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HomeMy Public PortalAboutOrdinance 282g,2 AN ORDINANCE ESTABLISHING ZON'I—TYMJE CIT'f BEAUMONT AND THEREIN REG=TIR THE USE OF LAUD, HEIGHT OF BUILDINGS, AREA OF LOIS AND PARCELS AND YARD S PROVIDING FOR THE ADOPTION OF MAPS SHOWING THE BOUNDARIES OF SAID ZONES DEFINING THE TERTAS USED IN THIS ORDINANCE; PROVIDING FOR ITS ADJUS=ENT, AMENDMENT AND ENFORCEMENT: PRESCRIBING PENALTIES FOR VIOLATION AND REPEnTNG ORDINANCES OR PORTIONS OF ORDINANCES IN CO'NFLICT THEREWITH. THE CITY C=CIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS; ARTICLE 1 DECLARt'ITION oF PURPOSE 1. PURPOSE OF 0RDINAN,12 An Official Land -Use Plan -17:or the City of Beaumont is hereby adopted and established to servo the public health, safety and general welfe and to provide the econo- micand social advantages rosultino -.7o.irk an )ycj..Jr-1,,,, planned use of Thrid resources. 2. NAME 02 ORDINANCE, Thi: ordinano shallJ be 1.7:no0Jn The Cop_ehnsIve Zan -;g 0-dnnoc. ARTICLE 2 DEFINITICS (1) TENSES, The present tense :Lutuze, the l'uture the present. (2) ITial3E2. The singular n=bz.z- plu.2c6, the niar. () ACCEa'20R7:. 'A.ccesor7' -15:1(....:P.S a buil6inrn .2,art of strucure use ,,Tnish is E...1.1bord...Lnate to, (2.ntal to tha1: bniicng, 12 f4‘ rc...-:17)777,7771-p inc7c.c,end7;nic_7'_," o2 u:r0,017.±- (7) BOARDING TIOUSE,, "3oarding house' -:Leans a building whore lodging and. meals aro providod for comoonsation for not less than fDur W and not more t."-L,F.rn ten (10) porsons, but shall not include rest is or convalescent homes, (3BUI.I:=0 Duild'ing" moans any structure built for the support, shelter, or oacleare of persons, anirdals, chattoT O r property ok any kind bat ,,-,7-i,:clacang all forms of vehicles even though LEmobliz,cd. ',Jhere this ozdinanco ZCqUi.-3, of whore spec- ial anhorit7 ozanfed ,enrsnant to this flminance requires that a use shall bs entfrel7 enclosed within a 'm)uliding, this definition shal) be cualifiod by adr'(incr "and having a roof and enclosed on all sides." (9'.. E3.f.:333NG HF:.:ICHT., '3-c.ildl-n:7 haif.vht", moans tho vert- ical 6istanco ni.casurod f:.. -em. the average level o!" -.-.he highest and lowesL point of that portion of the Jon:. lte co-v-o:red by the building' to the ceilinj of the u-oDermet story. (10) EUILDIN Sl=. ""..Bni1.,....an. sito' means '....' the cc:round area of one (1) lot o -r oarcel or (2) ',Ihe gzc..yiild lirea of two (2) or more lots or parcols ,ihon used.. in cobinatien for a bung or Permitted Troup, of buns, toother ulth all open spaces as re- quired by this G",:dilaUflO, (11) larl:IC:2,..,0-''.:::' CLU'i.:-':i. '''-ii.-C:fl.C.;,Ttl.,DWC,...:J.J.-.,...-.-1:' moans three (3) Dr mcro doti.Johc.,Z). one-stery, onii-faily cz ..•.1,....-fasally d_7,,:eIlings loc,7_,_ted npen a single i(h., together 1;-..- •T7:-.:_11 open spaces rec-f-iAirad by this ordj..n.a.,=,o, (12) CELLL. 'Cellar' means .Lhat portion of a blinding between ..e,er an& ceilinr-; !i.hich is wholly or oartly below grado and. so located that the vertiel 6.istance from. grade to floor bo low is equal to or greater than the vertical distance fro')." grado to ceiling. (13) 00.-1-21,1,8IlIF‘N2 H.C.,,-.::::.B. C2. glIEZT -.',..-:::;:j.. 'Convalescent .rto.'mes" or '"C"..uest Ha::,::es' meu:ns tho same as 2crding Houe, but permitting nnrsing., aeti=y anC.. other 7srsonal services zondersd to or: 2::o2:;, invaliO'....; ,...',.n(J. accf,d....y...lorly.;, 22t ame11.3..d22g menal cases and cases of eerons ,.oz osvmu-...-I:.,lo djm:2...ses and ing slirciery or primary treatmnts whleTh ::-....me ons.';:omarilv previde,a in snitari-.as an& hosotals, (I,.. Di.':,,T7.:: (2 -H -.-m' -mamo Env ovomiees 7.-:hc,rr.,-.1, throe (3) oz nre...-:.os:.:.mocLs..,.. ono ) or T7!..-0,00wE2, ao(.1 two oo,-.rs (15) Da0."Dump" means an area devoted to the d±poi1 of refuse, including incinerations, reduction, or dumping of ashes, garbage, combustible o:.• non-oombustik.le -cefuse, offal or dead animals. (16) DWELLING.'Dwellina" means a building or portion there- of designed exclusively for residential purposes, including one- -family, two-family and multiple d,,Tellins, but shall not include hotels, boarding and lodging houses. (17) DWELLTNG UNIT. "Dwelling unitmeans one or more rooms in a dwelling or apartneYlt house or apartment hotel designed for occupancy by one family for liviqg or sleeping purposes, and having only one (1) kitchen. (18) DWELLING, ONE -Fa "One-familv dwelling" shall mean, a detached building acsigned exclusively for occupancy by one family and containing one dwelling unit. (19) DWELLING, TWO-FAMTD:. 'Twe-familv dwelling" means a building designed exclusively for occuleaney hy two families living independently cf !..'ach other, and containing two (2) dwell- ina units. (20) DWELLTN IIAJLTl LE, '..,'.ultR)10• dwelling" means a _ - building or perti.on thereof, • osigned :cor occupancy by three or MO:r familj,,s livinci o' ef ach other, and containing three (3) or more dwelling units. (21) EDUCATICML INSTITUTION.neational institution" means colleges or univeroities supported olily or in part by Public funds, and other cnileges universiies nr nther schools giving general acadomic instruction, as c:_termined by the Educa- tion Co,( -3o of the State of California and whor operated for profit or not and in wllich no nu:il is ph7sically restrained. (22) FamiLY .'7ami1y' -:_eans :A1-1 ina:idual, or two (2) ormore persons related. 'by blooJ or marria,e C -1 a croup of not more than five (5)-iorsons, e=iudn(„?.Tare not re- 1ato6. hy 'flec,d or =rae, livn,„T oel.:s.,eL ,:s sinle house- eepn unit in O. CliLa unit. (23) GRADE. 'Gre.d.,-.7.,' -:::!as theshed ground level at t7as c'entoy oi.:- all w,T....-Ilis of a ...1,...-s. In (..:,,e walls are paaliel to and. within fiv U.,..i; f.., --...:,t of ,,.....3.. sid;a11:, the above- ground level shallbe mes..,;...r1 ' tTle (21-.) gU.EST -;i'.-C....:2- 'f' -n 1..,.,'; ---:s:; li,:in..7,..;: quarters -,:.7-,Ic':3,..10:t77 b'all(.....i1-1. ...--.:-:,:- -;:...0 .-..-:.,..c :::...,: - ...zo..:tY.; jlT)lc.1-1,-Ted 0 c,..,..],..7.:,:ii:.:..1.-,:::::::-L1,---,-; :,....-.. -]....-±,..-1,...::::: -:,-.'::::::..1i-'....:j_c (25) HOG 'Hog:ii is whore three (3) or MOYTO aYe anti:,7,il7 al16, th.o .nO ' chn-.o the inrL- Lation linsed by sta.te uadr pf.cisic of law to o:2fei. facilities, care ..nd t:featoilt Zor O'Z cmd 1-1.7VOU;1-') ordeys itot licnscd. to 9I-ovid ficilit-j_es and r_3=J-..i.c2s in lory, ostetTicr6 and (icnc2,:al tho of cob-7,:al (23) T=EL„ th.cyJf more than four ( ) guezt roons wher::! lotgin win. or meals is provided for compensation, and who.re no provision is J::.iqdie for cooking in any individual zoom or suite but shall not iaclude ails, hospitals, ayluor r orphanages, -orisons, dc- tention homes and similar buildings ',',7hero huLlan 'beings aro how2ed and detained under lecral restraint (29 )n3 -elase w:.7c:ro four (,1) or more adult dogs are kept, whethoz )7 owneis of dozie or_by person.s loroviding facilities and care fo-f censation, dog :lospitals,. An adult dog is ,7! canine of either sex-, alter(1 or 1.7_na)_. tha hes feached the age of four (,1) m<mthn, (30) KITCUEN,"Kifchen' noans anv uscci or intended or designed t.c, be used for eco*ng Of -oi-paration of food, A.' nuuo.L. no more than fou-,- crdeci :roc:::; is provided for four 10± Lf buildincf win lo (M) gocll uhen shown as a delineaLe or otho:c designation on a in thc Coaaty Of Riverside County: M, a p=ce1 of boundaries of which a-y:e dafincd 5 to ihe provioicinc thc Act t1-0 Statc Calitoria in the office ofi CL;I:lany 2ccceo-f. County; (3) a parcol of -..cr2a10 3 (2) above, and containig not tho (-.111C footage 10 1'zon,e in ocated. and Which abuts a least- ono. oz a privLto ease- ment determined by .L113. Coission atgna...:e access from T strec=t; a 1n6. undez Land. Title Law (Torrens Title), froDa adjacent pco-bo:: on the (33) LOT AREA. "Lot arca' � e the total area within the boundary lines of a lot, For tho purpose of determining lot area in the case of an irregular, triangular or goreshaped lot, a line ten (10) feet in length within the lot and farthest removed from the front lot lino and at right angles to the line compris- ing oi"pr .s-ing the depth of such lot shall. b: used as the rear lot lino. (34) LOT, CORNER. "Corner et' means a lot situated at the intersects to of two (2) or more streets, which streets have an angle of intersection of not more. than one hundred thirty-five degrees (135°). (35) LOT, INTERIOR. "Interior lot" means a lot other than a. corner lot, or roger, ed corner lot. (3E ) LOT, KEY. "Key lot" means the first log: to the roar of a reversed corner lot and whether or not se -aced by an alley. (37)LOT LINE, FRONT. to`_'ront. lot line" r a C.'ens in the case of an interior lot, a lino separating the lot from the street. In the case of a corner lot the fT:ont lino >ha. ! be 1-hf lino separat- ing the narrowest street frontage Gf the lot from thestreet. (38) LOT LIN PEA "Rear lot �-i_ e" means L lot line or � � i� ,t x-e.c:3.:� lines which is or are opposit=e fro the front lot ine, and ex- tending between the side lot gni. n (39) LOT L.}.d'''•;-.. SIDE. r'ti ide lot ary line along side of 'clic' front _..:d the rear. o" 'esa.. s any lot bound- ,:s prolongation toward (40) LOT, REVERSED ;-vj rE` OM he , "REwer corner lot' meanF; a corner lGt v the so street line of Y, 7 t is7> i7.ti. r`:t:`%1 'c`l, a con- tinuation of the front lot line of the i::c:3'`% lot it'': on which the rear of said corner lot abuts. ( 41 ) lr..—•��. , T-O1GFth7ouc:'1lot' ot senn` a lot having _nc 13o?titCe on two (2) parallel or ip)L:i`y _ .-_?`._.i streets. (4 �') L, J'!. , ,I , r between the side lot lin Lot C__,_' :' ..._.. ,. ..:v lzon'._h 1 a:7t ancce mea2urod o..Ic;. tho r, .._. of the front v, NOM-CMFORMSEGBUILDING ' i n.- e ,,torm:P lira Ya_, (_ n•. means C building O. pothen thereof, .,_._...t._, was lawfully erected .._ altered and sP: tntalnoc, but which, be ,c wse o_. _.:i^ a p1:_cation of ordinance area regulations o.i ,_h.eeori'. in is i _... Lec' . I? se which was f uiif i t'-1 e y c...t_>_,_,.. _.,:a_. ' w t- ' 3_ which, `C- (54) SrlafC'3cuc:u 2fl22 n3thing constructed or erected which req.:cc s location on fir=nd oI attr..10h,--,(1, to somethillcc having a looatin on -;:he Lui: not inciudina fences or walls ased as fences ieso feet in height,, (35) STOTOTUL ALTEaa:s. 'Tcructural 3ltr27ca'ri,ons" mean any change inth3 s of alU ouch as .:coundations, Jpea-',-ig walls, coly!, flool- or zeof joists, girders or rafiors, or os.4.,xftwo in =of or =terior (56) IM7D= 'Lutoble traler' Y.eans a vehicle without 20-LUZ to h2 i377awn .67 a Taoter vehicle 3d. to 1.:m hu=.„ fccr carrying persors and. PrCOcv including trailer a2ach havincc a bc(.37 an .Autc,,obile er .'....;(ar or for which either is or :Ly of spcific rouItion,; or by resolution of the Planning this ord- inance ier special ,:o it dasrivec,. of privileg%38 -,:icinity and. (50) 7..Y....1TD, acros tho !Jull wid-17,L 02 r.)Gi'-L 16.2s ic..1.1an th.c. f:cont Toi 1-inc Said 6Z 22, Jill Each lot, froz,. contiglacms in thi (01) KTim the rc(-4.1-i7. ,Inj a ,..7Ailc - . . •-; • ; • :;;1. rear lot lijAei o.nd a_Loag a lj_no 37opre- sy.1±iLg 9r_-)y.-ilonc no .1` .! • -7 .7 7., , „ .„ SECI-:i0 , tc (7) b; ....... Auto/A*611e. NM iti4 40 4. A • or *11 (1) One -family dwellings of a permanent character placed in a permanent location. (2) Accessory buildings and structures, including pri_tate garages to accommodate not more than throe (3) cars, under the follow- ing conditions: (a) No accessory building more than one (1) story height shall occupy any part of a required rear yard and no essory building shall occupy more than twenty-five per cent of a required rear yard. (b) No accessory building shall be located closer tha (10) feet to the nearest part of a main building. (c) No accessory building shall occupy any portion of a front or side yard, =opt in a roar yard. (d) in the case of a reversed corner lot, no building erected upon such lot closer than five (5) feet to the line of any abutting lot to the roar. (3) The renting of not: more than to (2) rooms to more than two (2) roomers, or the providing of table board to not more than two (2) boarders, or both, but no to exfseod two (2) in any combination thereof. required shall be property in acc- (25%) (42 Docj and cats as ousohold oets not to exceed thre,,, (3) adults in numbr in any combination Io:: eacs' dwr,:lling unit. (5) A trailer used as the r dnnco o2 the 0MOT and his family during censtruction by such owner of a permanent resi- dence, but only while a building permit for the construction o such residence is in full force and effect and in no event longer Than six (6) month. ((3) Two-family dwelling, 'hen the lot in tale R-1 Zone u-oon which it is located has a ,side line that abuts yropezty coned a 17,-3, 0-1, 0-2 or M-1, but in no ease shalTt the pro-oezt nod for such two-family dwelling consist of moze than one (I) lot oz be more than seventy-five (75) fot in ii 1:h. -,hichever j.,F; the least. (7) The followinq poultry ond ani1s under the iollowing conditions: (a) Chickens (hens onJy) rabbits, chinchillas, and other small animals raised for food, scientific or 2nr bearing purposes, provided not more than twenty-five (25) of any one or combination of such animals may bo maintained cch 0sito. (b) Tho keeping of all c_lmestic aniEals orovi6ed for in item (a) above shanconform to all e'fner p7L-o-:;si:.ons of law goverrt- ing same, and no fowl or animal oic any pen or e000 oz maintained within fify (50)feet t-,) any oz Joo of Eany zesi- dence, dwelling or other building ue6. LuTo‘n habitation, or -10- , CA within one hundred (100) feet of the front lot line of the lot upon which it is located. (8) The following s:_qns: (a) One (I) unlighted sign not exceeding (6) square feet in area pertaining only te the sale, :lease or hire of only the particular building, pr000rty nr premises upon which displayed. (b) Name plates not exceeding 4 N. 16 inches contain- ing name and. occupation of occuoant o premiscs. SECTION 2: HEIGHT. 3ie building Th thr5 R-1 Zone shall exceed two (2) stories oT twoniy-five (25) 5iDet, whichever is lesser, and no accessory haildinc: shall execed si.xteen (16) feet in height. SECTION 3 FRONT 72=)„. Every lot and. c;ory arcel of land in the R-1 7,ono sI1,L1 hve a 1ront yarcl net less than twenty-five (25) feet in depth provided tha .:J1Lare builanq line setbacks are established ;Jv Ordinance, Yhe front yard -.co- quired by this Section shall be measured from said building line setback. SECTION 4: SIDE YARDS. Evry lot in d r,very par. -a) of land in an R-1 Zone shall have :::;10_e. vars as follos: (1) Interior lots and parcels and corner lots and par- cels shall have a sic-:,-•yarca on each side of ',Jae let or parcel, and each side yardshall bc: .uet less than ten per cent t:JOM of the width of no lot or p(7).rec, oyevided ouch s.j_dp yard shall be not less than tilroe (3) feet in wi&L and. need not exceed five (5) feet in width. (2) Rav-cmed corner lots and Darocas shall have the following side ya.rds; ( a) On the side c.f.' a 7.:evoredcorner lot or parcel the side lot lin.c of Tich. adjoins anothr lot narrel shail be a side yard not lass thar,. (JO%) of the wic.fth of the lot or parcel, or(wi&d such side yal-d shaU b not less than three (3) feet in 'idia and ned no:c ilvo ' foot in width. (b) On thr, streai-ofdoof a reve-cs corncur lot es oar col there shall be a sjdo vrd with a 7:1dTh of2 not less -art fifty par cent (50-'7)) of the f:,:ent -2ccod on no 1017 OK parcel abutting the 'rear niivoIT:sed eo:fnor lot or .o-f-oel and no accessory 'nuilding cyn 1aC1. lot shall project beyond the line of the :.-eca..:fcrt froKt of the lot ahuttin the ZZar such DTCD=GO c'Z pacel (e) If the roar of a rovood co7:nei o.blAts u-onn property olassifiecri on tho ::ort: Of fTaeh reversed corner lot abu,-.s upon -os.-c-ft7 (..)0(Dd, by a noyLconfor or %L use havng anl.fic.::7td li2c)o-jJ Ylot i:en (10) - . - year as defined by this ordinance for the abatement of non- conforming uses in "R' Zones, then the provisions governing side yards on a corner lot shall apply to the reversed corner lot. SECTION 5: REAR YARD. Every lot and every parcel of land i an R-1 Zone shall have a rear yard not loss than twenty (20) feet in depth. SECTION 6: AREA. The required minimum area of a lot or parcel in the R-1 zone shall he eight thousand (8,000) square feet. SECTION 7: LCT WIDTH, Every lot or parcel created after the effective date of this ordinance simil maintain a width of not less than sixry (30) feet at the re.,:lr of the required front yard, unless otherwise ly,:ovided by on official clan as prescribed by law. .ARTTCLE 5 R-2 -- TWO FA11ILY RESIDENTIAL ZONE (R-2 ZONE) SECTION 1 =ED USES. In the N.-2 Zone no building shall be erected, -reconstructed or struc+urany rl.÷ered, nor shall any building or land be used. for any purpose e=opt as hereinafter specifically provided and allowed by this Article, subject to the provisions of Article 12 governing off-street parking requirements. In the W-2 Zone the following uses are permitted; (1) Any use permitted in the. R-1 ngle-faaily Zone and unoer the same conditions proscribed therein except that the ris- ing and keeping of poultry or livestock of any kind shall be pro- , hibited. (2) Two-family dwelings. (3) A three-family or a four-fa-aily dwelling when the lot upon which it is located i the R-2 Zone has a side line that almts a lot zoned for C-2 and M, but '1,n no case shall the property usedMy- such three-family OK Fj. four -family dwelling consist of more than one ( 1) lot or oarcel. oz be :a0,170 than. seventy- five (75) feet in wid.th whicheve..c is the leaF:t_. SECTION 2; NEIGHT No buildinq in the F-2 Zone shall e)7.- ceed two (2)stoies. or 1:7zenty-2ive (25) feet, -;:hichaver is the lesser. SECTIM 3: ?PONT YAIM. 57=,7 lot every -7.)arco1 of land in the R-2 0f shall have a f-yent yarci not les than twenty-fi-vc feet (25r) in deptL , .o:covided that 1:.)uiling line setbacks are established by Ordinance, the front r.-ccluizo:-. by this sec- t:;.on shalD be froa sai6 -12- SECTION 4; SIDE YARDS. Every lot and every parcel of land in an R-2 Zone shall have side yards as required in R-1 Zone. SECTION 5: litirThe following area requirements shall apply to every lot and every parcel in an R-2 Zone; (1) The required minimum area of a lot or parcel in the R-2 Zone shall be eight thousand (3,000) square feet. (2) Lot area per dwelling unit shall be not less than three thousand (3,000) square feet for a lot or parcel. SECTION 6: LOT IJIDTH: Every lot or parcel created after the effective date of this Ordinance, shall maintain a width of not less than Sixty (60) feet at tha rear line of the required froni. yard, unless otherwise provided by an official,lan as prescribed by law. ARTICLE 6 R-3 - IRJLTIPLE FAMILY RESIDENTIAL ZONE (R-3 ZONE) SECTION 1: PERMITTED USES. In the R-3 Zone no building shall be erected, reconstructed or structurally altered, nor shall any buildimor land be used for any purpose except as hereinafter specifically provided and allowed by this Article, subject to the provisions of Article 12, governing off-street parking requirlacitnewts. In the 12-3 zone the following uses aro permitted: (1) Any use permittecl in the R-2 Zeno. (2) Boarding and lodging houses. (3) Churches. (4) Educational institutions. (5) Golf, swiriming,tennis and country clubs. (6) Group houses. (7) Hotels. (8) Institutions c-,2 u hinthroipic nature,except correctional nental. (9) Idbrazios (publiciv-onod only) (10) 1Jultiple dwellngs. (11) Privato clubsrfratorniti(os, sororities and. 1.odg.es, e.7t.,cepting those ne chcf acvity of which service custoari1.7 c=ied on as a hus3.ness. (12) Rest homes. (13) The fo)lewing signs: (a) Ono (1) unlighted sign not eccedtrog twelve (12) square feet in area pertaining oaly to Lhs sale, lease or hire of only the particular building, oroperiy oz proraisos upon which d3s- played. (b) Name plates not exceeding 4' x 16" containing the name of the occupant of the preiscs. (c) One (1) unlighted sign for each apqrt=t build- ing not to exceed six (6) square feat in arca, or four (4) foot in any dimension provided such sicn is pThced on wall of thc building -13- and does not extend above or out from the front wall and contains no advertising matter except the name and street address of the apartment house and further p-rovided that a sign may include in- formation on rentals available. (13) A public parkincc area, developed as required by this ordinance, where the side of the lot or parcel on which it is located in the R-3 Zone abuts upon a lot or parcel zoned for commercial or industrial purposes, but in no case shall the property so used consist of more than one (1) lot or parcel or be more than seventy-five (75) feet in width whichever is the lesser. SECTION 2: HEIGHT. In an R-3 Zone no building shall exceed two and one-half (2) stories or thirty-five (35) feet, whichever is the lessor ileight. SECTION 3: FRONT YP,RD. Every lot and every parcel of land in the R-3 zone shall have a front yard not less than fifteen (15) feet in depth, provided that when building line set- backs axe established the front yard required y this soch.on shall be measured froIll said building line set back. SECTION SIDE Y.ARD, Every lot and every parcel of land in an R-3 Zonr, shall havo sid yards as follows (1) Interior lots and parcels and corner lots and parcels shall have a side yard on each side of the lot or parcel, and each side yard. shall be not less thaa ten per cent (101.) of the width of ihe lot or parcel, provided such side yard shall be not less than three (3) feet in width and need not exceed five (5) feet in width. (2: Reversed corner lots nd. parcels shall have the following side yards: (a)On the side of a reversed corner lot or parcel the side lot line of -cAlich adjoins another lot or parcel, there shall be a side yard not less than ten r.s.'cr cent (107.,) of the uidth of the lot or parcel provided such sido yard shall be not less than three ( 3) feet in-Adth and necd not ecocd. five (5) foci in width. (h)On the street f7;ide of a rovorced corn,,,r lot or parcel there shall be a side vard with a width of not leso than fifty per cent (54) o.:,± no front yard ::rad on th4-, lot or parcel &putting the year of such revcrsedo!:)rncr lot or parcel, and no accessory building an sch reversd corner lot or parcel shall project beyond FEo rear line of tho r(i.uired frcnt yard of the lot abutting the roar aT such re7,:sd corner lot OY parcel. (c)If the zcaz of a. I.C-VOrS_ .pon property classified for 'C' or '112' puroocs, cr if the YCLIK0 such reversed cornez lot abut upon propelv bv a non- conforing or use :.no an .r'i:i. zo: ilTo c -f aiore -14- than ten (10) years as defined by this ordinance for the abate- ment of nonconforming uses in "Rrs Zones, then. the provisions govern- ing side yards on a corner lot shall apply" to the reversed corner lot SECTION 5: REAR YARD. Every lot and parcel of land in the R-3 Zone shall have a rear yard not: less than fifteen (i5) feet in depth - SECTION 7i The 6 : AREA. fol1ouir1c; area requirements ;hall apply to every lot and every parcel in an R-3 Zone. (1) The required minimum p area of t lotor parcel in theshall 'ic`;i t th esa 6."j_ ! 8000) I�•-3 Zone nr�.l be c_ i:. .i cLn (2) Lot area per Ci:1 i i.1C4' un:. t in .:i':.': R-3 .Sone shall be not less than t -;e_ ire hundred (1200) square %=eet . ( 3) `..There more re t1t.__n ono(1) main build ng is erected on the permissible u__C`!c( space,the distance Leee+ such 1 %tl<`_iTi. buildings shsl,l not less 'i i i''',.J ten (10 ) feet. SECTION 7: LOT WIDTH. Every lot and every parcel created after the effective date of this ordinance shal?_ maintain a -wi..c th of 37 O t less than 1 s:f.at73:"s'- ( i:, 0 ) feet b t the rear ? n e G.1 1.::1e required front yard unless otherwise ise p ov.'.L'': ca_ 0 the adoption of an official plan a s prescribed l�'f J1 law -I. -- ? ?°9:j.:'.:k;NTI L AGWCli°3TTTR!%L ZONE ( i ;ONE) SECTION ECs Otl. PERMITTED USES. In an R -A L: L;=`±(3 no building shall be erected, recon tructed or structurally altered nor shall any building or land ;, used ^ any purpose ee: t as hereinafter specifically provided ,�2l' 1,r pir , Article, subject to the provisions of Article 1.2, governing off-street 1sg in the R -A Zone the following uses ._ L_ (l-) s7 .fne condi? tie's use perri 17_06 in R-1 Zone and under the c _bed therein. (2) Churches (sub "e » b . _,, :. i,+ a con- ditional use permit as set fol ._.n -s- -' -L ) ject to review and ' n .'.L». nr forth in !u1 ::t.cic 16). (4) Golf, n n Y � �,; z •���.r. clubs, parks, playgrounds and .,.-,.e :_" where amusement devices arc available ... c.L C _+ c: u? s 1_L?.._ _.l crops. (C:J ) Greenhouses, it trees, nurseries for producing .1.ci:ees ..i_nes a,lb, 1 J - ( 0110••• ..b. so :_ i;:i "'c.^f and coun _ places trees, vine,s r.. horticultural '%,:a') o (7) Storage of petroleum products for use on the premises, but not for resale. (8) The following poultry and animals under the following conditions: (a) Poultry, rabbits, chinchillas, foxes and other small animals raised for food, scientific or fur bearing purposes, provided not more than twenty-five (25) of any one or combination of such animals may be maintained on a sitecontainingone acre or less. Poultry and rabbits, except turkeys, ray he commer- cially raised on sites containing more than one (1) acre provided when four (4) or more ac' -es are involved a. conditional use permit is first obtained in the manner prescribe& in Article )6 and that such conditions may pertain to number of birds or animals, building types and placement equipment, time and 1-,anagement all for the purpose of assuring reasonable com.satibility witi. adjacent develcn- ment. (b) Bovine animals, :cats, hogs, pic:s and horses, provided that the number of bovine anmals, goats hogs, pigs and horses, shall not exceed a number no: acre. oqual to four (4) adult animals of any one kind Or combination and their immature offspring, except that there shall be no limit to the number of animals raised on a lot or parcel consisting of fear (4) or more acres provided that when four (4) or more ac re'.s are involved a conditional use permit is first obtained in the iaanner prescribed in Article 13 and that such conditions laay certain to number of animals, building types and placement, equipmeTit, time and managemont, all for the purpose of assuring reasonable compatibility with adjacent develop ment. (c) The keeping of all dor:lc-stip animalfl provided for in items (a) and (b) above shall conform to all other provisions of law governing same and no fal or animals, or any pen or coop, shall be kept or maintained wit'nin thirty-five (05) foot or any window or door or any residence dwelling or other building used for human habitation ,r,r within one hundred (100) feet of thc front lot line of the lot upon which it is located. (d) The ,,laughterincc dressnq end marketing of mLy folf/1 o an shall be llited to those raiscd on the orealisc. (e) No mazket rolase or othor waste materials brought as such to the prsmis,es0 to hog or -Qic..;c T:DeTyfc. on the promise Elnd no or 1-::!av be cicv,o:c thyl oT:le hunfted and firVc.v MW; fet t,:ect, 07 1CF_IS f:50) fa:OM sifh 15_ne',.-; of lot 01 e e(.. of if it abuts a lot or pa]ii t7. 112cd. exclusively f,T::,r residential SECTIM Hnai In the bailang exceed two (2) stories in 1oi or 7.iche7:= is the: lesser, -10- SECTION 3: FRONT YARD. Evr,r7 lot and every po..zce-.1 of land in an R -A Zone shall hav(1-,, a front not less than t.wenty- ,, five (25) feet fLn depth, riZOVC.:16. tht waere Du:tiding .10 set- backs are established, 1-10 krnt yay:6 bry this•ection shall be measured. from said. buildin setback. SECTION 4: SIDE Every lot an6. every parcel the R -A Zone shall have side yar follows (1) Thtezior or parcls coo: loI:s or parcels shall hav a s-ide yar. oneaola s...ide of trce lot or :WC less than ten per cent (10V; wid17.h of th1,3t or pay:cel, pro- vided tha÷ quch side yzr6 shall -;_ss than thy:Pe (3'j -Zeet in width and need nc,t f±vL fct ui&D— (2) Revrsed corne-: lots or loarce7s shall have Lo following side yaz.-2o: Ci: _ 1,d) SIC) OL corner lot or .paIcel, the side lot line of 7,qhich snoiey lot or parcel, -1:1-1.-zo be a Gide yard not less than ton (1(11,) of the wita'rh rvi= the LO t or parcel pro,iided such sid 1-t.o.t. less than th-ze (3) feet in width T3n6. flood not exc.,:ld five (5) (b) On the tree : sid of a YCDV-1:',L2C.3. c.:!srner loI or parcel there shall be a side 7ard a ,Adth not less Ihan fifty per cent (50',;,:i o.S. the fzont yarc:!, regairo6. en inc thr,7- rear of such r,...--.1,vesed cornoy lot o: n3. no accc,,L,Is orv. building on such re,.-Torsd.. oorne-J.: lot or pay:cel projec:Li '...'eyond the rear .72 the yF,TCabuIt- ing :e:oar of such roverse(3oc..-rnor 1,7t or parool, (c) tho CQ"..,:0:!.! lot abuts proprty reversd cornr loI upon by a non -confozi'f'...g "C" Or "M " years a,s by ti.s 1(.)t shall 27(--)N 5: in 30 2A Zoo: foot in parcel i-Ja Zono be .:,....1.- SETJTiOrf after Iho of les front ya-rc ARTICLE C P-P=C:073ILL PATZKING ZONEP-ZONE) SECTION 1 PERMITTED in "P Zone nbuilding shall be .c. cd or structurally altered nor ohall any building- or land oc used. for any purose e.:‹cept as hereinafter oToyideC. by this Article. In T" Zone the -fol107..Ting usds aro pc (H) Any use pemittc.. rn tho 12-3 Zno, when a lot or parcel is Lie usec.. su'ojec.i..!: to :all or zovisions of tho odinancd a77,licablo co lots anc pances„...o in (2) air, rcJ that anv arr.!:a usoc?_.1 r tao oy:2. arca: and 2117:2C7 Cd:f 1EC.C1 C1 2 Evey lot and overy parcol in. a 'P" Zone sLail be si...!..bject to the sa-.Ln,e requircments, conditions and -_-,...-ostricions as buildnij and. structure height, wid±h, iaront side and roar yards and ara., oxe apolicabac to kots or parcels in an R -C Zeno; provided. that when sueh lot or parcel is e-;::olusively for anyen air, tomporary parkin of transint aaoiL!oiles and. no st-zucture is erected. or maintaind t-.'nooen as is require.a by this ordinance or foac aL 0dar]...-ing area or so.F.,.' uarkin.q- 'area, no front shaA:2,.. be sEC11C 2 EQUI.RED (..j17 7J..tEK11AREA All pnroilic and 1sh.all iTaprc7ed. as follws':. (?) suc".c, area louts olassifio6 ce ±eet hoicJ-ht, Tins, to a the inches alorkr-n an7 a:ca a suita'elo than si.:n in (2) ./Aaj li(jht tC) shall as to promises ARTICLE 9 C-1, LIMITED COYMERCTAL ZONE (C-1ZONE) SECTION 1: PERMITTED USES. In a C-1 Zone no be erected, reconstructed or structurally altered, building or land be used for any purpose except as provided and allowed by this Article. The following uses mitted, subject to the provisions of Article 121governing parking building shall nor shall any hereinafter are pex- off-street requirements. (1) Any residential use. (2) Bakerir-s, retail. (3) Banks. ( 4 ) Barber shops or beauty shoos. (5) Cafes and restaurants (no dancing,entertainment or on sale liquor). (61 Drug Stores. (7) Cleaning and dyeing agencies (including sponging, pressing and spotting only). (8) Food markets. (9) Furniture and appliance stores. (10) Gasoline service stations. (11) Grocery tores. (12) Hardirare stores. (13) Jewelry stores. (14) Laundry agenoiosrhand laundries and self-seTvic2 laundries (Sell:-oorated and automatically equipped) (15) Liquor stores. (16) Lochsmii-hs. (1,7\ Meats, retail Sole of, (18) Notions stores, (19) Nurseriesisio.res or greenhouses for production or sales of plantz and rlovIers. (20) Parking lots. (21) Poultryrretail sale of (dressr,d onlyad no live poultry on promises). (22) Professional and business offices. (23) Sians,pertaininq only to the business of occupants located on preiscs. (24) Stat1one3w and boca (25) Studiosrsuch as interior CJ LOC studios,rocord recording studios, stores or s (25) Similar establishments catering directly to consumers. SECTION 2: METOUT. No thereof, in a C-1 Zone sall and one-half 2i) stories or lesser. SECTION 3: )�L[ YARD.. a 0-1 zone shall have a front buildlng or structure, o.y.. anv part bo erected to height exceeding two thirtly-fie (f25) eat hichover is the yTrzd. c: 7- 44.44, an :,yery parcel of LDsld in 1,-/A• idt -19- SECTION , I ot 72,E1 of land C1 Zone cor:Hr,LriJy in C-1 Zon not pezmittocl o-• sao sf_de yards xcelA. as nay og-,:Lre.s.,s • ance oreon_ use, or-zjt 4/,=ziatmii,644.41- a), aft.e4-114yetzta_ /4'4L.A. Prey, 62-a-Ltelit' SECTION 5: r1A(.2. pa:,:col of land in the C1 Zon3 oi= lot abuts upon p-!.-oo-ft • Y.-2 and R-3 puTposes andcbc,s not abut alic:7. it -flre7ido a roar yard fifteen (15) foet in ..;-L-her cases, 7,,Jhen such lot or parcol off icnd 6,97(yoc: tc u.se initLia1iv in d. C-1 Zone, no rear yard need E',10h ;.2.Siay be re- quired by an officic,1 tria2.Ico or oc.,:,,Joi:c1.oenal use SECTION o: IJEES IN C-1 ZONE Every use eerritted in a _17o,bjceii to following con- ditions and linitatnc.:3: (1) All useo ',.7!xec,ptina± L±nc stLicns oarking lots and nurseries si-laU aidina. (2) Products nade a liso shall he only at :=:ai:( pro7aioos 0 D. • o.J...-- •;---,:,al,„.c. o'..,:-.. •)-,....-::::::,L.....:....,::::L. , •:,-.....:1 ..::::::',...; .---., :::::::,..',........'•-_,....:,.-_,..,(-„:...::... ,,-..--,..'..''; -L '.c, :..., ,::::....2.:,.,..7.,::-.,...:.:::::„ ,:::?.c, , ,, _ if.: ::.,'•:..--„:.,,, c:? ARTICLE 10 C-2 -- GENERAL COMMERCIAL ZONE (C-2 ZONE) SECTION 1: PERMITTED USES. In a C-2 Zone no building shall be erected reconstructed or structurally altered, nor shall any building be used for any purpose except as hereinafter provided and allowed by Article 13, governing off-street parking require- ments (1) Any use permitted in the R-3 and C-1 Zones provided that any residential use shall conform to the provisions govern- ing the R- Zone. Antique Stores, provided all merchandise is displayed or stored within a building. (3) Automobije agencies (new and used,including servicing). (4) pool iiails and bowling alleys. (5) Bird and r.et shops. (6)Bars,La„-CS anci restaurants,(inc3uding dancing and entertainm(,,,nt). (7) Cleaning and. Dyeing ostablishmonts,provided only non- hazaroeus f iici7aro usd in the cloaninu process. (8) Commercial inn nq pools. (9) Dog and cut food catering services. (10) Equipment rental and service subject to review and issuance of a condonal use perm: as set forth in Article 16. (11) Fruit -oacking, dried fruit only. (12) On salo liquor establishluents. (13) Manufacturer's agets carKyin than sTloles. (14.) inventoxy other Manuacturing of cormaics,ik kiln dOC:s not ,=eed eight ( 8) cubic foot :In siz•:::! and pyodlacts r,,zo&:toed aro sold at retail on .cror.tises, (15) Motels. (16) Outdoor advorticin r'zi!-mlay OY adverUsing structure s prev, .1-"qc-y c-nnforill. to the -o-visions of Article 13. (17) Pawn shops. (18) Public garages. (19) Trailer courts. (20) Theatres ( (21) Second-hand stores,provided all merchandise is displayed or stored within a building. (22) Super -Service stations. (23) Turkish baths. (24) Similar retail, wholesale or service businesses not involvinq warchoising oz storage except access- ory storage of commodities sold at retail on the premises. SECTION 2: HEIGHT-. No building or structure, or any part thereof in a C-2 Zone shall be erel'ced to a height exceeding three (3) stories or thirty-five (35) fe,1L, whichever is the lesser. SECTION 3: FRONT YARD. Every lot and every parcel of land in a C-2 Zone shall have a front yazd only when any one or more of the following conditions apply: (1) If the premises are devc,ted to an "R" use in the C-2 Zone, the depth of the front yard shall conform to the front yard requirements in the 1-3 Zone. (2) When property classifie:1 as C-2 comprises part of the frontage in a block on one side of street between intersecting streetsand the reaindoT of the :17.:.)nta.ge in the same block is classified for "R" purposes, the fru': yard in such 0-2 Zone shall conform to the front yard required the 11R3 Zone. (3) A front ya-J:d sha31 be o:Y,J-ided ttvivay he required an official plan, variance or condicional use permit. SECTION ,i: SIDE YARDS. Every .,ot and every parcel of land in the 0-2 Zono when devoted to a use ,:cmitted initially in elle C-2 Zone, but not permitted in an R-3 Z:we, nod provide no sido yards except such as may be incorporated an official plan, va:fianco or a conditional use permit. SECTION 5 REAR YARD. Every :ot and evcry parcel of land in the C-2 Zone, when used for C-2 puT)eses and the real, of the loi abuts upon property classified for R-2 or 37-3 purposes, and does not abut upon an alley, it shall provide a roar yard fiften (15 feet in depth. In all other c when such lot OY of land is devoted to a use 7..tlac,. initially LI .3 C Zone, bat not permitted in an R-3 Zone, no re.7- yard need be provided except -22- such as may be required by an official plan, variance or a condi- tional use permit. SECTION 6: LIMITATIONS ON PERMITTED USES IN C-2 ZONE. Every use permitted in a C-2 Zone shall be subject to the following condi- tions and limitations: (I) Storage shall be lted to accessory storage of commodities sold at retail on the premises. (2) Products made incident to a nermitted use shall be sold. only at retail on premises. (3) Every business, except such. uses as filling stations, nurseries, drive-in restaurants and sinilar enterprises customarily conducted in the open shall be conducted wholly within a building, RTICI.E 11 M--MANUITiIURING ZONE (M -ONE) SECTION 1: PERMITTED UST7n. In an (Ti" Zone no building all be erected, reconstructed or structurally altered, nor shal1 any building or land be used for any purpose except as hereinafter pro- vided and allowed bv this Article, subject to the provisions of Article 13 governinq off-street parking regulations. (1) Any use permitted in the C-2 Zone, except Residential. (2) Animal hospitals. (3) • Autamobilo assembly,body and fender Illarks, dismantling and used parts storage Then oi;)erated or Evliniained whollywithin a building. (4) Automobile paint -ng. All -eainting, sanding and baking sha11 be conducted whollywithin a buildincf. (5) Automobile Wrecking Yards and junk Yal-ds, (provithd thaL theyhe enclosed within a tight fence not loss than six (6) feet in hA.ght, that no material be staced more than six (6) feet in height and that they be subject to review ac the issu- ance c a conditional use peymit as sot forth in Article 16) (6) Bakeries. (7) Body and fonder works, including painting. (8) Bottling olants (9) Brew,,-riPs. (10) Building moterial storage yards. (11 Cabinet shops,carpaater sho or furniture manufacture. (12) Carpet cleaning plants. (13) Cleaning and. dyeing plants (14) Contractor's storage yards. (15) Creameries. (16) Dairy products manufacture. (17) Draying, freighting or trucking yards or termina (18) Feed and fuel yarris. (19) Fruit and vegetable canning, preserving and freezing. (20) Food products manufacture, storage and process of, except lard, pickles, sauerkraut, sausage or vinegar. (21) Fruit packing houses. (22) Garment =afacturers. (23) Ice and cold storage plants. (24) Laundries. (25) Lumber yards. (26) Machine shops. (27) Manufacture of prefabricated buildings. (28) Mills, planing. (29) Plastics, fabrication fron (30) Poultry and rabbit slaughter (provided they are first reviewed and granted a conditional use pernit as pro- vided in Article TS. ija-1-4-4/4-4 (31) Public utilities sece yard or electrica) yccei.fiTlg 4,4 • (32) Rubber: fabrication of product fro a finishod rubber, (33) Sht (34' Shoe laanuf,actolng. (35) Soap manufacture, cod rnly (36) Stone aonnaiLorks -24- (37) Storage space for transit, and transportation equipment, except freight classification yards. (38) Textile manufacture. (3) Tire rebuilding, recapping and retreading. (40) Wholesale businesses, storage buildings and warehouses. (41) All other uses not herein specifically permitted, shall he reviewed for a conditional use permit, as provided for in Article 16. If it is found that any such use being reviewed is incompatible with the basic purpose of this ordinance due to its close proximity, noise, dust, odors, smoke, vibrations or other objek'Jtional factors, permits may be refused. SECTION 2: HEIGHT: Ho building or structure or any part thereof in an "M" Zone shall be erected to a height exceeding three (3) stories or thirty-five (35) feet whichever is the lesser. SECTION 3: FRONT YARD. Every lot and every parcel of land in an "M" Zone shall have a front yard only 7:Inen it may ho required by an official plan, variance or conditional use permit. SECTION' 4: SIN YARDS; Every lot and every parcel in an Zone, when used for "M" purposes need provi&, no sido yards except such as may be incorporated in an official plan .or in a conditional use permit or variance. SECTION 5: REAR YARD. Evory lot and every parcel in an "M" Zone, when used for "M" purposes, need provide no rear yard, except such as may be incorporated in an official plan or variance, or a conditional use permit, provicL!d, hov,ever, if the rear of the lot or parcel abuts upon property classified fo7 "R" purposes, and does not abut upon an alley, there shall be a rear yard fifteen (15) feet in depth. ARTICLE :12 UNCLASST.PIED USES SECTION 1: PERMITTED U3E8. All of the following, and alt matters directly related thereto arc declared to be uses possessing characteristics of such unique andspecial form as to make imprac- tical their being inciadd. aut=atically in any classes of nse cLs set forth in the various zones herein defined, and the authority foxthe location and operation thereof shallbe subject to review and the issuance of an unclasoificd, ase pel-iAt, except that unclassi- fied use permits may not be grantd fOY a lase in a zone ::ca which it is specifically excluded. Unclassified use pc=dits shall be p:'coeusad in thnne?: .for conditional U5C ee=its in Article 16, 0:,7cept that one (1) additional hering must e held by the City Council and their decision shall be final. -25- ci'S (1) Airport or landing fi-4 elds. (2) Borrow pit to the depth of over three (3) Feet. (3) Cemeteries. (4) Columbariums, craatories and mausoleums, except these uses are specifically excluded from R -1,R,2 and Zones unless located inside of a cemetery. (5) Schools and play grounds. (6) The following establishments or enterprises involving largo assemblages o±: people or aut=ebiles, except these usee are soecificaily excluded from the P-1, R-2 Fcqd the 2-3 Zons. (a) Amusement Parks. (b) Circuses, crnivals an faia: grOUndSu (C) Horticultural gardens (where admission is charged). (d) Open air theatres, including Drive-il Theatres. (e) Race tracks and rodcos (f) Recreational centers privately operated'. (7) Hospitals, sanitarj.ums andmental. hospitals, except that these uses are specifically excluded from the R-1 Zone, R-2 Zone and. R-3 Zane. (8) Natural mineral resources, the development of with the necessary builidings, apparatus or a-oputenances incident thereto. (9) Public utilities or utiljties oporatd mutual agencies consisting of water wells, electrical sulpstation.s gas metering sta tions, teleohone exchanges and -0owrDoost ()=:-c_nve7fsion olants with the necessary buildings, Eopayatu o2: ,.Artenancos incidont thereto,but not uding distribution T:,ain3. (10) Radio or television t:71.tters (11) Tanks and Towers whor recfuircd in n -Zone, *ncidntal to M -Zone uses., ON 2;' YARD IEQUI=ENTS„ TL port for rql:,c(.71 front, side and rear yards applicaLle ic the -...3ar'..:±cular in vhich anysuch use is proposed to be locatedshall prcrail, anioss in the findings and conditions recited in tho oli? the C:.ty dealing with each such matter, sDecific -o-c-Tiscns are no respect thereto. -26- SECTION 3 HEIGHT AND AREA TEOIREMENTS. The provisions for height and area aoplicable to the particular zone in which any such use i proposed to be located shall prevail, unless in. the findings and conditions recited in the rsolution of the City Councii,dealing with each matte spccific provisions are made with respect thereto. SECTION OFF-STREET PARKING REOUTREMEITS. Provisios of off-street parking requixements applicable to the particular Iwne Li which any such use is proosod to be locatd shall prevaiJ, un- less in the findingz; and comfations recited in the resolution of thc. City Coucil dealing with each such matter 00C Li provisions are made with roc: theroto. ARTICLE 13 GENERAL PROVISIONS CONDITIONS PJ,ID EXCEPTIONS USE SECTION 1: FO2EGOING RECULATTONS SUBJECT TO THIS ARTICLE. The foregoing regulations pertaining to the several zones shall be suhlect to the general provisions, conditions and exceptions con- tained in this Article. SECTION 2: LIMITATION OF LAND USE. Except as provided in this Article, no building shall be erected, reconstructed or struct- urally altered, nor shall any building or land be used for any pur- pose, other than is specifically permitted in the same zone in which such building or land. is located. SECTION 3: APPROVAL OF ACQUISITION AND USE OF PUBLICLY OWNED PROPERTY, When the Commission pursuant to the provisions of Title 7 of the Government Code, known as the Conr5erYation and Planning Law approves the acquisition of any square, park or other public ground or open space, by any public entity, 11 may :Ln its approval designate for what purpose such propertv may be Used and. when so approved s 'eh property may be used for any use designed pursuant to this section in addition to those uses perlii.tted in the zone in which such prop- erty is located. SECTION 4: ClqUanON OF AlUTGUITY OR 07JSSICIII, If ambiguity or an omission arises concerning Uao appropriate classificatjon of a particular use within tha meaning and intent of tlais ordinance, OY if amIguity exists with .cospect to matters of height, yard require- ments, area requi:cements or none boundaries, as set forth 1=ein and as they may Dertain to unforeseen circumstances, it shall b :ho duty of the COMMiSSiOla to asceftain all pertinent facts and by Resolution of Record set jand its interpretation, and such reso- lution shall be f0lip7t id to the City Council and if e(poyoyed by the City Council. thereafter such iyAterpfc2all govern. SECTION 5: OUTDOOR ADV1,2ISIG DIETLAYS OR OUTDOOR LDVERT- IING STRUCTURES. A. Notwithstandinq any other provision of this or6inan0e no outdoor advertising structure or outdoo:;: advertising display shall D e plaoed in the hereinafter dc-, azza in the incorpratefa - tory of the City of Boamlont Th area, OY hereinabeve refc7:,:a7- ed to are described as follows -27- (1) The areas extending five hundred (500) feet on either side of the centerline of any highway designated as a State Free- way or County Freeway. B, This Section shall have no application to the follow- ing: (1) Signs so located that the matter displayed thereon is not visible to persons or passengers upon any thoroughfare desig- nated in paragraph A. above. (2) Signs used exclusively (a) for the display of official notices issued by any court or public body or official, or for the posting of notices by any public officer in the performance of a public duty, by any person in giving legal notice; (b) for direction, warning of informational purposes of a public or semi-public nature, directed and maintained by an official body. (3) Signs which are used exclusively to advertise the ownership, sale or lease of the property upon which such sign is placed, or to advertise a business conducted, or services rendered, or goods produced or sold, upon such premises, or any other lawful activity conducted upon such premises, provided -- (a) Flashing and rotating signs shall not be so located that any green, yellow or red light thereon will materially or practically tend to interfere with approaching drivers readily distinguishing them from a traffic siomal. SECTION 6: TEMPORARY REL ESTATE TRACT OFFICE. One temporary real estate office and one temporary real estate billboard not to exceed one hundred and seventy (170) square feet in area may be located on any new subdivision in any zone, provided that such office and billboard shall be removed at the end of one (1) year from the date of the recording of the map of 'che subdivicion upon which said office and bi3lboar6o are located. SECTION 7: TEMPORARY CONSTRUCTION P;UTLDINCS. Equipment and temporary structures for the housing of tools and equpment or con- taining supervisory offices in connoction with major construction projects may be established and Iczintaied during thc progress of such construction on such projects; p2:ovidod that such temporary structures and equipment may ncf be maintained for a neriod ex- ceeding one (1) year. SECTION 8: REQUIRED OFP-STRET PAR.KTNG. Every main building hereafter erected, reconstructed or structurally altered, shall be provided with permanently inaintained aCcomobile narking soace as provided in this ATtiele. Fach snoh spacc shall be paved or other- wise hard surfaced. to eliminate dust and mud alld, as to location, shall be subject to the same zestrictions goveraing accessory buildings so •defined in the Zone in which said '7;arkinc-1 soace is located. (1) Dwellings, apartments, motels and tourist courts; at least one (1) parking space on the same building site for each unit. (2) Hotels, clubs, boarding and lodging houses At least one (1) such space for every two (2) individual rooms or suites. Such parking spaces hall be located within three hundred (300) feet of building site. (3) Hospitals, mental hospitals, guest homes, convales- cent homes sanitariums, rest homes and similar institutions; at least one (1) such space for every two (2) hods and in addition thereto, at least ono (1) such space for ovary two employees staff members on duty at any one time. (4) Church and educational institution auditoriums; at least one (1) such space for every five (5) seats or for every thirty-five (35) square feet ef gross floor area in the auditorium, whichever is greater. SECTION 9 REQUIRED OFF-STREET PARKING IN ESTABLISHED "C" ZONES. In a "C" Zone, whon areas whollv or pnrtially sub divided or imerOved.with conforming buildjngs and uses on lie date the provisions o this ordinance become alicable to it, not less than fifty per cent (50) of the arca o -f:: The site of every main building hereafter erected, reconstructed ;.a- structurally altered shall be reserved for of.: -strct earkinq acceKmodations, provided.. thaL where practical difficulties exist with reseect to meeting' Ihe standards herein prescrii, the Planning Commission may, :Ln the manner provided for considering. -lariances, qraflt modified and conditional use permits therefor, e:cel.)t that no public hearing need be held. SECTION 10: 'REQ1JT2F.D PUBLIC PARKING ARES FOR "C" USES IN AREAS OF NEW DEVELOPMENT. There shall be areas aside for public parking purposes in connection Id:h commercial uses in ares of new development as follows: (1) Not less than fiftv per cent (5() of areas sifi- for "C" uses shall be roserved for and &(-Inate2 as -oubl:ec of parking areas. Properties so desinatcd shal3 be devoted exclusively to -oayking ani raav not be oc:;..cd buildincf implrov,-- ments or oTher uses th.,:it vould derease 71a.1-hiRg :Jaci)3tie. Areas thus designated for -oaKking facilities ne.c.1. not attac1-1. to oT b contiguous to each lot or site. to Eo far es practical each block :04:)und,..:,.c1 17,7 .TLrector CD7 T)3y-i.:1;on of such. block shall be considered a unit -which Ref:1 ftv cent (50/,) of the a-rea clasr.;ified :-pc.1c2 shall be reserved for paYkin.j. (2) Inthe that 2,:7- vun becaJ5 e of size, shape tcpogra. placnt, be provided. with .F.1. usable . Lc coT.Pisslca v plan for an areacons'.,_2,,u!::.f a palr.z. cy.[:: a block, a -22- or more than one block, indicating precisely the manner in which such required parking area may be practically provided, notwith- standing the fact that the areas to be employed for parhing facili-. ties may not individually attach to each block or portion of a block and upon the adoption of such official plan, parking facilities and other features of development shall conform thereto. SECTION 11 REQUIRED OFF-STREET PARKING IN ESTABLISHED "M" ZONES. In an "M" Zone every main building heyeafter erected, re- constructed or structurally atered shall provide permanent off- street parking accommodations on the site or within six hundred and sixty (66n) ---eet c) tho tc) accomote CL7CS eciva3 inmmor to fifty or cent (5V,) o -Z noex. ,.m.-91.yod. on th,z premisC. as estab:id bv a L:;11 statill3nt filed ,tith e office of the CoLiison, bv 1:(DezycT twy-.fivc paY vont (2) of the area of tlAe sjte, .,7hichey= is SEC= 12 2EgGJD 0.:TST=ET WOES IAREA3 OP NEW DEVELOPIENT HUN PPC;VED CZY, In cIlnc,ctioll w:i.th •i. a1 uses j.n anZcae the qui:i:cLont that every industyial enterprise provide parking facilitie on it,1 own pa:emiscs need not apply if common facilities aro TDrovided in an amount equal to twenty- five per cent (25%) of the arca olj pzopoyties contained within a block where such block consists c,f a site or sites cOmpletely surrourd ed and bounded by streets or xailoads, and provided such common park- ing facilities shall be so desicjnated. and located that such parking facilities shall he not farther than si7,: hundred sixty (660) feet from the properties within tho ,ame block to bo served the,Teby SECTION 13: PARKING PROVISIONS MAY BE WAIVED BY COMMISSION The Commission may by 7:os0lutio1 aive ox. modify the provisions as herein set forth establishing :cequixed parking areas for uses such as electrical power cOnezating plants clectrcal transforer sta- tions, utility 07 corooration storage yards or other lAseo of a nature requiring a vezy limiIed nulltbe oZ SECT= 14 PRG RECZJI: Y‘.7) n-ifi" ZONE NAY BL =PIED PLANNT-IN CC .L la h.40,,11= oj..z, shape, topcgraphv placcD.en:: any g7:a o-12 a Lock cannot practically ;Do 2.:c-c,,,.;:ta it0 oX6PZ5 1?-1.anin(". Cc,7=.:11 p-zaTi66. by law doveloo c C±juz %20-1 of a of :1! " , 0, ,,— ci.soly thenannoY_- in w:lich ;.':ra-2_7.kinc;, area -faav ticaily providd ao a7,:cao to 0 'p- . block oz portion a i..:7,1ock a6optica of 17:,172h official • Plan, ',parking; faciitio:; clad otday,7d.cpIi=t 3han confoym theyeto, SECTION 13 0 �tE;N PARKIKG AREES sT" 0.2 "M' 2,01;iT.ZL p.a-znq J.not in6Acate on a subdivision of YCOOY:d OY app7covd. by the Planning ab: to Lc, off-street Durkng Jrn in the manner providod If -Faa and the business site be 170-_,:c 'clan cio and maintenance cc.Y..13 ±:ny fo-z either of the following -0- (1) By covenant or contract between such property owners. (2) By the creation of special districts and the imposing of special assessments in any of the procedures pres- cribed by State Law. (3) By utilizing the authority resting in a parking authority, as provided by State law. (4) By dedicating such parking areas to the City for park- ing purposes, provided the acceptance of such dedication be approved by the City Council in each individual case, ox by the establishment of a controlling policy with res- pect thereto in the manner provided by law. SECTION 16: IMPROVEMENT OF PARKING A1MA AND USED CAR SALES AREAS. Every"public parking area","semi-public parking area' and "used car sales area" permitted by thi_s ordinance shall be improved a follows: (1) Every such parking area and used car sales area shall be paved. (2) Every such parkir.g area and used car sales area abutting property located in o of the "R" Zones shall be separated from 1 such property by a solid fence or wail six (6) feet in height, pro- vided said fence or wall from the front property line to a depth equal to the required front yard on such property located in one of the R" Zones shall be forty-two (42) inches in height. (3) Every such parking area and used car sales area that is not separated by a fence from a street Pon which it abuts, shall be separated from such street by a suitable concrete curb or timber barrier no less than six (6) inches in height located not less than two (2) feet from the property line and securely installed and maintained, provided, no such curb or bay:rier shall be required across any driveway or entrance to such parking area or used car sales area. SECTION 17: ILL= OF PARK7N4 AND USED CAR SALK.' AREAS. Any lights provided to illuillinate auy "public palking "cemi-pablio parking area", or 'llsod car sales ala" pormited by ' this orddnance shall be a:rrEmed so fAs to :::ef:;ect the light fYOM any premises upon which a dwelling unit is lecated, or may hereafter be located, and .v ouch light shli be so ar:,:an4ed as iro reflect into any public highway :Ln such a man= as to bo a hazard to traffic SECTION 13: REQUIRED LnADING SPACE. Every :main bui161ng hereafter erected or structurally altore or designed or used for commercial purposes, other than. offices OY in6ustrial purposes in a 'C2' or "M" ZORO shall be provided with loading space as -:Jellos: (1) -When such building is located upon a site contiguous to a public alley it shall be =rie:cd with a minim off-street or off -alley loading space twenty (K) feet in depth (extending the enUre width of the building)and which c.:7,itance shall in no case beloss than forty (10) feet and Zourteen .1/A feet inheiuht. ARTICLE 14 GENERAL PROVISIONS CONDITIONS AND EXCEPTIONS YARDS,HEIGHT AND AREA SECTION 1; HEIGHT OF PENTHOUSES AND ROOF STRUCTURES. Pent- houses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smol—,stacks, wireless masts, and similar structures may be erected above the height limits by this ordinance prescribed, but no penthouse or roof structure, Gr any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of Providing additional floor space. SECTION 2: YARD REGULATIONS, Except as provided in this Article every required front side and roar yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any baildina for the purpose o complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building, and no yard or open space on any adjoining property shall be considered as providing a yard or upen space on a buildinj-site whereon a building is to be erected,. When the common boundary line separating two (2) contig- uous lots is covered by' a buildina or permitted group of buildings, such lots shall constitute a single building -site and the yard space as required by this ordinance shall then not apply to such common boundary line. SECTION 3: MODIFICATION 01REQUIRED FRONT YARDS. The depth of required front yards may h.e. modified on lots intervening between lots having non -conforming front ya:rds or between a lot having a non -conforming front yard and a vacant corner lot. A non -conforming front yard shall be deemed to be an area which is greater or less in depth than that dr ined by this ordinance as constituting a re- quired front ya:cd. (1) The depth of anon -conforming Lvont yard and the rear U ne thereof ohall del.o.ed to he coincdent with that. portion of Li'. main building lying '2oses,:LC the 2ront property line„pro- vided that the dege of nenconforz.ity to he nermitted in either frou the roar line requirod frorlt yad, shall in no instance exceed sit 7 per cont W' 1-cquiKed front yard depth. (2) The rear line ruozesenting the darDth o2 a no6Afied ,front yardon any ict as def:tnd, 'Iom 1 c;-: this Section shall established in the following .1.==: (a)ii, point shi. 13,e estlj.F.thod on Lmpreved lot having a non -conforming or conformin froTlt yard 1-.Dc:-;7wPn which aro located lots needing adjusthleilt, and such -_)oint shall :Do lz-,eated at the intersection of the rear Une of such 1: :'c.:: yard with line constituting the center line e-;, iiuch lot. (b) A straight line shall be drawn fromsuch point across any intervening unimproved lot or lots, to a point similarly es- tablished on the next lot in either direction on 'Which a main building exists which establishes a conforming or non -conforming front yard. (c) The depth of the modified front yard on any lot travers- ed by the straight line defined in Item (b) above, shall be est-al:- lished by the point where said straight line intersects the line con- stituting the depth of each such intervening lot. SECTION 4: YARD REQUIRMENTS FOR PROPERTY ABUTTING HALF - STREETS. A building or structure shall not be erected or maintained on a lot or parcel of land which abuts a highway having only a por- tion of its required width dedicated and where no part of such ded- ication would normally revert to said lot if the highway were vacated, unless the yards provided and maintenance :Ln connection with such building or structure have a width or depth of that portion of the lot or parcel of land needed to comTplete the hiqhway width, plus the width o:: dapth of the yards recured on tho lot or parcel of land by this ordinance, if any. This section ap'olies to all zones and applies 'dhether o not yards are required. This section does not require a yard of such width Or d.pth as to reduce the build- able depth of a corner lot to less than forty (40) feet. SECTION 5: MEASURENT CF FRONT YARDS- Front yard require- ments shall be measured from the fronop, line or the indica- i-ed edge of a street for which an official plan axists or from the edge of any setback established by a setback. ordinance. SECTION 6: FRONT AND SIDE YARDS NOT REQUIRED FOR DWELLINGS AND APARTMENTS OVER STORES. Front yard and side yard require- ments shall not be applicable to dwellings and apartments erected above stores. SECTION 7: CORNICES, EAVES, ETC. MAY PROJECT INTO REQUIED YARDS. Cornices, eavos, bolt courses, sills, buttresses OY other similar architectural features may extend or project into a side yard not more than to (2) 1.71chos for cach one (1) font of the width of such side and SECTION 8: PIRE ESCPES YlAY PROJECT INTO YARDS. A fire escape may extend or 7.)roject aa7 -Zront,siCe or :car vard not more than four (4) feet. SECTION 9: STATEIAYS Bpc;_er P'ROJECT INTO FRONT AND REAR YARDS.c ocunencicsd sta*rway or balcony not cov- ered b7 a roof or canoov may o:T.tcnd or ro, ct :.nto a required rear yard not more than four (4) :Joet anra into a required front yard not more than (CO) inchss. SECTION 10: IJKCOVERED Pil20HES 1AAY OJ 0T InTo YARDS. An unooveed Tporch platfori,A or lcIndin ,olace does not extend above the )(ovel of the firt fl.00r o -JS ';he build, ing may eztond or project into c:ny required front, C.O or roar yard more than E3.17 (0) 2eCiv, orovieod onch structure in a side yard shall not i„,,,-3uce to loss than ihrc. ( 9) feet tho un- obstructed pedestrian ay or si(2Lialk on ground level. tiln E• 0 r C.:: f,•• ;:;• • 3 7.:••••..:c.., C.7.1:;„ .0 ,- • I "1.1 0 -17. ffto _,• • •• !•• , •••• • • ..) 1 . . . 1.1 .......:i..7:1,..-•::;:., -.L:.1-.....-..Y.....-:::-; ,l': •',,,- --' :::••• .71 '..-.H..:. ::.....'• -,',"...-.........•• ...,....-2,7 ".!.. ,. li-:'..'„."j2 (..:',..;74 ,,.. 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C.' :.......-.' . not extending above the level of the first floor may project into the side yard upon which such dwellings front a distance of not more than twenty per cent (20'10) of the width of such side yard, but in no case more than six (6) feet. SECTION 17: ONLY ONE BUILDING ON A LOT OF BUILDING -SITE CON- STITUTES MAIN BUILDING. Any building which is the only building on a lot or building -site is a main building unless authorized by Variance. SECTION 18: THROUGH LOTS MAY -BE DIVIDED IN CERTAIN CASES. Through lots one hundred eighty (160) feet or more in depth may be improved as two separate lots, with the dividing line midway be- tween. the street frontages, and. each resulting one-half (1/2) shall be subject to the control applying to the street upon which such. one-half (1/2) faces. If each resulting one-half (112) be below the minimum lot area as determined by this ordinance, then only one (1) single-family dwelling may beo.koEefod thereon. If the whole of any through lot is improved as one buildlng site, the main building shall conform to the zone classification of the frontage occupied by such main building and no accessory build- ing shall bo located closer to either street than the distance constituting- the required front yard en each street. SECTION 19: SUPSTANDARD LOTS. When a lot or parcel has less than the minimum required arca as set forth in any of the zones contained herein or in an official plan and was of record on the effective date of this ordinance, such lot shall be deemed to have complied. with the minimum required lot or parcel area as set forth in any such zone or official plan. The area per dwelling unit shall, however, remain as specified in each zone. SECTION 20: LOT AREA AND WIDTH NOT TO BE REDUCED. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance nor shall the density or population be increased in any manner except in conformity with the rec;ulations established by this ordinance. SECTION 21: G1EATEI LOT AREA OR WIDTH MAY 3E REQUI1ED, Greater lot areas or widths thn those prescribod in the various zones may be required when srsh ql-eater arc,as are ostahlshed by the adoption of an official plan in the manner presc-ribed by law, designating the location and size of such greater required areas or widths, the adoption under this ordinance of a zone classification with indicated greater areas shall constitute an official plan. SECTION 22 DTVTSTON OF LOTS. CYR PARCELS CUNTAINING MORE THAN MINIMUM RMT,RED AREA. When any lot or parcel inany zone contains a greater area than the required. minimum area of the zone in which it is contained, then each unit of the required minimum arca con- tained in such lot or parcel mav be utili:,ed ar.: a soparate lot or parcel, provided that any division does not create mere than four (4) lots or parcels and that each such lot or Ircel thus created has access on either a dedicated onbiic thoroucihfare or a permanently open and unobstructed driveway not loss than inenty (20) feet wide. -35- ARTICLE 15 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS NON -CONFORMING BUILDING .AND USES. SECTION 1: NON -CONFORMING USE LIMITS OTHER USES Nhile a non- conforming use exists on any lot, no new use may be established there on,even though such other use would be a conforming use. SECTION 2: NON -CONFORMING BUILDING IN "C" OR "M" ZONES. A non- conforming building in any one of the "C" or "M" Zones may be con- tinued, provided no additions or enlargements are made thereto and no structural alterations are made therein, except those required by law, ordinance o:e rlPuuation. if air such non -conforming building is re- r-ClaZu-, moved, everytuse or the land on which the building is located shall conform to the provisions of this ordinance. SECTION 3: NON-CONPORMTNG USE OF CONFORMING BUILDING. The non -conforming use of a conforming building or.isting on the effec- tive date of this ordinance,m.ay be continued; provided such non- conforming use shall not be expanded or extended into any other portion of the conforming building and if t;uch non -conforming use is discontinued, any future use of such bujJding shall conform to the provisions of this ordinance; and provided further that all non -conforming uses of a conforming building in any of the "R" Zones shall be discontinued not later than five (5) year from the date the provisions of this ordinance became apolicab:le. SECTION 4: NON -CONFORMING USE OF A NON-CONFORnTNC BUILDING. The non -conforming use of a non-conforminc building existing on the effective date of this ordinance, may be continued and may be ex- ,oanded or extended throucYhout such building provided no structural alterations except those required by lau are made therein. If no structural alterations are made or required a non -conforming use of a non -conforming building may b changod to another use of the same or more restricted classification. SECTION 5: REQUIRED REMOVAL OP NON-CONFORKING BUILDING FROM "R" ZONE. A. Every non -conforming building in any "R" Zone, =eot residential buiTd3ngs, churchos and schools, which non -conforming building was designed or intendcd fOT a use not Dormitted in the "R" Zone in which *t is locata, shall be co c3 x-eyLoved or altered to structurally confc:f. to the asz, peantted in the sone in which it is located vithin heein snecified times, which tim is measured from the ecc;tjvc dai:a of this ordinance, As used in this Section, tho (f.osignations 'Typo I building', Type TY. building","Type III building'Typo IV building", and 'Type V building" are. ,,:cia7)1oyed as Cfixled in the Uniform Building Coe adopted by ordinance. (1) Where 70rOncri-,7 c , inorovad for structures of a tyce foa: which fh.- Unifo.z'z, E,1.4.1ding Co& does not requir a building permi.L thras (2) Typo IV or Type V buildings (ligh and wood frame),twenty-five (25) years” • (3) Type TI or Type ITI buildings (heavy timber construc- tion and ordinary masonry), fifty (50) years. (a) Apartments, offices, hotels or residences having stores or offices below az o apartments or offices abo,re forty ("10) years. (b) Way-ehouses, stores, garaucs lofts, forty (40) years. (c) Factories and indutrial firty (50) yoars. (4) Type I buildings (f:L::e rosistont), fifty (50) years. SECTION 0: T?E=STRUCTION OF NON-CCEPORMING SUILDTNG PARTIALLY DESTROYED. A non -conforming building destroyed to the extent of not more than fifty p0:: cent (50S) of its reasonable value at the time of its destruction by fire, explosion or other casualty or Act of God, or the public oncmy, may be restored and the occupancy or use of such building or part theroof which ex- isted at the time of such destruction may be continued subject to all other provisions of this article. SECTION 7: PEQUIRED DIsocKmallum OF NOg-CON7ORMING USE OF LAND. The non -conforming use of land where .no structure thereon is employed in SUCh e, existina at the time this ordi- nance takes efcct, may be continued for a period of not more than ;:.le(3) years thereafter, provided.: (1) No non -conforming use of the leJld shall in any way be expanded or r,xten&-d either n the SE= adjoining property; and (2) If the no use of land eist:Lng at the time this ordinance takes effect, is thereafter discontinued for one (1) year or more, Or changed, any future use of such land shaJ1 conform with the provisions of this ordinance. SECTION 3: IUQUIRED RE1JOVAL OF CC=RCYAL SIGNS AND -RILL- BOAUS. Commercial sigs and billboards lavfully existinci. diately prior to the time this ordinanc3 becomes effective may be maintained, a:ithough ciE of 2UCh si(Tas and billboards does not conform with thc provisions of this ordinance; v.)rovided that all. such non -conforming. signs and hillboareo and their supporting members shall be completely removeci by crsnot later than three (3) years from the date this ofdinance taks effect. SECTION 9: PROVISIONS OF AKTICLE APPLY TO NON-CONPOEMING USES AND NON-CONPORNING N7F1 27SULTING 7RCA: RECLASSTFICATION. The foregoing provisions of article chall apply to buildings, land and 10 Lr1CC1y re- classification under tlris ARTICLE 16 VARIANCES AND CONDITIONAL USE PERMIT3 SECTION 1: PLANNING COMMISSION MAY GRANT VARIANCE. When practical difficulties, unnecessary hardships, or results incon- sistent with the general purpose of this ordinance result through the strict and literal interpretation and enforcement of the pro- visions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this Article, to grant variances upon such conditions as -14ay be in harmony with its general purpose and intent, so that the spirit of this ord- inance shall be observed, public safety and welfare secured and substantial justice done. SECTION 2: PURPOE OF VAT?_IANCE. The sole purpose of any varianceshallbe to prevent discrimination, and no variance shall he granted which wouldhave the effect of granting a spec- ial privilege not shared by other property in thesame vicinity and zone. SECTION 3: REQUIRED SHOWING FOR VARIANCES. Before any variance may be granted, it shall be shomn: (1) That there are exceptional or extraordinary cir- cumstances o conditions applicable to the property involved. (2) That ouch variance is necessary for the preserva- tion and enjoyment of a substantial property right possessed by other property in the same vicinity and one. and denied to the property in question. (3) That the granting of ouch variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. (4) That the granting of such variance will not adversely affect the comprehensive general plan. SECTION 4: NOTICE AND HEARING ON APPLICATION FOR VARIANCE. Upon the filing o a verified application for a variance by a property omner, or by lessee with the consent of the evnor, which application sets forth fully the grounds for and the facts deemed to justify the granting of the val-iande, iho *Panning Commi.ssien shall give public notice, as provided in Article 18, of the intn- tion to consider at a public hearing the granting of a variance. SECTION 5: PLAUTNG CaMTPSION MAY GUhT CrODPT=AL USE PERNITS. The Planning CopraisF°ion 7aay c7-an't: n Conditional Use Permit,upon application, fo,- such matters as hv thL3 ordinanco are recjui:a to be reviewed and a13oIled only non the grantjng. of a Conditional Use 1)ormit. clfl -00- SECTION 6: PURPCSE OF CONDITIONAL USE PERMIT. The purpose of a Conditional Use Permit caall be: (1) To assure that the degree of compatibility made the purpose of this ordinance shall be maintained with respect to the particular use on the particular. site and :in consideration of other existing and potential uses within the general area in which such use is proposed to be located. (2) Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibrations, odors and hazards. SECTION 7: PLANNING CONMISSION SHALL MAKE REPORT ON FINDINGS AND DECISION. Not more than twenty (20) days following the public hearing on a variance or conditional use permit, the Planning Commission shall announce its findings by formal report and said report shall recite, ar,ong other things, the facts and reasons which, in its opinion,make the granting or denial of the 'variance or conditional use permit necosary to carry out the provisions and general purpose of this ordinance, and shall order that the variance, or conditional use rc it, be granted or denied, and if such report orders that the variance, or conditional use permit be granted, it shall also rocio.such conditions and limitations as it may impose. SECTION 8 REPOTC OF PLMTITNG COMISHON ANNOUNCING FIND- INGS AND ORDER SHALL BE WYBERED Ann KEPT AS PERMAILJ NT RECOU. The formal report of the Planning Commission announcing its findings and orders after hea-cing on an application for a variance or conditional use permit, shall be IlAmbercol consecutively in the order of their denial or passas. aid shall b000xe a permanent record in the files of the Planning Cemmisslin. SECTION 9: NOTICE OP DECTF:JON OF THE PLANNING COMIISSION. Not later than ten (10) days following the rendering of a decision ordering that a variance or a canditi use permit be granted or denied, a copy o2 thereport shall be mailed to the applicant at the address shown on the application filed the Planning Commission. SECTION )0: EPFECTIVE 'if,,TE; OP 0...RDE (7:TANTING OR DENYING VARIANCE OR CONDITIONAL USE PEMIT. TIME POR APPEAL, The order of the. Planning ConDisoion in_ranting or denying a variance Cr conditional ase porit shall eco-zi.:.e b.nal and effective ten (10) days after the rende7ing of its root qzanting oa: denying the variance or conditional ruse pnrn:.t uniez;s ,Athin such ten (10) day period.V appeat in .Nritin;j Mod -7Jith the Cii:y Counoti bv d1.s2atified u'ithdecisior: of the. P37.anning Commission. The 2i3ing of suchappoal within such tio 1Lan shall stay the effective date of execr of the Planning C. on until such time as the City Council has Faced. on -::he appeal aF..; herea:IL:to set forth in this ,,Dranance. SECTION 11: TANS:J1ISS1 PLTMING CC169ION'S REC03D TO THE CTT Z COUNCYL, "J=:= rcc:)t of a wrilten with the City Council as p:;:oyid,,(1 thezeupen tranmit to thc, Civ Corlacil Coyalso's comleto record of tIle case. SECTION 12: CITY CGUNC_L TO HOLD PUBLIC HEARING ON APPEAL. Within not to exceed forty (40) days following the receipt of the written appeal the City Council shall conduct a duly advertised public hearing, public notice of which shall be given as provided in Article 18. SECTION 13: CITY COUNCIL, TO ANNOUNCE FINDINGS AND DECISION BY RESOLUTION. The City Council shall announce its findings and decision by formal resolution not more than forty (40) days follow- ing the hearing, and said resolution shall recite, among other things, the facts and reasons which, :in the opinion of the City Council make the granting or denial of the variance or conditional use permit necessary to carry out the general purpose ofthis ordi- nance, and shall order that the variance or conditional use permit be granted, denied or modified subj ect to such conditions as it may impose. SECTION 14: D C F!TON OF THE CITY COUNCIL, SHALL BE FINAL. The action by the City Council on such matters shall be by majority vote of the entire Council, and shall be final and conclusive. SECTION 15: NOTICE OF DECISION OF THE CITY COUNCIL. Not later than ten (10) days following the adoption of a resolution ordering that a variance or conditional use permit be granted or denied, a copy of said resolution shall be mailed to the appli- cant or opponent, or to both i they be different parties, and one (1) copy shall be attached :o the Planning Commission's file of the case and said file retu n d to the Planning Commission for permanent filing. ARTICLE 17 AMENDMENTS SECTION 1: ORDINANCE MAY BE MENDED. Boundaries of the zones established by this ordinance, the classification of prop- erty uses therein, or other provisions of this ordinance may be amended whenever public necessity and convenience and general wel- fare require, SECTION 2: i\ ti.::T Ir!fm�VDitrTb TmciC:IC1ts of this ordinance may be initiated by: (1) The verified application of one or more owners of property proposed to be changed or reclassified. (2) Resolution of intention of the City Council (3) Resolution of Intention of the PSanain��,�j Commission. SECTION 3: APPLICATION 1-O2 1a14:;;NME. '`:w`.:.i•eve"_ h ow - of any land or building desires an am nd2en , supplement to Or change of the regulations prescribed for :a 1: o pe i y, Xho shall file with the Planning Commission an vq ,F cion therefor veri- fied e'rif?ed by him, requesti_ng; such Elia ndme L . SECTION 4: COMMISSION TO HOLD HEARING. Upon filing of a verified application for an amendment, or the adoption of a Reso. lution of Intention by the Planning Commission or the City Council, the Planning Commission shall hold one (1) public hearing thereon, as required by Chapter I, Title 7 of the Government Code of the State of California for the adoption or amendment of official plans, nd notices of such hearing shall be given as provided in ArtiC10 18 of this ordinance. SECTION 5: TIME FOR HEARING. The hearing required for an amendment to the official Land Use Plan hereby established shall be held not later than forty (40) days following the filing of an application for such amendment or the pnssage of a Resolution of Intention by the Planning Commission or the City Council. SECTION 6: COMMISSION TO ANNOUNCE FINDINGS. The Planning Commission shall announce its findings by formal resolution not more than forty (40) days following the final hearing, and said resolution shall recite, among' other things, the facts and reasons which, in the ooinion of the Commission, makethe grant- ing or denial of the amendment necessary to carry out the gen- eral purpose of this ordinance. SECTION 7 NOTICE OF COMISSTON'S DECISION WHEN APPROVING. When the Commission's action is to approve an application, the Commission shall, within ten (10) days from the date of such action, notify the Applicant by forwarding a copy of the resolution to the Applicant at the address shown upon the application, and shall for- ward to the City Council a copy of said resolution, together with the complete fie in the case. SECTION 8: NOTICE OF DECISION OF COMMISSION WHEN DENYING APPLICATION. When the action of the Commission is to deny an application, the Commission shall, within ten (10) days from the date of such action, notify the Applicant by forwarding a copy of the resolution to the address shown uoon the application. SECTION 9: COMMISSTa ACTION FIHnT, DE FINAL WHEN DENYING APPLICATION. The action of L Planing Comissjon in denying an application for amendment shall be final and conclusive unless, within ten (10) days follauin the action cfppeal is filed with the City Council by the Aoplicant in writincf, SECTION 10: TRANSMISSION OF COMYISSInN'S 17CO21-) TO THE CITY COUNCIL. UT,on receipt of a written apeeld filed with the City Council by Ihe Applicant, the Clerk of the City Council shall advise the Secretary of the Planning Commission who shall transmit Lo said Clerk of the City Council the como3ote reco-rd in the case. SECTION 11: CITY COUCIL TO FOLD PUBLIC HERIL:G c APPEAL, Within not to exceed forty (40) days following receipt o the Resolution from the Plannina Commission, or the filing of a written apneal by the Applicant in case of a denial by tho C=11- ission, the City Council shall conduct a duly advertised public hearing on the matter, 3-Jublie notice for Ihich shall be given as provided in Article 18, -41- SECTION 12: CITY COUNCIL TO ANNOUNCE FINDINGS AND DECISION BY RESOLUTION. The City Council shall announce its findings and decision by formal resolution not more than forty (40) days follow- ing the hearing, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the granting ,; :C' denial of the amendment necessary Co carry out the general purpose of this ordinance. SECTION 13: DECISION OF CITYCOUNCIL SHALL )EFINAL. Thee theiaction of the City CouncilCouncilOr the matter :tO amendment�-ysh�Sl U. be b��majority s oR e of the en ! ( m M1 K_s Seip of•thei"'-1 y Council and shall be final and conclusive r':.t ept, however, e_.* }.a the decision is „contconinrar r 3 oo the recommendationi Planning Co: ST ss�i he rary?J. `l..:. t .::�. 3 .U23, .��..:... City Council shall request afurther '7~_ ir;; _ .�? Planning iig C<?iti;ia- ission before it makes its dC u..._.__on in :1 _a. -re of the Planning Commission to act 'r:Fi this request within (4 0) d=?y, of notifi- cation o:the Council's Ca l (itr(t»alsimake :he City Co nc ll7 adverse decision _ _G_. SECTION I. NOTICE OT C 1F DECISION BY CITY COUNCIL. Not later n;e: than den (10) days following the adoption of said resolution by the City Council, oTtG (1) copy thereof aha be forwarded to the G Applicant at the address shown upon the App?ication, and one copy (1) shall be attached to the file e on the case and :he com fete file returned to the Planning Commission for pa man •,n_ rThng. ARTICLE 18 PROCEDURE, HEARINGS, NOTICES AND FEES SECTION 1: COMMISSION SHALL PRESCRIBE FORM OF APPLICATION BLANKS AND TYPE OF INFOR.M.TICN The Planning Commission shall prescribe the form in which applications Mion s are raade for changes in lone boundaries or classifications, o for variances, conditional use`r permits >' rsunclassified fied Ll permits. ra ts. Itmay p ._ c :,n .� fr YC. .� �'L+.% or i.._..G.%�.Ca. e.: a. � �` � +: �; 't'' yt.t7.0 �' X o'^ ride:, a kr_i 6J r' `,: t X pU_t oso t'y'pe of informa- tion. to be provided. in the application .,y the .:4 O?.icant. No application shall be cCGeDCCdless it c "�ith such require- ments . SECTION h '( B O I a nr is S �j.'- P p i �i!;t-,'�r^t�� �'1t -� ar c..,._e r �,�%SLs.i_iLlt''.� � i" .i�.+,�t 1 t�,� 4 1 1. .i. tis .J!:51..''.,�. .4._�.,) _. _ _ _ !_ _�.i„ . �.. S v1tI.J 4 f signature of Rhe_.. _;ons other l__iC,_ ;:he v ',..io__ s i .. �: ':f. t i akin('.`i + ttheapplication - '' u e F" .1 .'• r.7': e f ` f 5 '�. _11�.: aro 5� .. �'�� .... _. •... _� f_, ;. %J.� .1...,, ,.G ..� .� S�. sJ't:_ :,t�l -._ 1 opp- osition i'S7,-s '" �s 'i '�an t D !_ ^o ' •i r s they 1 ?� b y e c a i ' .__ .. �.. .'t: ! c e of s.3 a_ -�. !`:1�5 to, Cs. �✓�✓..__...1...:.? L .,�.r '.. .,. J __ ... s, �1-.:ki �... notice having been served upon ihe. of t"_, pen .. as evidence of their 00 S.i:' +' en 'j•e }t ': C..�.;':Y� shall in no wase in : ...E_1.yitw upon Lh.3 .a.=.ee r_ tit+clso of the yo -,yrs vested in the City ,'?�a.i,� as ^.- : s'�"�t ed : the P,�_� n ,�. F_ wit,: �.s_t 1. y of Beaumont t �:.$C}_C �....�.d. :�, . :. � �i_.il�. i .'!.' C�z Commission and Cit SECTION 3:APP LITIJ1 PAT OF PERMANENT RrVRP AlDo - lirat ono filed puc.int to this ordinance : onn_ secutively in order of their :H{ eJid J 5 bcome C. part of the permanent official records of the Planning Commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates or affidavits of posting mailing or publications pertaining thereto. SECTION 4: FILING PEE FOR A RECLASSIFICATION OR AMENDMENT. A fee of Twenty-five (25,00)Dol1ars shall be paid upon the fil- ing of each application for a reclassification OY amendment as provided for in this ordinance, In those cases where nore than one (1) record lot is involved, the above fee :is applied to the first lot or portion thereof and there shall be an additional fee of One ($1,00) Dollar for each additional lot or nortion thereof,provided, however, whero the property involved has not been subdivided into lots of 1e;3s than one (1) acre, the addi- tional fee shall be Th -r. M.00) Dollars for each adcational acre, or portion thereof This fee shall be for the purpose of defraying the expense of postage, pestin7 advertising alni other costs incidental to the procedings p7:esc..had heroin. SECTION 5: FILING FEE FOR VARIANCE. A. -lee of Twenty N20.00) Dollars shall hP paid 11 -eon the filing of each aoplication for e variance as provided for in the ordinance, for the purpose of defray ing the expense of postage, posting, advertising and other costs incidental to the proceedings prescribed herein, provided no fee shall be required for filing an applicatiea for a special use per SECTION 6: SETTING HEARINGS. Al.... proposals for amending zone boundaries or classifications of property uses, within such zones as are defined by this ordinance, or the granting of varian- ces 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 Clerk of the City Council for hearings to be held by the City Council. The date of the first of the hearings shall not be loss than ten (10) days nor more than forty (40) days from the time of Tiling of such verified application or the adoption of such resolution or the making of such .motion. SECTION 7: NOTICES. Notice of tire and place of public hearings shall be given in tho.feHow:Lncc ma=e: (1) Noticc of any public hearing uon a proposed. amene±pmt to this ardLaance_ or to -Lhc ap which is a part of this ordin;D.nce, shall he given by at least no (1) publication, in a n%-n:an,per of general circulation in the City of Beaumoni: at least ten (10) days before the date c.)- sajd hearing (2) Notico of public hoaxing to consider a variance condi- tional use permit Or unclassified use. -0eunit shall be given by any one or more of the 2 o!3.o;inc methods: I. Pub7ication, as requi3:od. S:or an amondment 2, Posting- az set forth in paragraph (3) followi.ng; 3. Mailing a .',Ily:itten notice not less than ten (10) 1 3 - days prior to the date of such hearing to the owners of property within a radius of three hundred (300) feetoof the exterior bound- aries of the subject property, using for this purpose the last known name and address of such. owners as shown upon the current lot books of the County Assessor of the County of Riverside. (3) The notice to be ostd as required under 2 above shall consist of the words 'Notice of _Proposed, Change of Use Zone Boundaries 07 Classifiction', or "Notice of Proposed Variance', "Conditional Use Permit', or 'Unclassified Use Permit" as the case may be, printed in plain typo .with letters not less than one inch in heiaht and a statement in 12 point type setting forth a description of the property under consideration, the nature of the proposed change and the time and place at which a public hearing on the matter 12al1be 1d notice shall be posted each one hthAred fifty (150) feet along both sides of the block in the district in which said property is situated. SECTION 8: REQUIRED INFO=TION IN NOTICES. Not less than the following informations1,,all he givr,ri in al:; notires. (1) Description of property under coisideration (2) The nalure of the proposal. (3) Time and place at which public hearinc!, or hearings are to he laeld. SECTION 9: INVESTIGATIONS. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon an application set for hearing, including an. analysis of precedent cases as will serve to provide all necessary information to assure action en each case consis- tent with the purpose of this ordinance and with previous amend- ments or variances. SECTION 10: PE2MAKENT FILE8 SHALL UOUDE STILYTZ Op TEF3T- IKONYg A ;Tummary of all peztinent totimony offozed at ifnc, public hearings held in connection -7-ith an aoplication filed. 'our- suant Lo this o:c6Ananco, and I.7:he nao7::.af; of 7,c,orsons ',702f)fyin bo recorded and 17.7.),(13 a part o:12 the oeraanetales of the caso. SECTION 11: hEAIRINGS Miff BE CONT=D 'WITHOUT RECOURSE TO PUBLIC 'NOTICE. If, for any testiony on any case sot for public hearing cannot b co-2-1eted on the day. ..Fo7r: suchhear- ing, the Crmissionor such plIblic 7 -tearing p.:J-1.y, before tho adjournent or roco‘ss ThaTeof eblicJ. annoance thc tiEc and place to, and at. which, hearing i11 ic contimled and without recourse to the form of vablio notice in tho, first instance. SECTION caYoIssauA FSTABLIEHE ()Wi .1.no L,oL.Li- ission may establish its on 1-u3co for thc cc)naict Of 0111-)1-ic hearings. ARTICLE 19 INTERPRETATION--PURPOSE--CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirement for the promo- tion of the public health, safoty, comfort, convenience and gen- eral welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agree- ment between 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, coven nts or agreements, the provisions of this ordinance shall control. ARTICLE 20 =ITS—LICENSES SECTION 1: NO MULICTING LICENSES O PERTHTS STALL BE ISSUED. All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by lam shall conform to the provisions of this ordi- nance. No such license or pormit for uses, buildings or pur- poses where the same would be in conflict with the provisions of this ordinance shall be issued. Any such license or permit, if issued in conflict with the ovisionereof shall be null and void. ARTICLE 21 REVOCATION 02 PEPTUT!.3 SECTION 1: PER1iIT5 NAY 13E WOKED, The 'planning Commiss- ion may, after a public hoar'n,j hold i tho manner prescribed in Article 18, govorninu variance o and conditional use -)ormits, re- voke or modify any °omit or vLrianco approved and issued by it- se3f on any one or more ()J.' the following grounds: That the a)proval was obtained by fraud. (2) That no uso for soch approT;o1 was granted is not boing e:-oorcieeo- (3) That tho use for ii±ch suoll approval was g:raniod. ceased r)r been suo:o2ncled for ORO (1) .7ear or more. (4) That the permit or variance granted is being, oz recently has been, exorcised contrary to the terms or conditions of such approval, or in violation o';' any Statute, ordinance, law or regulation. (5) That the uso for which tho atproval was granted was so exercised as to be det"-imental to the public health or safety, or so as to be a nuisance. SECTION 2: EXPTRATTa. Huy permit granted by the Planning Commission or City Council automatically becomes null and void if no exercised within thc. time s:oecifiod in the permit or if not used within one (1) year from date of aporoal, ARTICLE 22 PENILTY SECTION 1: VIOLATORS PUNISHABLE BY FINE AND IMPRISONMENT. Any person, firm or ccmporation violating any of theprovisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than Three Hundred (300.) Dollars or by imorisonment in the County Jail for a period of not more than ninety (90) days, or both such fine and imprisonment. SECTION 2: EACH DAY A SEPARATE OFFENSE. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense every day during anyportion of which any violation of any provision of this ordinance is committed, continued or permitd by such person, firm or corp- oration, and shall be pullishaIqe therefor as provided for in this ordinance, and any use, occupation or building or structure maintained contrary to the 17)TOViSiCIIS hereof shall constitute a public nuisance. AYTICTE 23 17:zarmaT An REPEAL SECTION I: 01-dinances 22t.> and 264 of the. City of Beaumont and all other ordinances or parts thereof which are in conflict with the provisions hereof are hereby repealed with the passage of this ordinance. SECTION 2: CONTTIc'UATION OF EXISTING LAW. The ProvIsions of this ordinance insofar as They are substantially the same a any of the provisions of ("reinr,ace 226 repealed by this Article shell be construed as restatements and continuations thereof and not as new enactments. SECTION 3: PENDING PROCEEDINGS NOT AFFECTED. No hearinc7 or other proceedings initiated or commenced before this Article takes effect, and no right accrued, is affected either by such repeal or by provisions of this ordinance, but all proceeAlre thereafter shall conforir, to thc provisinns of this ordinance so far as possible„ Uere the Plannin Co=ission prior to the eff,ectivo date of -this Aztielc recomen6cd the granting, denial, revocation noaficaaon cf any perDit, ,-axception, licons or oth-4- tc) the Ci'77 Cc=il, tTle fzaic.11:1:!ouncji may act upon Luch :Je==enda. b,foz,e a2ter the e2fective 6ai:e ce.J2 caseL; Plannin Cc=ission r=vided fn Lf s ()cane tve pyior to the efkoctiv date (3-T Ar-Hcle. SECTION 4: TEGISU al.] AFFECTED. No riciht g:ivon by anv -r)orm* license any provisions or Orinance .c.v.ticle are affected by such za2en_ r:Lc hereafter be exercised acco:caing to tl-e va-civori.s of this czianartce. SECTTON 5: EXISTING VIOLATION9. nolans that ox- ist Irldr-r any of the I'Dovis..',.c)as of a.f,fj'nance 223, :ce,ecaled by this . Articlea.7 , shall not heeby hc; I:o=inated or val-2.(Sateo. oxcept only as the provisions of this ordinance, by virtue of a reclassifica- tion or redefinition specifically reclassifying property in such a manner as to permit uses which may have constituted violations under the provisions of Ordinance 226 repealed by this Article. ARTICLE 24 SET ACK LINES Notwithstanding anything to the contrary in this Division, contained no building or structure shall be placed or constructed less than six (6) feet distant frothe line constituting the common boundary of Sixth Street, unless a modi:Hcation be made by variance as provided in Article 16 of this ordinance. ARTICLE 25 CEN=EC=1„, The City Clerk of the City of Beauiront shall certify to the adoption of this Ordinance and sha)2 cause the zame to be published once in the Beaumont Gazotte, a newspabe7 of: general eirculation, printed, published and circulated in the City of Beaumont, and thirty (30) days a2tor its adoption, is OrdLlance shall be in full force and effect. PABaRD AND ADOPTED thj!-.; eav ATTEST: ReE13F77767C117757176Y the Ciy of Beaumont. Calif. 049 -74.4.1" -k - I, RICE CONINE Cli:y Cle:,:k el- the City of Beaumont. Caliornia, hereby ce-rtjl -'-&at t.c., orecfoi.f-vj 0.)7dinance bc.::ing Ordinance No. ...241A or tho Ctv3,eanmon, was introdced i:and read at a regular me::-..,In',.7; of the Ci -',:v Council of the City o: 1,›anont, _ duly 'held on Lne A2 ?a_ da,„ ,--,„ -.:,,;J,,, „,7„ -1-.1,„ s6me was duly -oaccA alv,...i .:.:1606. al:d .zanilur ?i',,,..,)tilic.; ct sa?d. city. - C oun c i 1 fia ly 'de 1 d on th,„,,,, i 2_ 7e4 (ir..av oz AYES: CCUNCI=N: 7144,0,1,1tm^4, NOES: CCUCILIJIEN: ABSENT: CCUNCI=N: C..7 ; 11'1 e „ 15iIT0 o 71 c. -- .r 1 B Published Beaumont Ga7,ettr,