less
than sixty (60) feet, unless other-
wise provided by a variance or a
site development plan.
Section 606: FRONT YARD. In
an R -3 zone every lot shall have
a front yard with a depth of not
less than twenty (20) feet. In the
case of key lots and lots which
side upon commercially —or indus-
trially— classified property, the re-
quired front yard depth shall be
not less than fifteen (15) feet.
Section 607: SIDE YARDS. In an
R -3 zone every lot shall have a
side yard on each side of the lot
of not less than ten per cent (10 %)
of the width of the lot. but such
side yard shall never be less than
five (5) feet in width and need
not be more than ten (10) feet in
width unless a greater width is
required to compensate for addi-
tional height of buildings, If a
building site is created by consoli-
dating two or more lots or frac-
tions of lots and contains an area
more than seven thousand two
hundred (7,200) square feet, the
width of each side yard shall be
ten per cent (10%) of the width
of the total site, but need not be
more than twenty (20) feet unless
a greater width is required to com-
pensate for a greater height of
buildings.
Section 608: PERMITTED
HEIGHT. No maximum height is
imposed, but when a building ex-
ceeds a height of two and one -
half (21 /2) stories or thirty -five
(35) feet, the portion of the build-
ing above thirty -five (35) feet
shall be set back from each prop-
erty side line and the property
rear line one (1) foot for each
two (2) feet such building exceeds
thirty -five (35) feet in height,
such setback to be in addition to
the yards and open space required
at such property lines; the open
spaces between buildings and
wings of buildings shall be in-
creased in the same manner.
Section 609: PERMISSIBLE LOT
COVERAGE, All buildings, includ-
ing accessory buildings and struc-
tures, covered swimming pools and
any areas used to provide parking
for cars not contained within a
building, and boats and trailers
shall not cover more than sixty
per cent (60 %) of the area of the
lot.
Section 610: PLACEMENT OF
BUILDINGS AND STRUCTURES.
Placement of buildings and struc-
tures on any lot in an R -3 zone
shall conform to the following:
(1) INTERIOR LOTS:
(a) Any building any portion
of ,which contains a dwelling unit
or accessory living quarters shall
observe a distance from any lot
side line and the lot rear line the
equivalent of the required side
yard required to be provided to
compensate for the greater height
of buildings or structures, which-
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1
Ordinance 63 -112
Page 23
ever applies;
(b) the distance between a
building containing one or more
dwelling units or accessary living
quarters and any other buildings
or structures on the same lot, or
between parallel wings of the
same building or structure, when
such building or structures do not
exceed a height of thirty -five (35)
feet, shall be not less than twice
the side yard required on the lot;
when a building or structure on
a lot exceeds a height of thirty -
five (35) feet, then the required
open spaces between the portion
above thirty -five (35) feet of each
building exceeding such height
shall be increased one (1) addi-
tional foot for each two (2) feet
thirty -five (35) feet.
(c) On the rear third of an
interior lot accessory buildings or
structures not containing accessory
living quarters may be built to the
lot side lines and the lot rear
lines, provided if the rear of the
lot abuts upon an alley a garage
with a vehicular entrance from
the alley shall maintain a dis-
tance of not less than fifteen (15)
feet from the center line of the al-
ley; if either an alley or a utility
easement exists along the rear of
the lot, not less than ten (10) feet
of the lot rear line shall be main-
tained free and clear of buildings
or structures, except for a fence
with a gate to provide access to
the alley or utility easement, as
the case may be. If a utility pole
is located on the easement, then
the required opening in a fence
or wall shall be so located as to
' provide immediate access to the
pole.
(2) CORNER LOTS AND RE-
VERSE CORNER LOTS:
(a) Any building any portion
of which contains one or more
dwelling units or accessory living
quarters shall observe a distance
from any lot side line and the lot
rear line the equivalent of the re-
quired side yard on such lot, or
not less than the side yard re-
quired to be provided to compen-
sate for the greater height of
buildings or structures, whichever
applies;
(b) the oistance between a
building containing one or more
dwelling units or accessory living
quarters and any other buildings
or structures on the same lot, or
between parallel wings of the same
building or structure, when such
building or structures do not ex-
ceed a height of thirty -five (35)
feet, shall be not less than twice
the side yard required on the lot;
when a building or structure on a
lot exceeds a height of thirty -five
(35) feet then the required open
spaces between the portion above
thirty -five (35) feet of each build-
ing exceeding such height shall be
increased one (1) additional foot
for each two (2) feet such building
such building exceeds a height of
exceeds a height of thirty -five (35)
feet.
(c) On the rear third of a
corner lot accessory buildings or
structures not containing accessory
living quarters may be built to
the lot interior side line and the
lot rear line, provided if the rear
of the lot abuts upon an alley, a
garage with a vehicular entrance
from the alley shall maintain a
distance of not less than fifteen
(15) feet from the center line of
the alley;
(d) on the rear third of a
reverse corner lot accessory build-
ings or structures not containing
accessory living quarters may be
built to the lot interior side line,
but no building or structure shall
be erected closer to the lot rear
line than a distance equal to the
width of the required side yard on
such reverse corner lot unless the
lot rears upon an alley, in which
case accessory buildings and struc-
tures may be built to the lot rear
line unless it be a garage with a
vehicular entrance directly from
the alley, then such building shall
maintain a distance not less than
fifteen (15) feet from the center
line of the alley;
(e) in all cases the width of
the required or adjusted side yard
on the side street side shall be ob-
served.
(3) There is no minimum re-
quired distance between accessory
buildings and structures containing
no accessory living quarters.
ARTICLE 7
R- 4— MAXIMUM- DENSITY RESI-
DENTIAL, RESTRICTED SER-
VICE CLASSIFICATION
Section 700: PURPOSE OF
CLASSIFICATION. The principal
objective and purpose to be served
by this classification and its appli-
cation is to establish areas within
whch both minimum and maximum
population densities are defined by
requiring a minimum number of
dwelling units on a lot, as well as
establishing a maximum number
of dwelling units permitted, all as
related to lot areas; to permit ac-
commodations for a limited num-
ber of individuals who may or
may not constitute a family unit
as defined by this ordinance; to
provide for other uses contribut-
ing directly to a complete living
environment. It is recognized that
the intrusion of a single - family
residential uses into areas classi-
fied and used for multiple resi-
dential and related uses creates
an incompatible relationship in
that the living environment and
seclusion sought to be maintained
and preserved for single - family
residential use cannot be attained
326
1
Ordinance 63 -112 Page 24
in areas permitting a greater in-
tensity of land use, and for that
reason single- family dwellings and
two - family dwellings are not in-
cluded among the permissible uses
in any area classified as R -4, ex-
cept as a progressive step in the
the development to the density re-
quired in this classification, or
where lots are substandard in
area, in which case proportionate
occupancies are permitted. The de-
fining of a minimum and a maxi-
mum population density makes it
possible to more efficiently and
economically design and install all
physical public service facilities in
terms of size and capacity to ade-
quately and permanently meet
needs resulting from a defined in-
tensity of land use.
Seti0n 701: PERMITTED USES.
In an R -4 zone the following uses
only are permitted and as herein-
after specifically provided and al-
lowed by this article, subject to the
off - street parking requirements and
the general provisions, conditions
and exceptions set forth in this
ordinance beginning with Arti-
close 14.
(1) Any use permitted in an
R -1, R -2 and R -3 zone other than
single - family and two - family
dwellings unless such dwellings
are components of multiple resi-
dential use, provided all uses
shall conform to the conditions set
forth for each in the classifica-
tion in which each is first permit-
ted, except that the limitations on
the number of and type of per-
sonnel serving communications
equipment buildings shall not ap-
ply, and provided further that for
dwellings, the yards, open spaces
and lot coverage set forth in this
classification shall apply. A single
one - family dwelling is permitted
on a lot containing an area less
than three thousand six hundred
(3,600) square feet.
(2) Accessory uses, buildings
and structures as set forth in the
R -1 classification, except the
keeping of horses and donkeys.
(3) Fraternity and sorority
houses,
(4) Hospitals, except emergen-
cy and small animals, provided —
(a) mental and alcoholic hos-
pitals may locate only under au-
thority of an unclassified use per-
mit;
(b) all buildings and struc-
tures shall maintain a distance of
not less than twenty (20) feet
from any boundary line which is
a common property line with "R"
classified property unless a great-
er distance is required by reason
of the greater height of buildings.
(c) a solid masonry wall not
less than six (6) feet in height
shall be established and main-
tained on any boundary line which
is a common property line with
"R" classified property, provided
on any portion of such common
property line constituting the depth
of the required front yard on such
adjoining property such wall shall
not be less than thirty -six (36)
nor more than forty -two (42)
inches in height.
(5) Hotels, including restau-
rant and personal service facilities,
provided —
(a) all buildings and struc-
tures shall maintain a distance of
not less than twenty (20) feet
from any boundary line which is a
distance of not less than twenty
(20) feet from any boundary line
which is a common property line
with "R" classified property, un-
less a greater distance is required
by reason of the greater height of
buildings.
(6) Medical- dental clinics
(7) Medical - dental offices
(8) Mobile home parks, pro -
vided —
(a) the minimum site area
for a mobile home park shall be
not less than three (3) acres.
(b) each individual trailer
space shall have an area of not
less than one thousand two hun-
dred (1,200) square feet,
(c) the property used for a
mobile home park shall have no
access except from a major or
secondary street.
(d) any driveways providing
entrance to or exit from the mo-
bile home park shall not be closer
than fifty (50) feet to a street
intersection measured from the
street line established by a precise
plan for either of the streets at
the intersection.
(e) a solid masonry wall not
less than six (6) feet in height
shall be established and main-
tained across the full width of
the site, and such wall shall be
located on, or to the rear of, the
rear line of the required front
yard; on corner lots and reverse
corner lots such a wall shall also
be installed along the side street
side of the site and shall observe
the required yard on such side
street side;
(f) a solid masonry wall not
less than six (6) feet in height
shall be established and main-
tained on any boundary line which
is a common property line with
"R" classified property except
that on any portion of such com-
mon property line constituting the
depth of the required front yard
on such adjoining property no such
wall shall be required;
(g) if there be any openings
in the required wall for driveway
purposes such openings shall not
be wider than thirty (30) feet;
(h) no residence shall be per-
mitted on the mobile home park
site except a residence for the
327
1
1
Ordinance 63 -112 Page 25
owner or manager of such mobile
home park;
• (i) the site of the mobile
home park shall be improved and
maintained in the manner required
by Ordinance No.
(9) Motels, including restau-
rant and personal service facilities,
(10) Private clubs, as defined
herein, and fraternal societies ex-
cept those the chief activities of
which are services customarily
carried on as a business, pro -
vided—
(a) all buildings and struc-
tures shall maintain a distance of
not less than twenty (20) feet
from any boundary line which is a
common property line with "R"
classified property unless a great-
er distance is required by reason
of the greater height of buildings,
(b) a solid masonry wall six
(6) feet in height shall be erected
and maintained on any boundary
property line which is a common
property line with "R" classified
property provided on that portion
of the common property line con-
stituting the depth of the required
front yard on the adjoining "R"
classified property such w,all shall
not be less than thirty -six (36)
inches or more from forty -two
(42) inches in height.
(11) Rest home, boarding
home, or home for the aged,
(12) Sanitariums, convalescent
homes, nursing homes or convalar-
iums, provided all buildings and
structures shall maintain a dis-
tance not less than twenty (20)
feet from any boundary line which
is a common property line with
"R" classified property, unless a
greater distance is required by
reason of the greater height of
buildings.
(13) Signs (in addition to
those allowed for churches) as fol-
lows:
(a) One (1) identification
sign not exceeding two and one -
half (21/66) square feet in area
containing the name of the occu-
pant of the premises,
(b) one (1) identification
sign the characters of which shall
be three - dimensional, and all with-
in a twenty (20) square foot
area, provided if the sign is light-
ed it shall be stationary and non -
flashing; such sign shall not be
located in any required yard or
open space on the premises.
(c) one (1) double -faced sign
or two (2) single -faced signs, not
exceeding twelve (12) square feet
of area per face, pertaining only
to the sale, lease or hire of only
an entire building. property or
premises upon which displayed,
and such signs shall be unlighted.
(d) one (1) unlighted sign
not exceeding six (6) square feet
in area pertaining only to the
renting or leasing of individual
a ; artments.
(14) Unclassified uses, see Ar-
ticle 13.
Section 702: LOT AREA. The
minimum required area of a lot
in an R -4 zone is seven thousand
two hundred (7,200) square feet.
Section 703: LOT AREA PER
DWELLING UNIT. In an R -4
zone the lot area per dwelling
unit shall be not less than one
thousand two hundred (1,200)
square feet. However, when a lot
contains more than seven thousand
two hundred (7,200) square feet,
or when lots, fractions of lots, or
lots and fractions of lots are con-
solidated to create a site having
an area of more than seven thou-.
sand two hundred (7,200) square
feet, then the lot area per dwell-
ing unit may be as follows:
(1) On a lot or site having an
area of more than seven
thousand t w o hundred
(7,200) square feet but not
more than ten thousand
(10,000) square feet
1,000 sq. ft.
(2) on a lot or site having an
area of more than ten
thousand (10,000) square
feet 900 sq. ft.
provided that every common prop-
erty line separating such consoli-
dated lots and fractions of lots
shall be actually covered, at least
in part, by a building or build-
ings used for dwelling purposes.
On a single lot or site containing
an area of fourteen thousand four
hundred (14,400) square feet or
more, the building or buildings
used for dwelling purposes shall
be so located as to cover, at (east
in part, any line that would rep-
resent the boundary line between
two or more parcels that could re-
sult from an otherwise legal divi-
sion of the original lot or parcel.
If, in computing the number of
dwelling units per lot or site a sur-
plus area remains which repre-
sents fifty per cent (50%) or more
of the required lot area per dwell-
ing unit, then an additional dwell-
ing unit may be included. When
a lot, or lots, or lots and fractions
of lots are combined to qualify
for the population density permit-
ted by this section, the combina-
tion of such lots shall be shown as
a single lot on a map to be filed
with the County Recorder in ac-
cordance with the provisions of
the Map Filing Act.
Section 704: REQUIRED NUM-
BER OF DWELLING UNITS. In
order to make possible a system
of public service facilities ade-
quate to meet the maximum needs
resulting from the uses permitted
in this classification and to as-
sure the fullest use of such fa-
cilities and, as a means of assur-
328
Ordinance 63 -112
Rage 26
ing an acceptable amount of light,
air and living environment for
residential uses, a minimum popu-
lation density and degree of land -
use is established as follows:
(1) If the lot is used for resi-
dential purposes only, and such
lot contains an area Less than
five thousand (5,000) square feet,
but not less than three thousand
six hundred (3,600) square feet,
and such lot was of record on the
effective date of this ordinance,
there shall be not less than two
(2) dwelling units established
thereon; for lots having an area
of five thousand (5,000) square
feet or more, there shall be not
less than three (3) dwelling units
established thereon; if a lot con-
tains an area of less than three
thousand six hundred (3,000)
square feet, then a single one -
family dwelling is permitted.
(2) If the use or uses on the
lot do not involve dwelling units,
or if the lot is devoted to a com-
bination of dwelling units and
other permissible uses, no mini-
mum number of dwelling units is
required.
When an owner desires to erect
additional dwelling units, or to
start construction initially on a
vacant lot and such dwelling units
are to be erected one at a time,
then before any building permit
is issued, the owner shall file
with the Building Department for
approval or modification a plot
plan showing the location of the
initial building and the location
to be reserved for subsequent
buildings with relationship to re-
quired yards and open spaces on
the lot, and all construction shall
conform to such plot plan.
Section 705: LOT WIDTH. In an
R -4 zone every lot created after
the effective date of this ordi-
nance shall maintain a width of
not less than sixty (60) feet, un-
less otherwise provided by a va-
riance or a site development plan.
Section 706: FRONT YARD. In
an R -4 zone every lot shall have a
front yard with a depth of not
less than fifteen (15) feet.
Section 707: SIDE YARDS. In
an R -4 zone every lot shall have a
side yard on each side of the lot
of not less than ten per cent (10 %)
of the width of the lot, but such
side yard shall never be less than
five (5) feet in width and need not
be more than ten (10) feet in
width, unless a greater width is
required to compensate for addi-
tional height of buildings. If a
building -site is created by consoli-
dating two or more lots or frac-
tions of lots and contains an area
more than seven thousand two
hundred (7,200) square feet, the
width of each side yard shall be
ten per cent (10%) of the width of
the total site, but need not be
1
more than twenty (20) feet un-
less a greater width is required
to compensate for a greater height
of buildings.
Section 708: PERMITTED
HEIGHT. No maximum height is
imposed, but when a building ex-
ceeds a height of two and one -
half (2',x) stories or thirty -five
(35) feet, the portion of the build-
ing above thirty -five (35) feet
shall set back from each property
side line and the property rear
line one (1) foot of each two (2)
feet such building exceeds thirty -
five (35) feet in height, such set-
back to be in addition to the yards
and open space required at such
property lines; the open spaces
between buildings and wings of
buildings shall be increased in the
same manner.
Section 7 0 9: PERMISSIBLE
LOT COVERAGE. If a dwelling,
fraternity or sorority house, rest
home, boarding home or home for
the aged is involved, all buildings,
including accessory buildings and
structures, covered swimming
pools and any areas used to pro-
vide parking for cars, boats or
trailers, shall not cover more than
sixty per cent (60 %) of the area
of the lot. For all other permitted
uses the maximum permissible lot
coverage shall not apply.
Section 710: PLACEMENT OF
BUILDINGS AND STRUCTURES.
Placement of buildings and struc-
tures on any lot in an R -4 zone
shall conform to the following:
(1) INTERIOR LOTS:
(a) Any building any portion
of which contains a dwelling unit
or accessory living quarters shall
observe a distance from any lot
side line and the lot rear line the
equivalent of the required side
yard on such lot or not less than
the side yard required to be pro-
vided to compensate for the great-
er height of buildings or struc-
tures, whichever applies;
(b) the distance between a
building containing one or more
dwelling units or accessory living
quarters and any other buildings
or structures on the same lot, or
between parallel wings of the same
building or structure, when such
buildings or structures do not ex-
ceed a height of thirty -five (35)
feet, shall be not less than twice
the side yard required on the lot:
when a building or structure on
a lot exceeds a height of thirty -
five (35) feet, then the required
open spaces between the portion
above thirty -five (35) feet of each
building exceeding such height
shall be increased one (1) addi-
tional foot for each two (2) feet
such building exceeds a height of
thirty -five (35) feet.
(c) on the rear third of as
interior lot accessory buildings or
structures not containing accessory
329
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Ordinance 63 -112
Page 27
living quarters may be built to
the lot side lines and the lot rear
line, provided if the rear of the lot
abuts upon an alley a garage
with a vehicular entrance from the
alley shall maintain a distance of
not less than fifteen (15) feet from
the center line of the alley; if
either an alley or a utility ease-
ment exists along the rear of the
lot, not less than ten (10) feet of
the lot rear line shall be main-
tained free and clear of the build-
ings or structures, except for a
fence with a gate to provide ac-
cess to the alley or utility ease-
ment, as the case may be. If a
utility pole is located on the ease-
ment, then the required opening in
a fence or wall shall be so locat-
ed as to provide immediate access
to the pole.
(2) CORNER LOTS AND RE-
VERSE CORNER LOTS:
(a) Any building any portion
of which contains one or more
dwelling units or accessory living
quarters shall observe a distance
from any lot side line and the lot
rear line the equivalent of the re-
quired side yard on such lot, or
not less than the side yard re-
quired to be provided to compen-
sate for the greater height of
buildings or structures, whichever
applies ;
(b) the distance between a
building containing one or more
dwelling units or accessory living
quarters and any other buildings
or structures on the same lot, or
between parallel wings of the same
building or structure, when such
building or structures do not ex-
ceed a height of thirty -five (35)
feet, shall be not less than twice
the side yard required on the lot;
when a building or structure on a
lot exceeds a height of thirty -five
(35) feet, then the required open
spaces between the portion above
thirty -five (35) feet of each build-
ing exceeding such height shall be
increased one (1) additional foot
for each two (2) feet such build-
ing exceeds a height of thirty -
five (35) feet.
(c) on the rear third of a
corner lot accessory buildings or
structures not containing accessory
living quarters may be built to
the lot interior side line and the
lot rear line, provided if the rear
of the lot abuts upon an alley a
garage with a vehicular entrance
from the alley shall maintain a
distance of not less than fifteen
(15) feet from the center line of
the alley;
(d) on the rear third of a .
reverse corner lot accessory build-
ings or structures not containing
accessory living quarters may be
built to the lot interior side line,
but no building or structure shall
be erected closer to the lot rear
line than a distance equal to the
width of the required side yard
on such reverse corner lot unless
the lot rears upon an alley, in
which case accessory buildings
and structures may be built to the
lot rear line unless it be a garage
with a vehicular entrance directly
from the alley, then such building
shall maintain a distance not less
than fifteen (15) feet from the
center line of the alley;
(e) in all cases the width of
the required side yard on the side
street side shall be observed.
(3) There is no minimum re-
quired distance between accessory
buildings and structures contain-
ing no accessory living quarters.
ARTICLE 8
C -C — COMMERCIAL CENTER
CLASSIFICATION
Section 800: PURPOSE OF
CLASSIFICATION. The principal
purpose and objective of this
classification and its application is
to create shopping areas designed
in all essential respects to provide
for the best utilization of the land
involved and to apply the princi-
ple of zoning by functional design
so that the area is self- contained
with respect to grouping of build-
ings in relation to common facili-
ties, including off - street parking,
loading, internal traffic circulari-
zation and ingress and egress in
relation to bordering traffic. The
uses permitted in this classifica-
tion are considered to be those
which have common performance
standards in that they represent
on- premise retail enterprise, or
comprise a type of enterprise ren-
dering personal service, but not in-
cluding medical, dental or other
professional services or offices.
Section 801: PERMITTED
USES. In the C -C classification
the following uses only are permit-
ted and as hereinafter specifically
provided and allowed by this Arti-
cle, subject to the loading area re-
quirements and the general provi-
sions, conditions and exceptions
set forth in this ordinance begin-
ning with Article 14.
(1) Art shops
(2) Antique shops
(3) Appliance stores
(4) Automobile service stations
(5) Bakeries
(6) Banks and Savings and
Loan Institutions
(7) Barber shops and beauty
shops
(8) Bird and pet shops (no
kennels, small animal hospital or
veterinary offices),
(9) Clothes cleaning agencies,
laundry agencies
(10) Confectionary stores
(11) Dairy products, retail
sale of
(12) Delioatesssen stores
(13) Department stores
(14) Drug stores
330
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Ordinance 63 -112
Page 28
(15) Drygoods stores
(16) Electric transformers to
serve only the commercial center
within which it is located
(17) Florist shops
(18) Food markets and grocery
stores
(19) Furniture stores
(20) Garden supply shops, in-
cluding plants in pots and contain-
ers, and auxilliary supplies, but
not including bulk fertilizer,
(21) Gift shops
(22) Hardware stores
(23) Interior decorator studios
(24) Jewelry stores
(25) Laundries and dry clean__
ing establishments, automatic and
self - service only (including coin -
operated) provided there are not
more than two (2) attendants on
the premises at any one time,
(26) Liquor stores (off - sales)
(27) Locksmiths
(28) Meat markets, including
poultry, rabbits and sea food, but
no slaughtering, dressing or clean-
ing on the premises,
(29) Millinery shops
(30) News stands
(31) Notion stores
(32) P a i n t and wallpaper
stores
(33) Photographic s u p p 1 i e s,
camera shops
(34) Radio and television
stores
(35) Restaurants and cafete-
rias (with or without cocktail
bar), provided no dancing or en-
tertainment is permitted, and ex-
cluding drive -in restaurants or
service,
(36) Shoe store or shoe repair
shops
(37) Signs, without limit as to
size, location or number, provided
such signs shall be limited to
identifying the establishment, or
advertising only merchandise sold
or services performed on the prem-
ises on which the sign is located,
and provided such signs shall not
be located that any green, yellow
or red light thereon will materially
or practically tend to interfere
with approaching drivers readily
distinguishing them from traffic
signals.
(38) Sporting goods stores
(39) Stationery stores and book
shops
(40) Tailor shops
(41) Toy and hobby shops
(42) Wearing apparel shops
(43) Other similar establish-
ments catering directly to the con-
sumer, or establishments special-
izing in the rendering of custom
services (but not including medi-
cal, dental or other professional
services or offices of similar na-
ture) when interpreted as to per-
formance standards as set forth
in Article 14.
Section 802: LIMITATIONS ON
PERMITTED USES. This ciassifi-
cation shall apply only to sites
having no less than the minimum
area required herein for which a
site development plan has been
adopted incorporating all applica-
ble requirements as contained in
this ordinance and other related
codes of the City, such as off -
street parking, points of ingress
and egress to public streets, load-.
ing and unloading areas, floor
space arrangement with special
reference to site area. Any permis-
sible use shall be subject to the
following conditions:
(1) All uses shall be conduct-
ed wholly within an enclosed
building except such uses as—
(a) automobile service sta-
tions
(b) garden supplies
(c) parking areas and load-
ing areas
(2) all products made incident
to a permitted use which are man-
ufactured, processed or treated on
the premises shall be sold on the
premises and at retail only.
(3) any repairing conducted on
the premises shall be incidental
only, and limited to custom repair-
ing of the types of merchandise
sold on the premises at retail;
the floor area devoted to su-;h re-
pairing shall not exceed twenty
per cent (20 %) of the total floor
area occupied by the particular en-
terprise, except that this limita-
tion shall not apply to shoe re-
pairing;
(4) no used or second hand ar-
ticles, materials or equipment may
be offered for sale, sold or stored
on the premises except paintings,
antiques, and objects of art, pro-
vided that articles taken in ex-
change are permitted to be sold
from the premises, subject to the
other conditions set forth in this
section;
(5) storage shall be limited
to accessory storage of commodi-
ties sold at retail on the premises
or used in connection with uses
permitted on the premises;
(6) no building or structure
(including signs) on such site may
be located closer than fifteen (15)
feet to any boundary line which is
a common property line with "R"
classified property;
(7) on any boundary line which
is a common property line with
"R" classified property a solid
masonry wall six (6) feet in height
shall be installed and maintained
for screening purposes and con-
trolling trespass.
Section 803: PERMIT TED
HEIGHT. In a C -C zone no maxi-
mum height is imposed, but when
a building exceeds a height of
thirty -five (35) feet, the portion
of the building above thirty -five
(35) feet shall set back from each
property side line and the property
33
1
1
Ordinance 63 -112
Page 29
rear line one (1) foot for each two
(2) feet such building exceeds a
height of thirty -five (35) feet.
Section 804: PERMITTED
FLOOR AREA. In a C -C zone the
maximum square foot floor area
to be contained in all buildings on
the site shall not exceed twenty -
five per cent (25%) of the square
foot area of the site, provided
floor space for parking purposes
contained within buildings on the
site may be considered as contri-
buting to the area being provided
for parking and not included in
the limitations on permitted floor
space.
Section 805: REQUIRED SITE
AREA. The minimum site area to
which this classification can be
applied shall be not less than five
(5) acres, and such site shall abut
upon at least one major or secon-
dary thoroughfare.
Section 806: REQUIRED OFF -
STREET PARKING AREAS. The
portion of a site to be devoted
to off - street parking, loading and
unloading space and internal cir-
culation shall be not less than
three (3) square feet of parking
space to one (1) square foot of
total floor area in all buildings on
the site, provided that the floor
space used to park cars contained
in multiple -deck parking struc-
tures on the site shall be consid-
ered as contributing to the area
being provided for parking, and
shall not be considered as consti-
tuting part of the floor space for
which parking is required. All
parking areas on the ground shall
be improved and maintained as re-
quired by Ordiance No.
ARTICLE 9
C- 2— GENERAL COMMERCIAL
CLASSIFICATION
Section 900: PURPOSE 0 F
CLASSIFICATION. The principal
purpose and objective of this
classification and its application is
to provide for the location of and
grouping of uses considered com-
patible uses having common or
similar performance standards in
that they represent on- premise
retail enterprises and involve only
incidental and limited fabrication
or assembly of commodities, or
comprise types of enterprises in-
volving the rendering of services
both professional or to the person;
establishments providing recrea-
tion and entertainment and com-
mercial activities in general. It is
the further objective, by expanding
the permissible floor space and
building height, and by including
additional permissible uses, to in-
tentionally concentrate w i t h i n
given areas the maximum variety
of facilities for the dispensing of
commodities and rendering of serv-
ices to the entire city and its en-
virons. It is recognized that the
characteristics of the uses permit-
ted in this classification produce
an environment undesirable for
residential purposes while, in the
opposite direction, residential uses
in a commercial area tend to de-
crease the capacity of commercial
enterprises to render maximum
services and decreases public con-
venience for utilizing the service
rendered. For these reasons, resi-
dential uses are excluded from this
classification. Public utility in-
stallations, being goverened by
circumstances related to geo-
graphical areas and uses to be
served, are permitted.
Section 901: PERMITTED USES.
In a C -2 zone the following uses
only are permitted and as specifi-
cally provided and allowed by this
Article :
(1) Any use permitted in a
C -C zone, but subject to the condi-
tions set forth in this classifica-
tion, and such uses may locate on
individual lots or parcels and are
not subject to the requirement of
the adoption of a site development
plan.
(2) Bars and cocktail lounges,
including dancing and entertain-
ment,
(3) Bicycle shops, but not in-
cluding motorcycles or motorcycle
repairs,
(4) Billiard halls and pool
halls,
(5) Bowling alleys,
(6) Business, professional and
public utility commercial offices,
(7) Churches,
(8) Cleaning and pressing es-
tablishments using non - flammable
and non - explosive cleaning fluids
or liquids with a flash point above
138.5° F. in a closed safety clean-
ing system,
(9) Communications equipment
buildings,
(10) Conservatories of music,
dance. drama and instrument in-
struction,
(11) Dance halls,
(12) Decorators shops (inte-
rior)
(13) Electric distribution sub-
stations, including microwave re-
ceiving and relaying installations
incorporated as a part of public
utility installations, and gas me-
tering and valve control stations,
(14) Employment agencies,
(15) Fire stations,
(16) Gas distribution, meter
and control stations of a public
utility,
(17) Governmental legislative
and administrative buildings,
(18) Gymnasium, public com-
mercial, or physical culture stu-
dios,
(19) Horticultural nurseries
and auxilliary horticultural sup-
plies, but not including bulk fer-
tilizer,
1
1
Ordinance 63 -112 Page 30
(20) Hospitals, subject to the
conditions set forth in the R -4
classification pertaining to this
use,
(21) Hotels, but not including
apartment hotels,
(22) Ice, packaged; storage
and retaail dispensing only, not
exceeding five (5) ton capacity,
(23) Laboratories, X -ray,
(24) Laundries, hand,
(25) Massage parlors and re-
ducing salons,
(20) Medical - dental buildings
and clinics,
(27) Motels, provided no
dwelling units are contained there-
in except one dwelling unit for an
owner or manager,
(28) Mortuaries, subject to the
issuance of a conditional use per-
mit,
(29) Parking lots, when im-
proved and maintained as re-
quired by Ordiance No. for
off- street parking lots, provided no
such area shall be used for a
car, truck, trailer or boat sales
area or for the accessory storage
of cars, trucks, boats or trailers,
(30) Passenger terminals,
(31) Patrol and warning serv-
ice, including private detective
agencies,
(32) Private clubs and frater-
nal lodges, including those the
chief activity of which is a service
customarily carried on as a busi-
ness,
(33) Public parking garages,
but no repairing except as permit-
ted in service stations,
(34) Real estate brokers and
sales offices,
(35) Restaurants, including
drive -in restaurants,
(36) Signs, without limit as to
size, location or number, pro-
vided such signs shall be limited
to identifying the establishment,
or advertsing only merchandise
sold or services performed on the
premises, and provided such signs
shall not be so located that any
green, yellow or red light thereon
will materially or practically tend
to interfere with approaching dri-
vers readily distinguishing them
from traffic signals,
(37) Stationery stores, includ-
ing incidental printing,
(38) Studios, such as record re-
cording, couturier, artists, music,
dancing and photographic,
(39) Telegraph offices and tel-
ephone exchanges,
(40) Transmission substations,
(41) Travel agencies,
(42) Accessory buildings and
uses customarily incident to any
permitted uses when located on
the same site with the main build-
ing and use,
(43) Similar retail, service,
professional or commercial recre-
ational establishments when inter-
preted by the Planning Commis-
sion as to performance standards
as set forth in Article 14.
(44) Unclassified uses, see Ar-
ticle 13.
Section 902: LIMITATIONS ON
PERMITTED USES. Every use
permitted shall be subject to the
following conditions and limita-
tions:
(1) All uses shall conform to
the general provisions, conditions
and exceptions and the off- street
parking requirements and loading
area requirements set forth begin-
ning with Article 14, and parking
areas and loading areas shall be
surfaced, screened, developed and
maintained as required by Ordi-
naance No.
(2) all uses shall be conducted
wholly within an enclosed building
except such uses as—
(a) automobile service sta-
tions
(b) drive -in restaurants
(c) electric distribution sub -
tations
. (d) transmission substations
(e) meter and control sta-
tions of a public utility
(f) parking lots and loading
areas
(g) growing stock in connec-
tion with horicultural nursery,
whether the stock is in open
ground, pots or containers,
(3) any area used for automo-
bile service stations, drive -in res-
taurants and parking and loading
areas, as set forth in subpara-
graph (2) of this Section, shall be
improved and maintained as re-
quired by Ordinance No. .__.
(4) any repairing done on the
premises shall be incidental only,
and limited to custom repairing of
the types of merchandise sold on
the premises at retail; the floor
area devoted to such repairing
shall not exceed thirty per cent
(30 %) of the total floor area occu-
pied by the particular enterprise,
except that this limitation shall
not apply to shoe repairing;
(5) all products made incident
to a permitted use which are
manufactured, processed, treated
or assembled on the premises shall
be sold on the premises only, and
at retail only;
(6) stoorage shall be limited
to accessory storage of commodi-
ties sold at retail on the premises
or used in connection with the
manufacturing, processing, treat-
ment or assembling of products
sold at retail on the premises and
limited to serving only the enter-
prise established on the premises;
(7) any necessary additional
features shall be provided to meet
any unusual or special require-
ments for police protection, health
protection and fire protection as
determined by the departments
having jurisdiction in such mat-
ters;
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Ordinance 63 -112
Page 31
(8) on any boundary line
which is a common property line
with "R" classified property, a
solid masonry wall six (6) feet in
height shall be installed and
maintained for screening pur-
poses and controlling trespass, ex-
cept where the wall of a building
is on such common boundary line
no separate wall or fence need be
installed along the portion of the
property line occupied by the wall
of the building.
Section 903: PERMITTED
HEIGHT. No maximum height is
imposeed, but when a building ex-
ceeds a height of thirty -five (35)
feet, the portion of the building
above such height shall be set back
from each property side line and
the property rear line one (1) foot
for each (2) feet such building ex-
ceeds such height.
Section 904: PERMITTED
FLOOR AREA. In a C -2 zone the
maximum floor area permitted on
a lot or site shall be no greater
than five (5) times the square foot
area of the lot or site.
Section 905: REUIRED OPEN
SPACES. Additional open spaces,
both as to amount and location on
the premises may be required in
connection with an unclassified
use permit, variance or site devel-
opment plan to apply the estab-
lished requirements of this and re-
lated ordinances pertaining to such
subjects as off- street parking,
loading areas, convenient and safe
circulation of vehicles and pedes-
trians, ingress and egress as re-
lated to the marginal traffic pat-
tern, vision clearance (traffic),
drainage and lighting.
ARTICLE 10
C -M — COMMERCIOL - MANU-
FACTURING CLASSIFICATION
Section 1000: PURPOSE OF
CLASSIFICATION. The principal
purpose and objective of this
classification and its application is
to provide for the location of and
grouping of enterprises which may
involve some on- premise retail
service but which involves a
greater amount of outside activi-
ties and display or fabrication, as-
sembling and service features, in-
cluding manufacturing and pro-
cessing in limited degree, than do
uses permitted to locate in a more
restrictive zone and which uses,
if permitted to locate in a purely
on- premise retail and service area,
would introduce factors of heavy
trucking and handling of materials
that destroy the maximum serv-
ice and attraction of strictly retail
areas. It is recognized that the
characteristics of the uses permit-
ted in this classification produce
an environment undesirable for
residential purposes while, in the
opposite direction, residential uses
in areas to which this classifica-
tion is applied tend to decrease the
capacity for and the ability to use
property to the maximum degree
possible. For these reasons resi-
dential uses are excluded from this
classification. The uses first per-
mitted in this classification are
considered as having common or
similar performance standards in
that —
(1) they involve a degree of
noise, outside activities and acces-
sory storage greater than are in-
volved in uses first permitted in
the strictly commercial zones, but
such factors are measurably Light-
er than are involved in uses first
permitted in the industrial zones;
(2) they do not attract, nor
do they depend upon individual
and personal patron contact on
the premises to the same degree
as do uses first permitted in the
commercial zones but, rather, rep-
resent in part enterprises whose
services are either performed away
from the premises and throughout
the environs of the City, or en-
terprises in which the manufactur-
ing, assembling, processing or
treatment of products is not acces-
sory or limited to products sold on
the premises only, as is required
in retail and service areas;
(3) they can more advantage-
ously use the standard lot and
street pattern than can strictly in-
dustrial uses;
(4) they involve a greater
handling of materials and com-
modities and more trucking than
do uses permitted in a strictly re-
tail area, but do not require as
large sites nor involve as much
handling of materials and com-
modities or heavy trucking as do
uses first permitted in strictly in-
dustrial areas;
(5) they are not as detriment-
ally affected by dispersal or sepa-
ration from adjoining uses as are
enterprises which are retail in na-
ture and which need to be located
in compact areas for convenient
patron access;
(6) they do not normally in-
volve as intensive use of land as do
uses comprising retail shopping
areas;
(7) they frequently involve ac-
tivities carried on outside of build-
ings.
Section 1001: PERMITTED
USES. The following uses only are
permitted, and as specifically pro-
vided and allowed by this Article :
(1) Any use permitted in the
C -C and C -2 zones except —
(a) churches
(b) dance halls
(c) hospitals (eexcept that
emergency hospitals are permitted)
(d) hotels and motels
(2) Advertising structures,
(3) Ambulance service,
(4) Assembly of electrical ap-
pliances, such as-
334
1
1
Ordinance 63 -112 Page . 32
(a) electronic instruments
and devices,
(b) radios, phonographs and
televisions, including manufacture
of small parts, such as coils,
(5) Auction houses or stores,
but excluding vehicle auctions,
(6) Automobile laundries or
car washes,
(7) Automobile sales, new and
used,
(8) Automobile parts sales (in-
cluding incidental storage when
contained wholly within a build-
ing) ,
(9) Awning shops, custom -
made from prepared materials,
(10) Blueprinting and Photo-
statting,
(11) Boat sales, new and used,
(12) Boat repairs,
(13) Book binding,
(14) Ceramic products, manu-
facture of, including figurines (but
not including bricks, drain, build-
ing and conduit tile), using only
previously pulverized clay and
batch kilns as distinguished from
shuttle, tunnel or beehive kilns,
and such batch kilns shall not ex-
ceed a total capacity of 130 cubic
feet,
(15) CIothes cleaning a n d
pressing establishments using non-
flammable a n d non - explosive
cleaning fluids or liquids with a
flash point above 138.5° F. in a
closed safety cleaning system,
(16) Electric fixtures, custom -
made,
(17) Electric or neon sign man-
ufacturing, servicing and repair-
ing,
(18) Electro- plating, when ac-
cessory to silversmiths and gold-
smiths,
(19) Equipment and tool rental
and sales, but not including heavy -
duty equipment,
(20) Fix -it shops,
(21) Frozen food or cold stor-
age lockers,
(22) Furniture repair,
(23) Garage, public and pri-
vate- commercial, including repair-
ing and servicing within an entire-
ly enclosed building, and storage
of vehicles (excluding heavy duty
motor vehicles and equipment and
body and fender works),
(24) Glass edging, beveling and
silvering in connection with the
sale of mirrors and glass decorated
furniture, including automobile
glass installation,
(25) Glass studios — stained,
etc.
(26) Hospitals, emergency only,
(27) House trailer sales, new
and used,
(28) Jewelry, custom manu-
facturing,
(29) Laboratories, experiment-
al, testing,
(30) Lamp shade, custom
manufacture,
(31) Lapidary shops,
(32) Machine shops, but no
punch press over five (5) tons, or
drop hammers, drop forges or au-
tomatic screw machines,
(33) Paint and sign shop,
(34) Parcel delivery service,
(35) Photo engraving,
(36) Plumbing shops,
(37) Printing establishments,
(38) Saw and filing shops,
(39) Second hand stores,
(40) Small animal hospitals,
kennels and veterinary offices;
provided the building or structure
is completely sound- proofed; all
run areas are completely sur-
rounded by an eight (8) foot solid
masonry wall ; the animal runs are
constructed in such a manner that
no animal can see one another;
and an icinerator of a type recom-
mended by the Health Department
shall be installed,
(41) Swimming pools, commer-
cial,
(42) Theatres, subject to the
issuance of a conditional use per-
mit,
(43) Tire rebuilding, recapping
and retreading,
(44 Trade schools,
(45) Trailer parks to accommo-
date tourist trailers only, subject
to Ordinance No. as it per-
tains to tourist trailer parks,
(46) Truck sales and rentals
new and used, including servicing
and repairing,
(47) Upholstery, custom work,
(48) Wholesale businesses and
storage (not warehousing)
(49) Accessory buildings and
uses customarily incident to any
Permitted uses when located on the
same site with the main building
and use,
(50) Other similar commercial
and industrial enterprises or busi-
nesses when interpreted by the
Planning Commission as to per-
formance standards as set forth
in Article 14.
(51) Unclassified uses, see Ar-
ticle 13.
Section 1002: LIMITATIONS ON
PERMITTED USES. Every use
permitted in a C -M zone shall be
subject to the following conditions,
requirements and limitations:
(1) All uses shall conform to
the general provisions, conditions
and exceptions, and the off- street
parking requirements and loading
area requirements set forth be-
ginning with Article 14, and park-
ing areas and loading areas shall
be surfaced, screened, developed
and maintained as required by
Ordinance No.
(2) repairing activities of any
kind shall be conducted wholly
within an enclosed building;
(3) on any boundary line
which is a common property line
with "R" classified property, a
solid masonry wall not less than
six (6) feet in height shall be in-
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Ordinance 63 -112
Page 33
stalled and maintained for screen-
ing purposes and controlling tres-
pass, except where the wall of a
building is on such common prop-
erty line no separate wall need
be installed along the portion of
the property line occupied by the
wall of a building;
(4) any necessary additional
features shall be provided to meet
any unusual or special require-
ments for police protection, health
protection and fire protection as
may be required by the govern-
mental agency having jurisdiction
in each case;
(5) any areas on the premises
used for the movement of vehicles
or outdoor activities, display of
merchandise, storage of products,
materials or automotive equipment
and the like, except horticultural
nurseries, electric distribution sub-
stations and outdoor advertising
structures, shall be surfaced and
maintained as required by Ordi-
nance No. for off - street
parking lots;
(6) storage shall be limited to
accessory storage of matrials or
commodities sold on the premises
or materials or commodities used
in connection with the manufac-
turing, processing, treatment or
assembling of products produced
only on the premises;
(7) for any uses not con-
tained wholly within a building,
except such uses as automobile
service stations, drive -in restau-
rants, horticultural nurseries, car,
boat, truck and trailer sales areas
and parking lots, the following ad-
ditional conditions and limitations
shall apply —
(a) if the use involves out-
side activities of any kind other
than storage only, then on all
property lines of the premises
there shall be erected a solid ma-
sonry wall not less than six (6)
feet in height to prevent trespass;
if the use involves storage of any
kind in the open and storage only,
then only the area used for storage
shall be entirely enclosed by such
wall and no other wall shall be re-
quired on other property lines un-
less the property line is a common
property line with "R" classified
property; in either case, if the
wall of a building is on a property
line or constitutes a side of a
storage area, no separate wall
need be installed along the portion
of the property line or storage
area occupied by the wall of the
building. Access openings in such
wall shall be equipped with view -
obscuring gates equal in height to
the height of the required wall.
Section 1003: PERMITTED
HEIGHT. No maximum height is
imposed, but when a building ex-
ceeds a height of thirty -five (35)
feet, the portion of the building
above such height shall be set
1
back from each property side line
and the property rear line one (1)
foot for each (2) feet such build-
ing exceeds such height.
Section 1004: PERMITTED
FLOOR AREA. The maximum per-
mitted floor area to be contained
in all buildings on a lot or site
shall not exceed three (3) times the
area of the lot or site.
Section 1005: REQUIRED OPEN
SPACES. Additional open spaces,
both as to amount and location
on the premises, may be required
in connection with an unclassified
use permit, variance or site de-
velopment plan to apply the estab-
lished requirements of this and
other related ordinances pertain-
ing to such subjects as off - street
parking, loading areas, convenient
and safe circulation of vehicles
and pedestrians, ingress a n d
egress as related to the marginal
traffic pattern, vision clearance
(traffic), drainage and lighting.
ARTICLE II
M -1 — LIMITED INDUSTRIAL
CLASSIFICATION
Section 1100: PURPOSE OF
CLASSIFICATION. The purpose
of this classification and its appli-
cation is to provide for the loca-
tion of and grouping of Light in-
dustrial activities and uses involv-
ing the processing, handling and
manufacture of products, and re-
search and technological processes,
all as distinguished from heavy
industrial activities, and which
uses are largely devoid of nuisance
factors, hazards or exceptional de-
mands upon public facilities and
services and which can be accom-
modated to customary subdivision
type lots and street pattern. A
further purpose is to apply zoning
protection to the industries so lo-
cated by prohibiting the intrusion
of residential and institutional
uses, and all commercial enter-
prises except those which serve as
accessory to the needs and con-
venience of such industries, thus
establishing a pattern of land use
advantageous to the specialized
needs of the uses permitted in this
classification.
Section 1101: PERMITTED
USES. The following uses only are
permitted, and as specifically pro-
- vided and allowed by this Article :
(1) Any use first permitted in
the C -M zone provided, however, a
dwelling shall be permitted on the
same lot or site on which an in-
dustrial use is located when the
dwelling is used exclusively by a
caretaker or a superintendent
of such enterprise and his family,
(2) Advertising structures,
(3) Assaying, gold and silver
only,
(4) Automobile body and fen-
der works, when operated and
336
1
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1
Ordinance 63 -112
Page 34
maintained within an entirely en-
closed building,
(5) Automobile painting, pro-
vided all painting, sanding and
baking shall be conducted within
an entirely enclosed building,
(6) Automobile service sta-
tions,
(7) Bag cleaning and condi-
tioning,
(8) Bakeries, wholesale,
(9) Banks and Savings and
Loan Institutions,
(10) Battery manufactur-
ing and rebuilding,
(11) Bleaching a n d dyeing
plants,
(12) Boat building,
(13) Book binding,
(14) Bottling plants,
(15) Broom and brush manu-
facture,
(16) Building materials storage
and sales yards, including top soil,
disintegrated granite and other
similar natural materials used
commercially,
(17) Cabinet shop or carpenter
shops,
(18) Carpet and rug cleaning
plants,
(19) Ceramic products, manu-
facture of, including wall and
floor tile, but not including bricks,
drain, building or conduit tile,
(20) Clothes cleaning or clothes
dyeing plants,
(21) Communications equip-
ment buildings,
(22) Contractor's s t o r a g e
yards,
(23) Cosmeticss, manufacture
of,
(24) Creameries, and d a i r y
products manufacture or process-
ing, including dock retail milk
sales (but no animals shall be kept
on the premises),
(25) Die casting,
(26) Distributing plants (job-
bers),
(27) Dog pounds,
(28) Draying, freighting or
trucking yards or terminals,
(29) Electric distribution and
transmission substations, including
microwave transmitters incorpo-
rated as a part of a public utility
installation,
(30) Electric generating plants,
(31) Electric appliances, manu-
facture and assembly of,
(32) Electro - plating, silver,
chrome, copper, etc.,
(33) Equipment, he a v y -duty
rental and sales,
(34) Feed and fuel sales yards
(but not including butane, propane
and other flammable liquid gases),
(35) Fire stations,
(36) Food products manufac-
ture, storage, processing and pack-
aging of, but not including lard,
pickles, sauerkraut, sausage, vine-
gar, onions, and garlic,
(37) Foundries, aluminum
only,
(38) Gas distribution, meter
and control stations of a public
utility,
(39) Grinding shops,
(40) Heating and ventilating
service shops, including incidental
forming of ducts,
(41) Horticultural nurseries,
(42) Hospital, emergency only,
(43) Jewelry, manufacture of,
(44) Laboratories, experiment-
al, testing, motion picture process-
ing,
(45) Lamp shades, manufac-
ture of,
(46) Laundries,
(47) Lumber yards,
(48) Machine shops with a
punch press up to twenty (20) tons
capacity when contained within an
entirely enclosed building, but no
hammer or drop forge,
(49) Manufacture, processing
or treatment of articles from
previously prepared materials,
(50) Metal, manufacture and
fabrication of products from, (ex-
cept major structural steel forms,
boiler making and similar activi-
ties involving excessive noise, or
major trucking in terms of over -
standard dimensions per unit or
over - standard dimensions of load),
(51) Packaging plant.
(52) Painting contractor, in-
cluding storage yard,
(53) Parking lots, provided
any area so used shall be im-
proved and maintained in the man-
ner required by Ordinance No.
(54) Pharmaceuticals, manu-
facturing, processing, packaging
and storage of, including drugs,
perfumes, toiletries and soap (cold
mix only).
(55) Pipe line booster or pump-
ing plant in connection with water,
oil, petroleum, gas, gasoline or
other petroleum products,
(56) Plastics, fabrication from,
(57) Plumbing supply yards,
(58) Prefabricated buildings,
manufacture of (no concrete)
(59) Printing establishments,
including newspapers,
(60) Public utility service
yards and buildings located there-
on,
(61) Research and electronic
industries,
(62) Restaurants and cafete-
rias, with or without cocktail bar,
(63) Rubber, fabrication o f
products made from finished rub-
ber,
(64) Sheet metal shops,
(65) Shoe manufacture,
(66) Signs, but without restric-
tion as to size or number,
(67) Storage of impounded or
damaged cars, but no wrecking
yards,
(68) Storage for transit and
transportation equipment, except
railroad freight classification
yards,
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1
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Ordinance 63 -112
Page 35
(69) Textile manufacture, pro-
cessing or treatment,
(70) Tinsmith,
(71) Truck rentals,
(72) Truck repairing and over-
hauling, when conducted in an en-
tirely enclosed building.
(73) Upholstering,
(74) Vacuum metalization,
(75) Warehousing,
(76) Welding shops, when in
an entirely enclosed building,
(77) Accessory buildings and
uses customarily incident to any
permitted uses when located on
the same site with the main build-
ing and use,
(78) Other similar industrial
enterprises or businesses when in-
terpreted by the Planning Com-
mission as to performance stand..
ards as set forth in Article 14.
(79) Unclassified uses, see Ar-
ticle 13.
Section 1102: LIMITATIONS ON
PERMITTED USES. Every use
permitted shall be subject to the
following conditions and limita-
tions :
(1) All uses shall conform to
the off - street parking require-
ments, loading and unloading area
requirements and the general pro-
visions, requirements and excep-
tions set forth beginning with
Article 14,
(2) all parking areas, loading
areas and areas used for outside
activities shall b e surfaced,
screened, developed and main-
tained as required by Ordinance
No. for off- street parking
lots,
(3) the following standards of
performance shall be conformed
to—
(a) sound shall be muffled
so as not to become objectionable
due to intermittance, beat frequen-
cy or shrillness; sound shall be
measured to decibels with a sound
level meter and associate octave
band filter manufactured accord-
ing to standards prescribed by the
American Standards Association,
and the sound pressure level of
noise radiated from any activity
located in an M -1 zone shall not
exceed in any residential district
the decibel values given in the
following table in any frequency
band:
Frequency Band in
cycles /second
0 -75
75 -150
150 -300
300 -600
600 -1200
1200 -2400
2400 -4800
Above 4800
Sound
pressure level
in decibels
re. 0.0001
microbar
72
59
52
46
42
39
34
32
(b) smoke shall not be emit-
ted from any source in a greater
density of grey than that described
as No. 1 on the Ringlemann Chart,
except that visible grey smoke of
a shade not darker than that de-
scribed as No. 2 on the Ringle-
mann Chart may be emitted for
not more than four (4) minutes in
any thirty (30) minutes; these pro-
visions applicable to visible grey
smoke shall also apply to visible
smoke of a different color but with
an equivalent apparent opacity;
(c) dust, dirt, fly ash or air-
borne solids from any source
shall not be in a density greater
than that described as No. 1 on
the Ringlemann Chart;
(d) odors from gasses or
other odorous matter shall not be
in such quantities as to be de-
tectable beyond the boundary
property lines of the lot or site;
(e) toxic gases or matter
shall not be emitted which can
cause any damage to health, to
animals, vegetation . or property,
or which can cause any excessive
soiling beyond the boundary prop-
erty lines of the lot or site
(f) vibration from any ma-
chine, operation or process which
exceeds .003 of one (1) inch dis-
placement or .003 peak accelera-
tion, whichever is the greater, as
measured at the exterior property
lines of the lot or site shall be
prohibited. The above shall apply
in the . frequency range of zero
to 5000 cycles per second. Shock
absorbers or similar mounting
shall be allowed to permit com-
pliance with this specification;
(g) glare and heat from any
source shall not be produced be-
yond the boundary property lines
of the lot or site;
(h) radioactivity and electri-
cal disturbances shall be limited
to those created by measuring,
gauging and calibration devices
and research activity devices, and
in connection with the processing
and preservation of foods, In no
event shall radioactivity, when
measured at the exterior boundary
line of the property, be in excess
of 2.7x10 -11 microcuries per milli-
liter of air at any moment of time,
or the permissible • tolerances
established by appropriate govern -
mental authority, which shall con-
trol where these exist. Radio and
television transmitters shall be op-
erated at the regularly assigned
wave lengths (or within the au-
thorized tolerances therefor) as
assigned thereto by the appropri-
ate governmental agency. Subject
to such exceptions, all electrical
and electronic devices and equip-
ment shall be suitably wired,
shielded and controlled so that in
operation they shall not emit any
electrical impulses or waves which
338
1
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1
Ordinance 63 -112
Page 36
will adversely affect the operation
and control of any other electrical
or electronic devices or equipment
located beyond the exterior bound-
aries of the property;
(i) wherever appropriate and
reasonable the Planning Commis-
sion may require the owner or
lessee to install, maintain and op-
erate continuous recording instru-
ments to demonstrate the opera-
tion or effect of the operation of
any machines, devices or instru-
ments used to control noise, glare,
air polution, smoke, hazardous
gases and liquids, or vibration.
(4) On any boundary line
which is a common property line
with "R" classified property, a
solid masonry wall not less than
six (6) feet in height shall be in-
stalled and maintained for screen-
ing purposes and controlling tres-
pass except where the wall of a
building is on such common bound-
ary line no separate wall need be
installed along the portion of the
boundary property line occupied
by the wall of the building.
(5) Any necessary additional
features shall be provided to meet
any unusual or special require-
ments for police protection, health
protection and fire protection as
may be required by the govern-
mental agency having jurisdiction
in each case.
(6) For any uses not contained
wholly within a building, except
such uses as automobile service
stations, horticultural nurseries,
drive -in restaurants, parking lots,
car, trailer and boat sales areas,
the following additional conditions
and limitations shall apply:
(a) If the use involves out-
side activities other than storage
only, there shall be erected a solid
masonry wall not less than six (6)
feet in height on all boundary
property lines, except where the
wall of a building is on a property
line no separate wall need be in-
stalled along the portion of the
property line occupied by the wall
of the building, and access open-
ings in such wall shall be equipped
with view - obscuring gates equal in
height to the height of the re-
quired wall;
(b) if the use involves stor-
age of any kind in the open, and
storage only, the area used for
storage shall be entirely enclosed
by such a wall and no other wall
shall be required on property
boundary lines except as set forth
in paragraph (4) of this section;
in either case, where the wall of a
building is on the property line or
constitutes a side of a storage
area, no separate wall need be
installed on the portion of the
property line or storage area oc-
cupied by the wall of the building.
Section 1103: PERMITTED
HEIGHT. No maximum height
limit is imposed, but when a build-
ing exceeds a height of thirty -five
(35) feet, the portion of the build-
ing above such height shall be set
back from each property side line
and the property rear line (1)
foot for each two (2) feet such
building exceeds such height.
Section 1104: PERMITTED
FLOOR AREA. The maximum
permitted floor area to be con-
tained in all buildings on a lot or
site in an M -1 zone shall not ex-
ceed three (3) times the area of
the lot or site.
Section 1105: REQUIRED OPEN
SPACES. Additional open spaces,
both as to amount and location on
the premises, may be required in
connection with a conditional use
permit, unclassified use permit,
variance or site development plan
in order to apply the established
requirements of this and other re-
lated codes pertaining to such sub-
jects as off - street parking, load-
ing and unloading areas, conven-
ient and safe circulation of vehi-
cles and pedestrians, ingress and
egress as related to marginal traf-
fic pattern, vision clearance (traf-
fic), drainage and lighting.
ARTICLE 12
M -2 —HEAVY INDUSTRIAL
CLASSIFICATION
Section 1200: PURPOSE OF
CLASSIFICATION. The purpose
of this classification and its appli-
cation is to provide for the loca-
tion of and grouping of industrial
enterprises which involve —
(1) bulk handling of products
manufactured, treated, processed
or assembled on premises,
(2) dominant amounts of stor-
age and warehousing,
(3) heavy trucking or use of
I.aavy -duty equipment,
(4) heavy movement of traffic
on -site and generating of large
amounts of automobile and truck
traffic on adjacent streets,
(5) noise and vibration,
(6) sites larger than can be
provided by normal -sized lots, and
(7) similar characteristics and
performance standards not detri-
mental in effect upon other uses of
similar nature in close proximity.
The grouping of such types of
uses permits a pattern of land use,
public facilities, utilities and thor-
oughfares so designed with refer-
ence to spacing and improvement
as to cater advantageously to the
specialized needs of such types of
industrial uses. It also makes pos-
sible by grouping enterprises
which generate air and water pol-
lutants, to develop and operate
facilities for capturing, processing
or neutralizing such pollutants
through the joint use of such fa-
cilities. A further purpose of this
classification is to apply zoning
339
1
Ordinance 63 -112
Page 37
protection to industries properly
by prohibiting the i n t r u s i o n
of residential and institutional
uses and all commercial enter-
prises except those which serve as
accessory to the needs and con-
venience of the permitted types of
industrial enterprises.
Section 1201: PERMITTED
USES. The following uses only are
permitted, and as specifically pro-
vided and allowed by this Article :
(1) Any use first permitted in
the C -M and M -1 zones,
(2) Acid manufacture, other
than those requiring a conditional
use permit,
(3) Aircraft factories,
(4) Asbestos, manufacture of,
(5) Assaying,
(6) Boiler works,
(7) Breweries and distilleries,
(8) Candle manufacturing,
(9) Carbon manufacture,
(10) Cellulose materials manu-
facture,
(11) Chain and cable manufac-
ture,
(12) Disinfectants manufac-
ture,
(13) Dry kilns,
(14) Dye stuffs manufacture,
(15) Emery cloth and sand pa-
per manufacture,
(16) Enameling,
(17) Feed and cereal mills,
(18) Foundries,
(19) Freight terminal, motor
trucks,
(20) Freight terminal, rail-
roads,
(21) Galvanizing and Lead plat-
ing, including heating and dipping,
(22) Glass, or glass products
manufacture,
(23) Lamp black manufacture,
(24) Lubrication grease manu-
facture or oil compounding,
(25) Machinery manufacture,
(26) Match manufacture,
(27) Metal fabrication,
(28) Oil cloth or linoleum man-
ufacture,
(29) Oxygen manufacture,
(30) Paint manufacture,
(31) Paper box manufacture,
(32) P et r o l e u m distribut-
ing stations for delivery to whole-
sale and retail trade,
(33) Plastics manufacture,
(34) Plywood manufacture,
(35) Printing ink manufacture,
(36) Railroad yards,
(37) Rope manufacture,
(38) Salt works,
(39) Sand blasting or cutting,
(40) Shoddy manufacture,
(41) Soap and soap compounds
manufacture,
(42) Soda and cleaning com-
pounds manufacture,
(43) Steel fabrication plants,
(44) Starch, glucose or dex-
trine manufacture,
(45) Stone works,
1
(40) Vegetable oil manufactur-
ing, refining or storage, but ex-
cluding fat rendering,
(47) Welding shops and sheet
metal shops,
(48) Wood planing mill, or
wood working plant,
(49) Yeast plant,
(50) Accessory buildings and
uses customarily incident to any
of the above uses, when located on
the same site with the main build-
ing,
(51) Other similar industrial
enterprises or businesses when in-
terpreted by the Planning Com-
mission as to performance stand-
ards as set forth in Article 14 of
this ordinance.
(52) Unclassified uses, see Ar-
ticle 13.
Section 1202: M -2 USES RE-
QUIRING A CONDITIONAL USE
PERMIT. Because of the consider-
ations of smoke, fumes, dust, odor,
vibrations or hazard the establish-
ment or operation of the following
uses shall not be permitted to lo-
cate in an M -2 zone unless a con-
ditional use permit authorizing
such use has been granted:
(1) Acetylene gas manufac-
ture,
(2) Acid, manufacture of sul-
phurous, sulphuric, picric, nitric,
hydrochloric, hydrofhuric, a n d
other similar acids,
(3) Alcohol manufacture,
(4) Ammonia or chlorine man-
ufacture,
(5) Asphalt manufacture or re-
fining,
(6) Blast furnace or coke oven,
(7) Brick, tile or terra cotta
manufacture or storage,
(8) Charcoal manufacture or
pulverizing,
(9) Chemical manufacture,
(10) Concrete products manu-
facture and ready -mix concrete,
(11) Creosote treatment o r
manufacture,
(12) Cupola or metal reduction
furnace for aluminum, gold, silver
and platinum,
(13) Distillation of wood, coal
or bones, or manufacture of any of
their by- products,
(14) Drop forge or drop ham-
mer, provided such use is con-
tained in a completely enclosed
building, and is not closer than
five hundred (500) feet to any "R"
classified property,
(15) Explosives, manufacture
or storage, subject to other appli-
cable city ordinances pertaining to
these uses,
(16) Exterminators or insect
poisons manufacture,
(17) Fat rendering,
(18) Fertilizer manufacture,
heat-
ing) manufacture (illuminating s age of,
(20) Glue, size or gelatin man-
ufacture,
340
1
Ordinance 63 -112 Page 38
(21) Liquified gas wholesale
storage (butane, propane, etc.),
(22) Meat packing plants,
(23) Nitrating processes,
(24) Oil, shellac, turpentine or
varnish manufacture,
(25) Petroleum products, pro-
cessing, refining and wholesale
storage of,
(26) Plaster or wallboard man-
ufacture,
(27) Poultry slaughter and
processing,
(28) Public utility gas works,
(29) Punch press over twenty
(20) tons, provided such use is
contained in a completely enclosed
building and is not located closer
than five hundred (500) feet to
any "R" clasified property,
(30) Reclamation of iron, cop-
per, tin, zinc, and aluminum,
(31) Reducing or refining of
aluminum, copper, tin or zinc,
(32) Rolling or blooming mills,
(33) Roofing material manu-
facture,
(34) Rubber, reclaiming or the
manufacture of synthetic rubber
or its constituents,
(35) Sauerknaut, onions, gar-
lic, lard, pickles, vinegar, the
manufacture, storage, processing
and packaging of,
(36) Slaughter houses,
(37) Stoneware or earthenware
manufacture,
(38) Tanning, curing, or stor-
age of raw hides ar skins,
(39) Tar roofing or tar water-
proofing manufacture, or similar
products,
(40) Tar distillation or tar
products manufacture,
(41) Wrecking yards and stor-
age of wrecked automobiles.
Section 1203: LIMITATIONS ON
PERMITTED USES. Every use
permitted shall be subject to the
following conditions and limita-
tions :
(1) All uses shall conform to
the off - street parking require-
ments, loading and unloading area
requirements and the general pro-
visions, requirements and excep-
tions set forth beginning with Ar-
ticle 14;
(2) all parking areas, loading
areas and areas used for outside
activities shall be surface d,
screened, developed and main-
tained as required for off - street
p a r k i n g areas by Ordinance
No.
(3) the following standards of
performance shall be conformed
to—
(a) sound shall be muffled
so as not to become objectionable
due to intermittance, beat frequen-
cy or shrillness; sound shall be
measured to decibels with a sound
level meter and associate octave
band filter manufactured accord-
ing to standards prescribed by the
1
American Standards Association,
and the sound pressure level of
noise radiated from any activity
located in an M -2 zone shall not
exceed in any residential district
the decibel values given in the fol-
lowing table in any frequency
band;
Sound
pressure level
Frequency in decibels
Band in re. 0.0001
cycles /second microbar
0 -75 72
75 -150 59
150 -300 52
300 -600 46
600 -1200 42
1200 -2400 39
2400 -4800 34
Above 4800 32
(b) smoke shall not be emit-
ted from any source in a greater
density of grey than that described
as No. 1 on the Ringlemann Chart
except that visible grey smoke of
a shade not darker than that de-
scribed as No. 2 on the Ringle-
mann Chart may be emitted for
not more than four (4) minutes in
any thirty (30) minutes; these pro-
visions applicable to visible grey
smoke shall also apply to visible
smoke of a different color but with
an equivalent apparent opacity;
(c) dust, dirt, fly ash or air -
bourne solids from any sources
shall not be in a density greater
than that described as No. 1 on
the Ringlemann Chart;
(d) odors from gases or
other odorous matter shall not be
in such quantities as to be detecta-
ble beyond the boundary property
lines of the lot or site;
(e) toxic gases or matter
shall not be emitted which can
cause any damage to health, to
animals, vegetation or property,
or which can cause any excessive
soiling beyond the boundary prop-
erty lines of the lot or site;
(f) vibration from any ma-
chine, operation or process which
exceeds .003 of one (1) inch dis-
placement or .003 peak accelera-
tion, whichever is greater, as
measured at the exterior property
lines of the lot or site shall be
prohibited. The above shall apply
in the frequency range of zero to
5000 cycles per second. Shock ab-
sorbers or similar mounting shall
be allowed to permit compliance
with this specification;
(g) glare and heat from any
source shall not be produced be-
yond the boundary property lines
of the lot or site;
(h) radioactivity and electri-
cal disturbances shall be limited
to those created by measuring,
gauging and calibration devices
and research activity devices, and
in connection with the processing
and preservation of foods. In no
event shall radioactivity, when
341
1
Ordinance 63 -112 Page 39
measured at the exterior boundary
line of the property, be in excess
of 2.7x10 -11 microcuries per milli-
liter of air at any moment of time,
or the permissible tolerances es-
tablished by appropriate govern-
mental authority, which shall con-
trol where these exist. Radio and
television transmitters shall be op-
erated at the regularly assigned
wave lengths (or within the au-
thorized tolerances therefor) as as-
signed thereto by the appropriate
governmental agency. Subject to
such exceptions, all electrical and
electronic devices and equipment
shall be suitably wired, shielded
and controlled so that in operation
they shall not emit any electrical
impulses or waves which will ad-
versely affect the operation and
control of any other electrical or
electronic devices or equipment lo-
cated beyond the exterior bound-
aries of the property;
(i) wherever appropriate and
reasonable the Planning Commis-
sion may require the owner or
lessee to install, maintain and op-
erate continuous recording instru-
ments to demonstrate the opera-
tion or effect of the operation of
any machines, devices or instru-
ments used to control noise, glare,
air pollution, smoke, hazardous
gases and liquids, or vibration.
(4) On any boundary line
which is a common property line
with "R" classified property a
solid masonry wall not less than
six (6) feet in height shall be in-
stalled and maintained for screen-
ing purposes and controlling tres-
pass. except where the wall of a
building is on such common bound-
ary line no separate wall need be
installed along the portion of the
boundary line occupied by the wall
of the building.
(5) Any necessary additional
features shall be provided to meet
any unusual or special require-
ments for police protection, health
protection and fire protection, as
may be required by the govern-
mental agency having jurisdiction
in each case.
(6) For any uses not con-
tained wholly within a building, ex-
cept such uses as automobile serv-
ice stations, horticultural nurseries,
drive -in restaurants, parking Lots,
car, boat and trailer sales areas,
the following additional conditions
and limitations shall apply:
(a) If the use involves out-
side activities, other than storage
only, there shall be erected a solid
masonry wall not less than six
(6) feet in height on all property
boundary lines, except where the
wall of a building is on a property
line no separate wall need be in-
stalled along the portion of the
property line occupied by the wall
of the building, and access open-
ings in such wall shall be equipped
1
with view - obscurng gates equal in
height to the height of the re-
quired wall;
(b) if the use involves stor-
age of any kind in the open, and
storage only, the area used for
storage shall be entirely enclosed
by such a wall and no other wall
shall be required on property
boundary lines except as set forth
in paragraph (4) of this section;
in either case, where the wall of a
building is on the property line or
constitutes a side of a storage
area, no separate wall need be in-
stalled on the portion of the prop-
erty line or storage area occupied
by the wall of a building.
(c) goods and equipment in
any walled area shall not be
stacked. or project, higher than
the wall.
Section 1204: PERMITTED
HEIGHT. No maximum height
limit is imposed, but when a build-
ing exceeds a height of thirty -five
(35) feet, the portion of the build-
ing above such height shall be set
back from each property side line
and the property rear line one (1)
foot for each two (2) feet such
building exceeds such height.
Section 1205: PERMITTED
FLOOR AREA. The maximum per-
mitted floor area to be contained
in all buildings on a lot or site in
an M -2 zone shall not exceed three
(3) times the area of the lot or
site.
Section 1200: REQUIRED OPEN
SPACES. Additional open spaces,
both as to amount and location on
the premises, may be required in
connection with a conditional use
permit, unclassified use permit,
variance or site development plan
in order to apply the established
requirements of this and other re-
lated codes pertaining to such
subjects as off - street parking,
loading and unloading areas, con-
venient and safe circulation of ve-
hicles and pedestrians, ingress and
egress as related to marginal traf-
fic pattern, vision clearance (traf-
fic). drainage and lighting.
ARTICLE 13
UNCLASSIFIED USES
Section 1300: All of the following,
and all matters directly related
thereto, are declared to be uses
possessing characteristics of such
unique and special form as to
make impractical their being in-
cluded automatically in any
classes of use as set forth in the
various classifications herein de-
fined, and the authority for the lo-
cation and operation of any of the
following uses shall be subject to
review and the issuance of an un-
classified use permit. The purpose
of review shall be to determine
that the characteristics of any
such use shall not be unreason-
ably incompatible with the type
of uses permitted in surrounding
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1
Ordinance 63 -112
Page 40
areas and for the further purpose
of stipulating such conditions as
may reasonably assure that the
basic purpose of this ordinance
shall be served. Factors to be con-
sidered are as set forth in Sec-
tion 1404 of this ordinance. The
granting of an unclassified use
permit shall not be considered to
constitute a classification of such
use. Action on each application for
an unclassified use permit shall
constitute an individual determi-
nation pertaining to the particular
project at the particular site, and
shall not serve as a precedent to be
followed in other cases of indi-
vidual projects on individual sites.
Unclassified use permits shall be
processed as specified in Article
19.
(1) Airports, landing fields
and heliports, provided such uses
are specifically excluded from all
"R" zones.
(2) Booster stations, compressor
stations, or conversion plants in
connection with pipe lines, with
the necessary buildings, apparatus
or appurtenances incident thereto
of public utilities operated by pub-
lic, mutual or private agencies,
provided these uses are specifical-
ly excluded from all "R" zones,
and provided further these uses
are permitted in the 11-1 and M -2
zones without review. Distribution
mains are permitted in any zone
without review.
(3) Borrow pits to a depth of
over three (3) feet, and natural
resources and deposits, the devel-
opment of, together with necessary
buildings, apparatus or appurte-
nances incident thereto, provided
no review or permit shall be re-
quired for the exploration of oil,
rock, sand, gravel or clay if this
or any other ordinance makes sep-
arate provisions with respect
thereto. In conjunction with such
operations the Planning Commis-
sion may authorize additional al-
lied uses such as concrete batching
plants, rock crushers and asphalt
mixing plants, provided —
(a) no sand or gravel may
be imported from places or sources
other than the premises upon
which the use is located; and
(b) when the resources have
been depleted and /or the excava-
tion thereof is completed to the
contours prescribed in the permit,
all operations including any addi-
tional operations authorized there-
with shall terminate, and all
equipment and structures re-
moved.
(4) Cemeteries, provided this
use is specifically excluded from
the C -C zone,
(5) Columbariums, crematories
and mausoleums, provideed these
uses are specifically excluded from
the C -C zone and from all "R"
zones unless inside of a cemetery.
(6) Commercial establishments
or enterprises involving Large as-
semblages of people or automobiles
as follows, provided these uses
are specifically excluded from all
"R" zones and the C -C zones:
(a) Amusement parks,
(b) Boxing a n d wrestling
arenas,
(c) Ball parks,
(d) Fairgrounds,
(e) Golf driving ranges,
(f) Open -air theatres,
(g) Race tracks and rodeos,
(h) Recreational centers pri-
vately operated,
(i) Stadiums,
(7) Commercial incinerators,
provided this use is specifically
excluded from all "R" zones and
the C -C zone.
(8) Correctional institutions,
provided these uses are specifically
excluded from all "R" zones and
the C -C zone.
(9) Drag strips and race
courses, provided these uses are
specifically excluded from all "R"
zones and the C -C zone.
(10) Dumps, public or private,
provided these uses are specically
excluded from the C -C zone.
(11) Hospitals, mental and al-
coholic, provided they are specifi-
cally excluded from the C -C zone
and all "R" zones except the R -4
zone.
(12) Institutions for training of
religious orders, provided they are
specifically excluded from the
C -C zone and all "R" zones except
the R -4 zone.
(13) Public utility power gen-
erating plants, including atomic
energy powered generating plants,
provided this use is specifically ex-
cluded from all "R" zones.
(14) Radio or television trans -
miters and towers or other equip-
ment (commercially -owned and op-
erated) provided these uses are
specifically excluded from all "R"
zones.
(15) Recreational areas, com-
mercial, including tennis clubs and
similar activities, provided these
uses are specifically excluded from
the C -C zone and all "R" zones.
(16) Refuse disposal, provided
these uses are specifically exclud-
ed from the C -C zone.
(17) Sewage treatment plants,
provided this use is specifically ex-
cluded from the C -C zone and all
"R" zones.
(18) Transfer stations (refuse
and garbage) when operated by a
public agency or a private agency
under contract with a public
agency, provided this use is spe-
cifically excluded from the C -C
zone and all "R" zones.
(19) Universities, Junior Col-
leges and Colleges, including dor-
mitories and fraternity and soror-
ity houses when on campus.
343
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Ordinance 63 -112
Page 41
Section 1301: YARD AND OPEN
SPACE REQUIREMENTS. The
requirements for front and side
yards and open spaces applicable
to the particular zone in which any
such use is proposed to be located
shall prevail, unless in the findings
and conditions recited in the action
dealing with each matter specific
exceptions are made or additions
required with respect thereto.
Section 1302: PERMITTED
HEIGHT, FLOOR AREA AND
AREA COVERAGE. The provi-
sions applying to height, floor
area and area coverage .applicable
to the particular zone in which
any such use is proposed to be lo-
cated shall prevail unless in the
findings and conditions recited in
the action dealing with each such
matter specific exceptions are
made or additions required with
respect thereto.
ARTICLE 14
GENERAL PROVISIONS, CON-
DITIONS AND EXCEPTIONS
U SE
Section 1400; FOREGOING REG-
ULATIONS SUBJECT TO THIS
ARTICLE. The foregoing regula-
tions pertaining to the several
classifications shall be subject to
the general provisions, conditions
and exceptions contained in this
Article.
Section 1401: LIMITATIONS ON
LAND USE. Except as may other-
wise be provided in this Article
and Articles 15, 16 and 17, no
building shall be erected, recon-
structed or structurally altered,
nor shall any building or land be
used for any purpose other than is
specifically permitted in the zone
in which such building or land is
located.
Section 1402: INDIVIDUAL LOT
OR BUILDING SITE IS UNIT OF
APPLICATION. Unless otherwise
specifically set forth in this ordi-
nance, all of the provisions, re-
quirements, permitted uses, yards
and open spaces are stated to ap-
ply to an individual lot or build-
ing site as each is defined herein.
Section 1403: IF ONLY ONE
BUILDING ON A LOT OR
BUILDING SITE, IT CONSTI-
TUTES A MAIN BUILDING. Any
building which is the only build-
ing on a lot or building site is a
main building unless otherwise au-
thorized by a variance. No acces-
sory building or use is allowed on
a lot or building site unless the
primary use to which it is acces-
sory exists on the same lot or
building site.
Section 1404: CLARIFICATION
OF AMBIGUITY AND CLASSIFI-
CATION OF UNLISTED USES. In
developing and adopting this ordi-
nance it has been the purpose of
The Council to employ the fact
that certain use characteristics
may be recognized and established
whereby comparable, compatible or
similar uses are grouped in each
of the several classifications set
forth in this ordinance, thus estab-
lishing the general character and
type of uses permitted in each
classification and to further estab-
lish types of uses, certain uses are
specifically named. The Council is
also aware of the fact that it is
not possible to enumerate and
classify within this ordinance
every use to which land may be
devoted, either now or in the fu-
ture. It is further recognized that
ambiguity may exist with refer-
ence to the appropriate and con-
sistent classification of any use.
Therefore, with reference to any
use under the following circum-
stances it shall be the responsi-
bility of the Planning Commission
to ascertain all pertinent facts re-
lating to any such use and by
written findings. set forth in de-
tail its interpretations and the
established facts upon which its
interpretations are based, and pre-
sent its findings and recommenda-
tions to The Council. The Council
shall, after considering the facts
and the stated purpose of each
classification and the various use
lists, determine the appropriate
classification for the use. There-
after such interpretations shall
govern:
(1) Any known and identifiable
use which has been omitted from
the list of permitted uses in any
classification, or uses which have
newly come into existence by rea-
son of new technological develop-
ments in the trades, sciences and
equipment.
(2).Any use already listed in a
classification but which, because of
new processes, equipment or mate-
rials used possesses measurably
different performance standards
than do the other uses in that
classification and which may war-
rant subject use being made per-
missible in a more restrictive
classification.
For purposes of arriving at de-
terminations under this Section,
the degree of compatibility of any
use within either of these two
circumstances to other uses shall
be evaluated. So far as technical
evidence and scientific means of
measurement are available they
shall be considered in determining
the form and intensity of perform-
ance standards typically associat-
ed with any identifiable type of
use. The term "performance stand-
ards" as here employed refers to
such conditions or effects which
result from the maintenance and
operation of any principal use in-
cluding. but not limited to, the
flow of sound measured in deci-
bels: ambient level of sound; vi-
brations above and below the audi-
tory range: odors, fumes, smoke,
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Page 42
or other emissions whether toxic or
non - toxic; incidence of hazard, in-
cluding explosion or contamina-
tion; the identification and classi-
fication in terms of chemical com-
position of the emissions from any
type of use whether industrial,
commercial or domestic; the traf-
fic- generating capacity, both in
terms of freight and passengers,
the volume of either or both, and
the time or times of daily cycle
that represent peak flow or mini-
mum flow; the consuming capacity
of and need for electrical energy,
natural gas, oil, water, sewage
disposal and transportation facili-
ties, including water, rail and air.
In no case, however, shall a use
determined in this manner to be a
commercial use be permitted to
locate in a residential zone, nor
shall any use determined to be
an industrial use be permitted to
locate in a strictly commercial
zone.
The City may initiate proceed-
ings under this Section, or any
person may file a written applica-
tion for such determination with
the Planning Commission upon
forms supplied by the City, and
such application shall be accom-
panied by such data as is availa-
ble to the applicant on the factors
enumerated herein as thhey apply
to the subject use.
An up -to -date list of all uses
classified pursuant to this Section
shall be maintained in the office
of the Planning Department and,
at least once each year, copies of
such list shall be prepared and
made available to all persons re-
questing same.
Section 1405: POTENTIAL
AREA CLASSIFICATION. Areas
shown upon the zoning map en-
closed within a dashed line indi-
cate approximate locations consid-
ered to be suitable for the type
of land -use indicated by the sym-
bol therein enclosed within a circle
when and if such areas are initial-
ly designed, or redesigned, for
such use. The uncircumscribed
symbols shown within such areas
on the zoning map represent the
classification of such properties
until they are processed as set
forth herein.
The designation of a potential
classification is based upon a rec-
ognition of the suitability of the
location for the type of use indi-
cated by the circumscribed symbol,
and the impracticability of pre-
cisely classifying such property for
the indicated future types of use
until such lands are designed and
planned in detail so as to estab-
lish the location and dimensions of
parking areas, building sites and
similar features pertinent to zon-
ing, and the possibile location.
dimentions, and alignment of
streets, alleys and other public fa-
cilities.
Such indicated future classifica-
tion designation shall be shown on
and be a part of the zoning map,
and may be adopted or amended
only in the manner prescribed for
reclassifying of property as re-
quired in Article 19 of this ordi-
nance.
Section 1400: TRANSLATING
POTENTIAL CLASSIFICATIONS
TO ACTUAL CLASSIFICATIONS.
The reclassification to the classi-
fication indicated as potential of
the property within an area shown
on the zoning map within dashed
lines shall be accomplished by the
adoption, as an amendment to the
zoning map, of a site development
plan showing thereon the detailed
application to the site of the pro-
visions and requirements of this
ordinance.
Section 1407: PURPOSE OF
SITE DEVELOPMENT PLAN.
Wherein the zoning map estab-
lishes only zone boundaries and
the text of this ordinance estab-
lishes the permitted uses of land
within the various zones and the
conditions applicable to such uses,
and wherein all of the provisions,
conditions and requirements set
forth in this ordinance are, in gen-
eral, designed to apply to individ-
ual lots and minimum area par-
cels, a site development plan, as
the term is employed in this ordi-
nance, has a two -fold purpose:
(1) To apply to larger areas,
whether consisting of consolidated
lots or unsubdivided property, and
whether or not the property is po-
tentially classified, the same prin-
ciples and purposes inherent in the
required provisions, conditions and
requirements applying to individual
lots or minimum area parcels by
designing, combining and rearrang-
ing the land involved and modify-
ing, adjusting or correlating the
various provisions, conditions and
requirements of this ordinance as
applied to such larger areas so as
to accomplish the objectives of the
regulations of this ordinance; and
(2) to correlate comprehensive-
ly the conditions, requirements and
provisions of this ordinance and
other ordinances of the City, if
any, as they may apply to the
area incorporated in a site devel-
opment plan.
The site development plan result-
ing from the application of the
provisions of either items (1) and
(2) of this Section shall be identi-
fied by means of a map which
shall be made a part of the zon-
ing map, and identified thereon by
appropriate reference to the de-
tailed site development plan, either
by number or by symbol, and ex-
planatory text.
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Ordinance 63 -112
Page 43
If the site development plan con-
tains any area that may require
acquisition for public purposes,
such as opening and widening of
streets or alleys, such features, in
addition to being indicated on the
site development plan, shall also
be shown in exact detail on a pre-
cise plan showing dimensions, di-
rections, radii, bearings and any
other information pertinent for
identification as a precise plan
within the meaning of the State
Planning Law. Hearings on the
site development plan and the
precise plan, if involved, shall be
separately noted in the public no-
tice of hearing, but may be held
concurrently, and action on each
shall be taken separately.
Section 1408: USE CONTROL IN
SITE DEVELOPMENT PLAN. In
order to assure that the purpose
and the provisions of a formally -
adopted site development plan of
record shall be conformed to, the
uses within any site development
plan shall be limited exclusively
to such as are first permitted in
the zone to which the land within
such site development is classified,
or reclassified, unless otherwise
stipulated in the plan itself.
Section 1409: MINOR ADJUST-
MENTS IN SITE DEVELOP-
MENT PLANS. In issuing build-
ing permits in connection with a
site development plan the Build-
ing Department may make minor
adjustments involving the location
or dimensions of buildings, pro-
vided such adjustments shall not
increase the total amount of floor
space authorized in the site de-
velopment plan, nor decrease the
amount of parking or loading fa-
cilities nor permit buildings to
locate closer to any property
boundary line which is a common
property line with "R" classified
property, nor change any points
of ingress and egress to the site.
Section 1410: USES IN "C" OR
"M" CATEGORIES SHALL NOT
BE OBJECTIONABLE. Any uses
first permitted in classifications
contained in the "C" and "M"
categories shall not be objection-
able by reason of noise, mud,
steam, vibration, hazard or other
causes, and any use the operation
of which produces excessive odor,
fumes (toxic or non- toxic), gases,
airborne solids or other atmos-
pheric contaminants shall be al-
lowed to locate only when con-
forming to limitations now or
hereafter defined by law and
shall have secured a permit to
operate from the Air Pollution
Control District.
Section 1411: TEMPORARY
CONSTRUCTION BUILD-
INGS. Temporary structures for
the housing of tools and equip-
ment, or containing supervisory
1
offices in connection with major
construction projects may be es-
tablished and maintained during
the progress of such construction
on such projects, and shall be
abated within thirty (30) days
after the completion of the project,
or thirty (30) days after cessation
of work, whichever comes first. A
trailer may be used in similar
manner and under the same con-
ditions.
Section 1412: TEMPORARY
CONSTRUCTION SIGNS. Signs
identifying persons engaged in
construction on a site shall be
permitted as long as construction
is in progress, and shall be abated
within thirty (30) days after com-
pletion of the project or within
thirty (30) days after cessation
of work, whichever comes first,
provided that at any time the re-
moval is required for a public
purpose said signs shall be moved
at no expense to the City or other
public agency.
Section 1413: TEMPORARY
REAL ESTATE OFFICE. One
temporary real estate sales office
may be located on any new sub-
division in any zone, provided the
activities of such office shall per-
tain only to the selling of lots
within the subdivision upon which
the office is located. and provid-
ed further that if the subdivision
is in any "R" zone the temporary
real estate office shall be removed
at the end of a twelve (12) month
period measured from the date of
the recording of the map of the
subdivision upon which such office
is located, or within fifteen (15)
days after the sale of the last lot,
whichever occurs first.
Section 1414: TEMPORARY
REAL ESTATE SIGN. Two tem-
porary real estate signs or bill-
boards, not to exceed fifty (50)
square feet in area per face, or
one (1) sign or billboard not to
exceed an area of one hundred
(100) square feet of face may be
located on any new subdivision
in any zone, provided such signs
or billboards, if in an "R" zone,
shall be removed at the end of a
twelve - month period measured
from the date the final map of
the subdivision was approved by
the City, or within fifteen (15)
days after the sale of the last
lot, whichever occurs first.
Section 1415: PUBLIC UTILI-
TIES WITHOUT BUILDINGS.
The provisions of this ordinance
shall not be construed to limit or
interfere with the installation,
maintenance and operation of pub-
lic utility pipe lines and electric
or telephone transmission and dis-
tribution lines (but not including
buildings) or railroads (but not in-
cluding switching yards, round-
houses or shops) when located in
accordance with the applicable
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Ordinance 63 -112 Page 44
rules and regulations of the Public
Utilities Commission of the State
of California within rights -of -way,
easements, franchises or owner-
ships of such public utilities; nor
shall they restrict the right of a
public utility to increase the ca-
pacity of facilities necessary to
and used directly for the delivery
of or distribution of services, pro-
vided however that in any "R"
zone there shall be no enlarge-
ment of a substation site, and all
yard requirements of the zone in
which, the site is located shall be
maintained.
Section 1416: PUBLIC UTILI-
TIES WITH BUILDINGS. When
located in any "R" zone, substa-
tions of water works and utility
structures (including electric dis-
tribution substations) shall be en-
closed within a solid masonry
wall. Such wall shall observe the
front yard requirements of the
zone in which the property is lo-
cated. If such wall be located
other than on a property line, the
area between the wall and the
property line shall be landscaped.
If such utilities are housed within
a building, such building shall
conform to the height, yard and
open space .requirements applic-
able to residences in the zone.
Section 1417: LIMITED IN-
CREASE OF "C" ZONE DEPTH.
When a lot in a "C" zone is lo-
cated at a corner formed by in-
tersecting or intercepting streets,
and the lot has a depth of one
hundred (100) feet or less as
measured along the boundary of
the side street away from the cor-
ner toward "R" classified proper-
ties fronting upon such side street
and in the same block, then addi-
tional lots to the rear of the "C"
classified property may be utilized
to provide an extension of the "C"
use, provided the first lot so used
is contiguous to the "C" classified
property and the balance of the
property so used is in sequence
thereto. Such additional property
and the property classified for
"C" purposes shall not aggregate
a depth greater than one hundred
sixty (160) feet measured as in
this Section provided, and no en-
trance or driveway to a building
shall be established or used upon
the forty (40) feet farthest .re-
moved from the corner formed by
the intersecting and intercepting
streets.
ARTICLE 15
GEENERAL PROVISIONS, CON-
DITIONS AND EXCEPTIONS
HEIGHT, YARDS, AREA AND
OPEN SPACES
Section 1500: FOREGOING
REGULATIONS SUBJECT T 0
THIS ARTICLE. The foregoing
regulations pertaining to the sev-
eral classifications shall be sub-
ject to the general provisions, con-
ditions and exceptions contained
in this Article.
Section 1501: HEIGHT O F
BUILDINGS ON THROUGH
LOTS. On through lots one hun-
dred fifty (150) feet or less in
depth, the height of a building on
such lot shall be measured from
the sidewalk level of the street on
which the building fronts. On
through lots more. than one hun-
dred fifty (150) feet in depth, the
height regulations and basis of
height measurements for the street
permitting the greater height shall
apply to a depth of not more than
one hundred fifty (150) feet from
that street.
Section 1502: HEIGHT OF
PENTHOUSES AND ROOF
STRUCTURES. Penthouses or roof
structures for the housing of ele-
vators, stairways, tanks, ventilat-
ing fans or similar equipment re-
quired to operate and maintain the
building; fire or parapet walls,
skylights, towers, roof signs to
identify occupancies; flagpoles,
chimneys, smokestacks, water
tanks, wireless masts, television
antennas and similar structures;
church steeples and belfrys; may
be erected above the height limits
by this ordinance prescribed, but
no penthouse or roof structure, or
any other space above the height
limit prescribed for the zone in
which the building or structure is
located shall be allowed for the
purpose of providing floor space
other than that necessary to in-
stalling or servicing equipment of
the building. Structural features
required for technological pur-
poses in connection with special
purpose buildings such as com-
munication equipment buildings
may exceed the height limits by
not more than five (5) feet.
Section 1503: YARD AND OPEN
SPACE REGULATIONS. Except
as may be otherwise provided in
this Article, every required yard
and open space shall be open and
unobstructed from the ground to
the sky. No yarl or 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 build-
ing, and no yard or open space on
any lot or parcel shall be consid-
ered as providing a yard or open
space on an adjoining lot or parcel
whereon a building is to be erect-
ed. No front or side yard or re-
quired open space may be used
for storage of any kind except for
automobile parking facilities as
specifically provided in the sev-
eral classifications.
Section 1504: MODIFICATION
OR ADJUSTMENT OF SIDE
YARD REQUIREMENTS ON
CONSOLIDATED LOTS 0 R
OVERSIZE BUILDING SITES.
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Ordinance 63 -112
Page 45
When the common property line
separating two contiguous lots
is covered by a building, a portion
of a building, or a permitted
group of buildings, such lots shall
constitute a single building site
and the yard spaces required by
this ordinance shall then not apply
to such common property line.
Section 1505: YARD REQUIRE-
MENTS WHEN MORE THAN
ONE MAIN BUILDING EXISTS.
Where two or more buildings are,
by definition of this ordinance,
considered to be main buildings,
then the front yard requirements
shall apply only to the building
closest to the lot front line.
Section 1506: COMMISSION
MAY ESTABLISH FORMULA
FOR MODIFYING YARD RE-
QUIREMENTS. The Planning
Commission may, by formal ac-
tion, adopt a formula, or estab-
lish standard practices by which
to determine an appropriate and
practical modification of required
yard depths in all residential zones
where geometric shape, dimen-
sions or topography are such as
to make the literal application of
required yard depths or widths im-
practical. After the adoption of
such formula or standard prac-
tices they shall be applied as an
administrative act.
Section 1507: MODIFICATION
OF REQUIRED FRONT YARD
WHERE NONCONFORMITIES
EXIST.
(1) The depth of required
front yards on unimproved lots
may be modified when any of the
following circumstances apply:
(a) When the unimproved
lot is located between lots having
nonconforming front yards;
(b) when the unimproved
lot is located between a lot having
a nonconforming front yard and
a lot having a conforming front
yard;
(c) when the unimproved lot
is located between a lot having a
nonconforming front yard and a
vacant corner lot; and
(d) where a vacant corner
lot or reverse corner lot adjoins
a lot having a nonconforming
front yard.
(2) A nonconforming front
yard shall be deemed to be an area
between the lot front line and the
portion of the main building closest
to it, which area is less in depth
than that defined by this ordi-
nance as constituting a required
front yard. On a lot having a non-
conforming front yard the degree
of nonconformity to be credited in
making the adjustment shall in no
instance exceed sixty percent
(60%) of the front yard depth re-
quired on the nonconforming lot,
such percentage to be measured
from the rear line of the required
front yard on such lot toward the
1
lot front line.
(3) The rear line of the modi-
fied front yard on the unimproved
lot as referred to in this section
shall be established in the follow-
ing manner:
(a) When the unimproved
lot is located between two (2) lots
each having nonconforming front
yards a point shall be established
on each of such adjoining noncon-
forming lots at the intersection of
the line determining the depth of
the lot with a line coincident with
the front of the building causing
the nonconforming condition;
(b) when the unimproved lot
is located between a lot having a
nonconforming front yard and a
vacant lot or a lot having a con-
forming front yard, a point shall
be established on the nonconform-
ing lot as set forth in (a) above,
and on the vacant or conforming
lot, as the case may be, a point
shall be established at the inter-
section of the line determining the
depth of the lot with the rear line
of the required front yard;
(c) After the points of inter-
section have been established on
the lots on either side of the un-
improved lot, a straight line shall
be drawn from the point of inter-
section on the lot on one side of
the unimproved lot to the point of
intersection on the lot on the other
side of the unimproved lot, and
the depth of the modified front
yard on the unimproved lot shall
be established by the point where
the said straight line intersects
the line constituting the depth of
the unimproved lot.
(4) When an unimproved cor-
ner lot or reverse corner lot ad-
joins .a lot having a nonconform-
ing front yard, the front yard on
the corner lot or reverse corner
lot may be the same as that on
the adjoining nonconforming lot,
providing the placement of build-
ings on the corner or reverse cor-
ner lot does not interfere with the
required vision clearance at the
corner formed by the intersection
of the streets.
Section 1508: MEASUREMENT
OF YARD REQUIREMENTS FOR
PROPERTY ABUTTING HALF -
STREETS OR STREETS DESIG-
NATED BY A PRECISE PLAN,
OR ON PRIVATE STREETS. A
building or structure shall not be
erected or maintained on a lot
which abuts a street having only a
portion of its required width dedi-
cated and where no part of such
dedication would normally revert
to said lot if the street were va-
cated, unless the yards provided
and maintained in connection with
such building or structure have a
width or depth of that portion of
the lot needed to complete the road
width plus the width or depth of
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Ordinance 63 -112
Page 46
the yards required on the lot by
this ordinance, if any.
Where a precise plan adopted
pursuant to law includes plans for
the widening of existing streets,
the connecting of existing streets,
or the establishment of new streets,
the placement of buildings and the
maintenance of yards, where re-
quired by this ordinance, shall be
measured from the future street
boundaries as determined by said
precise plans.
Where property abuts upon a
private street, the depth of the re-
quired front yard shall be meas-
ured from the indicated abutting
side line of the private street, as
shown on an approved private
street map or as established by
easements of record.
..Section 1509: VISION CLEAR-
ANCE, CORNER AND REVERSE
CORNER LOTS. All corner lots
and reverse corner lots subject to
yard requirements shall maintain
for safety vision purposes a tri-
angular area one angle of which
shall be formed by the lot front
line and the side line separating
the lot from the street, and the
sides of such triangle forming the
corner angle shall each be fifteen
(15) feet in length measured from
the aforementioned angle. The
third side of said triangle shall be
a straight line connecting the last
two mentioned points which are
distant fifteen (15) feet from the
intersection of the lot front and
side lines, and within the area
comprising said triangle no tree
shall be allowed, nor any fence,
shrub or other physical obstruc-
tion higher than forty -two (42)
inches above the established street
grade shall be permitted.
The same requirement shall ap-
ply to all lots and sites in all "C"
and "M" zones, which lots and
sites are located at the intersec-
tion of major or secondary thor-
oughfares except that if the build-
ing on any such lot is to be two
(2) or more stories in height a
bearing column may be located in
the angle formed by the intersec-
tion of the two streets, provided
further that the width of such
bearing ' column in any direction
shall not exceed twenty -four (24)
inches.
Section 1510: PERMITTED IN-
TRUSIONS I N T 0 REQUIRED
YARDS. The following intrusions
may project into a required yard
under the following circumstances:
(1) Fireplace structures not
wider than eight (8) feet meas-
ured in the general direction of
the wall of which it is a part —
eighteen (18) inches;
(2) Uncovered porches and
platforms which do not extend
above the floor level of the first
floor may extend into a required
yard not more than two (2) feet,
and may extend into a required
front yard not more than six (6)
feet; such uncovered porches and
platforms may be enclosed with an
openwork balustrade or railing not
more than thirty (30) inches in
height measured from the upper
surface of the porch or platform.
(3) Planting boxes or masonry
planters not exceeding thirty -six
(36) inches in height may extend
into any required front yard. Such
height limitation does not apply to
plants contained in the planter
boxes except as set forth in Section
1509 of this Article.
(4) Eaves may intrude into a
required yard or open space not
more than eighteen (18) inches.
(5) Fences, hedges or guard
railings not more than thirty -six
(36) inches in height; shrubs,
plants, trees, mail boxes and orn-
amental lighting standards are
permitted in any required yard ex-
cept as set forth in Section 1509
of this Article.
Section 1511: LOCATION OF
SWIMMING POOLS. In any zone,
a swimming pool may not be locat-
ed in any required front yard, or
closer than five (5) feet to any
other exterior property line or to
any enclosed building on the same
premises except where the swim-
ming pool extends inside the ex-
terior walls of the main building
on the premises.
Section 1512: WALL OR FENCE
MAY BE MAINTAINEED. In any
"R" zone a wall, fence or hedge
is permitted under the following
conditions :
(1) A wall, fence or hedge not
more than forty -two (42) inches
in height may be located or main-
tained on any part of a lot.
(2) On interior lots a wall,
fence or hedge not exceeding six
(6) feet in height may be located
at any lot line to the rear of the
rear line of the required front
yard, provided where a lot rears
upon an alley any such wall, fence
or hedge along the lot rear line
shall contain a gate or opening
not less than three (3) feet in
width affording access to the al-
ley.
(3) On corner lots a fence,
wall or hedge not exceeding six
(6) feet in height may be located
anywhere on the lot to the rear of
the rear line of the required front
yard unless the lot rears upon an
alley, then for a distance of ten
(10) feet measured along the lot
rear line and the lot side street
side line from the point of inter-
section of such lines a wall, fence
or hedge may not exceed a height
of forty -two (42) inches.
(4) On reverse corner lots a
wall, fence or hedge not exceeding
six (6) feet in height may be lo-
cated anywhere on the lotto the
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Ordinance 63 -112 Page 47
rear of the rear line of the re-
quired front yard except that in
the triangular area of the required
side yard on the side street side
at the rear of such reverse corner
lot a fence, wall or hedge shall
not exceed forty -two (42) inches
in height.
(5) Where a retaining wall
protecting a cut below the nat-
ural grade is located on the line
separating Lots or parcels, such
reatining wall may be topped by
a fence, wall or hedge of the same
height that would otherwise be
permitted at the location if no
retaining wall existed, and the
top of the retaining wall shall be
considered the bottom of he fence.
(0) Where a retaining wall
contains a fill, the height of the
retaining wall built to retain the
fill shall be considered as con-
tributing to the permissible height
of a wall, fence or hedge, and
shall be measured from the ground
on the low side, provided that in
any event a protective fence not
more than thirty -six (36) inches
in height may be erected at the
top of the retaining wall, and
any portion of such fence above
the six (6) foot maximum height
shall be an open -work fence; an
open -work fence means a fence in
which the component solid por-
tions a.re evenly distributed and
constitutes not more than fifty
per cent (50 %) of the total sur-
face area of the face of the fence.
Where a fence or hedge is lo-
cated directly on the ground, the
height of the fence shall be the
verticle distance from the top
board, rail or wire to the ground
directly below the fence. Where
a masonry wall is used as a fence,
the height shall be the verticle
distance from the top surface of
the wall to the ground on the high
side of the wall.
Nothing in this ordinance per-
taining to the height of fences and
walls shall apply to a fence or
wall required by any law, regu-
lation or safety standard of the
State of California or agency
thereof, or to chain link fences
enclosing school grounds and pub-
lic playgrounds.
Sectioln 1513: REQUIRED IN-
CREASE OF SIDE YARD S
WHERE MULTIPLE OR ROW
DWELLINGS FRONT UPON A
SIDE YARD. The minimum width
of the side yard upon which mul-
tiple or row dwellings front shall
be not less than one and one -half
(13) times the side yard required
on the lot, and if a greater side
yard width is required to compen-
sate for the greater height of
buildings, such greater required
side yard width shall be the width
of the side yard upon which mul-
tiple or row dwellings front. This
requirement exists whether or not
the entrances are recessed or open
into a court. Open, unenclosed
perches not extending above the
ground floor level of the first
floor may project into the side
yard upon which such dwellings
front a distance of not more than
two (2) feet.
Section 1514: REQUIRED IN-
CREASE OF SIDE YARD
WHERE MULTIPLE OR ROW
DWELLINGS REAR UPON A
SIDE YARD. Where multiple or
row dwellings are arranged so
that the rear of such dwellings
abut upon a side yard, and such
dwellings have doors opening onto
such side yard used as a secon-
dary means of access to such
dwellings, the required side yard
to the rear of such dwellings shall
be increased by six (6 inches for
each opening onto such side yard,
provided such enlarged side yard
need not exceed fifty per cent
(50 %) more than the side yard
width otherwise required. Where
a greater side yard width is re-
quired to compensate for addi-
tional height of buildings, such
greater required side yard shall be
the width of the side yard upon
which such multiple or row dwell-
ings rear. In either case, open un-
enclosed porches not extending
above the floor level of the first
floor may project into the side
yard not more than two (2) feet.
Section 1515: IMPROVEMENT
ON THROUGH LOTS. Where a
through lot is improved as one (1)
building site, the main building or
buildings shall conform to the re-
quirements of the classification of
the frontage occupied by such
main building or buildings. and
no accessory building or buildings
or structures shall be located
closer to either street than the
distance constituting the required
front yard on such street. Through
lots two hundred (200) feet or
more in depth may be improved
as two (2) separate lots. with the
dividing line midway between the
street frontages, provided the area
of each such one -half (A) lot
meets the lot area requirement of
the zone in which such property
is located, and all buildings and
structures on each such one -half
(1/2) lot shall be subject to the con-
trols applying to the street upon
which such one -half (1 /) lot
faces.
Section 1516: LOT AREA NOT
TO BE REDUCED. The area of
any lot or site shall not be so re-
duced or diminished that the area,
yards or other open spaces shall
be less than prescribed by this or-
dinance for the zone in which the
property is located, nor shall the
number of dwelling units be in-
creased in any manner except in
conformity with the regulations
established by this ordinance.
350
Ordinance 63 -112 Page 48
Section 1517: ADJUSTMENT IN
LOT WIDTH BECAUSE OF
SHAPE OR DEPTH. When, be-
cause of geometric shape or ex-
cess depth, a lot or parcel of land
could qualify for a lot split ex-
cept that the required minimum
width of the resulting lot or lots
could not practically be provided
as required by the zone in which
the property is located, access
may be provided by an extension
of the lct, such extension having
less than the prescribed minimum
lot width fronting upon a public
thoroughfare. The lot of which
the extension is a part shall be
considered as conforming to the
required lot width, provided the
width of the main portion of the
lot shall not be less than the re-
quired minimum lot width. In no
case. however, shall the width
of such lot extension be less than
twenty (29) feet, unless two (2)
such extensions are adjacent, in
which case the width of each ex-
tension may be not less than fif-
teen (15) feet.
Section 1518: GREATER YARDS
AND OPEN SPACES NOT TO
BE DECREASED. When a build-
ing site exceeds the minimum
area prescribed for a lot in the
zone in which such building site
is located, and the development of
such site is to incorporate addi-
tional height of buildings, addi-
tional dwelling units, additional
floor space, or modified yards or
open spaces as provided for in this
ordinance, the requirement for
such increases shall be specifically
defined by the adoption of a site
development plan in the manner
prescribed by this ordinance. It
shall be unlawful to reduce the
area of the building site, or to
decrease the dimensions of the re-
quired yards and open spaces com-
mitted to the 'improvements there-
on.
Section 1519: GREATER LOT
OR SITE AREA MAY BE RE-
QUIRED. Lot or site areas great-
er than the minimum established
by this ordinance may be required
when such greater areas are estab-
lished by the adoption of a site
development plan in the manner
prescribed by law, designating the
location and size of such greater
required areas.
Section 1520: SUBSTANDARD
LOTS. When a lot or parcel has
less than the minimum required
area or width as established by
the zone in which such lot or par-
cel is located, or in a site de-
velopment plan, and such lot or
parcel was of record on the effec-
tive date of this ordinance, and
if dwelling units are a permitted
use, there may be one (1) dwelling
unit located on the lot for each
unit of required minimum lot area
1
per dwelling unit contained there-
in as permitted or required by
the zone in which the property is
located, provided all yard and
open space requirements of the
zone are conformed to. In no in-
stance shall this provision pre-
vent the erection of a single -fam-
ily dwelling on any substandard
lot when such use is permitted in
the zone.
Section 1521: CONSOLIDATED
SUBSTANDARD AREA LOTS IN
"R" ZONES MAY NOT BE RE-
DIVIDED. In any "R" zone
where lots substandard in area
or width, or both, have been com-
bined to constitute a single build-
ing site by having erected there-
on a dwelling at least a portion
of which has extended across the
common boundary line or lines be-
twee,i such lots, such action shall
have constituted such lots as one
(1) building site and thereafter the
building site may not be divided
so as to again create a parcel or
parcels containing less than the
minimum lot area or width pre-
scribed by this ordinance for the
zone in which the property is lo-
cated. If such consolidated site can
be divided into parcels containing
the minimum area and width pre-
scribed by this ordinance, such di-
vision shall be accomplished by
means of a minor subdivision in
the manner prescribed in the sub-
division ordinance. If, after the
effective date of this ordinance,
two (2) adjacent lots are com-
bined to create a single building
site such lots shall be made sub-
ject to the filing of a one -lot sub-
division, and recorded as any
other subdivision before any build-
ing permit may be issued for any
building or buildings to be erect-
ed thereon.
Section 1522: USE OF LOTS OR
PARCELS CONTAINING MORE
THAN MINIMUM REQUIRED
LOT AREA. When a lot contains
two or more times the minimum
lot area required for the zone in
which the property is located, and
the owner desires to use each unit
of area equivalent to the minimum
lot area as a separate building
site, provided not more than four
(4) such units result, and no dedi-
cation of streets, alleys or other
public ways, or public easements,
are involved, such area units may
be so utilized by resorting to the
minor land subdivision procedures
as prescribed in the subdivision
ordinance. Each resulting unit
shall have frontage upon a dedi-
cated public thoroughfare, or have
access to a public thoroughfare
over an easement authorized by
the City as to location and dimen-
sions. The area of an approved
easement shall not be included in
computing the area of the parcels
served thereby. When such units
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Ordinance 63 -112
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have been thus defined, then all
of the provisions of this ordinance
governing the use of a lot in the
zone in which such property is lo-
cated shall apply thereto.
ARTICLE 16
GENERAL PROVISIONS, CON-
DITIONS AND EXCEPTIONS
LOADING AREA REEQUIRE-
MENTS
OFF- STREET PARKING RE-
QUIREMENTS
Section 1600: FOREGOING
REGULATIONS SUBJECT TO
THIS ARTICLE. The foregoing
regulations pertaining to the sev-
eral classifications shall be sub-
ject to the provisions, require-
ment, conditions and exceptions
contained in this Article and Ordi-
nance No.
Section 1601: REQUIRED
LOADING AREAS. In any "C"
and "M" zone, and for any insti-
tutional use in whatever zone it
may be located, every building or
portion of building hereafter erect-
ed or structurally altered to pro-
vide additional floor area shall
he provided with a minimum of
one (1) off - street or off -alley load-
ing space for each twelve thousand
(12,000) square feet of floor area
or fraction thereof within the
building, which floor area is in-
tended to be used for, or is used
for, merchandising, manufactur-
ing, warehousing or processing
purposes, or institutional purposes.
If the building contains more than
twenty -four thousand (24,000)
square feet of floor area so used,
then there shall be one (1) addi-
tional loading space provided for
each additional twenty -four (24,-
000) thousand square feet of floor
area. In no case shall less than
one (1) loading space be provided.
Each loading space shall measure
not less than thirty (30) feet by
twenty (20) feet, with an unob-
structed height of fourteen feet
six inches (14' -6 "), and shall be
made permanently available for
such purpose, and shall be sur-
faced, improved and maintained
as required by Ordinance No. —.
Such facilities shall be so located
that trucks using same shall not
encroach upon or interfere with
areas reserved for off- street park-
ing nor project into any public
right -of -way, and shall be adja-
cent to the building to be served
thereby. If the site upon which
such loading space or spaces is
to be located abuts upon an al-
ley, such loading spaces shall be
off - alley. Any floor area provided
by additions to or structural alter-
ations to a building shall be pro-
vided with loading spaces as set
forth herein whether or not load-
ing spaces have been provided for
the original floor area.
In the case of schools, whether
Elementary, Junior High, High
School, University or college, and
whether public or private, on -site
facilities for loading and unloading
of passengers ,and students shall be
provided in addition to other re-
quired loading and unloading fa-
cilities, if any.
Section 1602: REQUIRED OFF -
STREET PARKING. Every build-
ing hereafter erected shall be pro-
vided with parking spaces as re-
quired in this Article, and such
parking space shall be made per-
manently available and be perma-
nently maintained for parking
purposes and, except for parking
areas used for playground pur-
poses in connection with schools
and churches, shall be used only
for the parking of automobiles or
trucks. Any areas used to provide
required off- street parking shall
be of such size and shape and so
designed that the area will accom-
modate the number of cars re-
quired to he provided for. Where
structural alterations or additions
to a budilding provide additional
floor area, or additional seats or
additional beds, as the case may
be, the parking requirements shall
apply to the additional floor area,
seats or beds, as the case may be,
whether or not adequate parking
spaces existed prior to the altera-
tion or addition.
Section 1603: _.PARKIN G
SPACES REQUIRED. The amount
of off- street parking required shall
be no less than as set forth in
the following. When an estab-
lishment such as a bowling cen-
ter, incorporates several types of
uses such as a restaurant, billiard
rooms, cocktail lounges or bars,
etc., the parking requirements for
such a composite establishment
shall be the total of the require-
ments for each use computed sep-
arately. The following require-
ments do not include employee
parking unless specifically set
forth:
(1) For any use locating in
a C -C zone, parking facilities shall
be provided on the basis of three
(3) square feet of parking area
to one (1) square foot of total
floor area within all buildings to
be served thereby:
(2) for any use locating in the
C -2 and the C -M zones parking
facilities shall be provided on the
basis of two (2) square feet of
parking area to one (1) square
foot of total floor area within all
buildings to be served thereby;
(3) for any use locating in an
M -1 zone and an M -2 zone, parking
facilities shall be provided on the
basis of one and one -half (11O
square feet of parking area to
one (1) square foot of total floor
area within all buildings to be
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Ordinance 63 -112
Page 50
served thereby, or on the basis of
one (1) parking space for each
two (2) employees on the maxi-
mum working shift, whichever re-
sults in the most parking spaces.
(4) The following uses, where -
ever located, shall provide off -
street parking facilities as follows:
USE
(a) Bowling centers
(b) Churches
(c) Communications Equip-
ment Building
(d) Dwellings
Single - family
Two - family and multi-
ple
(e) Restaurants and cocktail
lounges and bars _
(f) Establishments se r v -
sing hamburgers, tacos,
daughnuts, and similar
products, and ice creams
and similar frozen pro-
ducts, all for consumption
on or off the premises .._
(g) Hotels
(h) Hospitals _._...... _.._......
- --_--•
(1) Libraries and Library Sta-
tions, when located on
publicly -owned sites - - - -
(j) Lodging a n d boarding
houses
(k) Mortuaries ..._.._...... _ ......
_.._
(1) Motels
(m) Rest homes, boarding
homes and homes for the
aged ...-
PARI {ING SPACES REQUIRED
5 parking spaces per lane
1 parking space for each four (4)
seats in the principal place of as-
sembly for worship, including bal-
conies and choir loft. Where fixed
seats consist of pews or benches,
the seating capacity shall be com-
puted upon not less than twenty -
two (22) lineal inches of pew or
bench Length per seat. If there be
no fixed seats, then one (1) park-
ing space for each forty (40)
square feet of gross floor area in
such principal place of assembly or
worship shall be provided.
1 parking space for each two (2)
employees on maximum working
shift.
Two (2) parking spaces
Two (2) parking spaces per dwell-
ing unit.
One (1) parking space for each one
hundred (100) square feet of gross
floor area up to four thousand
(4,000) square feet, and one (1)
parking space for each fifty (50)
square feet of gross floor area of
four thousand (4,000) square feet
or over.
One (1) parking space for each one
hundred (100) square feet of gross
floor area up to four thousand
(4,000) square feet, and one (1)
parking space for each fifty (50)
square feet of gross floor of four
thousand (4,000) square feet or
over, but in no case shall less than
ten (10) spaces be provided .
One (1) parking space for each
bedroom.
Two (2) parking spaces for each
bed.
One (1) parking space for each
five hundred (500) square feet of
gross floor area.
One (1) parking space for each
guest room in addition to the re-
quirement for the dwelling unit.
One (1) parking space for each
forty (40) square feet of floor area
devoted to assembly purposes.
One (1) parking space for each
sleeping unit or dwelling unit.
One (1) parking space for each 4
beds.
353
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Ordinance 63 -112
Page 51
(n) Sanitariums, convalescent
homes and nursing homes
(o) Schools, Elementary and
Junior High Schools - _
(p) School, High _________
(q) Schools — Colleges and
Universities
(r) Stadiums, sports arenas,
auditoriums (including
school auditoriums) and
other places of assembly
(other than churches) and
clubs and lodges having
no sleeping quarters _
(s) Terminals
Freight ............... ___._.._
Passenger
(t) Theatres - ______ ....
One (1) parking space for each
bed.
One (1) parking space for each
employee and each faculty mem-
ber.
One (1) parking space for each
ten (10) students and one (1) park-
ing space for each employee and
each faculty member. Where pa-
rochial schools and churches are
on the same site, the required
church parking facilities shall be
considered as contributing to the
school parking requirements.
One (1) parking space for each ten
(10) students, and one (1) parking
space for each employee and fac-
ulty member.
One (1) parking space for each
five (5) fixed seats in all parking -
generating areas used simultane-
ously for assembly purposes.
Where fixed seats consist of pews
or benches the seating capacity
shall be computed upon not less
than twenty -two (22) lineal inches
of pews or bench length per sent.
If there be no fixed seats, there
shall be provided one (1) parking
space for each fifty (50) square
feet of gross floor area used for
assembly purposes.
One (1) parking space for each 400
square feet of gross floor area.
One (1) parking space for each 100
square feet of gross floor area in
the waiting room. Where both
freight and passenger facilities ex-
ist, the parking facilities shall be
computed for each separately.
One (1) parking space for each
five (5) seats.
The parking requirements for
a use not provided for in this Sec-
tion shall be determined in the
manner set forth in Section 1404
of this ordinance, and such de-
termination shall be based upon
the requirements for the most
comparable use specified therein.
Section 1604: GENERAL RE-
QUIREMENTS ON SIZE AND
LOCATION OF PARKIN G
SPACES.
(1) Size of parking ,spaces:
Each off- street parking space shall
have an area of not less than two
hundred (200) square feet exclu-
sive of drives and aisles, and a
width of not less than ten (10)
feet. Each such space shall be pro-
vided with adequate ingress and
egress and shall be improved and
maintained as required by. Ordi-
nane No.
1
(2) Location: Off- street park-
ing facilities shall be located as
hereinafter specified. Where a dis-
tance is specified, such distance
shall be the walking distance
measured from the nearest point
of the parking facilities to the
nearest point of the building that
such faculty is required to serve:
(a) For single - f a m i l y
dwellings and - two - family dwellings,
the parking facilities shall be in
a building enclosed on four (4)
sides, one side of which shall
have a door. The side of the build-
ing opposite the side containing
the door may also contain a door.
The parking facilities shall be lo-
cated on the same lot or building
site as the building they are re-
quired to serve;
(b) for multiple dwellings,
one parking space per dwelling
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Ordinance 63 -112
Page 52
unit shall be within a building en-
closed on three (3) sides. The sec-
ond required parking space per
dwelling unit need not be enclosed
within a building. Parking spaces,
whether enclosed or unenclosed,
shall be located on the same lot
or building site as the building
they are required to serve;
(c) for churches located in
an R -1, R -2 or R -3 zone, parking
facilities shall be located on site;
for churches located in any other
zone parking facilities shall be lo-
cated not farther than one hun-
dred fifty (150) feet and not in an
R -1 zone;
(d) for hospitals, sanita-
riums, rest homes, nursing homes,
boarding homes, homes for the
aged, asylums, orphanages, room-
ing houses, boarding houses, lodg-
ing houses and clubs, not more
than one hundred fifty (150) feet,
and not in an R -1 zone:
(e) for all other uses park-
ing shall be provided —
(1) on site, or
(2) within not to exceed
three hundred (300) feet, if locat-
ed in the same zone as the enter-
prise to be served, or
(3) on contiguous R -3 or
R -4 classified property as provided
in the R -3 and R -4 classifications;
(f) no motor vehicle or trail-
er of any kind may be parked or
stored in any required yard or
open space other than on a drive-
way on one side of the lot unless
otherwise specifically permitted by
this ordinance.
Section 1605: PLANNING COM-
MISSION MAY MODIFY PARK-
ING REQUIREMENTS. When two
or more enterprises operating sep-
arately and individually desire to
provide common parking facilities,
the Planning Commission, under
the variance procedures set forth
in this ordinance, may modify the
parking requirements for each in-
dividual enterprise not more than
fifteen per cent (15 %) when it is
found that the time cycle of peak
demand for parking for each enter-
prise is not coincident or substan-
tially overlapping, and provided the
common parking facilities shall be
located within three hundred (300)
feet of each participating en-
terprise. The Planning Commission
may, by the same procedures,
waive or modify the requirements
set forth herein establishing the
amount of required parking areas
for uses such as electrical power
generating plants, electric trans-
mission stations, communications
equipment buildings, utility stor-
age yards or other uses of a simi-
lar or like nature involving very
limited numbers of employees or
which do not require personnel in
daily attendance for operation and
maintenance.
Section 1606: EXISTING PARK-
ING AREA NOT TO BE RE-
DUCED. Any areas used to pro-
vide off- street parking spaces in
connection with any building,
structure or use existing on the
effective date of this ordinance
shall not be reduced or otherwise
used in a manner to reduce the
area to less than the requirements
of this ordinance unless an equiv-
alent area containing an equiva-
lent number of parking spaces is
provided and which area is located
as required by this Article.
Section 1607: REQUIRED IM-
PROVEMENT, SCREENING AND
MAINTENANCE OF PARKING
AREAS AND VEHICLE, BOAT
AND TRAILER SALES AREAS.
Every lot used as a public or pri-
vate parking area and having a
capacity of five (5) or more vehi-
cles, and vehicle sales areas, boat
sales areas, and trailer sales
areas, shall be developed, im-
proved and maintained as required
by Ordinance No.
Section 1608: PLANS RE-
QUIRED. Prior to the issuing of a
building permit for any new build-
ing or structure, or for the en-
largement of the floor area of an
existing building or structure the
use of either of which requires off -
street parking facilities to be pro-
vided as set forth in this ord-
inance, or if a parking area is to
be commonly used, a plan for the
parking area clearly indicating the
number of parking spaces being
provided and the proposed develop-
ment of such area, including the
location of the spaces, the size,
shape, design, relationship to
buildings to be served, curb cuts,
lighting, landscaping and other
features and appurtenances of the
proposed parking facility, shall be
approved by the City Engineer.
Section 1600: COMPRE-
SIVE PLANNED FACILITIES.
Areas may be exempted from the
parking requirements as otherwise
established in this Article, pro-
vided:
(1) Such area shall be accu-
rately defined as a District by the
Planning Commission after pro-
cessing In the same manner re-
quired for an amendment to this
ordinance;
(2) no such District may be es-
tablished and exempted from the
provisions of Section 1603 of this
ordinance unless sixty per cent
(60 %) or more of all record lots
comprising such proposed District
are classified for uses first per-
mitted in a "C" or "M" zone;
(3) such exemptions shall ap-
ply only to uses first permitted in
a "C" or "M" zone; and
(4) before such defined District
shall be exempt as provided in this
Section, active proceedings under
any applicable legislative authority
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Ordinance 63 -112
Page 53
shall be instituted to assure that
the exempted area shall be pro-
vided with comprehensive parking
facilities which will reasonably
serve the entire District.
ARTICLE 17
GENERAL PROVISIONS, CON-
DITIONS AND EXCEPTIONS
NONCONFORMING BUILDINGS
AND USES
Section 1700: FOREGOING REG-
ULATIONS SUBJECT TO THIS
ARTICLE. The foregoing regula-
tions pertaining to the several
classifications shall be subject to
the general provisions, conditions,
execptions and requirements con-
tained in this Article.
Section 1701: PROVISIONS OF
THIS ARTICLE TO APPLY TO
NONCONFORMING USES AND
BUILDINGS RESULTING FROM
CLASSIFICATION, RECLASSI-
FICATION, VARIANCES AND
CONDITIONAL USE PERMITS.
The provisions of this Article shall
apply to buildings, structures, land
and uses which become noncon-
forming as a result of the applica-
tion of this ordinance to them, or
from the classification or reclassi-
fication of the property or use
under this ordinance or any subse-
quent amendments thereto. If a
use originally authorized by a va-
riance or conditional use permit or
use and occupancy permit prior to
the effective date of this ordinance
is located within a zone in which
such use is not permitted by the
terms of this ordinance, such use
shall acquire a nonconforming
status. Nothing in this Article
shall be construed to extend any
variance, conditional use permit or
use and occupancy permit which
has been granted subject to a time
limit.
Section 1702: UPON AD A T E-
MENT OF, OR DESTRUCTION
OF, NONCONFORMING BUILD-
INGS, FUTURE BUILDINGS
AND USES SHALL CONFORM. If
any nonconforming building is de-
stroyed, or is abated, every fu-
ture use of the land on which the
building was located shall con-
form to the provisions of this
ordinance.
Section 1 7 0 3: RECONSTRUC-
TION OF BUILDING PARTIA
LY DESTROYED OR DAMAGED.
A nonconforming building dam-
aged or partially destroyed to the
extent of not more than fifty per
cent (50 %) of its appraised value
at the time of its destruction by
fire, explosion, flood or other cas-
ualty or Act of God or the public
enemy may be restored and the
occupancy or use of such building
or part thereof which existed at
the time of such partial destruc-
tion or damage may be continued
subject to all other provisions of
this Article, but the restoring' of
any such nonconforming building
shall not serve to extend the
abatement date of the original
building.
When a building which is de-
stroyed represents a component
part of a nonconforming establish-
ment consisting of several de-
tached buildings some of which
buildings remain undamaged and
intact but are valueless and in-
operable without the building or
buildings destroyed, and such de-
stroyed building or structure rep-
resents not more than fifty per
cent (50 %) of the total noncon-
forming establishment, such de-
stroyed building or buildings may
be replaced when processed as a
variance under the procedures es-
tablished in this ordinance, pro-
vided the restoring of any such
building, buildings or structures
shall not serve to extend the
abatement date of the building,
structure or use being replaced.
In determining the appraised value
of the damaged building the Plan-
ning Commission shall receive,
consider and evaluate any evidence
such as would be admissible in
eminent domain proceedings before
a court of competent jurisdiction.
Section 1704: NONCONFORM-
ING BUILDINGS, STRUCTURAL
ALTERATION OR ENLARGE-
MENT OF. Unless otherwise spe-
cifically provided in this ordi-
nance, nonconforming buildings
may not be enlarged or structural-
ly altered unless an enlargement
or structural alteration makes the
building more conforming, or is re-
quired by law, except:
(1) Where a building or build-
ings and customary accessory
buildings are nonconforming only
byreason of substandard yards or
open spaces, or where in an R -2,
R -3 and R -4 zone more than one
(1) detached, single - family dwell-
ing unit exists on a lot on the ef-
fective date of this ordinance, the
provisions of this ordinance pro-
hibiting structural alterations or
enlargements shall not apply, pro-
vided any structural alterations or
enlargements of an existing build-
ing under such circumstances shall
not increase the degree of noncon-
formity of yards and open spaces,
and any enlargements shall ob-
serve the yards and open spaces
required on the lot.
(2) Structural alterations or
enlargements may be permitted if
necessary to adapt a nonconform-
ing building or buildings to new
technologies or equipment pertain-
ing to the uses housed in such
building or buildings. Such altera-
tions and enlargements, however,
shall be authorized only by a va-
rience processed in the manner
prescribed by this ordinance. Any
structural alterations or enlarge-
ments thus audthorized shall be
subject to the conditions that such
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Ordinance 63 -112
Page 54
alterations or enlargements or
equipment installations shall not
extend the period of abatement of
the building and use.
(3) Normal unkeep, repairing
and maintenance of nonconforming
buildings is permitted, provided
such activities shall not be con-
sidered as extending the life of
the building or buildings or the
time of required abatement when
established under the procedures
set forth in this ordinance.
Section 1705: CONTINUATION
OF NONCONFORMING USE OF
A NONCONFRMING BUILDING.
The nonconforming use of a non-
conforming building may be con-
tinued, and may be expanded or
extended throughout such building
so long as such nonconforming
building remains nonconforming,
provided other regulations of the
City do not prohibit such expan-
sion, and provided further no
structural alterations or additions
are made except those that may
be required by law or which are
herein specifically permitted. A
nonconforming use of a noncon-
forming building may be changed
to another use of the same or more
conforming classification, but if
the change is to a more conform-
ing use the building cannot there-
after be used by or for a less re-
stricted use, Outside activities or
uses in connection with the non-
conforming use of a nonconform-
ing building shall not be expand-
ed on the same or adjoining prop-
erty. The permission to continue
the nonconforming use of a non-
conforming building shall not ap-
ply where the building is noncon-
forming only by reason of sub-
standard yards and open spaces.
Section 1706: NONCONFORM-
ING USE LIMITS OTHER USES.
While a nonconforming use exists
on any lot, no additional use may
be established thereon, even
though such additional use would
be a conforming one, unless —
(1) the use is a nonconforming
use of a conforming building and
such use has had an abatement
date established by resolution of
the Planning Commission; or
(2) the nonconforming use is
a residential building in an "M"
zone, and an abatement date has
been established for such use by
resolution of the Planning Com-
mission; in such a case any con-
forming building shall be so placed
as to retain contiguous to the non-
conforming residential building the
side yards and open spaces be-
tween buildings as required by the
R -4 classification, and such yards
and open spaces shall be subject
to the same limitations of use set
forth in the R -4 classification, and
access to the residential building
shall be from a street.
Section 1707: ABATEMENT OF
NONCONFORMING USE OF
LAND WHERE NO BUILDING
OR STRUCTURE IS INVOLVED.
In any zone, the nonconforming
use of land where no building or
structure is involved and which
use existed on the effective date
of this ordinance shall be abated
within one (1) year from the date
of formal notice to the owner from
the Planning Commission, or with-
in two (2) years from the date this
ordinance becomes applicable to it,
whichever first occurs, and any
future use of such land shall con-
form to the provisions of this ordi-
nance, and during such period the
nonconforming use shall not in any
way be expanded or extended
either on the same or adjoining
property. If, during this period,
a nonconforming use is discon-
tinued for three (3) months or
more, any future use of the land
shall conform to the provisions of
this ordinance.
Section 1708: ABATEMENT OF
USES IN THE OPEN WHERE
ACCESSORY BUILDINGS AND
STRUCTURES ARE INVOLVED.
Where a nonconforming use has
buildings or structures accessory
to the main open -air use, but no
main building as defined by this
ordinance, such nonconforming use
shall be discontinued and such
accessory buildings and structures
shall be abated at such time as
the buildings or structures are
required to be removed according
to the schedule and procedure set
forth in this Article. Trailer parks,
trailer courts, trailer camps and
mobile home parks are considered
to be in this category. In trailer
parks residential buildings and
community and recreational build-
ings are considered to be main
buildings; required service build-
ings are considered to be accessory
buildings.
Section 1709: ABATEMENT OF
NONCONFORMING STRUC-
TURES OTHER THAN BUILD-
INGS. Any nonconforming struc-
ture which is not a building and
which structure existed on the ef-
fective date of this ordinance,
shall be abated or made to con-
form within two (2) years from
the date of formal notice to the
owner from the Planning Commis-
sion, or within four (4) years from
the date this ordinance becomes
applicable to it, whichever date
first occurs.
Section 1710: REQUIRED
ABATEMENT OF NONCON-
FORMING USE OF CONFORM-
ING BUILDINGS.
(1) In "R" Zones: Every non-
conforming use of a conforming
building in an "R" zone shall be
abated within three (3) years from
the date of formal notice to the
owner from the Planning Com-
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mission, or not later than five (5)
years from the date the provisions
of this ordinance become applica-
ble to it, whichever first occurs,
(2) In "C" Zones: Every non-
conforming use of a conforming
building in a "C -2" or "C -M" zone
which use is first permitted in a
less restricted zone shall be abated
not later than five (5) years from
the date of formal notice to the
owner from the Planning Commis-
sion, or not later than ten (10)
years from the date this ordinance
becomes applicable to it, which-
ever first occurs.
(3) In "M" Zones: The non-
conforming use of a conforming
building in the M -1 and M -2 zones
shall be abated not later than five
(5) years from the date of formal
notice to the owner from the Plan-
ning Commission, or not later than
ten (10) years from the date the
provisions of this ordinance be-
come applicable to it, whichever
first occurs.
Section 1711: ABATEMENT OF
RABBITS, POULTRY, F 0 W L
(WILD OR DOMESTIC). The
keeping of rabbits, poultry or fowl
(wild or domestic) is not permit-
ted as a new use in any zone. The
keeping of rabbits, poultry or fowl,
where existing on the effective
date of this ordinance is declared
to be a nonconforming use, and
any building or structure in con-
nection therewith is considered to
be a nonconforming building or
structure and subject to the pro-
visions of Section 1715 of this
Article with reference to abate-
ment. The keeping of rabbits,
poultry or fowl, where such use
existed on the effective date of
this ordinance, may be continued
until the building or structures are
removed as required herein. Where
no building or structure is in-
volved, then the keeping of rab-
bits, poultry or fowl shall termi-
nate within two (2) years from
the date this ordinance becomes
applicable thereto.
Section 1712: REQUIRED CON-
FORMANCE OF EXISTING USES
REQUIRED TO BE IN AN EN-
TIRELY ENCLOSED BUILDING.
Where this ordinance requires a
use to be contained within an en-
tirely enclosed building as such
term is defined herein, and a use
existing on the effective date of
this ordinance is not in an entire-
ly enclosed building, the building
or structure containing such use
shall be made to conform to the
requirements of this ordinance
with respect to such enclosure
within a period of three (3) years
from the date of notification by
the Planning Commission. At
least ten (10) days prior to the
date of the meeting the Planning
Commission shall notify the own-
er or lessee of the subject prop-
erty, by registered mail return re-
ceipt requested, of the intent to
consider the matter at a public
meeting, and the date of such
meeting. The Planning Commis-
sion shall consider all pertinent
data in connection therewith and
provide the opportunity for the
owner, the lessee if there be one,
and the beneficiary under a deed
of trust, if there be one, to present
such evidence as propertly relates
to such case. The Planning Com-
mission shall establish the facts
upon which the determination is
made to require such property
owner to make the building con-
forming and shall, in writing,
formally notify the owner, the
lessee if there be one, and
the beneficiary under a deed
of trust if there be one, of its de-
cision and of the date by which
such building shall be made con-
forming, Such formal notification
shall be mailed by registered mail,
return receipt requested, to the
property owner, the lessee if there
be one, and the beneficiary under
a deed of trust if there be one, at
the addresses of record, not more
than ten (10) days following the
date of the public meeting at
which the matter was considered.
Section 1713: REQUIRED CON-
FORMANCE TO EXTERIOR IM-
PROVEMENTS. Where a use in a
"C" or "M" zone exists on the
date this ordinance becomes ef-
fective and such use is noncon-
forming only because it does not
meet the requirements of this ordi-
nance with reference to improve-
ment of outside areas used for
storage, parking or outside activi-
ties, or if the property on which
any use is located has a common
property line with "R" classified
property and no wall exists on
such property line as is required
by this ordinance, such use shall
be made to conform to the require-
ments of this ordinance with re-
spect to such features within a pe-
riod of two (2) years from the
date of notification by the Plan-
ning Commission. The procedures
to be followed in serving notice up-
on the property owner, the lessee
if there be such, and the benefi-
ciary under a deed of trust if there
be one, shall be the same as that
set forth elsewhere in this Article
for requiring uses to be enclosed
within a building.
Section 1714: REFERENCE TO
BUILDING CODE. The provisions
of this Article requiring buildings
to be abated are based upon the
requirements of the Building Code
pertaining to building materials,
design and construction of build-
ings to accommodate specific types
of uses such as residential, com-
mercial and industrial, and the
State Housing Act as it pertains
to residential buildings. The pro-
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Page 56
visions of this Article are not in-
tended to require abatement of
buildings by reason of structural
obsolescence or inadequacies or
failure to conform to the require-
ments of the Building Code.
Section 1715: REQUIRED
ABATEMENT OF NONCON-
FORMING BUILDINGS.
(1) In "R" Zones: Every non-
conforming building in any of the
"R" zones, except residential
buildings, churches, schools and
public utility facilities (but not ex-
cepting offices, administrative
buildings and service yards related
to public utility facilities) which
nonconforming building was de-
signed or intended for a use not
permitted in the "R" zone in
which it is located, shall be
abated within a period of
time based upon (1) the type
and construction of the building
involved as established by the
Building Code and as set forth in
this Article; sand (2) date and
method of acquiring ownership,
also as set forth in this Article. In
no case, however, shall this period
of time be less than five (5) years
from the date of notification by
the Planning Commission to the
property owner and lessee, if there
be one, and the beneficiary under
a deed of trust, if there be one.
(2) In "C" Zones:
(a) In the C -2 and C -M
zones residential structures, and
structures containing dwelling
units on the ground floor, exist-
ing on the effective date of this
ordinance shall be considered as
nonconforming buildings but, as
such, shall be subject only to those
provisions of this Article pertain-
ing to abatement which provide
that a nonconforming building re-
moved or destroyed shall not be
replaced by other than a conform-
ing building, that the nonconform-
ing building may not be enlarged
or expanded unless such enlarge-
ment or expansion makes the
building conforming, and that the
degree of nonconformity may not
be increased by changing to a less
restricted residential use.
(b) Every nonconforming
building in a C -2 zone which is
designed and constructed for a
use first permitted in an "M" zone
shall be abated within a period of
time based upon (1) the type and
construction of the building in-
volved as established by the Build-
ing Code and as set forth in this
Article; and (2) date and method
of acquiring ownership, also as set
forth in this Article. In no case,
however, shall this period of time
be less than five (5) years from
the date of notification by the
Planning Commission to the prop-
erty owner and lessee, if there be
one, and the beneficiary under a
deed of trust, if there be one.
(3) In "M" Zones:
(a) In the M -1 and M -2 zones
any building which is not designed
arranged or constructed for a use
first permitted in an "M" zone
shall be considered a nonconform-
ing building, and shall be abat-
ed within a period of time based
upon (1) the type and construction
of the building involved as estab-
lished by the Building Code and as
set forth in this Article; and (2)
date and method of acquiring own-
ership, also as set forth in this
Article. In no case, however, shall
this period of time be less than
five (5) years from the date of
notification by the Planning Com-
mission to the property owner or
lessee, if there be one, and the
beneficiary under a deed of trust,
if there be one.
(b) Nonconforming residen-
tial buildings in an "M" zone may
be structurally altered or enlarged,
provided:
(1) No violation of building
regulations are created thereby;
(2) such alterations or en-
largements shall not extend the
time of required removal as estab-
lished by the Planning Commis-
sion for the building to which such
enlargement or alterations have
been made;
(3) that such structural al-
terations or enlargements shall
conform to all requirements of this
ordinance for the R -4 zone; and
(4) there shall be no increase
in the number of dwelling units
which existed on the premises at
the time the use became noncon-
forming.
Section 1716: BASIS FOR DE-
TERMINING DATE BY WHICH
NONCONFORMING BUILDINGS
SHALL BE ABATED. The estab-
lishment of a specific date by
which a nonconforming building
shall be abated shall be based upon
two factors: (a) The type of and
construction of the building; and
(b) the date of construction or
the method of acquisition of the
property. The period of time in
which the cost of a building may
be reasonably amortized is based
upon the type and construction of
the building as defined by the
Building Code. Such periods of
time for the various types of build-
ings are as follows:
(1) Type I buildings_.__70 years
(2) Type II buildings__60 years
(3) Type III buildings,
one -hour 55 years
(4) Type III buildings,
non one -hour 50 years
(5) Type IV buildings,
one - hour.... 45 years
(6) Type IV buildings,
non one -hour 40 years
(7) Type V buildings,
one -hour (exclud-
ing Group J) 40 years
(8) Type V buildings,
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Page 57
non one -hour (ex-
cluding Group J)_.__40 years
(9) Type V buildings,
Group J, but not
limited to sheds
and garages ___ 3 years
The specific abatement date shall
be determined as follows :
(1) If the nonconforming build-
ing has remained in one ownership
between the date of construction
of the building and the date the
building becomes nonconforming,
then the date by which the build-
ing shall be abated shall be meas-
ured from the date of the con-
struction of the building.
(2) If the nonconforming build-
ing changed ownership through
transfer of title by means other
than inheritance or gift prior to
the date the building becomes non-
conforming, then the time by
which the building shall be abated
shall be measured from the date
of the Last transfer of titles; if
transfer of title occurred by means
of inheritance or gift, then the
time by which the building shall
be abated shall be measured from
the date of construction ; any
change in ownership subsequent
to the effective date of this ordi-
nance shall not serve to extend
the time by which removal shall
be required.
(3) If the nonconforming build-
ing and the land on which it is
located represents security for a
trust deed assumed prior to the
date the provisions of this ordi-
nance becomes applicable to such
land and buildings. then the date
by which the building shall be
abated shall be the date estab-
lished by either paragraphs (1) or
(2) of this Section, as the case
may be, or the due date of a
note secured by a trust deed, plus
five (5) years, whichever date oc-
curs last. If the encumbrance is
removed, the property shall be con-
sidered as clear, and the date of
abatement shall be reestablished
in the same manner as the abate-
ment date was established in the
first instance. If at any time dur-
ing the life of the trust deed a
foreclosure is involved, such for -
closure shall be deemed to consti-
tute a transfer of title and the
abatement date for such building
shall be measured from the date
of the foreclosure; any change in
ownership (other than by foreclo-
sure) subsequent to the effective
date of this ordinance shall not
serve to extend the time by which
removal or conformance shall be
required.
Section 1717: PLANNING COM-
MISSION TO DETERMINE CON-
DITIONS OF ABATEMENT.
When any nonconforming condi-
tion exists in any zone, other than
the nonconforming use of land
where no structure is involved, or
where buildings and structures are
accessory to the nonconforming
use, it shall be the responsibility
of the Planning Commission, on its
own initiative, to establish a date
by which a nonconforming build-
ing shall be abated and, at a pub-
lic meeting, provide the opportu-
nity for the owner of record, and
lessee if there be such, and bene-
ficiary under a deed of trust if
there be such, to present such evi-
dence as they may possess and
which properly relates to the case.
It shall formally notify the owner
of such property, the lessee if there
be one, and the beneficiary under
a deed of trust, if there be such,
by registered mail return receipt
requested, of the date, time and
place of the public meeting at
which the matter will be consid-
ered, and setting forth the infor-
mation which the property owner
shall provide. In determining the
date of abatement the Planning
Commission shall make findings of
fact concerning the following:
(1) The date upon which the
nonconforming building was es-
tablished :
(2) whether structural altera-
tions or enlargements have been
made, and to what extent;
(3) whether major equipment
has been designed into and made
a part of the building;
(4) whether a change in own-
ership has occurred by means of
transfer of title other than by in-
heritance or gift; or
(5) whether the property is
held as security for a trust deed
and, if so, the due date of such
trust deed.
On the basis of facts ascertained,
the Planning Commission shall de-
termine the date of abatement and
whether or not it is necessary to
establish a date for abatement la-
ter than that prescribed herein for
the building itself in order to as-
sure that the investment represent-
ed by structural alterations, en-
largements, equipment installations
or capitalization may be amor-
tized, and in its formal action
shall set forth such facts as bear
upon the case and upon which the
determination of the abatement
date was made.
Not later than ten (10) days
following the date of the public
meeting at which the matter was
considered, the Commission shall
formally notify the owner of such
property, the lessee if there be
one. and the beneficiary under a
deed of trust if there be such, by
mailing to each by registered mail
return receipt requested, a copy of
its findings and determinations.
Not more than ten (10) days from
the date of such notification an
appeal may be filed with the City
Council. Not more than ten (10)
days from the final date by which
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an appeal may be filed, or not
more than ten (10) days follow-
ing the date of the determination
by the City Council on an appeal,
if the Council's action on the ap-
peal results in establishing any
abatement date, the Planning Com-
mission shall cause the final de-
cision in the matter to be record-
ed with the County Recorder of
Los Angeles County and the prop-
erty to which the abatement date
applies shall be clearly identified
in such record.
Section 1718: PLANNING COM-
MISSION MAY EEXTEND TIME
OF ABATEMENT ON CERTAIN
USES. Upon the filing of an appli-
cation therefor, the Planning Com-
mission may extend the date by
which the abatement of a noncon-
forming use of land involving no
structures, or the nonconforming
use of a conforming building is re-
quired, but such extension may be
granted only once, and for not
more than one year.
Section 1719: APPEALS FROM
DECISIONS B Y PLANNING
COMMISSION. A determination by
the Planning Commission in es-
tablishing the date of abatement
for a nonconforming building or
use as provided in this Article,
may be appealed to the City Coun-
cil in the manner provided in Arti-
cle 18. The City Council shall be
subject to the same standards and
limitations as prescribed herein for
the Planning Commission.
Section 1720: PUBLIC UTILITY
EXEMPTIONS. The foregoing pro-
visions of this Article pertaining
to the required abatement of non-
conforming buildings and uses and
the permissible reconstruction of
nonconforming buildings not more
than fifty per cent (50%) destroyed
shall not apply to public utility
buildings and structures pertain-
ing directly to the rendering of
service or distribution, such as
power generating plants, electric
distribution and transmission sub-
stations a n d communications
equipment buildings; water wells
and pumps; gas storage and me-
tering and valve control stations.
Nothing in this Article shall be
construed or applied so as to pre-
vent the expansion, increase in
capacity, modernization or replace-
ment of such public utility build-
ings, structures, equipment and
features as are used directly for
the delivery of, or distribution of
the service, provided however, that
all yard requirements of the zone
in which the site is located shall
be maintained and there shall be
no enlargement of the site. The
provisions of this Section shall not
exempt buildings, structures or
uses which do not immediately re-
late to the direct service to con-
sumers, such as warehouses, stor-
age yards, service yards and the
like.
ARTICLE 18
VARIANCES, CONDITIONAL
USE PERMITS AND APPEALS
Section 1800: PLANNING COM-
MISSION MAY GRANT VARI-
ANCE. When practical difficulties,
unnecessary hardships or results
inconsistent with the general pur-
pose of this ordinance result
through the strict and literal in-
terpretation and enforcement of
the provisions hereof, the Plan -
nig Commission shall have the au-
thority, as an administrative act,
subject to the provisions of this
Article, to grant upon such con-
ditions as it may determine, such
variance from the provisions of
this ordinance as may be in har-
mony with its general purpose and
intent, so that the spirit of this
ordinance shall be observed, pub-
lic safety and welfare secured and
substantial justice done.
Section 1801: PURPOSE OF VA-
RIANCE. The sole purpose of any
variance shall be to prevent dis-
crimination, and no variance shall
be granted which would have the
effect of granting a special privi-
lege not shared by other property
in the same vicinity and zone,
provided a variance may be grant-
ed permitting the temporary estab-
lishment of uses necessary by
reason of public emergencies or
need, or to permit the permanent
establishment of a use essential
for necessary service to the pub-
lic if such use is found to be not
incompatible to the classes of use
permitted in the zone.
Section 1802: REQUIRED
SHOWINGS FOR VARIANCES.
Before any variance may be grant-
ed, all of the following showings
shall be made:
(1) That there are special cir-
cumstances applicable to subject
property such as shape, topogra-
phy, location or surroundings that
do not apply generally to the
other property or class of use in
the same vicinity and zone, or to
the intended use within the limita-
tions of the definition of a va-
rience;
(2) that such variance is nec-
essary for the preservation and
enjoyment of a substantial prop-
erty right or use possessed by
other property in the same vicinity
and zone but which, because of
special circumstances, is denied
to the property in question;
(3) that the granting of such
variance will not be materially det-
rimental to the public welfare or
injurious to the property or im-
provements in such vicinity and
zane in which the property is lo-
cated and
(4) that the granting of such
variance will not adversely affect
the comprehensive general plan.
The showings required in para-
graphs (1), (2) and (3) of this
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Section need not be made under
the following circumstances:
(a) When a variance is nec-
essary to grant authority to re-
place a destroyed nonconforming
building or structure which is a
component part of a nonconform-
ing establishment, as set forth in
Article 17; or
(b) when considering a mi-
nor land subdivision wherein, be-
cause of size and shape of the
parcel being subdivided, one or
more of the resulting lots cannot
conform in all respects to the re-
quirements of this ordinance in
matters of dimensions and front-
ages, a variance may be employed
to validate the resulting lots pro-
vided only that there shall be no
decrease in the minimum area per
lot as required by this ordinance.
Section 1803: PLANNING COM-
MISSION MAY IMPOSE CONDI-
TIONS ON VARIANCES. When
granting a variance the Planning
Commission shall determine that
the circumstances do exist as re-
quired by Section 1802 of this Arti-
cle, and may attach specific con-
ditions to the variance which will
serve to accomplish the standards,
criteria and policies established by
this ordinance.
Section 1804: PLANNING COM-
MISSION MAY GRANT CONDI-
TIONAL USE PERMITS. Upon
application therefor, the Planning
Commission may grant conditional
use permits for such uses as are
by this ordinance required to be
reviewed and allowed only upon
the granting of a conditional use
permit, and the Commission may
impose such conditions as will
serve to accomplish the standards,
criteria and policies established by
this ordinance. The Planning Com-
mission may refuse to issue a con-
ditional use permit if the charac-
teristics of the intended use as re-
lated to the specific proposed site
are such as would defeat the pur-
pose of this ordinance by intro-
ducing an incompatible or hazard-
ous condition.
Section 1805: PURPOSE OF A
CONDITIONAL USE PERMIT.
The purpose of a conditional use
permit shall be :
(1) To assure, by means of a
special degree of control, that the
compatibility made the purpose
of this ordinance shall be main-
tained with respect to the particu-
lar use on the particular site and
in consideration of other existing
and potential uses within the gen-
eral area in which such use is pro-
posed to be located;
(2) to recognize and impose
controls that will compensate for
variations and degree of techno-
logical processes and equipment as
related to the factors of noise,
smoke, dust, fumes, vibration,
odors, traffic hazard or public
need ; and
(3) to consider location and de-
sign of parking facilities, ingress
and egress facilities, and on -site
provisions for back -up storage of
cars waiting to enter traffic flow
on the street, as these factors re-
late to general safety and con-
venience of the public.
Before imposing conditions upon
any use requiring a conditional
use permit, if grantcl, the Plan-
ning Commission shall ascertain
' in its findings the characteristics
that may be present in exceptional
degree, and the conditions imposed
shall be only such as will reason-
ably assure that nuisance or haz-
ard to Life or property will not de-
velop, and which will assure that
such use shall not be inimical to
the public interest as established
by this ordinance. The Planning
Commission may not, in connection
with action on a conditional use
permit, reduce the requirements
specified in the zone in which the
use is to locate. If the location of
a particular use on a particular
site involves the reduction of re-
quirements as set forth in the
classification of the zone in which
the use is to be located, then any
such adjustment shall be accom-
plished through the medium of
a variance.
Section 1806: NOTICE A N D
HEARING ON APPLICATION
FOR VARIANCE OR CONDI-
TIONAL USE PERMIT. Upon the
filing of an application for a va-
riance or conditional use permit
by a property owner of record, or
a plaintiff in any proposed or
pending action in eminent domain
to acquire property affected, or by
a lessee with the written consent
of the owners, which application
sets forth fully the grounds for,
and the facts deemed to justify the
granting of a variance or condi-
tional use permit, the Planning
Commission shall give public no-
tice as provided in Article 20 of
the intention to consider at a
public hearing the granting of a
variance or a conditional use per-
mit.
Section 1807: PLANNING COM-
MISSION SHALL ANNOUNCE
FINDINGS AND DECISION BY
RESOLUTION. Not more than
thirty (30) days following the
determination of the proceedings of
the public hearing on a variance or
conditional use permit, the Plan-
ning Commission shall announce
its findings by formal resolution,
and said resolution shall recite,
among other things, the facts and
reasons which, in the opinion of
the Planning Commission, make
the granting or denial of the vari-
ance or conditional use permit
necessary to carry out the provi-
sions and general purpose of this
ordinance, and shall order that the
variance, or conditional use per-
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mit, be granted or denied, and if
such resolution orders that the va-
rience or conditional use permit
be granted, it shall also recite such
conditions and limitations as the
Planning Commission may impose.
Section 1808: NOTICE OF DECI-
SION OF THE PLANNING COM-
MISSION. Not later than five (5)
days following the dtte of the
meeting of the Planning Commis-
sion at which the minutes contain-
ing the resolution are approved a
COPY of the resolution shall be
mailed by registered mail, return
receipt requested, to the applicant
at the address shown on the appli-
cation filed with the Planning
Commission.
Section 1809: RESOLUTIONS OF
PLANNING COMMISSION AN-
NOUNCING FINDINGS A N D
ORDER SHALL BE NUMBERED
AND KEPT AS PERMANENT
RECORD. The formal resolution of
the Planning Commission announc-
ing its findings and order after
hearing on an application for a
variance or conditional use permit,
shall be numbered consecutively in
the order of their filing and shall
become a permanent record in the
files of the Planning Commission.
Section 1810: EFFECTIVE
DATE OF ORDER GRANTING
OR DENYING VARIANCE OR
CONDITIONAL USE PERMIT.
TIME FOR APPEAL. The order
of the Planning Commission in
granting or denying a variance or
conditional use permit shall be-
come final and effective ten (10)
days after the date of mailing
notification to applicant unless
with such ten (10) day period
an appeal to the Council in writing
is filed with the Secretary of the
Planning Commission by either an
applicant or an opponent. The fil-
ing of such an appeal within such
time limit shall stay the effective
date of the order of the Planning
Commission until such time as the
appeal has been acted upon as
hereafter set forth in this ordi-
nance. Such appeal shall be on an
appeal form provided by the Plan -
nig Commission.
Section 1811: NEW EVIDENCE
REQUIRES REHEARING. If an
appeal from an action by the
Planning Commission is offered
for filing and such appeal offers
or alleges that new evidence exists
which was not presented at the
hearing held by the Planning Com-
mission, such an appeal may not
be received by the Secretary of
the Planning Commission but, in its
stead, appellant shall, within ten
(10) days following the date of
mailing to the applicant of the no-
tification of the Planning Com-
mission's action, file an applica-
tion for a rehearing by the Plan-
ning Commission, and such appli-
cation for a rehearing shall set
1
forth all such new evidence and
other matters on which appellant
bases exception to the original
findings and decision by the Plan-
ning Commission, and the rehear-
ing by the Planning Commission
shall be given public notice and in
all respects conform to all provi-
sions governing public hearings be-
fore the Planning Commission. Up-
on the completion of such rehear-
ing the Planning Commission may
affirm, modify or rescind its previ-
ous decision, and such action shall
be final and effective five (5) days
following the date of the meeting
of the Panning Commission at
which the minutes containing the
resolution are approved unless an
appeal to the Council is filed.
Section 1812: FILING OF AP-
PEAL WITHIN TIME LIMITS
APPLICABLE TO REHEARING
IF FOUND NEEDED. If an appeal
is filed and accepted within the ten
(10) day time limit prescribed and
it is later revealed that new evi-
dence is involved, the appellant
may file an application for a re-
hearing in lieu of the appeal,
and the filing of such application
for a rehearing shall be considered
as having been filed within the
prescribed ten (10) day time limit.
Section 1813: APPEAL TO
COUNCIL AND TRANSMITTAL
OF RECORD. If an appeal is
made to the Council, the Secre-
tary of the Planning Commission
shall, within twenty (20) days
from the date of the filing of the
appeal, transmit the records in the
case and prepare and file with the
Council a report containing the
findings of the Planning Commis-
sion and the pertinent facts upon
which the findings and action of
the Planning Commission was
based.
Section 1814: COUNCIL TO RE-
VIEW APPEAL BASED ON REC-
ORD. At the next ensuing official
meeting of the Council following the
filing of the report of the Secre-
tary of the Planning Commission,
but not more than fourteen (14)
days thereafter, the Council shall
consider the appeal on the basis
of the record and decide the mat-
ter. The decision of the Council
shall be final.
Section 1815: COUNCIL TO AN-
NOUNCE FINDINGS AND DECI-
SION BY RESOLUTION. The
Council shall announce its findings
and decision by formal resolution
not more than twenty (20) days
following the termination of the
review, and said resolution shall
recite, among other things, the
facts and reasons which, in the
opinion of the Council, make the
granting or denial of the appeal
necessary to carry out the general
purpose of this ordinance, and
shall order that the variance or
conditional use permit which is
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the subject of the appeal be
granted or denied or modified sub-
ject to such conditions or limita-
tions that it may impose. Any ac-
tion by the Council which reverses
or modifies the decision of the
Planning Commission shall be by
the affirmative votes of a major-
ity of the members of the Council.
Section 1816: NOTICE OF DE-
CISION OF COUNCIL. Not later
than seven (7) days following the
adoption of a resolution ordering
that a variance or conditional use
permit which is the subject of the
appeal be granted, modified or de-
nied, a copy of said resolution
shall be mailed by registered mail,
return receipt requested, to the
applicant and to any other parties
requesting notice of the action, and
one (1) copy shall be attached to
the Planning Commission's file of
the case and said file returned
to the Planning Commission for
permanent filing.
Section 1817: ZONING REC-
ORD SHALL BE CORRECTED.
When a variance or condjitional
use permit is approved by the
Planning Commission, or if the de-
cision of the Planning Commis-
sion is appealed, then if the vari-
ance or conditional use permit is
approved by the Council, an ap-
propriate record shall be made and
the Secretary of the Planning
Commission shall inform the ad-
ministrative department having
jurisdiction over the matter in-
volved of the adjusted status of
the property. The affected prop-
erty shall be identified on the zon-
ing map by appropriate symbol
which shall refer to the type and
serial number of the case.
Section 1818: PLANNING COM-
MISSION SHALL HEAR AND
DECIDE APPEALS FROM AD-
MINISTRATIVE DECISIONS. The
Planning Commission shall have
the authority to hear and decide
appeals from any order, require-
ment, permit, decision or determi-
nation by an administrative offi-
cer in the administration or en-
forcement of this ordinance and
may, in conformity with this ordi-
nance, reverse or affirm, wholly
or in part, or may modify the
order, requirement, decision or de-
termination as should be made
and, to that end, shall have all
the powers of the officer from
whom the appeal is taken insofar
as the decision on the particular
issue is concerned, and in making
its determination the Planning
Commission may hear any perti-
nent facts bearing upon the case.
SECTION 1819: APPEALS FROM
ADMINISTRATIVE DECISIONS —
TIME LIMIT FOR FILING. Ap-
peals may be taken to the Plan-
ning Commission by any person
aggrieved, or by any officer, de-
partment, board or bureau of the
City affected by any decision of
an administrative officer in the
administration or enforcement of
this ordinance. Such appeals shall
be filed in writing in duplicate
with the Planning Commission
within ten (10) days after the
date of the action being appealed.
Section 1820: NOTICE OF TIME
AND PLACE OF HEARING ON
APPEAL FROM ADMINISTRA-
TIVE DECISION. Upon the filing
with the Planning Commission of
an appeal from an administrative
decision the matter shall be set
for consideration within not to ex-
ceed twenty -one (21) days. The
Secretary of the Planning Com-
mission shall, within not to ex-
ceed five (5) days from the filing
of an appeal from an administra-
tive decision, notify the offices
whose decision is being appealed or
the nature of the appeal and the
date that has been set to consider
the matter. The Secretary of the
Planning Commission shall also
notify the appellant of the date
on which the matter will be con-
sidered .The officer from whom
the appeal is being taken shall, be-
fore the date set for considering
the appeal, transmit to the Plan-
ning Commission all of the records
pertaining to the decision being ap-
pealed from, together with such
additional written report as he
deems pertinent.
Section 1821: PLANNING COM-
MISSION SHALL ANNOUNCE
FINDINGS AND DECISION BY
RESOLUTION. Not more than
twenty -one (21) days following the
decision on an appeal from an ad-
ministrative decision, the Planning
Commission shall announce its
findings by formal resolution, and
said resolution shall recite, among
other things, the facts and rea-
sons which, in the opinion of tin
Commission, justify a modificatioi.
of the order, or the approval or
denial of the appeal. The decision
of the Planning Commission shall
be final unless within ten (1()
days from the date of the action
by the Planning Commission an
appeal to the Council in writing is
filed with the City Clerk either
by the applicant or an opponent of
record. The filing of such an ap-
peal within such time limit shall
stay the effective date of the or-
der of the Planning Commission
until such time as the Council has
acted on the appeal in the same
manner as provided by this ordi-
nance for other appeals.
ARTICLE 19
AMENDMENTS, UNCLASSIFIED
USES AND SITE DEEVELOP --
MENT PLANS
Section 1900: ORDINANCE MAY
BE AMENDED. Whenever public
necessity, convenience and general
welfare require the boundaries of
the zones established by the ordi-
nance, the classification of prop-
erty uses therein or other provi-
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Page 62
sions of this ordinance may be
amended as follows:
(1) By amending the zoning
map
(2) By granting an unclassified
use permit
(3) By adoption of site devel-
opment plans
(4) By revising the text of the
ordinance
Section 1901: INITIATION OF
AMENDMENT. Amendments of
this ordinance and the map which
is a part hereof, may be initiated
by:
(1) The verified application of
one or more owners of property
which is proposed to be reclassi-
fied, or for which an unclassified
use permit or approval of a site
development plan is requested;
(2) by the adoption of a mo-
tion by the City Council requesting
the Planning Commission to set a
matter for hearing and recommen-
dation ; or
(3) by adoption of a motion
by the Planning Commission.
Section 1902: APPLICATION
FOR AMENDMENT OR SITE DE-
VELOPMENT PLAN OR UN-
CLASSIFIED USE PERM I T.
Whenever the owner of any land
or building desires an amendment,
supplement to, or change in the
regulations prescribed for his prop-
erty, or desires approval of a site
development plan or unclassified
use permit, he shall file with the
Planning Commission an applica-
tion therefor, verified by him.
Section 1903: COMMISSION TO
HOLD HEARING ON AMEND-
MENTS, SITE DEVELOPMENT
PLANS AND UNCLASSIFIED
USE PERMITS. Upon filing of a
verified application for an amend-
ment or for approval of a site de-
velopment plan or unclassified use
permit, or upon the adoption of
a motion by the City Council or
Planning Commission, the Plan-
ning Commission shall hold one (1)
public hearing there on as required
by the State Planning Law of the
State of California for the adop-
tion of, or amendments to, pre-
cise plans, and notice of such
hearing shall be given as provided
in Article 20 of this ordinance.
Section 1904: COMMISSION TO
ANNOUNCE FINDINGS. T h e
Planning Commission shall an-
nounce its findings by formal reso-
lution not more than forty (40)
days following the hearing, and
said resolution shall recite, among
other things, the facts and reasons
which, in the opinion of the Com-
mission, make the approval or de-
nial of the application for the
amendment, site development plan
or unclassified use permit neces-
sary to carry out the general pur-
pose of this ordinance, and shall
recommend to the City Council the
adoption of the amendment, site
develodpment plan or unclassified
use permit, or deny the applica-
tion.
Section 1905: NOTICE OF COM-
MISSION'S DECISION WHEN.
APPROVING. When the Commis-
sion's action is to recommend the
adoption of the amendment, the
approval of a site development
plan or an unclassified use permit,
the Commission shall within four-
teen (14) days following the date
of the meeting of the Planning
Commission at which the minutes
containing the resolution are ap-
proved, notify the applicant by
forwarding a copy of the resolu-
tion to the applicant by registered
mail, return receipt requested at
the address shown upon the ap-
plication, and shall forward to the
City Council a copy of said reso-
lution, together with the complete
file in the case.
Section 1906: NOTICE OF DE-
CISION OF COMMISSION WHEN
DENYING THE APPLICATION.
If the action of the Planning Com-
mission is to deny an application
for an amendment, a site develop-
ment plan or a request for an un-
classified use permit, the Com-
mission shall, within fourteen (14)
days from the date of adoption of
its resolution, notify the applicant
by forwarding by registered mail,
return receipt requested, a copy
of the resolution to the address
shown upon the application.
Section 1907: COMMISSION AC-
TION SHALL BE FINAL WHEN
DENYING APPLICATION. The
action of the Planning Commission
in denying an application for an
amendment, a request for an un-
classified use permit or a site de-
velopment plan, shall be final and
conclusive unless, within ten (10)
days following the date of notifi-
cation to the applicant an appeal
in writing is filed with the City
Clerk.
Section 1908: TRANSMISSION
OF COMMISSION'S RECORD TO
CITY COUNCIL. Upon receipt of
a written appeal filed with the
City Council by the applicant or
an opponent of record as provided
in this Article, the City Clerk shall
advise the Secretary of the Plan-
ning Commission who shall trans-
mit to said City Clerk the Plan-
ning Commission's complete rec-
ord of the case.
Section 1909: CITY COUNCIL
TO HOLD PUBLIC HEARING ON
COMMISSION'S RECOMMENDA-
TION ON AMENDMENTS, SITE
DEVELOPMENT PLANS AND
UNCLASSIFIED USE PERMITS
AND ON APPEALS. Within not
to exceed sixty (60) days follow-
ing receipt of the resolution from
the Planning Commission recom-
mending the adoption of the
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amendment, approval of a site de-
velopment plan or unclassified use
permit, or the filing of a written
appeal from an order of the Com-
mission denying an application for
an amendment or disapproving a
site development plan or unclassi-
fied use permit request, as pro-
vided in this Article, the City
Council shall conduct a duly ad-
vertised public hearing on the
matter, public notice of which
shall be given as provided in
Article 20.
Section 1910: ADVERSE DEC
CISION OF CITY COUNCIL TO
BE REFERRED TO PLANNING
COMMISSION. If the Council pro-
poses an action that is in any way
contrary to the recommendations
of the Planning Commission, the
Council shall, before final action
is taken, refer its findings to the
Planning Commission and request
a further report of the Planning
Commission on the matter. Fail-
ure of the Planning Commission to
report to the City Council within
forty (40) days after reference, or
such longer period as may be des-
ignated by the City Council, may
be deemed to be approval by the
Planning Commission of any pro-
posed change.
Section 1911: COUNCIL TO AN-
NOUNCE FINDINGS AND DECI-
SION BY RESOLUTION. The
Council shall announce its find-
ings and decision by formal reso-
lution not more than fourteen (14)
days following the termination of
proceedings of the hearing or from
receipt of a report from the Plan-
ning Commission when a matter
has been referred back to the
Planning Commission, and said
resolution shall recite, among
other things, the facts and reasons
which, in the opinion of the Coun-
cil, makes the approval or denial
of the application for the amend-
ment site development plan or un-
classified use permit, or appeal,
necessary to carry out the general
purpose of this ordinance.
Section 1912: DECISION OF
COUNCIL SHALL BE FINAL.
The action by the Council on the
application for an amendment, site
development plan, unclassified use
permit or an appeal, shall be by
a majority vote of the entire mem-
bership of the Council and shall
be final and conclusive.
Section 1913: NOTICE OF DE-
CISION OF COUNCIL. Not later
than seven (7) days following the .
adoption by the Council of a resolu-
tion approving or denying an
amendment to this ordinance, or
a site development plan or un-
classified use permit request, or
an appeal, one (1) copy of such
resolution shall be forwarded, by
registered mai return receipt re-
quested, to the applicant or appel-
lant, as the case may be, at the
address shown upon the applica-
tion or appeal, and one (1) copy
shall be attached to the file in the
case and the complete file re-
turned to the Planning Commis-
sion for permanent filing.
Section 1914: PROCEDURE FOR
ADOPTING SITE DE DEVELOP-
MENT PLANS. Where a change
of zone classification is involved
in considering a site development
plan, the adoption of the site de-
velopment plan shall constitute a
reclassification of the property in-
volved, and shall be adopted as
an amendment to the zoning map.
The details of the site develop-
ment plan shall supercede the gen-
eral requirements of the applicable
zone or zones involved insofar as
they apply to the particular site.
The new zone boundaries of the re-
classified area contained within
the site development plan shall be
indicated on the zoning map to-
gether with a numbered reference
to the site development plan, the
details of which site plan shall
govern the application of the zon-
ing provisions to such area.
If no reclassification is involved
in the consideration of a site de-
velopment plan, the adoption of
the site development shall be pro-
cessed as, and shall constitute an
amendment to the zoning map to
the extent of identifying the area
made the subject of the site devel-
opment plan, and the details of the
site development plan shall apply
to the property involved in the
site development plan in the same
manner as where a reclassification
is involved.
ARTICLE 20
PROCEDURES, HEARINGS, NO-
TICES AND FEES
Section 2000: COMMISSION
SHALL PRESCRIBE FORM OF
APPLICATION BLANKS AND
TYPE OF REQUIRED INFORMA-
TION. The Planning Commission
shall prescribe the form in which
applications are made for changes
in zone boundaries or classifica-
tion, site development plans, varI-
ances, conditional use permits and
unclassified use permits. It may
prepare and provide blanks for
such purposes and may prescribe
the type of information to be pro-
vided in the application by the ap-
plicant. No application shall be ac-
cepted unless it complies with
such requirements and the correct-
ness of information given is veri-
fied by the signature of the appli-
cant attesting thereto.
Section 2001: ACCEPTABILITY
OF SIGNATURES ON APPLICA-
TIONS. If signatures of persons
other than the owners of property
making the application are offered
in support of, or in opposition to,
an application, they may be .re-
ceived as evidence of knowledge
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of the pending application, or as
evidence of their opinion on the
pending issue at the time of the
signing of the petition, but they
shall in no case infringe upon the
free exercise of the powers vested
in the City of Temple City as rep-
resented by the Planning Commis-
sion and the Council.
Section 2002: APPLICATIONS A
PART OF PERMANENT REC-
ORD. Applications filed pursuant
to this ordinance shall be num-
bered consecutively in the order
of their filing, and shall become a
part of the permanent official rec-
ords of the Planning Commission,
and there shall be attached there-
to and permanently filed therewith
copies of all notices and actions,
with certificates and affidavits of
posting, mailing or publications
pertaining thereto.
Section 2003: FILING FEES.
The following fees shall be paid
upon the filing of an application,
and such fees shall not be re-
fundable:
(1) Change of Zone $125.00
plus $1.00 per lot, or
per acre if unsubdi-
vided.
(2) Si ne Development
$1
(3) Variance -------
(4) Conditional Use Per-
mit ------- -------------$125.00
(5) Rehearing on new
evidence $125.00
When both a change of zone and
a site development plan are in-
volved, only one (1) filing fee shall
be charged.
Section 2004: SETTING OF,
AND TIME OF, HEARINGS. All
proposals for amending zone
boundaries or classifications of
property uses within any zone, or
for considering the granting of
variances, conditional use permits,
site development plans and un-
classified use permits as provided
in this ordinance shall be set by
the Secretary of the Planning
Commission for public hearing
when such hearings are to be held
before the Planning Commission,
and by the City Clerk for hearings
to be held before the City Council.
The date of the hearings shall
be not less than ten (10) days nor
more than sixty (00) days from
the date of the filing of the veri-
fied application. or the adoption
of the resolution or the making
of the motion.
Section 2005: NOTICES. Notice
of time and place and date of pub-
lic hearings shall be given in the
following manner:
(1) Notice of any public hear-
ing upon a proposed amendment
to this ordinance or to the map
which is a part of this ordinance
shall be given by at least one (1)
publication in a newspaper of gen-
eral circulation in the City of Tem-
ple City not less than ten (10)
days before the date of said public
hearing;
(2) Notice of any public hear-
ing on a variance, a site develop-
ment plan, a conditional use per-
mit or an unclassified use permit
shall be given by mail, with post-
age prepaid, to the owner or own-
ers of the property within not less
than a three hundred (300) foot
radius of the exterior boundaries
of subject property using addresses
given on the latest adopted assess-
ment rolls in the City Hall. Such
writttn notice shall be mailed not
less than ten (10) days prior to
the date of such hearing.
(3) A written notice shall be
sent to the owner or owners of
subject property and to the appli-
cant if he be a person other than
the owner of the property, not
less than ten (10) clays prior to
the date of the hearing on any
type of application except an
amendment to the text of this ordi-
nance.
Section 2000: REQUIRED
WORDING OF NOTICES. Public
notice of hearings on zone reclassi-
fications, amendments, site devel-
opment plans, unclassified use per-
mits, variances and conditional
use permits shall consist of the
word s, "Notice of Proposed
Change of Zone Boundaries or
Classification" or "Notice of Pro-
posed Site Development Plan" or
'Notice of Proposed Variance" or
"Notice of Proposed Conditional
Use Permit "or "Notice of Pro-
posed Unclassified Use Permit" as
the case may be, setting forth the
description of the property under
consideration, the nature of the
proposed change, or requested per-
mit or use, and the time, place and
date at which the public hearing
or hearings on the matter will be
held.
Section 2007: INVESTIGATIONS.
The Planning Commission shall
cause to be made by its own mem-
bers, or mernbers of its staff, such
investigation of facts hearing upon
an application set for hearing that
will assure action on each case
consistent with the purpose of this
ordinance.
Section 2008: ESTABLISHMENT
OF RULES OF CONDUCT OF
HEARINGS. The Planning Com-
mission may establish rules gov-
erning the conduct of public hear-
ings conducted by it.
Section 2009: HEARINGS MAY
BE CONTINUED WITHOUT RE-
COURSE TO ADDITIONAL PUB-
LIC NOTICE. If, for any reason,
any case set for public hearing
cannot be completed on the date
set for such hearing, the person
presiding at such public hearing
may, before adjournment or re-
cess thereof. publicly announce the
time and place to, and at which,
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Page 65
said hearing will be continued, and
no further notice is required.
Section 2010: PERMANENT
FILES SHALL INCLUDE SUM-
MARY OF TESTIMONY. A sum-
mary of all pertinent testimony
offered at public hearings held in
connection with an application
filed pursuant to this ordinance,
and the names and addresses of
persons testifying shall be record-
ed and made a part of the perma-
nent files of the case.
Section 2011: LIMITATION ON
REFILING OF APPLICATIONS.
Final action as set forth in this
ordinance by the Planning Com-
mission or the City Council in
denying an application for a
change of zone, unclassified use
permit, variance or conditional use
permit shall prohibit the further
filing of the same type of applica-
tion on property previously filed
upon until not less than one (1)
year shall have elapsed from the
date of denial of any application.
ARTICLE 21
INTERPRETATION — PURPOSE
— CONFLICT — SEVERABILITY
Section 2100: INTERPRETA-
TION. In interpreting and apply-
ing the provisions of this ordinance
they shall be held to be the mini-
mum requirement for the promo-
tion of the public health, safety,
comfort, convenience and general
welfare. It is not intended by this
ordinance to interfere with or ab-
rogate or annul any easement,
covenant or other agreement be-
tween parties. When this ordinance
imposes a greater restriction upon
the use of buildings or land, or
upon the height of buildings, or
requires Larger open spaces than
are imposed or required by other
ordinances, rules, regulations, or
by easements, covenants or agree-
ments, the provisions of this ordi-
nance shall control.
Section 2101: CONSTITUTION-
ALITY OR INVALIDITY. If any
section, subsection, clause or
phrase of this ordinance is for any
reason held to be invalid or un-
constitutional, such invalidity or
unconstitutionality shall not affect
the validity or constitutionality of
the remaining portions of this ordi-
nance; it being hereby expressly
declared that this ordinance, and
each section, subsection, sentence,
clause and phrase hereof would
have been prepared, proposed,
adopted, approved and ratified ir-
respective of the fact that any one
or more sections, subsections, sen-
tences, clauses or phrases be de-
clared invalid or unconstitutional.
ARTICLE 22
REVOCATION—EXPIRATION
Section 2200: PERMITS OR VA-
RIANCES MAY BE REVOKED.
The Planning Commission may,
after a public hearing held in the
manner prescribed in Article 18
1
governing variances and condi-
tional use permits, revoke or modi-
fy on any one or more of the
following grounds any conditional
use permit or variance previously
issued:
(1) That the approval was ob-
tained by fraud; or
(2) that the conditional use
permit or variance is being, or re-
cently has been, exercised contrary
to the terms or conditions of such
approval.
Section 2201: STATUS OF UN-
EXERCISED USE PERMIT OR
VARIANCE. Any unexercised con-
ditional use permit or variance
granted more than six (6) months
preceding the effective date of this
ordinance is revoked on the effec-
itve date of this ordinance; any
unexercised use permit or vari-
ance granted within six (6) months
preceding the effective date of this
ordinance and which has not been
substantially exercised within
ninety (90) days following the ef-
fective date of this ordinance shall
be null and void at the end of such
ninety (90) day period.
ARTICLE 23
PERMITS — LICENSES —
ENFORCEMENT
Section 2300: CERTIFICATE OF
OCCUPANCY PERMIT. To assure
compliance with the parking re-
quirements and other provisions of
the zoning ordinance, a Certificate
of Occupancy shall be obtained
from the Building Department be-
fore:
(1) Any new building shall be
erected;
(2) any new building shall be
initially occupied or used;
(3) any existing building be
structurally altered or enlarged; or
(4) any change or addition to
the occupancy of a building or
premises be made.
If the subject requiring a certifi-
cate of occudpancy is also required
to secure a building permit, a
business license or any other evi-
dence of authority required by law,
such required certificate of occu-
pancy for such use may constitute
a separately identified part of such
permit, license or other evidence,
and shall be cleared through the
Building Department as conform-
ing, or not conforming, to 0.,e pro-
visions of this ordinance before
any other license or permit or
authority may be issued.
Each certificate of occupancy
shall be issued only upon applica-
tion signed by the authorized ap-
plicant, and shall contain over the
signature of the applicant a cor-
rect statement of the use intended
to be established and such certifi-
cate of occupancy may be issued
only if such declared intended use
conforms in every respect to the
provisions of this ordinance. The
term "use" as employed in this
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Ord:nanee 63 -112
Page 66
Section includes considerations of
all of the applicable controls set
forth herein.
Section 2301: NO CONFLICTING
LICENSES OR PERMITS SHALL
BE ISSUED. All departments, of-
ficials or public employees vested
with the duty or authority to is-
sue permits or licenses where re-
quired by law shall conform to
the provisions of this ordinance.
All such licenses where required
by law shall conform to the provi-
sions of this ordinance. No license
or permit for uses, buildings or
purposes where the same would
be in conflict with the provisions
of this ordinance shall be issued.
Any such license or permit, if is-
sued in conflict with the provisions
hereof, shall be null and void.
Section 2302: ENFORCEMENT.
It shall be the duty of the Build-
ing Department to enforce the pro-
visions of this ordinance pertain-
ing to erection, construction, re-
construction, conversion or alter-
ation of buildings, or any use of
premises. It shall be the duty
of the officials charged with the
issuance of licenses to enforce the
provisions of this ordinance per-
taining to the use of land or build-
ings for which any such license
is required by any other ordinance
of the City.
ARTICLE 24
PENALTY
Section 2400: VIOLATORS PUN-
ISHABLE BY FINE AND IM-
PRISONMENT. Any person, firin
or corporation violating any of the
provisions of this ordinance shall
be deemed guilty of a misdemean-
or, and upon conviction thereof
shall be punishable by fine of not
more than $ , or by imprison-
ment in the County Jail for a pe-
riod of not more than days,
or both such fine and imprison-
ment.
Section 2401: EACH DAY A
SEPARATE OFFENSE. Each per-
son, firm or corporation found
guilty of a violation shall be
deemed guilty of a separate of-
fense for every clay during any
portion of which any violation of
any provisions of this ordinance
is committed, continued or permit-
ted by such person, firm or corpo-
ration, and shall be punishable
therefor as provided for in this
ordinance, and any use, occupa-
tion, building or structure main-
tained contrary to the provisions
hereof shall constitute a public
nuisanse.
Section 2402: UNEXPIRED
BUILDING PERMITS. Any build-
ing permits issued prior to the ef-
fective date and hour of this ordi-
nance and which permit has not
expired, shall be permitted to be
exercised within the period provid-
ed in the ordinance under which
the permit was issued, even though
contrary to the provisions of this
ordinance.
ARTICLE 25
ENACTMENT AND REPEAL
Section 2500: Effective Date: The
provisions of this ordinance as it
pertains to regulating the use of
property shall become effective
upon the adoption of a new zoning
map in the manner prescribed by
law and when such map is thus
adopted it shall become a part of
this ordinance as set forth in Sec-
tion 303 hereof.
Section 2501: Repeal of prior
zoning ordinance sections: At such
time as this ordinance shall be-
come effective as set forth in Sec-
tion 2403, Sections 9100, 9101 and
9102 of the Temple City Municipal
Code shall be deemed repealed and
rescinded.
PASSED AND ADOPTED by the
City Council of the City of Temple
City at a regular meeting thereof
held this 9th day of September,
1903, by the following roll call
vote:
AYES: Councilmen — Dickason,
Fitzjohn, Merritt, Nunamaker,
Tyrell,
NOES: Coucilmen —None.
ABSENT: Councilmen —None.
A. L. Nunamaker
Mayor of the City of
Temple City, California
ATTEST:
William Woollett, Jr.
City Clerk of the City of
Temple City, California
Publish Sept. 19, 1903.
Passed and adopted by the City Counci
at a regular meeting thereof held thi
by the following roll call vote:
AYES: Councilmen- Dickason, Fitzjohn,
NOES: Councilmen -None
ABSENT: Councilmen -None
ATTEST:
ty Clerk oh'"the I ty
Temple City, Californi
1 of the City of Temple City
s 9th day of September, 1963,
Merritt, Tyrell, Nunamaker
yor o t e ty o
Temple City, California
369
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF TEMPLE CITY )
I, Marjorie A. Woodruff, do hereby certify that I have been duly
appointed Deputy City Clerk of the City of Temple City, California,
and that the foregoing Ordinance No. 63-112 was regularly intro-
duced at a regular meeting of the City Council held on August 26,
1963, and adopted at a regular meeting of the City Council held on
September 9, 1963, by the following roll call vote:
AYES: Councilmen- Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker
NOES: Councilmen -None
ABSENT: Councilmen -None
Deputy7City Clerk of the GT' y of
Temple City, California
1
370