HomeMy Public PortalAboutOrd. 0808't ~ ~oX
ORDINANCE No. 808
AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING THE
FOLLOWING SECTIONS AND PORTIONS OF CITY ORDINANCE
N0. 570 (ZONING ORDINANCE): SECTION 3:00 CHAPTER
III, TO ADD AN'~ADDITIONAL CLASS OF USE, DESIGNATED
CB-1, "PLANNED BUSINESS ZONE," CHAPTER VIII, PAGE
20 TO ADD THE FOLLOWING SECTIONS THERETO: 7.50, 7.60,
7.61, 7.69, SUBDIVISIONS (a), (b), (c), (d), (e), (f),
AMENDING CHAPTER XIII BY SUBSTITUTING AIV EN'1'IRELY
,.'NEW CHAPTER UNDER THAT NUMBER BEGINNING WITH SECTION
13,00 THEREOF', AMENDING CHAPTER XII BY SUBSTITUTING
AN ENTIRELY NEW CHAPTER UNDER THAT NUMBER BEGINNING
WITH SECTION 12.00, AND AMENDING CHAPTER VII BY SUB-
STITUTING AN ENTIRELY NEW CHAPTER BEGINNING WITH
/ SECTION 7.00 TO ELIMINATE A R-3 CLASS OF USE IN A
P-1 ZONE AND REPEALING SECTIONS 7.02 THROUGH 7.06
(HAVING TO DO WITH A R-1 USAGE IN A P-1 DISTRICT) AND
TO CONFINE THIS ZONE TO OFF-STREET PARKING IN CONFORM-
ANCE WITH A SITE PLAN SUBMITTED BY AN APPLICANT, AMEND-.
ING SECTION 8.05, "FRONT YARD," AMENDING SECTION 8.06,
"SIDE YARD," AMENDING; ARTICLE 2 OF CHAPTER 16 TO ADD
SECTIONS 16.40 THROUGH 16.56 THERETO PERTAINING TO
CONDITIONAL USE PERMITS, FURTHER AMENDING CHAPTER
XVI TO ADD SECTION 16.2@ THROUGH 16.25 PERTAINING TO
APPROVAL OF SITE PLANS.
(g) and (h)
Section 1. Section 3.00 of City Ordina~e No. 570 is amended to
read as follows:
"There are hereby confirmed and established in the City of Lynwood
the following classes of uses which are hereby designated and shall be
known as follows:
R-1 One family zone
R-2 Two family zone
R-3 Multiple family zone
P-1 Automobile parking zone
CB-1 Planned Business zone
C-2 Light commercial zone
C-2-a Medium commercial zone (Ord. 594)
C-3 Heavy commercial zone
M-1 Light manufacturing zone
M-2 Heavy manufacturing zone
which said several zones are hereby established and which said classifica-
tions of zones as shown and delineated on the zoning map of the City of
Lynwood which is attached hereto and adopted hereby and made a part
hereof."
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Section 2. Chapter VIII beginning on page 20 of City Ordinance
No. 570 is amended to add at the beginning of said chapter Section 7.50
7.60, 7.61, 7.69, Subdivisions (a), (b), (c), (d), (e), (f) and (g), as
follows:
"Section 7.50 of City Ordinance No.,570 shall read as follows:
To stabilize, improve, and protect the commercial characteristics of
the business areas of the community, and to provide for the orderly
growth of new planned business commercial developments in the areas de-
signated"for said district in the General Plan, there is hereby established
a new and additional class of use which shall be known as 'CB-1 Planned
Business Zone'."
Section 3• Chapter VIII of .City Ordinance No. 570 is further
amended to add thereto Section 7.60 which shall read as follows:
"USES PERMITTED: The following uses are permitted:
The CB-i Zone is intended to provide the retail core area of
the business districts with uses to be intensive in nature. Uses per-
muted are to be major shopping facilities, financial institutions, and
personal service establishments which the entire group or major elements
thereof are intended and designated to serve the city and the region as
a whole and are to include: Major department stores, specialty shops,
sales or service, major food markets, banks, financial and business
- institutions, business and professional offices, antique stores. bakeries-
retail, barber shops, beauty parlors, books and/or stationary stores,
florist shops, retail hardware stores, shoe repair shops, jewelry
stores, music stores, restaurants, cafes, cocktail bars, theatres, off-
street parking garages or lots, public and quasi-public uses, cleaning
and laundry pick-up stations and any other retail business or service
establishments determined by the Planning Commission to be of the same
general character as the above uses."
Section 4. Chapter VIII of City Ordinance No. 570 is further
amended to add Section 7.69 and shall read as follows:
"ADDITIONAL USES PERMITTED:
(a) Signs indicating the principal use in a building shall be
approved as to size by the Planning Commission as part of the required
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site plan approval.
(b) Accessory uses and buildings appurtenant to any permitted
use
(c) Manufacturing and repair operations and services which
are clearly incidental to the sale of products at retail on the premises.
(d) Maximum building height limit: 190 feet.
(e) All uses in the CB-1 Zone shall be conducted primarily
within a completely enclosed building except for off-street parking-and
loading facilities and public utility lines and substations. Permanently
improved outdoor sales areas shall be clearly incidental to the use.
(fj Site Plan Approval: Site plan approval by the Lynwood
Planning Commission is required for each use.
(g) Off-Street Parking and Loading Space: Off-street parking
and loading space shall be provided for each use as required in Chapter
XII, Section 12.00, et seq. of City Ordinance No. 570.
(h) Conditional Use Permit: Conditional Use Permit is re-
quired for any other use which is not specifically permitted in this district.'
Section 5. Chapter XII of City Ordinance No. 570 is amended
in its entirety to read as follows:
"Section 12.00: OFF-STREET PARKING AND LOADING AREAS:
Applicability: In-all districts, in connection with every industrial,
business, institutional, recreational, residential or other use, except
as provided elsewhere within this ordinance, there shall be provided at
the time any building or structure is erected, enlarged, increased in
capacity or changed from a nonconforming use in the district in which it
is located to a permitted use, off-street parking spaces in accordance
with the requirements herein and installed in accordance with the stand-
arils of the City.
Section 12.01. SIZE: Each off-street parking space shall be
not less than 18 feet in length and 10 feet in width exclusive of
service or access drives and/or aisles, and shall be of surfaced and
permanently maintained condition, except that a parking zone space re-
quired to be located in a building and one not required to be located
in a building in an "R" zone shall be not less than 20 feet in length
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and 10 feet in width.
Section 12.02. ACCESS: There shall be adequate provisions
for ingress and egress to all parking and loading spaces.wri~re a lot
does not abut on a public street. For easement of access on a public
street there shall be provided an unoccupied and unobstructed easement
of an access or service drive of not less than 20 feet in width of right
of way leading to the parking or storage areas or loading or unloading
spaces required herein. A wider right of way width may be required by
the Planning Commission as a condition to permit approval when found to
be necessary in the interest of the public health, safety and general
welfare. In any case, where an access or service drive is not provided
through access or where parking design is such that satisfactory turn
around is not possible, a turn around having a radius of forty feet
shall be provided.
Section 12.03• COMPUTATION OF PARKING REQUIREMENTS: Where
several different places of assembly such as rooms or halls are contained
within one use or building, the gross floor area or number of seats used
to determine off-street parking requirements shall be the place of
assembly or combination of several places of assembly that would normally
be used at any one time, whichever will accomodate the larger number of
people.. Where several uses are contained within a building or on a side,
the off-street parking area required shall be the total of each of the
requirements of all such uses.
Section 12.04. MINIMUM OFF-STREET PARKING REQUIREMENTS.
(a) CB-1, C_2, C-2-a, and C-3 Zones. Off-street parking shall
be required as set forth in subparagraph 1 hereof or as set forth in
subparagraph 2 hereof, whichever is greater:
1. One space for each 300 square feet of gross floor
area in C-2, C-2-a and C-3 Zones
2. One space for each 200 square feet of gross floor
area in CB-1 Zone.
3. Bowling Alleys: Five spaces for each lane. Dance
(other than tavern dance), assembly and exhibition hall without
fixed seats: One space for each 50 square £eet of floor area
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used for assembly or dancing. Funeral Homes or Mortuary: One
space for each 50 square feet of chapel area. Grocery fruits,
meat stores, drive-in restaurants and similar uses: One space
for each one hundred square feet of floor area. Medical and
dental offices and clinics: Five spaces for each doctor or
dentist. Hotel and Motor Hotels: One space for each living
or sleeping unit. Restaurant, beer parlors, cocktail lounges
and night clubs: One space for each three seats. Intensive
care hospitals, including but not limited to hospitals where
surgery is performed, and excluding convalescent hospitals:
One space for every bed provided in the hospital. Convalescent
Hospitals: One space for every five beds provided in the
convalescent hospital: Theatres: One space for each five seats.
(b) "R" District. Off-street parking shall be required in
"R" districts as follows:
1. Churches: One space for each 10 fixed seats in main
assembly room or if without fixed seats, one space for each
70 square feet of gross floor area in main assembly room.
2. Intensive Care Hospitals, including but not limited
to hospitals where surgery is performed, and excluding con-
valescent hospitals: One space for every bed provided in the
hospital. Convalescent Hospitals: One space for every five beds
provided in the convalescent hospital.
3. Dwellings - duplex or two-family: One and one-half
space in a building on the premises for each dwelling unit
and such space shall not be less than 10 feet wide by 20 feet
long with adequate provisions for ingress and egress. When
application of this subdivision results in the requirements of
a fractional space, one full space shall be required for each
such fractional space. Adequacy of ingress and egress is
subject to the approval of the administrative committee.
4. Dwellings - single family: Two spaces in a private
garage on the premises. No automobiles or other wheeled
vehicles shall be parked on the premises other than in these
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two spaces or the driveway at any time. Adequacy of ingress
and egress is subject to approval of the administrative committee.
5. Dwelling - multiple: One and one-half spaces in a
building on the premises for each dwelling unit. When the
application of this subdivision results in the requirements of
a fractional space, one full space shall be required for each
such fractional space. Such space shall be not less than 10
feet wide by 20 feet long with adequate provisions for ingress
and egress. Adequacy of ingress and egress is subject to
approval of the administrative committee.
6. Buildings other than churches, hospitals and dwellings:
One space for each 180 square feet on the premises and with
adequate provisions for ingress and egress.
(c) M-1 and M-2 Zones. One space for each 300 square feet of
gross floor area shall be required in an M-1 or a M-2 zone.
(d) Unlisted Uses: Unlisted uses including uses not involving
structures, temporary uses not to exceed one year, and private and re-
creational uses shall be provided with a number of spaces determined by
the Planning Commission on the basis of the similarity to listed uses
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or as may be determined of the Planning Commission to satisfy the intent
of this ordinance.
(e) In-Lieu Provisions: For any new uses, structure, or
building on a site which, due to the size of it or location of the parcel,
cannot be provided with, parking requirements may be satisfied as follows:
1. Provision of required parking on other property with-
in X400 feet of the site proposed for development, or
2. Annexation to an existing off-street parking district
and agreement in writing with the City to assume the costs as
set up by such parking district of the required number of off-
street parking spaces as set forth in this ordinance, making
payment of these costs to said district, or
3. If within a district, an agreement in writing with
the City to assume the costs set forth by said parking district
of the required number of off-street parking spaces as set forth
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in this ordinance making payment of these costs to the City
Treasurer of the City of Lynwood, or
4. If the owner of the land on which said use is to be
located reaches an agreement in writing with the City, and
substitutes a payment based upon the fair market value of the
land on which the new use is to be established and equal to the
cost of the area required for off-street parking computed at
said value plus the cost of paving and/or any other improve-
menu as determined by the City. If any such agreement is
necessary to permit establishment of any new use, the Planning
Commission shall make a written report to the City Council of
the findings which make any such agreement necessary. The City
Council may cause to be made any necessary investigation to
determine the amount of such payment. On receipt by the City
of such payment, the off-street parking area requirements for
such use shall be considered to be met and any necessary per-
mits may be issued. All monies collected by the City from such
agreements shall be used for the purchase and improvement of
off-street parking areas.
(f) Exceptions: Commercial structures in a CB-1 zone which
existed prior to the adoption of this ordinance may be replaced if razed
or may be substantially altered or remodeled without the performance of
the off-street parking provisions of this ordinance, provided the Planning
Commission make the following findings:
1. That the new or remodeled structure is not designed to
permit uses or uses which will have parking requirements sub-
stantially in excess of those previously existing.
2. That the new or remodeled structure has a floor area
proposed to be not more than 110% of the ground floor area of
the previously existing structure.
3. That satisfactory agreement has been executed between
the City and the property owner to assure that the property shall
join or annex to any parking district which is formed in the
future. Such agreement shall be recorded as a long term lien
on the property."
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Section 6. Chapter XIII of .City Ordinance No. 570 beginning
with Section 13.00 is amended to substitute a new Chapter XVII which
shall read as follows:
13.00 Application of Chapter. The foregoing regulations per-
taining to the several zones shall be subject to the general provisions,
conditions and exceptions contained in this chapter.
13.01 Nonconforming use limits other uses. While a noncon-
forming use exists on any lot, no additional use may be established
thereon, even though such additional use would be conforming use, unless:
(a) the use is a nonconforming use of a conforming building
and such use has had a terminating date established by action of record
by the Planning Commission; or
(b) the nonoonf°orming use be a building of more restricted
type than that allowed in the zone. If a nonconforming building be used
for habitation, any conforming building on the lot shall be so placed
as to retain contiguousness to the residential building, the side yards
and open spaces required in the R-3 zone, and such side yards and open
spaces shall be subject to the same limitations of use as govern in the
R-3 zone.
13.02 Nonconforming use of land when no structure is involved.
In any zone the nonconforming use of land wherein no structure is involved
and which use existed on the effective date of the ordinance codified in
this title shall be abated within one (1) year from such date, and any
future use of such land shall conform to the provisions of this title.
If the nonconforming use of land is discontinued for six (6) months or
more, any future use of such land shall conform to the provisions of
this title. During the period of the permissible nonconforming use of
land such nonconforming use of the land shall not in any way be expanded
or extended either on the same or adjoining property.
13.03 Removal of nonconforming buildings or change in status
of nonconforming use. If any nonconforming building is removed, every
future use of the land on which the building was located shall conform
to the provisions of this title. If a nonconforming use of a nonconform-
ing building vacates and is succeeded by another and more restrictive
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use, it is evidence that the heavier nonconforming use was ended, and
thereupon such heavier use immediately loses ahy vested right as such.
If the substitute use is itself nonconforming the degree of nonconformity
may not subsequently be increased by changing to a less restricted use.
13.04 Application to nonconforming buildings or uses resulting
from reclassifications, variances or grants of exception. The provisions
of this chapter shall apply to buildings, lands and uses which hereafter
become nonconforming due to any reclassification of zones under this
title. If a use originally authorized by variance or grant of exception
prior to the effective date of the ordinance- codified in this title is
located within a zone in which such use is not permitted by the terms
of this title, such use shall acquire a nonconforming status.
13.05 Abatement of nonconforming use of conforming building.
(a) IN "R" ZONES: Every nonconforming use of a conforming
building in any of the "R" Zones shall be discontinued within three (3)
years from the date of formal notice to the owner from the Planning
Commission, or not later than five (5) years from the date the provisions
of this title become applicable to it.
(b) IN "C" ZONES: Every nonconforming use of a conforming
building in a "C" zone .which use is 'first permitted in a less restrictive
zone shall be completely removed before the expiration of a ten (10) year
period measured from the date this title becomes applicable to it.
(c) IN "M" ZONES: The nonconforming use of a conforming
building in the "M" zones shall be completely removed before the expira-
tion of a ten (10) year period measured from the date this title becomes
applicable to it.
13.06 Removal of nonconforming buildings. (A} IN "R" ZONES:
Every nonconforming building in any of the,"R" zones, except residential
buildings, churches and schools and public utility facilities (other than
offices, administrative buildings and service yards) which nonconforming
building was designed or intended for a use not permitted in the "R"
zone in which it is located, shall be completely removed or altered to
structurally conform to the uses permitted in the zone in which it is
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located within the herein specified times upon notice from the Planning
Commission, which time is measured from the date of construction. In
no case shall this period of time be less than five (5) years from the
date of nctification by the Planning .Commission. As used in this
section, the descriptions "Type 1 Building," "Type 2 Building," "Type
3 Building," "Type 4 Building" and "Type 5 Building," are employed
as defined in the existing building code of the City.
(1) If property is occupied by structures of a type for
which the existing building code does not require a building permit, one
(1) year.
(2) Type 4 and Type 5 Buildings (light combustible frame
and wood frame), forty (40) years.
(3) Type 2 and 3 Buildings (heavy timber construction
and ordinary masonry;
(a) Apartments, offices, hotels or residences having
stores or offices below and apartments or offices
above, thirty-five (35) years.
(b) Warehouses, stores, garages, lofts, thirty-five
(35) years.
(c) Factories and industrial, forty-five (45) years.
(4) Type 1 buildings (fire resistant);
(a) Offices and hotels, forty-five (45) years.
(b) Theatres, fifty (50) years.
(c) Warehouses, lofts, stores, garages, forty-five
(45) years.
(d; Industrial, thirty-five (35) years.
(B) IN "C" ZONES: (1) In the "C-3" Zones residential structures
and structures containing dwelling units on the ground floor existing on
the effective date of this title shall be considered as nonconforming
buildings, but, as such, shall be subject only to those provisions of
this chapter pertaining to abatement which provide that a non-conforming
building removed or destroyed shall not be replaced by other than a
conforming building, that the nonconforming building may not be enlarged
or expanded unless such enlargement or expansion makes the building con-
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forming, and that the degree of nonconformity may not be increased by
changing to a less restricted residential use.
(2) Every nonconforming ,building in a "C" zone which is
designed for a use first permitted in an "M" zone shall be completely
removed or altered to conform to those uses permitted to the "C" zone
in which such building is located within the herein specified times,
upon notice from the Planning Commission which times are measured from
the date of construction, except that in no case shall this period be
less than five (5) years from the date of such notice by the Planning
Commission. As used in this section, the designations "Type 1 Building,"
"Type 2 Building," "Type 3 Building," "Type 4 Building" and "Type 5
Building" are employed as defined in the existing building code of the
city. (a) Where property is unimproved except for
structures of a type for which the existing
building ordinance does not require a building
permit, one (1) year.
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(b) Type ;2" and Type 5 buildings (light combustible
frame and wood frame), forty (40) years.
(c) Type 2 and Type 3 buildings (heavy timber con-
struction and ordinary masonry);
(1) Apartments, offices, hotels or residences
having stores or offices below and apart-
ments or offices above, thirty-five (35)
years.
(2) Warehouses, stores, garages, lofts, thirty-
five (35) years.
(3) Factories and industrial, forty-five (45)
years.
(d) Type 1 buildings (fire resistant);
(1) Offices and hotels, forty-five (45) years.
(2) Theatres, fifty (50) years.
(3) Warehouses, lofts, stores, garages, forty-
five (45) years.
(4) Industrial, thirty-five (35) years.
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(C) IN "M" ZONES: (1) In.the "M" zones any building which,
by definition of this title, is not designed, arranged or constructed
for a use permitted in the "M" zones shall be considered a nonconforming
building, and shall be completely removed or altered to structurally
conform to the uses permitted in the zone within the herein specified
times upon notice from the Planning Commission, which times are measured
from the date of construction, except that in no case shall this period
of time be less than five (5) years from date of such notice:
(a) Where the property is unimproved except for
structures of a type for which the existing building
ordinance does not require a building permit, one (1)
year.
(b) Type 4 and Type .5 buildings (light combustible frame
and wood frame), forty (40) years.
(c) Type 2 and Type .3 buildings (heavy timber construction
and ordinary masonry):
(1) Apartments, offices, hotels or residences having
stores or offices below and apartments or offices
above, thirty-five (35) years.
(2) Warehouses, stores, garages, lofts, thirty=f~'ve
(35) years.
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(3) Factories and industrial, forty-five (45)~years.
(d) Type 1 buildings (fire resistant):
(1) Offices and hotels, forty-five (45) years.
(2) Theatres, fifty (50) years.
(3) Warehouses, lofts, stores, garages, forty-five
(45) years.
(4) Industrial, thirty-five (35) years.
13.07 Conformance of uses required to be in enclosed buildings.
Where this title requires a use to be contained within an entirely
enclosed building as such term is defined herein and a use existing on
the effective date of this title is not in an entirely enclosed building,
the building or structure containing such use shall be made to conform
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to the requirements of this title with .respect to such enclosure within
a period of three (3) years from the date of notification by the Planning
Commission. The Planning Commission shall notify the owner or lessee
of the subject property of the intent to consider the matter at a public
meeting and the date of such meeting. The Commission shall consider
all pertinent data in connection therewith and provide the opportunity
for the owner or lessee to present such evidence which properly relates
to such case. The Commission shall, by resolution, establish the facts
upon which the determination is made to require such property owner or
lessee to make the building conforming and shall formally notify the
owner or lessee in writing of the Commission's decision and of the date
by which such building shall be made conforming. Such formal notifica-
tion shall be mailed to the property owner or lessee not later than
ten (10) days following the date of the public meeting at which the
matter was considerede
13.08 Conformance of uses to outside improvement, etc.,
requirements. Where a use in a "C" or "M" zone exists on the date this
title becomes effective and such use is nonconforming only because
it does not meet the requirements of this title with reference to improve-
ment of outside areas used for storage, parking or outside activities
(including walls and surfacing) or if the property on which any use is
located has a common property line with "R" zoned property and no wall
exists on such property line as is required by this title, such use shall
be made to conform to the requirements of this title with respect to such
features within a period of not to exceed two (2) years from the date of
notification by the Planning Commission. The procedures to be followed
in such matter and in serving notice upon the property owner or lessee, if
there be such, shall be the same as that set forth in Section 13.07.
13.09 Removal of accessory buildings where no main building
exists. Where a nonconforming use has no main building as defined by this
title, but has buildings and structures accessory to the main use, such
as trailer parks, trailer courts and trailer camps, then such nonconform-
ing use and such buildings and structures shall be completely removed or
altered to conform to those uses permitted in the zone in which the pro-
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perty is located before the expiration of a ten (10) year period measured
from the date this title becomes applicable to it.
13.10 Commission to determine conditions of abatement. When
any nonconforming condition exists in any zone, other than the nonconform-
ing use of land where no structure is. involved or where buildings and
structures are accessory to the nonconforming use, it shall be the res-
ponsibility of the Planning Commission on its own initiative, to fix
a date upon which the nonconforming building was established. It shall
also be the responsibility of the Planning Commission to determine whether,
by reason of structural alterations or enlargements, or the installation
of major equipment designed into the building prior to the date this
title became applicable thereto, it is deemed necessary to establish a
later date for abatement than that prescribed herein for the building
itself in order to assure that the investment represented by such structural
alterations, enlargements or equipment installations may be amortized.
In performing this function the Commission shall consider all pertinent
data in connection therewith and provide the opportunity for the owner
of record, or lessee if there be such, to present such evidence as they
may possess and which properly relates to such case. When the date of
abatement has been determined, the Commission, by resolution, shall
establish such date and shall set forth such facts as bear upon the case
upon which the determination of such date of abatement is based, and shall
formally notify the owner of such nonconforming property of the action
of the Commission by mailing to such owner a copy of the formally adopted
resolution not later than ten (10) days following the date of subject
action by the Planning Commission.
13.11 Alteration or enlargement of nonconforming buildings.
Unless otherwise specifically provided in this title, nonconforming
buildings may not be enlarged or structurally altered unless an enlarge-
ment or structural alteration makes the building conforming, provided,
however, where a building or buildings and customary accessory buildings
are nonconforming only by reason of substandard yards or open spaces, the.
provisions of this title prohibiting structural alterations or enlargements
shall not apply, provided further that any structural alterations of an
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existing building shall not increase the degree of nonconformity of yards
or open spaces, and any enlargements shall observe the yards and open
spaces required on the ].ot.
13.12 Nonconforming churches may alter, expand or rebuild.
Nonconforming churches may be structurally altered, enlarged or replaced
on the same site provided the requirements of this title for off-street
parking shall be met and maintained for any seating capacity in excess
of that which existed on the effective date of this ordinance, whether
provided by additional seats in the sanctuary or by additional floor
spaces to be used simultaneously for assembly purposes if there be no
fixed seats.
13.13 Public utility exemptions. The foregoing provisions
of this chapter concerning the required removal of nonconforming build-
ings and uses and the reconstruction of nonconforming buildings
partially destroyed, shall not apply to public utility buildings and
structures pertaining directly to the rendering of the service or dis-
tribution, such as power generating plants and electric distribution
and transmission substations; water wells and pumps; gas storage and
metering, and valve control stations, or to fences or walls surrounding
such nonconforming public utility installations which fences or walls
are nonconforming only by reason of their placement in relationship to
required yards. Nothing in this chapter shall be construed or applied
so as to prevent the expansion, increase in capacity, modernization or
replacement of such public utility buildings, structures, equipment and
features as are used directly for the delivery of, or distribution of,
the service provided, however, that all yard requirements of the zone in
whioh the site is located shall be maintained and there shall be no
enlargement of the site. The provisions of this section shall not
exempt from the provisions covering nonconformity any oI' the buildings,
structures or uses which do not immediately relate to the direct service
to consumers, such as warehouses, storage yards, service yards and the
like.
13.14 Removal of prohibited advertising structures and signs.
Any advertising structure or sign which is now, or hereafter shall be in
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violation of the provisions of Ordinance No. 570 shall be removed
within one (1) year from the effective date of this title or within one
(lj year from the date when the project for the landscaping of a section
of a freeway shall have been completed or accepted, whichever is later.
No outdoor advertising structures or signs shall be permitted in the
CB-1 zone.
Section 7. Chapter VII of .City Ordinance No. 570 beginning
with Section 7.00 is amended to establish a new Chapter VII, which
shall read as follows:
Section 7.00 Combining Zoning District "P-1" with the other
zones.
1. P-1 Zone "Automobile Parking" shall be combined
with all of the other zones within the City and it shall be intended that
the "P-1" zone may be applied in conformance with a plot or site plan
submitted by an applicant for a building permit, and/or an application
for a variance or change of zone, and/or approval of a site plan, and/or
for a conditional use permit, or to any municipal or district parking
lots established within the City. Also it shall be intended to be
applied when in the opinion of the City of Lynwood the health, safety
and general welfare requires designation of those areas to be used for
the principal. use and for its appurtenant off-street parking.
2. Uses Permitted: The following uses are permitted,
provided that any conditions for a zoning permit are fulfilled:
Off-street parking lots; accessory uses and structures
appurtenant to any permitted use in the zone with which this zone is
combined; signs as may be permitted in the zone with which this zone
is combined.
Section 8. Chapter XVI of City Ordinance No. 570 is amended
to add Section 16.20 through Section 16.25 to said Chapter as follows:
"SITE PLAN"
16.20 Whenever a site plan is required by the provisions of
this ordinance the same shall be prepared and submitted in accordance
with the provisions of this Article.
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16.21 Procedure. When Site Plan approval is required, the
applicant shall file an application and any required data with the
Secretary of the Planning Commission. The Secretary of the Planning
Commission shall forthwith notify the City Manager that said application
has been filed and shall furnish him with the application and any required
date. The City Manager shall, within 5 days either approve or deny
Site Plan Approval Application.
16.22 Required Data. The application for Site Plan Approval
shall be accompanied by a site plan showing lot lines and dimensions,
location of existing and proposed buildings or improvements, height of
structures, off-street parking lot design including ingress and egress
points, street right of way lines, setbacks, exterior lighting and
signs, fencing, and any other data necessary to indicate the proposed
development, all. of which must be in conformance with the provisions of
this ordinances In addition, the site plan shall indicate the proposed
or probable use of the development and a brief statement of the type
of construction contemplated.
16.23. Duties of City Manager. If the City Manager finds
that the plan as submitted or any part thereof, does not comply with
the provisions of this ordinance, or of the laws of the State of California,
he shall note thereon wherein it fails to do so and his other reasons,
if any, for his disapproval.
Within five days after such disapproval, the City
Manager, by United States mail, postage prepaid, addressed to the applicant
at his last known address, shall advise the applicant of the disapproval
of the site plan together with his reasons therefor. The determination
of the City Manager shall be final and conclusive in the absence of an
appeal.
16.24 Appeal procedure. Within thirty (30) days from the
date of mailing cf notice of disapproval, if the applicant declines
to alter the site plan to comply with the provisions of this article, he
may file with the Secretary of the Commission a written letter of appeal
from the City Manager's decision. Upon receipt of such a letter of appeal j/
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the Secretary shall place the matter upon the Commission Agenda for
consideration by that body. The Secretary shall thereupon give the
applicant, by United States mail, postage prepaid, addressed to the
applicant at his last known address, ten (10) days written notice
of the time and place of such hearing. The appellant may waive such
written notice if he so desires.
At the time the Commission considers such a site plan,
it shall examine the proposed plan, the City Manager's files and staff
reports, if any, and shall give the appellant a reasonable opportunity
to be heard with regard to such matter. The Commission shall determine
whether the site plan complies with the provisions of this article.
If the Commission finds the site plan complies with the provisions of
this article it shall approve the same. If the Commission finds that the
site plan does not so comply it shall disapprove the said site plan.
The Commission shall not have the power to conditionally approve such
a site plan. The decision of the Commission shall be final and con-
clusive, in the absence of an appeal to the Council. If the applicant
is dissatisfied with the decision of the Commission, he may appeal such
decision to the Council in the same time and manner as an appeal is
taken from the decision of the City Manager.
16.25 Site Plan Review, effect upon Building Permits. Where
the provisions of this Chapter require that the site plan review be
submitted for approval, no building permit shall be issued or if one
is issued in error, the same shall be suspended until a site plan has
been approved in the manner set forth in this part.
Section 9. Chapter XVI of City Ordinance No. 570 is further
amended to add Sections 16.40 through 16.56 thereto which shall read
as follows:
16.40 Conditional Use Permits. Purpose: Conditional Use
Permits are required so as to permit the City Council and Planning
Commission to impose certain conditions on a proposed land use as a
protection to the health, safety and general welfare in the zone. This
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section is intended to regulate any proposed use so as to preserve
control over development, and to provide a procedure for review of
certain proposed uses.
16.41 Applicability: Whenever it is stated in this ordinance
that certain other uses may be permitted subject to securing a..Conditional
Use Permit it shall mean that such uses may be permitted in a zone in
which they are not listed when such uses are necessary to the develop-
ment of the community and which uses are in no way detrimental to exist-
ing uses or to those permitted in the zone.
16.42 Prooedure: Upon filing of a verified application by
the property owner cr by a lessee wherein the applicant shall set forth
the grounds for and the facts justifying the request for the granting
of a Conditional Use Permit, for a use not listed in a zone in this ord-
finance, the Planning Commission shall give public notice as provided for
in this ordinance of the public hearing on a Conditional Use Permit.
Said hearing shall be held not later than forty (40) days following the
filing of the application.
The Commission shall investigate the facts bearing on
each case to provide information necessary to assure action consistent
with the intent and purpose of this ordinance.
Not more than forty (40) days following said hearing,
the Planning Commission shall announce its findings by formal resolution
for referral to the City Council. Said resolution shall recite the
findings of the Planning Commission and set forth the conditions deemed
necessary to protect the health, safety and welfare of persons residing
in the neighborhood and in the community as a whole.
Application: The application for a Conditional Use
Permit shall be filed on forms as provided by the City.
Said application shall contain thereon full and complete
information pertaining to the request.
Whereupon, if the application is filed, it shall be
signed by the applicant to the effect that he was so informed. Filing
of an application does not constitute an indication of approval. The
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applicant for a proposed planned, integrated shopping center shall provide
such additional data and information as will justify both the size and
location of such proposed center. This data should be adequate to permit
the Commission and Council to make a finding that such a proposed develop-
ment is properly located, that it would be in the community interest and
that the proposed development is in conformity with the Generate Plan
and with good zoning practice. Said information and data shall include
a site plan indicating the location of all buildings and structures and
the relationship between them. Said plan shall also have indicated
thereon the following information:
The location and amount of off-street parking.
The location of all walls and buffers between the pro-
posed new use and the abutting land uses.
And such other data as will indicate to the Commission
and/or City Council the manner in which the development will provide for
the protection of health, safety, and welfare of the surrounding
neighborhood.
In addition, the applicant shall, when required by the
Planning Commission, provide such data and information as will assist
the Commission and/or City Council to justify its recommendations as to
both the location and the size of the area proposed for development.
Such additional data may include:
Economic studies and surveys
Traffic studies
Population studies
Any other information deemed pertinent.
16.43 Publication, Mailing and Posting of Notices: When
required as a prerequisite for a public hearing, notice of the time and
place of such hearings shall be given as required by subsections(2) and
(3), Section 16.10, of Article 2 of Chapter XVI of City Ordinance No. 570
for applications for home occupations. No other or additional notice
shall be required unless otherwise directed by the Planning Commission.
16.44 Planning Commission Findings: When considering the
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recommendation for the grant of a Conditional Use Permit to the City
Council the Commission shall find as. set forth below: That the site
for the intended use is adequate in size and shape to accomodate said
use and for all the yards, setbacks, walls or fences, landscaping and
other features required by this Ordinance to adjust said use with those
on abutting land and with the neighborhood. That the site fox' the
proposed use relates to streets and .highways properly designed both as
to width and type of pavement to carry the type and quantity of traffic
generated by the subject user. That in approving the subject use and
the specific location there will be no adverse effect on abutting
property or the permitted use thereof. That in requiring the certain
safeguards listed in the following paragraph, the Commission deems
said requirements to be the minimum requirements necessary to protect
the health, safety and general welfare:
Special setbacks and buffers; fences and/or walls;
lighting; surfacing of parking areas subject to city specifications;
regulations of time for certain activities; regulations of points of
vehicular ingress or egress; regulations of noise, vibration, odors,
etc.; regulations of signs in accordance with all other ordinances of
the city; requiring of landscaping and maintenance thereof; requiring
maintenance of grounds and/or signs; requiring service roads and/or
alleys when practical. And such other conditions as will make possible
development of the city in an orderly and efficient manner and in
conformity with the intent and purposes set forth in this ordinance.
16.55 Conditions to Use. In recommending the approval of
the proposed use, the Commission may propose and the Council may
establish such conditions for development and require such improvements
in respect to existing or planned rights of way as will. protect the
health, safety, and general welfare and the purposes set forth in the
General Plan.. Such conditions shall take precedence over those
required in the districts.
Time Limit for Development: Before any Conditional
Use Permit shall be approved by the City Council, the Planning Commission
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_. ,
shall recommend and the City Council .may establish a time limit, within
which the subject property shall be. developed. The time limit set by
the City Council shall be a reasonable time based on the size and nature
of the proposed development. Said time may be subject to extension
by the City Council for a good cause when the applicant presents proof
of an unusual hardship not of his own making.
Decision by the City Council: In approving the Condi-
tional Use Permit the Council may add to or modify the conditions recommended
by the Commission.
Failure to Comply with Conditions: If the time limit
expires and no extension has been granted, or if any of the conditions
to use are not maintained then all of the rights and privileges set
forth in the Conditional Use Permit shall be considered null and .void.
16.56 The following uses may be permitted without the required
advertising and posting required for hearings when such uses are deemed
by the Council to be essential and/or desirable to the public conven-
fence and welfare and not contrary to the General Plan or its objectives.
Governmental facilities.
Large scale housing developments.
Public utility structures.
And such uses as the Planning Commission may deem to be
similar, but not more obnoxious and equally essential to serve the public
welfare.
Section 10. .Section 8.05 "Front Yard." Where all the frontage
on one side of the street between two intersecting streets is located
in a CB-1 District Zone or a C-2 District Zone, no front yard shall be
required. Where the frontage on one side of the street between two
intersecting streets is located in a CB-1 or a C-2 Zone and an R Zone,
the front yard requirements of the "R" Zone shall apply to the CB-1 and
the C-2 Zones.
Section 11. Section 8.06 "Side Yard" is amended to read
as follows: Where the side of a lot in a CB-1 District Zone or a C-2
District Zone abuts upon the side of a lot in any "R" Zone, there shall
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be a side yard of not less than 5 feet. When a reversed corner lot
rears upon a let in any "R" Zone, the side yard on the street side of
the reversed corner iot shall be not less than fifty (50) per cent of
the front yard required on the lots in the rear of such corner lot,
Section 12. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance, and to cause the same to
be published in the Lynwood Press, a newspaper of general circulation,
printed and circulated in the City of Lynwood
First read at a regular meeting of the City Council of said
City held on 'the 20th day of September, 1966, and finally adopted and
ordered published at a regular meeting. of .said Council held on the
4th day of October, 1966, by the following vote:
Ayes: Councilmen Bvork, Duncan, Siokos, Smith, Stevens.
Noes: Councilmen
Absent: Councilmen
CITY CLERK, CITY OFdLYNW00D
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.. • ` .
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
city, do hereby certify that the above is a true and
correct copy of Ordinance No. 808 adopted by the City
Council of the City of Lynwood, and that same was passed
on the date and by the vote therein stated.
Dated this 5th day of October , 19~•
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,CITY °CLERK, CITY OF°LYNWOOD-~~