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HomeMy Public PortalAboutOrd. 0570 follows; S' ~ ~' •• R AN ORDINANCE ESTABLISHING ZONES ?°IITHIN THE CITY ', OF LYIu't'TOOD AND ESTABLISHING CLASSIFICATIONS OF LAND USES AND REGULATIONS OF SUCH LAND USES IN SUCH ZONES: REGULATING THE HEIGHT OF BUILDINGS, AND OPEN SPACES FOR LIGHT AiQD VENTILA"_'ION: ADOPTING A MAP OF SAID ZONES: DEFINING THE TERNL4 USED IN SAID ORDINANCE: PROVIDING FOR THE ADJUSTMENT, AMENDf+IENT AND 'EPIFORCEMENT THEREOF: PRESCRIBIIJG PENALTIES FOR ITS VIOLATIONS, AND REPEALING ORDINANCE N0. 422 AND CONFLICTING ORDINANCES. ~, i ORDINANCE N0. 570 The City Council of the City of Lynwood does ordain as CHAPTER I. TITLE AND PURPOSES. SECTION 1.00: Short Title: This ordinance shall be known a.s and may be cited and referred to as "The Zoning Ordinance". SECTION 1.01: PURPOSES. An official land use plan for the City of Lynvrood is hereby adopted and established to promote the public interest, health, comfort, convenience, safety, and general welfare and to secure the economic and social advantages resulting from an orderly, planned use of land resources. CHAPTER II. .DEFINITIONS. SECTIOPI 2.00. DEr''INITIONS. For the purposes of this ordi- nance, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows: ACCESSORY BUILDING is a building, part of building or structure or use which is subordinate to and the use of which is incidental, appropriate, and subordinate to that of the main build= ing,~structure, or use on the same lot, IVhere the t=call of an access- ory.building is a part of the wall of the main building, such access- ory building shall be considered as part of the main building. ACCESSORY LIVIIQG RUARTERS are living quarters within an accessory building for the use of persona employed on the premises or for temporary use (not to exceed 60 consecutive days) by guests of occupants of premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.. APARTMENT is a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy a,a a residence for one family. APARTMENT HOTEL is a building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units. APARTMENT HOUSE is the same as "dwelling, multiple", here- inafter defined, AUTOMOBILE TRAILER is a vehicle faith or *.aithout motor power, designed to be drawn by a motor vehicle and to be used for carrying property or for human habitation or for carrying persona. AUTOMOBILE WRECKING is the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dis- mantled or wrecked vehicles or their parts ADP°3INISTRATIVE COit4MITTEE means the ex officio members of the Commission. -1- r w BASEMENT is a story partly underground and having one-half or more of its height below the average level of the adjoining ground. A basement, when designed for, or occupied by dwellings, business, or manufacturing, shall be considered to be a story. BOARDING HOUSE shall mean a dwelling having only one kitchen and used for the purpose of providing meals and lodging for pay or compensation of any kind computed by day, week, or month for five (5) but not inore than fifteen (15) persons not constituting members of the family occupying such dwelling: Boarding house shall not include rest homes, sanitariums, or homes for the aged. BUILDING is a permanently or temporarily located structure having a roof (all forms of vehicles excluded). BUILDING AREA is the sum in square feet of the area of the horizontal pro~ectiona of all buildings on a lot, excluding open pergolas, steps, chimneys, eves, buttresses, cornices, unencloaed and unroofed terraces, and minor ornamental features projecting from the walla of the building, which features are not directly supported by the ground. BUILDING HEIGHT is the vertical distance measured from the average level of the highest and lowest point of that portion of the site covered by the building to the ceiling of the uppermost story. BUILDING SITE is the ground area of a. building or group of buildings together with all open spaces as required by this ordinance. BLOCK is all property fronting upon one side of a street betz,~een intersecting and intercepting streets or between a street and right of vray, water way, end of dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. BUSINESS OR COMMERCE is the purchase, sale or other trans- action involving the handling or disposition of any article, sub- stance, or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use of offices by professions and trades rendering services. CAMP, PUBLIC, is an area or tract of land intended, main- tained, or designed for the purpose of supplying a location for ac- commodation for one or more automobile trailers for human habitation, including trailer camps or trailer parks, or two or more camping parties, including tents or other camping outfits, and shall include all buildings used or intended for use as part of the equipment for such trailer camps, whether or not a charge is made for the use of the trailer camp or its facilities. CARPORTE OR PORTE COCHERE is an accessory residential structure open on three sides and attached to the side of a dwell- ing and established for the convenient loading and unloading of passengers from an automobile, or the shelter thereof. CITY means City of Lynwood. CITY COUNCIL means City Council, City of Lynwood. CLUB is an association of persons for some common social non-profit purpose but not including groups organized primarily to render a service which is customarily carried on'as a business. COMPQISS20N is the Planning Commission of the City of Lynwood. -2- ,;: , CONVALESCENT HOME is the same as rest home. DWELLING is a building or portion thereof designed ex- clusively for residential purposes, including one-family, two- family, and multiple dwellings, but not including hotels, boarding or lodging houses. DWELLING UNIT is two or more rooms in a dwelling or apart- ment hotel designed for occupancy by one family for living or sleep- ing purposes and having only one (1) kitchen. DWELLING, ONE-FAbiILX, is a detached building designed ex- clusively for occupancy by one (1) family. DWELLING, TWO-FAbfiILY, is a building designed exclusively for occupancy by two (2j families, living independently of each other. DWELLING, MULTIPLE, is a building or portion thereof, de- signed for occupancy by three ('3) or more families living independ- ently of each other. EDUCATIONAL INSTITUTIONS AND COLLEGES are colleges or uni- versities supported wholly or in part by public funds and other col- leges, universities or other schools giving general academic instruc- tion, as determined by the State Board of Education. FAMILY is an individual, or two (2) or more persons related- by blood or marriage, or a group of not more than five (5) persone,• excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. GARAGE, PRIVATE, is an accessory building designed for the shelter or storage of vehicles owned or operated by the occupants of the main building. GARAGE, PUBLIC, is a building other than a private garage used for the care, repair, or equipping of automobiles, or where such vehicles are kept for remuneration, hire, or sale. GROUP HOUSES a.re two or more separate buildings, each containing one or more dwelling units. HOME OCCU~T'ATION is an occupation carried on by the occu- pant of a dwelling in the dwelling as a secondary use in connection with which there is no display of stock in trade maintained on the premises; no person employed; and no mechanical equipment used which emits any dust, gas, fumes, noise, odor, or which in any other way is detrimental to other property or to the residents of the community, provided further that not more than Pour hundred square feet or 25 per cent of the ground floor space shall be used for said purposes; auxiliary professional or business office. Licensing procedure shall be set forth by Resolution of the City Council. HOTEL is a building in which there are six or more guest rooms where lodging with or without meals is provided for compen- sation, and where no provision is made for cooking in any individual room or suite. KITCHEN is any room used or intended or designed. to b~ used for cooking or the preparation of food. -3- LOADING SPACE is an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. LODGINCr OR ROOA22NG HOUSE shall mean a dwelling having only one kitchen and used for the purpose of providing for pay or compen- sation of any kind computed by day, week, or month to more than five (5) but not more than fifteen (15) persons not constituting members of the family occupying such dwelling. :`Lsodging house shall not include rest homes, sanitariums, or homes for the aged. LOT is a parcel of real property shown as a delineated parcel of land with a separate and distinct number or other deaig- nation on a plot recorded in the office of the County Recorder of Loa Angeles County, or (2), a parcel of real property not so delin- eated and containing approximately six thousand_ (6,000) square feet a.nd abutting at least one public street or alley, and_ held under separate ownership from adjacent property prior to 2~5arch 16th, 1946; or, (3), a portion of real property not eo<delineated containing approximately six thousand {6,000) square feet abutting at least one public street or alley, if the same was a portion of a larger piece of real property held under the same ownership prior to PQarch 16th, 1946. LOT AREA is the total horizontal area within the lot lines of a lot. LOT, CORNER, is a lot situated at the intersection of two or more streets, having an angle of intersection of not more than one hundred. and thirty-five degrees (1350) and a width not greater than seventy-five (75) feet. ' ,LOT DEPTH is the horizontal length of a straight line con- necting the bisecting points of the front and the rear lot lines. LOT, I?QTERIOR, is a lot other than a. corner lot. LOT, KEY, is the first lot to the rear of a reversed cor- ner lot, and not separated by an alley. LOT, REVERSED CORNER, is a corner lot, the side street line of which is substantially a continuation of the front line of the lot upon which it rears. LOT, THROUGH, is a lot having frontage on two parallel or approximately parallel streets. LOT WIDTH, is the horizontal distance between the aide lot lines measured at right angles to the lot depth line at a point mid- zray between the front and rear lot lines. LOT LINE, FRONT, is, in the case of an interior lot, a line separating the lot from the street, and the line separating the narrowest street frontages of the lot from the street in the case of a corner lot. LOT LINE, REAR, is a lot line t~rhich is opposite and most distant from the front line and, in the case of an irregular, trian- gular or goreshaped lot, a line ten feet in length within the lot parallel to and. at the maximum distance from the front lot line. LOT LINE, SIDE, is any Iot boundary line not a front line or a rear lot line. -4- .~ MOTEL is the same as tourist court. NON-CONFORP•"ING BUILDING is a. building or portion thereof lawfully existing on the date this Ordinance becomes effective and which was designed, erected, or altered for a use which does not conform to the use zone in which it is located,, or which does not comply t•.*ith all the height, area or other regulations of the zone in which it is located. NON-CONFORMING USE is a use vrhich lawfully occupied a building or land on the date this Ordinance becomes effective and tahich does not conform with the regulations of the zone in which it is located. PARKING AREA, PUBLIC, is an open area other than a street or alley used for the temporary parking of more than four automobiles and available for public use whether 'free, for compensation, or as an accommodation for clients or customers. PARKING SPACE, AUTOMOBILE, is space ~..*ithin a building, or parking area for the temporary parking or storage of one automobile. REST HOME is the same as boarding house, but permitting nursing, dietary and other personal services rendered to convales- cents, invalids, and aged persons, but excluding cases of contagious or communicable diseases, and excluding surgery or primary treat- ments such as are customarily provided in sanitariums and hospitals. RUP•iPUS ROOPQ, is a room attached to and made a part of a main building or .an accessory building, and designed and used for entertainment, recreation, etc. A rumpus room shall consist of not more than one main room, and may have a toilet or powder room which shall not be construed to be a bathroom. There may also be facil- ities for preparation of food, but not to be construed as a kitchen for family use. SCHOOL, ELEMENTARY AND HIGH, is an institution of learning tahich offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. STABLE, PRIVATE, is a detached accessory building for the keeping of horses owned by the occupants=of the premises and not kept for rernuneration, hire, or sale. STABLE, PUBLIC, is a stable other than a private stable. STORY, is that portion of a building between the surface of any floor and the aurfa.ce of the floor next above it, or if there be no floor above it, then the apace between such floor and_ the ceiling next above it. STREET is a public or private thoroughfare which affords principal means of access to abutting property. STREET, SIDE, is that street bounding a corner lot and which extends in the same general direction as the line determining the width of the lot. -5- STRUCTURE is anything constructed or erected, which re- quires location,on the ground or attached to something having a location on the ground, but not including fences or walls used as fences lees than eix (6) feet in height. STRUCTURAL ALTERATIONS is any change in the supporting members of a building such as bearing walla, columns, beams, floor or roof foists, girders or rafters or changes in roof or exterior lines. TOURIST COURT is a group of attached or detached buildings containing individual sleeping or living units witn garage attached or parking space conveniently located to each unit, all for the tempo- rary use by automobile tourists or transients; includes auto courts, motels, or motor lodges. TRAILER, AUTOMOBILE, is the same as "Automobile Trailer" TRAILER COURT is the same as "Camp, Public" TRAILER PARK is the same as 'Camp, Public° USE is the purpose for which land or building is arranged, designed, or intended, or for which either is or may be occupied or maintained. YARD is an open space other than a court, on a lot, un- occupied and unobstructed from the ground upUrard. YARD, FRONT, is a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance be- tween the front lot line and a line parallel thereto on the lot. YARD, REAR, is a yard extending across the full width of the lot between the main building a.nd the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest part of the main building tovrard the rear lot line. YARD, SIDE, is a yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward t'_ne nearest part of a main building. CHAPTER III. ESTABLISHINC`7 ZONES AND LIMITING USE OF LAND THEREIN. SECTIOIQ 3.00. Tbere are hereby confirmed and established in the City of Lynwood the follovaing 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 C-2 Light commercial zone 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 classi- fications 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. -6- SECTION 3.01. Fixing of zone boundaries in various cases. Where an uncertainty exists as to the boundaries of any zone shown on said zoning map, the following rules shall apply. A. Where such boundaries are indicated a.a approximately following street and alley lines or lot lines, such lines shall be construed to be such bound_ariea. B. In case of unsubdivided property, unless-the same are indicated by dimensions, boundary lines shall be determined by use of the scale appearing on such zoning map. C. ?+There a zone boundary divides a subdivided lot, such lot shall be in the zone wherein lies the greater area of such lot. D. Ydhere a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. SECTION 3.02. Zones in Annexed Territory. When territory is annexed to the City of Lynwood such territory shall be deemed tempo- rarily zoned for R-1 One Family uses and all the provisions of this ordinance applicable to R-1 zones shall be applicable temporarily as herein provided, to such newly annexed territory. If a use is being made of said newly annexed territory or any part thereof permitted in a zone less restrictive than R-1, such use may be continued but shall be deemed non-conforming under this ordinance and subject to all the provisions hereof in that connection. When territory is annexed to the City of Lynwood, proceed- ings shall forthwith be initiated to permanently classify and zone the net~rly annexed territory. Proceedings for such purpose shall be initiated in accordance with the terms of Section XVII hereof. If no petition is filed. by property owners in the newly annexed territory, the Planning Commission shall, on its own motion, initiate such proceedings to permanently zone such newly annexed territory. .Proceedings for. the permanent zoning for such annexed territory shall be completed within 120 days from and after the effective date of annexation. Such time limit is directory only, however. CHAPTER IV. SECTION 4.00. R-1 One Family Zone: .Use of property. No building or land shall be used or occupied for, and no building shall be erected., constructed, established, altered, enlarged, moved into'or'caithin a zone R-1 which is to be used or occupied for any purpose other than as follows: 1. One-family dwellings of a permanent character, placed in permanent locations, with a minimum gross floor area of 800 square feet. ' 2. Accessory buildings and uses provided that no garage shall contain space for more than three (3) automobiles. 3. The raising of vegetables, flowers, ornamental trees and shrubs, on vacant lots or land, provided that no buildings are used in connection therewith and that no sales are made on the premises. 4, Poultry or rabbits for domestic non-commercial uses, provided that such use shall not violate any other ordinance of the Gity of Lynwood, not to exceed a total of twenty-four (24) birds and/or rabbits. -7- 5. .Home Occupation. (See Sections 2.00 and 14.12.) 6. One unlighted sign not exceeding six square feet in area pertaining only to the sale, lease, or hire of the particular building, property, or premises upon which displayed. No other advertising signs, structures, or devices of any character shall be permitted in any R-1 one-family zone except as provided by Home Occupation licensing procedure. SECTION 4.01. HEIGHT. Two and one-half stories and not to exceed thirty-five (35) feet except as provided in Section 15..oz. SECTION 4.02. FROIQT YARD. There shall be a front yard of not leas than twenty (20) feet except where lots comprising forty (40) per cent or more of the frontage on one side of a street between inter- secting streets are developed with buildings having an average front yard with a variation of not more than six (6) feet, no building here- after erected or structurally altered shall project beyond the average front yard line so established. SECTION 4.03. SIDE YAF.D. On interior lots there shall be a side yard on each side of a building of-not less than ten (10) per cent of the widtiz of the lot, provided that such side yard shall not be leas than three (3) feet and need not exceed five (5) feet in t~ridth. On corner lots the side yard regulation shall be the same as for interior lots except in the case of a reversed corner lot. In this case, there shall be a side yard on the street side of the corner lot of not less than fifty (50~) of the front yard recuired on the lots in the rear of such corner lot, and no accessory building on said corner lot shall project beyond the front yard line of the lots in the rear; provided further, that this regulation shall not be so inter- preted as to reduce the buildable width (after providing the required interior side yard) of a reversed corner lot of record at the time this ordinance becomes effective, to less than twenty-eight (28) . feet, nor to prohibit the erection of an accessory building where this regulation cannot reasonably be complied with. .SECTION 4.04. .REAR YARD. There shall be a rear yard of not leas than t}renty-five (25~) _per cent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet. SECTION 4.05. LOT AREA PER FAiPILY. Every main building hereafter erected shall have a lot area of approximately six thou- sand (6,000) square feet per family. Provided, however, that where a lot has less area than 6,000 square feet, and was of record March 16, 1946, said lot may be used for R-1 purposes. SECTION 4.06, REGULATORY PROVISIODIS. No building or land shall be used, and no building shall be erected, constructed, altered, established, enlarged, moved into or ~*ithin zone R-1 in violation of any of the provisions of this Chapter. CHAPTER V. SECTION 5.00. R-2 T~vO FAMILY ZONE. Use of property. Tdo building or land shall be used or occupied for, and no building shall be erected, constructed, established, altered, enlarged, moved into or Vrithin a zone R-2 i~rhich is to be used or occupied for any gizrpose other than as fo~~~ws: -8- SECTION 5.00 Continued. 1. Any use permitted in the R-1 One-family zone, and when so used_ subject to all the provisions contained in the section defin- ing said zone. 2, Tvao-family dwellings with a minimum gross floor area of 500 square feet per unit. 3• Elementary, ,junior high, and high schools offering full curricula as required by State lavr, churches, public playgrounds. 4~• Uses customarily incident to any of the above uses. 5, Accessory buildings provided. that no garage shall provide space for more than four (Zb) cars. SECTION 5.01. HEIGHT. No buildisgo ies~IOrrthirtyeaipe altered shall exceed two and one-half (2?) (35) feet. SECTION 5.02• FRONT YARD. The same limitations shall apply as heretofore specified for the R-1 zone. SECTION 5.03• SIDE YARD. The same limitations shall apply as heretofore specified for the R-1 zone. SECTION 5.0~• REAR YARD. The same limitations shall apply as heretofore specified for the R-1 zone. SECTION 5.05• LOT AREA PER FAMILY. Single family dwell- ings shall be the same as specified in Section 4.05• Every two- family dwelling hereafter erected will have a lot area of not less than 3,000 square feet per family, provided, however, that where a 194~6handlhas arfrontage6of0atsleast 45efeet~, saidolotemaydbleausedl6, for R-2 purposes. CHAPTF~R VI. SECTION 6.00. R-3 2'NLTIPLE FA?~4ILY ZONE. Use of property. No building or land_ shall be used or occupied for and no building shall be erected, constructed, established, altered., enlarged, moved into or within a zone R-3 which is to be used or occupied_for any purpose other than as follows: 1. Any use permitted in R-2 two-family zone, and_ when so used_ aub,ject to all the provisions contained in the 'Section defining said zone. 2. Multiple dwellings. 3, Group houses. 4, Boarding and lodging houses, 5• Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business. 6, Hospitals (except veterinary, mental, dog and cat, clinics a.nd kennels) sanitariums, institutions of an educational (except music, dancing, trade schools) and philanthropic nature (except correctional and mental). -S- 7. Accessory buildings and uses customarily incident to any of the above uses, when located on the same lot and not involy- ing the conduct of a business. 8. Identification signs not exceeding twenty (20) square feet in area for multiple dwellings, clubs, lodges, hospitals, institutions, and similar permitted uses, and signs not exceeding twelve (12) square feet in area appertaining to the sale or rental of the property on which they are located; provided., however, that no name plate or advertising sign of any other character shall be permitted, except as provided by Home Occupation. Licensing procedure. SECTION 6.01. HEIGHT. No building hereafter erected or altered shall exceed six (6) stories or seventy-five (75) feet. SECTION 6.02. FRONT YARD. There shall be a front yard of not less than twenty (20) per cent of the depth of the lot, pro- vided such front yard need not exceed fifteen (15) feet, except where lots comprising forty (4~0~) per cent or more of the frontage on one :side of a street between intersecting streets are developed ~..*ith buildings having an average front yard with a variation of not more than six (6) feet, no building hereafter erected or structurally altered shall pro,)ect beyond the average front yard line so estab- lished. However, in ho case shall a front yard of more than forty (40) feet be required, SECTION 6.03. SIDE YARD. The same limitations shall apply as heretofore specified for the R-2 zone, except for a build- ing more than two and one-half (2~) stories in height, each side yard shall be increased one (1) foot in ~ridth for each additional story above the second Ploor. SECTION 6.0~. REAR YARD.. There shall be a rear yard of not less than ten (10) feet, open and unobstructed, with no part of said required rear yard to be provided by a driveway, street, or alley. SECTION 6.05. LOT AREA PER FAMILY. Every main building hereafter erected or structurally altered shall have a lot area of not less than six hundred (600) square feet per family; provided however, that these regulations shall not apply to hotels or apart- ment hotels where no cooking is done in any individual room, suite, or apartment. CHAPTER VIT. SECTION x.00. P.-1 AUTOhTOBILE PARKING ZONE. The follow- ing regulations shall apply in the P-1 Automobile Parking Zone unless otherwise provided in this ordinance. SECTION 7.01. USE. No building or land shall be used or occupied for and no building shall be erected, constructed, eatab- liahed, altered, enlarged, moved into or within a zone P-1 which is to be used or occupied for any purposes other than as follows: 1. Any use permitted in R-3 Multiple Family Zone, and when so used sub,)ect to all the provisions contained in the Section defining said zone. 2. Open air, temporary parking of transient automobiles, provided that the areas so classified and used shall conform to the provisions of Chapter. YII, and provided that areas classified as P-1 shall not be used for "used car sales areas". ~~'~~ -10- SECTION 7,02, HEIGHT. as heretofore specified for the F_ The same limitations shall apply 3 zone, SECTION 7,0.3. FRONT YARD, The same limitations shall apply as heretofore specified for the R-3 zone, SECTION 7,0~, SIDE YARD, The same limitations shall aPP1Y as heretofore specified for the R-3 zone. SECTION 7.05. REAR YARD. The-same limitations shall a as heretofore specified for the R-3 zone, PP1Y shall a SECTION 7.06, LOT .AREA PER FAMILY, PPly as heretofore specified for The same limitations the R-3 zone, CHAPTr-'F{ VIII. regulation shall a8'00. C-2 - LIGHT COMM~CIAL ZONE, PPly in the C-2, Light Commercial Zonehe following SECTION 8.01. USE. No building or land shall be used or occupied for, or no building shall be erected, constructed altered, enlarged, moved into, or within a zone C-2 which is to be used or occupied for any other ~ established, purposes than as follows; • 1• AnY use permitted in P-1, ,Automobile Parking Zone, and when so used subJect to all the provisions contained in the Chapter defining said zone. 2. Retail stores or businesses not involving any kind of manufacture, processing, or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that not more than five (5) persons are employed in the manufac- ture, processing or treatment of products, and that such operations or products are not ob,~ectionable due to noise, odor, dust, smoke, vibration or other similar causes. 3. Advertising sign boards or structures. ~, Antique store. 5, Automobile service station, 6, Bakery, retail. 7. Bank, 8. Barber shop or beauty parlor. 9. Baths, turkish, and the like, 10, Billiard or pool hall. 11. Blueprinting and photostating, 12. Bird store or pet shop. 13. Book or stationery store. 14, Church, temporary revival, 15. Cleaning and pressing establishment using non-inflam- mable and non-explosive cleaning fluid. 16, Confectionery store, -11- 17. Conservatory of music. 18. Department store. 19. Dressmaking or millinery shop. 20. Drug store. 21. Dry goods or notions store. 22. Electric. appliance stores and repairs. 23. Electric distributing, substation (when enclosed with a solid masonry wall). 24~. Florist shop. 25. Funeral parlor. 26. Furniture store. 27. Furniture taarehouses for storing personal household goods, provided ground floor front is devoted to stores. 28. Garage, public. 29. Grocery or fruit store. 30, Hardt~ra.re store. 31. Ice storage house of not rnore than five (5) ton capacity. 32. Interior decorating store. 33. Jewelry store, 34. Laundry or clothes cleaning agency. 35. Meat market or delicatessen store. 36. Medical laboratory. 37. Motels. 38. Music or vocal instruction. 39. Music store. 40. News stand. ~l. Nursery, flower or plants. 42. Offices, business or professional. 4~3. Radio store. 4~~, Restaurant,, Tea room, Cafe, Cocktail bar. 45, shoe store or shoe repair shop. 46. Storage garage (including repairing and servicing). 4~7. Studios (except motion picture). • 4~8. Tailor, clothing, or o,*earing apparel shop. ~9. Taxidermist. -12- 50. Telephone exchange. 51. Trade school (not ob,)ectionable due to noise, odor, vibration, etc.). 52. Theater or auditorium (except drive-in theater). 53. Tinsmith. (not sheet metal; see Section 9.01, 6 (d).) 54~. Used car sales area, provided (a) that no repair or reconditioning of automobiles shall be permitted, except when enclosed in a building; and (b), that such area is located and developed as required in Section 12.0.2. 55• Wedding chapel. $6. Accessory buildings and uses customarily incident to any of the above uses when located on the same lot, SECTION 8.02. C-2 USES IN BUILDINGS. The uses permitted in zone C-2 shall be conducted entirely within a building except auto- mobile service stations, advertising structures, used car sales areas, nurseries (flowers and plants), and electricity distributing sub- stations. SECTIOPd 8.03. OTHER USES PROHTBITED. Nothing in this Chapter shall be construed to authorize in any C-2 Zone any business, use, institution, or establishment which is specifically authorized in tre C-3 Zone or in any "ffi" Zone. SECTION 8.04°. HEIGHT. No building hereafter erected or structurally altered shall exceed six (6) stories or seventy-five (75) feet. SECTION 8.05. FRONT YARD. Where all the frontage on one side of the street between ttao intersecting streets is located in a "C-2° Zone, no front yard. shall be required. Ptnere the frontage on one aide of the street between two intersecting streets is located in a °G-2" Zone and an "R" Zone, the front yard_ requirements of the "R" Zone shall apply to the "C-2" Zone. SECTIOAT 8.06. SIDE YARD. i°Jhere the side of a lot in the C=2 Zone°abuts upon the side of a lot in any "R" Zone, there shall be a aide yard of not leas than five (5) feet. When a reversed corner lot rears upon a lot in any "R" Zone, the side yard on the street side of the reversed corner lot shall be not less than fifty (50°x) per cent of the front yard required on the lots in the rear of such corner lot. In all other cases, a side yard for a commercial building shall not be required. CHAPTER IX. SECTION 9.00. C-3 HEAVY CONII1IERCIAL ZONE. The following regulations shall apply to the C-3 Heavy Commercial Zone: SECTION 9.01. USE. No building or land shall be used or occupied or no building shall be erected, constructed, established, altered, enlarged, moved into or t•rithin a Zone C-3 which is to be ' used or occupied for any purposes other than as follows: (1) Any use permitted in the C-2 Light Commercla.l and when so used, subject to all the provisions contained in the Chapter defining said zone. (2) Stores or shops for the conduct of wholesale business, second hand establishments or stores, (except ,junk yards). -13- (3) Battery rebuilding. (~) Dance Halls, public, when admissions are charged. (5) Furniture storage. (6) When conducted wholly within a building: (a) The manufacture, compounding, processing, or treat- ment of such products as bakery goods, candy, cosmetics, dairy products; food products, drugs; perfumes, pharmaceuticala,,soap (cold mix only), and toiletries. (b) The manufacture, compounding or treatment of articles of merchandise from the following previously prepared materials: bone, .cellophane, canvas, cloth, cork, feathers; felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stones, shell, textiles, tobacco, wood (excluding planing mill) yarns, and paint not employ- ing a boiling process. (.c) The manufacture of ceramic products, including figur- ines, using only previously pulverized clay, a.nd kilns fired only by electricity or low pressure gas. (dj The manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products, including heating and ventilating ducts, and equipment, cornices, eaves, and the like (e) Manufacture of musical instruments, toys, novelties, rubber and metal stamps, and small boats ;(under twenty (20) feet). (f) Automobile reconditioning, tire retreading or .recap- ping (limited to the operation of not more than four (4) molds), battery manufacturing. (g) Laundry, cleaning, and dyeing works, and carpet and rug cleaning. (h) Distribution plants, parcel delivery, ice a.nd cold storage plant, bottling plant, poultry or rabbit killing, food. commissary establishment, and Peed and fuel. (i) Wholesale business, storage buildings, and warehouses. (,)) Assembly of electrical appliances, electronic instru- ments and devices, radios and phonographs, including the manufacture of small•parta only, such as coils, condensers, transformers, crystal holders, and the like. (k) Dog Kennels (7 or more adult doge), and veterinary hospital. (1) Machine Bhops, limited to small lathes and drill presses. -14- (7) Uses to be conducted wholly within a building or within an area encloainted boardlfencelnotalessid wall, or uniformly p than six (b) feet in height: (a) Building material storage yard (provided there are no overhead bunkers used). (b) Feed and fuel yard. (c) Public utility service yard or electric receiv- ing or transforming station. (8) Uses customarily incident to any of the above uses and accessory buildings, when located on the same lot. SECTION 9.02. Nothing in this section shall be construed to authorize iri any Zone C-3 any business, institution, use, or establish- ment which is specifically authorized in any "M° zone. SECTION 9.03• HEICrHT. No building hereinafter erected or structurally altered shall exceed six (6) stories or seventy-five (75) feet. SECTION 9.04. FRONT YARD. L9here all the frontage on one side of the street between two intersecting streets is located in a ~'e-3" Zone, no front yard shall be required. Where the frontage on one side of tine street between two intersecting streets is located_ in a "C-3" Zone and_ an °R° Zone, the front yard require;nent of the "R" Zone shall apply to the "C-3" Zone. SECTIOIQ 9.05. SIDE YARD. ti^Ihere the side of a lot in the "C-3" Zone abuts upon the aide of a lot in any "R" Zone, there small be a side yard of not less than five (5) feet. Vdhen a reversed .corner lot rears upon a lot in any °R° Zone, the side yard on the street aide of the reversed corner lot shall be not less than fifty (50~') per cent of the front yard required on the lots in the rear of such corner lot. In all other cases, a side yard for a commercial building shall not be required. CHAPTER X. - M-1 LIGHT MANUFACTURING ZONE. SECTION 10.0.0. The following regulations shall apply to the M-1 Light I•Ianufacturing Zone: SECTION 10.01. USE. No building or land shall be used or occupied or no building shall be erected, constructed, established, altered, enlarged, moved into or within a Zone P~2-1 which is 1;o be used or occupied for any purposes other than as follows: 1. Any use permitted in the "C-3" Heavy Commercial Zone, and_ when so used, sub,~ect to the provisions and conditions of this Chapter only. 2. Any kind of manufacture, processing or treatment of pro- ducts other than those which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, or other similar causes as determined by Administrative Com- mittee of the Planning Commission. In the event an appli- cant is agreved by the determination of said Cormnittee, applicant may apply to the Commission in the manner pro- vided for dealing with variance. -15- 3, Aircraft factory (no foundry). ~k. Automobile assembly, body and fender works, dismantling and used parts storage, trhen operated or maintained wholly within a building. 5, Boat building, except shipbuilding. 6. Box .factory. 7, Brewery. 8. Cabinet sYiop or furniture manufacture (ca-rpenter shop). 9, Camp, public. 10. Clay products manufacturing, including pottery. 11. Contractors plant or storage yard (excluding asphalt plant). 12, Creamery, and manufacturing of dairy products. 13• braying, freighting, or trucking yard or terminal. ltd., Engine -factory (no foundry). l5, Flour mill, including feed products manufacturing. 16. Furniture manufacturing. l7, Garment manufacturing. - 18. Heating equipment manufacturing. 19• Laboratory, experimental, motion picture, testing. 20. Lumber yard. " 21. .Mill, planing. 22. Motion picture studio. 23, Rubber fabrication of prroducta made from finished rubber. 2~4. Sash and_ door manufacturing. 25, Sheet metal shop (heavy). 26. Shoe manufacturing. i - 27• .Stable or riding academy. 28. Stone monument works. 29. Storage space for transit and transportation equipment except freight,classification yard, ~. 30. Textile manufacture. 31. Tank building (small, or service station). 32. Tool manufacturing. 33• Trailer camps. 34, Trailer manufacturing. 35• Truck repairing and overhauling. -16- 36: Accessory buildings and uses customarily incident to any of the above uses when located on the same lot. SECTIOIQ 10.02. HEIGHT. No building hereafter erected or structurally altered shall exceed six (6) stories or seventy-five (75) feet. SECTION 10.03. FRONT YARD. t~ihere all the frontages on one side of the street between two intersecting streets is located in an "M-1" Zone, no front yard shall be reauired. where the frontage on one aide of the street between two intersecting streets is located in an "M-1" Zone and an "R" Zone, the front yard reouirement of the "R" Zone shall apply.to the "M-1" Zone. SECTION 10.04. SIDE YARD. adhere the side of a lot in the "M-1" Zone abuts upon the side of a. lot in any "R" Zone, there shall be a aide yard of not less than five (5) feet. Iti'here a reversed corner lot rears upon a. lot in any "R° Zone, the side yard on the street aide off' the reversed corner lot shall be not less than fifty (50 a) per cent of the front yard required on the lots in the rear of such corner lot. In all other cases a side yard for a commercial or industrial building shall not be required. SECTION 10.0$. REf~R YARD. No rear yard shall be required except where the "M-1" Zone abuts upon an "R" Zone, in which case there shall be a rear yard of not less than twenty (20~~) per cent of the death of the lot, provided such rear yard need not exceed ten (10) feet. SECTION 10.06. Nothing in this section shall be construed to authorize in any Zone "M-1" any business, institution, use, or establishment which is specifically authorized in any "M-2° zone. CHAPTER 11: "M-2° HEAVY MANUFACTURING ZONE. SECTION 11.00. The following regulations s'ra11 apply in the °bI-2° Heavy Manufa.eturing Zone, unless otherwise provided in this ordinance: SECTION 11.01. USE. ISo building or land shall be used and no building shall be hereafter erected or structurally altered, except for one or more of the following uses; provided, however, that no building or.portion thereof shall be hereafter erected, structurally altered, converted or_used for any use permitted in the "R-3" Zone: 1. Any use permitted in the "M-1" Zone. 2. Acetylene Gas'_:manufacture or storage. 3: Alcohol manufacture. l~ Ammonia, bleaching powder, or chlorine manufacture. ~. Amusement parka. 6. Boiler works and blacksmith shop. 7. Brick, the or terra cotta manufacture. 8. Circus and fair grounds (when approved by City Council). 9. Concrete products manufacture. 10. Cotton gin or oil mill (non-continuous process}. 11. Freight classification yard. 12. Iron, steel, brass or copper foundry or fabrication plant. i3. Junk Yard. 14. Oil cloth or linoleum manufacture. 15. Paint, oil shellac, turpentine, or varnish manufacture. 16. Paper and pulp manufacture. 17. Petroleum products, or ~rholesale storage of petroleum. 18. Plastic manufacture. 19. Pyroxlin manufacture. 20. Quarry or stone mill. -17- 21. R=~.ilroad repair shops. 22. Rock crusher or distrlbution of rocks, sand or gravel. 23. Rolling mills. 24. Salt works. 25. Soap manufacture. 26. Soda and compound manufacture. 27. Stove or shoe polish manufacture. 28. Tire manufacture. 29• Transit mix concrete plant. 30. Wool pulling or scouring. 31. And in general those uses which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, vibration, noise and the like, provided, however, that no building or occupancy permit shall be issued for any use not enumerated herein until and unless the location of such use shall have been approved by the City Planning Commission in the manner provided for dealing ?ry~ith variance. 32. Accessory buildings and uses customarily incident to any of the .above uses Vahen located on tine same lot. 33• Dump, when the location of such use shall have been approved by the City Planning Commission in the manner provided for dealing with variance. ,' SECTION 11.02. HEIGHT. No building hereafter erected or structurally altered shall exceed a height at the street line of eight (8) stories or one hundred (100) feet. SECTION 11.03. FRONT YARD. `ta'here all the frontage on one side of the street between t?vo intersecting streets is located in an "M-2" Zone, no front yard shall be required. S~Jhere the frontage on one side of the street between two intersecting streets is located in an "M-2" Zone and an "R" Zone, the front yard requirement in the "R" Zone shall apply to the °M-2" Zone. SECTION 11.0. SIDE YARD. Where the side of a lot in an "M-2" Zone abuts upon the side of a lot in any "R° Zone, there shall be a side yard of not less than five (5) feet. In all other cases, a side yard for a commercial or industrial building shall not be required. SECTION 11.05. ,REAR YARD. No rear yard shall be required except tirhere an "M-2" Zone abuts on an "R° Zone, in which case there shall be a rear yard of not less than twenty (20) feet. CHAPTER XII. OFF STREET PARKING. SECTION 12.00. Regulations as set forth in this chapter govern the requirements for off-street parking in all zones in the City of LynUrood. SECTION 12.01. PARKIPIG SPACE. Every main building here- after erected or structurally altered shall be provided with minimum paved off-street parking accommodations as follows; 1. For dwellings there shall be at least one parking space in a building on the same lot with the main building for each dwelling unit and such parking space shall be not less than nine (9) feet wide by twenty (20) feet long, yrith adequate provisions for ingress and egress. Adequacy of ingress and egress is subject to approval of the Administrative Committee. -18- 2, For buildings other than dwellings there shall be at least one (1) paved parking space of one hundred. eighty (180) square feet on the same lot with the main building or contiguous thereto and with adequate provisions for ingress and egress, as follows: (a) For churches, high. school, college and lmiversity auditoriums and other places of assembly, at least one (1) parking space for every ten (10) seats pro- vided in said buildings, (b) For hospitals and institutions at least one (1) park- ing space for every two (2) beds provided in said buildings, (c) For hotels and clubs, at least one (1) parking space for every three (3) guest rooms provided in said buildings. (d) For theaters, auditoriums and other similar places of assembly, at lea.at one (1) parking space for every five (5) seats provided in said buildings. (e) For commercial and other. business buildings such requirements as the City Council may from time to time provide by ordinance. SECTIOTQ 12, 02, PUBLIC AND SEMI-PUBLIC PAR.KIIdG AREAS, All public and semi-public parking areas and used car sales areas herein permitted shall be improved'as followrs: 1, Such area shall be paved. and properly enclosed teith a solid fence or wall of at least five area abutting upon property classified5£oreeRu°n each side of such uses, 2. Any lights provided to illuminate such parking areas sha,11 be so arranged as to reflect the light away from adjoining premises, CHAPTER XIII, NON-COAtFORP4IIUG BUILDINGS AND USES, SECTION 13,00, A "Non-conforming building" may be continued provided no additions or enlargements are made thereto and no struc- tural alterations are made therein, except those required by law or ordinance. If such "non-conforming building" is removed, every future use of such premises shall be in conformity trith the provisions of this ordinance, SECTION 13,01, The "non-conforming use of a. building" existing at the time this ordinance became effective may be continued, provided: 1, That a "non-conforming use" of a "non-conforming build- ing' may be expanded or. extended throughout such building provided no structural alterations except those required by law or ordinance are made therein, If no structural alterations are made, a "non-conforming use" of a "non-conforming building" may be changed. to another use of the same or more restricted classification, 2. That a "non-conformin use" of a ~' ~ shall not be expanded or extended ~nto any c°nforming building" "conforming building" and if such "non-conformingpuseioisodiscontinued, any future use of such building shall be in conformit / visions of this ordinance, Y with the pro- ~ -19- 1 ;~ >, structure5thereonlis0employed thereforngexistinglatdthehtimenthia ordinance became effective may be continued for a period of not more than ten (10) years from March 16, 1946, provided: 1. That no "non-conforming use of land" shall in any way be expanded or extended either on the same or adjoining property; the time this Tordinanceebecameceffective isethereafteredisconginued or changed, any future use of such land shall be in conformance t-rith the provisions of this ordinance. SECTION 13.03. BUILDINGS DESTROYED BY FIRE.. A building destroyed. to the extent of fifty per cent (50~) or less of its reasonable value by fire, explosion or other casualty, or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction, may be continued. SECTION 13.014. FUTURE NON-CONFORMING USER, The provisions of this Chapter shall also apply to buildings, land, and uses which hereafter become "non-conforming" due to any reclassification of zones under this ordinance. SECTION 13.05. That if on the effective date of this ordi- nance a temporary one-family dwelling shall exist on the rear half of a lot, a one-family dwelling may be erected and maintained on the front portion of the same lot in the manner provided herein, whereupon the said dwelling on the rear half of the lot shall assume the status of a non-conforming use as defined herein. CHAPTER XIV. GENERAL RESTRICTIONS.. SECTION 114.00. AREA RESTRICTIONS. The provisions of this Chapter shall govern the area requirements of property and uses in all zones under this ordinance. SECTION 114.0.1. LOT AREA REDUCTION. 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 of population be increased in any manner except in conformity with the regulations established herein. SECTION 114.02. ADJOINING AREA INAPPLICABLE. No yard or other open space provided around any building for the purpose of com- plying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building; provided, fur- ther, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a build- ing is to be erected. building hereaOter4e~ectedUshallCbeTloBatedOonEa lotLaaShereinry defined and in no case shall there be more than one (1) main building and accessory buildings on one lot except where expressly and speci- fically permitted in this ordinance. SECTION 114.014. Through lots one hundred and forty (140) feet or more in depth may be improved as two (2) separate lots with the dividing line midway bett~reen the street frontages, and each such remaining half sizall be subject to the controls applying to the -20- street upon which each such half faces, except that the required maximum front and rear yard may each be reduced to ten (10) feet for lots the total depth of which is less than one hundred and. sixty (160) feet, and provided that if the whole of such through lot is improved as one building site no accessory building shall be located closer to either street than the distance constituting the required front yard on each street. SECTION 14.0.5. OPEN AREA, CORNICES, ET CETERA. Every reouired front, aide, or rear yard shall be open and unobstructed from the ground to the sky, provided: 1. That cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a aide yard not more than six (6) inches for each foot of the width of such side yard and may extend or project into a front or rear yard not.more than thirty (30) inches, 2. Fire escapes may extend or project into any front, side, or rear yard not more than four (4) feet, provided there is maintained a minimum of two (2) feet clearance to property line *rahen escape is in extended position. 3. Open, unenclosed_ stairways, or balconies not covered by a roof or canopy, may extend or project into a required rear yard not more than four (4) feet and such balconies and canopies may ex- tend into a required front yard not more than thirty (30) inches. 4, Uncovered porches, do not extend above the level of may extend into any front, side, feet; provided, hovaever, that an thirty (30) inches in height may such porch, platform or landing platforms or landing places which the first floor of the building, o-r rear yard not Wore than six (6) open oaork railing, not more than be installed or constructed on any ?lace. 5. Fences, hedges, landscape architectural features or guard railings for safety protection around depressed ramps, not more than three and one-half (3?) feet in height, may be located in any front or side yard. 6, Trees, shrubs; flowers, or plants shall be permitted in any required front, side, or rear yard, 7. A fence or wall not more than six (6) feet in height, or a hedge maintained so as not to exceed six (6) feet in height, may be located along the side or rear lot lines, provided such fence, wall or hedge does ilot extend into the required front yard nor into the side yard required along the aide street on a corner lot, except where said side yard abuts a parkway of ten (10) feet or more, which in this case shall also include that portion of the rear yard_ abutting the intersecting street wherein accessory build- ings are prohibited,, and provided further, that the provision shall not be so interpreted as to prohibit the erection of a fence enclos- ing an elementary or high school site, and provided further that this provision shall not abrogate the requirements of the Electrical Safety Orders of the Division of Industrial Safety, State of Cali- fornia, and compliance therewith shall be deemed to be compliance with this ordinance. SECTION 14.06, A1i7LTIPLE Di+IELLINC REO,UIREMEiQTS, ~,Jhere two family dwe111nge or multiple family dwellings not exceeding 22 stories in height are arranged so as to rear upon the side yards, the following regulation shall apply: -21- 1. In the case of group houses or court apartments, such required side yards shall be increased by one (1) foot for each entrance or exit opening into or served by such side yard, as re- quired in this provision, provided said side yard need not exceed eight (8 ). feet. Open, unenclosed porches not extending above the level of the first floor riay project into the required width of such places or court a distance of not more than twenty (20) per cent and in no case more than six (6) feet. 2. In the case of a row of dwellings arranged so as to rear upon one side yard and front upon the other, the side yard upon which such dwellings rear shall be increased as required above for group houses and the average width of the side yard upon which such dwellings front shall be not less than one and one-half (lz) times the width of the other side yard, Open, unenclosed porches 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 (20) per cent and in no case more than six (6) feet, 3. 6~There a roadway is provided in the place or court, two-thirds of the width of such roadway shall be allowed to apply on the foregoing restrictions. SECTION 14.07. In the "R" zones no building shall be here- after erected, structurally altered or used for a school, church, institution or other similar use permitted under the "Use" regulations of this ordinance, unless such buildings are removed at least fifteen (15)~feet from every boundary line of a property included in any "R'~ zone, and provided that no front yard, a.s required in the zone, nor any side yard, as required above, shall be used for play ,or parking purposes. SECTION 14.08. ACCESSORY BUILDI2dGS. An accessory building may occupy not more than twenty-five (25~) per cent of a required rear yard in zones R-1 and R-2, provided. such building is not more than one (1) story in height and located at least ten (10) Peet from the nearest part of a main building. Further, no two (2) story acces- sory building shall occupy any part of a required rear yard, and in the case of a reversed frontage, no accessory building shall be erected closer than five (5) feet to the line of abutting lot to the rear. SECTION 14.0.9. -REAR YARD COMPUTATIONS. 1. In computing the depth of a rear ,yard, for any building where such yard .op ens onto an alley, one-half (-Z) of such alley ma.y be assumed to be a portion of the rear yard. 2. The front and side yard requirements for dwellings and and apartments shall be traived where the latter are above stores.' 3, In any case where a through lot has a depth of not more than one hundred and forty (140) feet, accessory buildings not exceed- ing one (1) story nor fifteen (15) feet in height may be located in one of the required front yards; provided every portion of such build- ing is at least ten (10) Peet from the nearest front lot line. 4. A Porte cochere may be placed over a driveway in a side yard, provided such structure is not more than one (1) story in height, is unenclosed on at least three sides (3) and is entirely open except for the necessary supporting columns and reasonable architectural. features, and shall not be construed as providing garage facilities. -22- SECTION 14.10. MANUFACTURING REQUIREMEIQ^1 S. VThere property classified and used for "Id" purposes faces, sides, or abuts upon pro- perty zoned for "R° purposes there shall be provided a solid fence or wall of at least six (6) feet in height screening said "M" usage from view of the "R° property whether there is a street separation or not, provided details of said required fence shall be approved by the Administrative Committee. .SECTION 14.11. CITY EXCEPTED. The provisions of this ordinance shall not apply to the use of any property by the City, but shall apply to the use of property by any other municipal, political or governmental corporation, body o-r agency. SECTION 14.12. HOME OCCUPATIOIQS. The following occupations are specifically excluded: Real estate sales, beauty shops, doctors! offices (medical, dental, osteopathic, chiropractic), barber shops, shoe repairing, cleaning and dyeing. CHAPTER XV. HEIGHT AD1D USE RESTRICTIONS. SECTION 15.00. The prrovisions of this Chapter shall govern the height and use requirements of property and uses in all zones under this ordinance. SECTION 15.01. °C° ZONES - DEPTH OF 120 FEET OR LESS, "vJhere property classified for °C" uses has a depth of one hundred twenty (120') feet or less as measured at approximate right angles fiom the street frontage indicated as business frontage, additional adjoining property may be used fo-r "C" purposes vrhen such adjoining property fronts upon the side street and the aide of such ad.,joining property abuts upon the property classified_for "C° purposes, and provided that such additional property be utilized only in connec- tion with and as a part of the development of "C° use on the pro- perty classified therefor; that such additional property be not greater than sixty (60) feet in width measured along the side street, and provided further that no~entrance be established or used_ upon such additional property, and provided further that if the property classified for "C!' use has a depth of sixty (60) feet or leas meas- ured as provided above, then the additional property permitted to be used in connection therewith in the manner above defined may not ex- ceed one hundred (100) feet additional, and no entrance shall be established and maintained upon the fifty (50) feet farthest removed from the "C" classified corner created by the intersecting street. SECTIOTd 15.02. Penthouses. or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and. maintain the buildings, and fire or parapet galls, skylights, towers, roof signs; flagpoles, chimneys smokestacks, wireless masts or similar structures may be erected above the height limit. CHAPTER XVI. VARIANCES. SECTIOTd 16.00. taken practical difficulties, unnecessary hardship or results inconsistent with the general purpose of this ordinance result through the strict and literal interpretation and enforcement of the provisions thereof, the Planning Commission of the City of Lynirood, upon the receipt of a verified application from the owner, lessee or purchaser in escrow of the property affected, stating fully the grounds for the application and the facts relied upon, or upon the motion of the said Commission, shall have authority, as an administrative act, to grant, upon such conditions and safeguards as it may determine, such variances from provisions of this ordinance -23- Whenever the owner. of any land. or building desires a reclassification of his property, he shall present to the Plann- ing Commission a petition duly verified by nim requesting an amend- ment, supplement or change of the regulations prescribed for such property. Upon the filing of such verified petition, or the passage of such resolution of intention, the Planning Commission shall pro- vide for such hearings thereon as required by the State Conservation and Planning Act for amendments, extensions or additions to the zoning plan, and notices of such hearings shall be given, and the Planning Commission shall take such action thereon as is provided. for in Chapter XVTII hereof:. . CHAPTER XVIII. PETITIONS, NOTICES, INVESTIGATIONS AND HEARINGS. SECTION 18.00, PETITIONS. The Planning Commission shall prescribe the form in which applications for changes of zone boundaries or classifications or for variances are made. It shall prepare and provide blanks for such purpose and may prescribe the type of ir_for- mation to be provided in the apc7lication by the petitioner. No petition shall be received unless it complies with such requirements.' If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of Lynwood. Petitions or applications filed pursuant to this ordinance shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Planning Com- mission, and there shall be attached. thereto and permanently Piled there*raith copies of all notices and actions with affidavits of post- ing, and publication pertaining thereto. A fee of ttrenty-five 0$25.00) dollars shall be paid upon the filing of each petition, provided for in Chapters XVI and XVII, for the purpose of defraying the expense of postage, posting, adver- tising and other coats incidental to the proceedings prescribed here- in. A written receipt shall be issued to the person making such pay- ment and records of such payments and. expenditures thereof shall be kept in such manner as orescribed by law. SECTION 18.01. NOTICES. All proposals for amending zone boundaries or classification of property uses trithin such zones as are defined by this ordinance or by the granting of variances, shall be set for public hearings by the Secretary of the Planning Commission, the date of the first of which hearings shall be not less than fifteen (15) days nor more than thirty-five (35) days from the time of filing such verified petition or of the adoption of such resolution, or the making of such motion; provided, however, that not ;Wore than one hear- ing shall be required for the purpose of considering the granting of a variance. Notice of the time and place of such hearings shall be given by posting and publication in the following manner, both methods to be used unless otherwise directed by the Planning Commission: (a) Posting in front of the property under consideration, not less than fifteen (15) days prior to the date of the first of such hearings, a notice consisting of the tirords ~~NCTICE OF PROPOSED CEADTGE OF ZONE", or °NOTICE CF PRCPOSED VARIANCE", as the case may be, printed in plain type with letters of not less than one inch in height and a statement in six or eight point type setting forth a , -26- as may be in harmony with its general purpose and intent, so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial ,justice done. SECTION 16.01. The granting of such a variance, when conforming to the provisions of this Section, is hereby declared to be an administrative function the authority and responsibility for performing tirhich is imposed upon the Planning Commission, and the action thereon by the Planning Commission shall be final and conclusive provided the circumstances prevailing in connection with any such variance conform to one or more of the following: 1. Permit, in Zones other than "R-1" the location of the following uses which are prohibited in such zones by the provisions of this ordinance; columbariums, crematories, cemeteries or mauso- leums; hospitals or sanitariums; institutions of a philanthropic nature; mental hospitals; radio or television transmitters; and recreational centers privately operated... 2. Permit a conforming use in a zone to be extended into an adjoining more restricted zone. 3. Permit a transitional use on a lot adjoining a non- conforming building, provided such transitional use shall only be a use permitted. in the next less restricted zone than the one in which the non-conforming building is located., G~. Permit off-street automobile parking lots, public parking areas or storage garages in "R" Zones on property adjacent to existing or proposed multiple dwelling or commercial development. 5. Permit in any district the development of natural resources together with the necessary buildings, apparatus or appurte- nances incident thereto. 6. Permit in the "C" or "M" Zones any use allowed in the next less restricted zone because of its limited nature, modern devices, equipment or tec'nnological improvements, 7. Permit in connection with authorized use in "R-3", °C° and °M° Zones such commercial or industrial uses as are purely incident to such authorized use. 8. Permit temporary buildings and uses for periods of not to exceed two (2) years in undeveloped areas, and for periods of not to exceed six (6) months in developed sections. g. Permit the modification of the automobile parking space or loading space requirements where, in the particular instance such modification will not be inconsistent z=rith the purpose and intent of such requirements, 10. Permit such modification of the height and area regu- lations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located in relation to surround- ing development or physical characteristics, that it cannot otherwise be appropriately improved without such modification. 11. Permit the modification of the conditions under which specific uses are allowed. in certain zones. 12. Permit the location, in the "M-2" Heavy N?anufacturing Zone, such uses as are required by Chapter XI to be approved by the City Planning Commission. Provided, that in no case shall any of the above variances be permitted where they may become detrimental to the existing or future development of the immediate area. or neighborhood. -24- 13. Permit any use necessary to the maintenance of the public health, convenience or general welfare, including churches, temples or otrier places used exclusively for religious worship, public utilities, public schools, private schools not furnishing room or board and other. governmental purposes if such use is necessary to, and not detrimental to, the community, and in the granting of such exception the spirit of the ordinance will be observed, public safety secured and substantial justice done. SECTION 16. for which no defined. be authorized by the to the City Council, subject to review by Section 18..03. 72. Variances other policy has been es t+ Planning Commission and such variances, the City Council in than those specified above and ~blished by this ordinance, may acting in an advisory capacity when so authorized, shall be the manner provided in SECTION 16.03. Upon the filing of a verified petition by a property ot~rner, a lessee, purchaser in escrow, or upon its own motion, the Planning Commission shall give public notice of the intention to consider the granting of a variance as provided in Chapter XVIII. Not more than forty (40) days following said hearing the Planning Commission shall announce its findings by formal resolution, and said resolution shall recite among other things the facts and reasons which, in the opinion of the Commission, make the granting or denial of the variance necessary.to carry out the provisions of this Section ' and the general purpose of this ordinance, and if such resolution grants, or recommends that the variance be granted, as the case may be, it shall also recite such conditions and limitations as may be imposed to serve the purpose of this Section. Such resolutions shall be numbered consecutively in tine order of their passage and shall become a permanent -record of the Planning Commission. SECTION 16..04. Hefore any variance may be granted, it.ahall be shown: 1. That there are exceptional or extrao-rd_inary cireumstailces or conditions applicable to the property involved or to the intended use of the property, that do not apply generally to the property or class of uses in the same vicinity or zone. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the sane vicinity and zone. 3. That the granting of such variance will not be materially detrimental to the public a?elf are or injurious to the property or im- r~rovements in such vicinity and zone in which the property is located; and 4, That tine granting of such variance will not adversely affect the Comprehensive General Plan. Application for a variance shall set forth in detail such facts as, in the opinion of the applicant, pertain to sub-paragraphs 1, 2, 3 and 4, above. CHAPTER Y>VII. AMENDMENTS. SECTION 17.00, Boundaries of the zones established by this ordinance or the classification of property uses therein may be amended, reclassified and altered whenever public necessity and convenience and general t~relfare require. Such changes may be initiated by: (a) the verified petition of one or more owners of property or purchaser in escrow proposed to be so changed or reclassified; (b) Resolution of Intention of the City Council; (c} Resolution of Intention of the Planning Commission. -25- Whenever the owner. of any land or building desires a reclassification of his property, he shall present to the Plann- ing Comrnisslon a petition duly verified by him requesting an amend- ment, supplerzent or change of the regulations prescribed for such property. Upon the filing of such verified petition, or the passage of such resolution of intention, the Planning Commission shall pro- vide for such hearinge thereon as required by the State Conservation and Planning Act for amendrnenta, extensions or additions to the zoning plan, and notices o£ such hearings shall be given, and the Planning Commission shall take such action thereon as is provided for in Chapter XVTII hereof:. CHAPTER XVIII. PETITIONS, NOTICES, IPJVESTTGATIONS AND HEARINGS. SECTION 18.00. PETITIONS. The Planning Commission shall prescribe the form in which applications for changes of zone boundaries or classifications or for variances are made. It shall prepare and provide blanks for such purpose and may prescribe the type of infor- mation to be provided in the application by the petitioner. No petition shall be received unless it complies with such requirements.' If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of Lynwood. Petitions or applications filed pursuant to this ordinance shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Planning Com- mission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with affidavits of post- ing, and publication pertaining thereto. ' A fee of twenty-five 02$.00) dolla.ra shall be paid upon the filing of each petition, provided for in Chapters XVI and XVII, for the purpose of defraying the expense of postage, posting, adver- tising and other coats incidental to the proceedings prescribed here- in. A written receipt shall be issued to the person making such pay- ment and records of such payments and. expenditures thereof shall be kept in such manner as prescribed by law. SECTION 18.01. NOTICES. All proposals for amending zone boundaries or classification of property uses within such zones as are defined by this ordinance or by the granting of variances, shall be set for public hearings by the Secretary of the Planning Commission, the date of the first of w'nich hearings shall be not less than fifteen (15) days nor more than thirty-five (35) days from the time of filing such verified petition or of the adoption of such resolution, or the making of such motion; provided, however, that not more than one hear- ing shall be required for the purpose of considering the granting of a variance. Notice of the time and place of such hearings shall be given by posting and publication in the following manner, both methods to be used unless otherwise directed by the Planning Commission: (a) Posting in front of the property under consideration, not less than fifteen (15) days prior to the date of the first of such hearings, a notice consisting of the words "NOTICE OF PROPOSED CHANGE OF ZONE", or °NOTICE OF PROPOSED VARIANCE°, as the case may be, printed in plain type with letters of not less than one inch in / height and a statement in six or eight point type setting forth a ~` -26- description of the property under consideration, the nature of the proposed change, and the time and place at which a public hearing or hearings on the matter will be held.. If more than one parcel of pro- perty is involved, then notices shall be posted not more than one hundred (1C0) feet apart on each aide of the street upon which said property fronts for a distance of not less than three hundred (300) feet in each direction from said property. (b) Such notice shall contain the same information as is required in a posted notice as above described. SECTICN 18.02. INVESTIG9TIONS. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application set for hearing, including an analysis of precedent cases as gill serve to provide all necessary information to assure action on each case consistent with the purpose of this ordinance and with previous amendments or variances. " SECTION 18.03. HEARINGS. Public hearings a8 provided in this Section shall be conducted before the Planning Commission, or before any member thereof designated_ by the Commission so to serve. The Commission may establish its oern rules for the conduct of public hearings, and the member of the Commission presiding at any such hearing is hereby empowered to administer oaths to any person teat ifying before it. Summary of all pertinent testimony offered. at a public hearing and the names of persons so testifying shall be recorded and made a part of the permanent files of the case. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the Commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to, and at which, said hearings will be continued" and such ammounce- ment shall serve as sufficient notice of such continuance and t~rith- out recourse to the form of public notices as provided for in the first instance by this Section. Upon the completion of a public hearing, the Planning Com- mission shall, not later than thirty-five (35) days thereafter, render its decision on the matter so heard. Failure to so act with- in said thirty-five (35) days shall serve to automatically and immed- iately refer the whole matter to the City Council for such action as it deems t~rarranted under the circumstances. In the event of such failure on the part of the Planning Commission to act, the Secretary of the Planning Commission shall immediately deliver to the City Coun- cil all the records of the matter involved. The Planning Commission shall announce and record its a"ction by formal resolution, and such resolution shall recite the findings of"the Planning Commission upon which it bases its decision. Not later than fifteen (15) days after final action by the Planning Commission on an application for a variance, notice of the decision in the matter shall be mailed to the a_p_plicant at the address shown upon the application. The decision of the Planning Commission in administrative matters of granting or denying the variance as _orovided in Section 16.01 shall be final. -2~- ~~ In the case of a variance granted under the limitations of Section 16.02, the following procedures shall govern: (a) Not later than ten (10) days after final action by the Planning Commission on an application for a variance upon which the action of the Planning Commission can only be advisory, the Secretary of the Planning Commission shall forward to the City Council a copy of the resolution setting forth the findings and recommendations of the Planning Commission. (b) Not-later than twenty (20) days after the final action by the Planning Commission on an application an appeal may be filed., in writing, with the City Council. ' (c) If an appeal from the action of the Planning Commission is filed with the City Council within the time prescribed, the City Council shall set the matter for hearing in the same manner as re- quired in connection with hearings on variances before the Planning Commission. The Secretary of the Planning Commission small also be notified of the filing of such appeal, and upon the receipt of such notice shall transmit to the City Council the complete file of the case. (d) I4ot later than ten days after the final action on such appeal by the City Council, notice of the decision in the matter shall be rsailed to the appellant and the file in the case shall be returned to the archives of the Planning Commission. The decision of the City Council on such matters of appeal shall be final. (e) If no appeal from the action of the Planning Commission is -filed with the City Council as herein provided, the City Council shall, within not more than thirty (30) days, following receipt of the resolution and recommendation from the Planning Gommiasion, con- sider the matters contained therein. If the action of the City Coun- cil is to disapprove the recommendation, such decision shall be final, The decision of the Planning Commission in the legislative matter of amending zone boundaries or use classifications or other matters established by this ordinance shall be advisory only. If an application involving. an amendment be approved, then not later than ten (10) days after final action by the Planning Comrniasion thereon, its recommendation together with the complete records of tine case shall be delivered to the City Council. The City Council shall dispose of the .matter in tine manner prescribed by lavr.:~'' After the City Council has acted, the records of the case shall be returned for permanent filing in the records of the Planning Commission. Not more than ten (10) days after action by the Planning Commission th.e applicant shall be notified by mail of the Commission's decision, CHAPTER XIX, .INTERPRETATION- PURPOSE - CONFLICT. SECTION 19.00. In interpreting and applying the provisions of this ordinance they shall be held to be the minimum reauirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to inter- fere with or abrogate or annul any easement, covenant or other agree- ment between parties. where this ordinance imposes a greater restric- tion upon the use of buildings or land, or upon the height of build ings, or requires larger open spaces than are imposed or required by other ordinances, rules, regu7_ations, or by easements, covenants or agreements, the provisions of this ordinance shall control. _28_ SECTION 19.01. irThere sitv.a.tions occur that terms of this ordinance are in obvious conflict ~,rith each other, or interpretation of a provision could result clearly in ambiguity, the Administrative Committee of the Planning Comtniasion shall by investigation and research determine trherein the intent of this ordinance will best be served, it being understood. that any determination of the Adminis- trative Committee can in no way supplant variance procedure. CHAPTER XX. PER&IITS - LICENSES - COMPLIAIICE. SECTION 20.00. A11 departments, officials or public employees vested. with the duty or authority to issue Hermits or licenses where required by law, shall conform to the provisions of this ordinance. No such license or permit for us ea, buildings, or purposes where the same would be in conflict with the provisions of this ordinance shall be issued. Any such license or permit, if issued in conflict ~..*ith the provisions hereof, shall be null and void. No premises shall be occupied~or used, and no building hereafter erected or altered shall be occupied or used, until a certificate of compliance shall have been issued. by the Secretary of the Planning Commission, provided such certification of compliance shall be required only within those areas mapped under the provisions of this ordinance. CHAPTER XXI. PEAJALTY. SECTION 21.00. Any person, firm or corporation violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be punishable by a fine of not to exceed- Five Hundred 0500.00) Dollars or by imprisonment in the City Jail of the City of Lynwood or the County Jail of Los Angeles County; State of California, for a period of time not to exceed six months, or by both such fine and imprisonment. Each such person, firm, or corporation shall be deemed guilty of a separate offense for every day during any portion of which viola- tion of any provision of this ordinance is committed, continued, or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this ordinance. SECTION 22.00. CHAPTER XXII. REPEALING. ' Ordinances Number 422,""429, 431,439, 454, 456 457, 458, 459; 466; 467; 470; 472; 473; 476, 488, 489; 494; 496; 500; 502; 503, 513; 515; 516; 519; 526; 527, 528> 529, 539> 541, 542, 543, 552; 553, 554, 557, 558, 564, 565, are hereby repealed, provided, however, that the enactment of this ordinance shall not serve to terminate or other- wise affect variances, permits, or other ad,justrnenta authorized under the provisions of the said ordinances hereby repealed. CHAPTER XXIII. ENACTING SECTION 23.00. The City Clerk is hereby ordered and. directed to certify to the passage of this ordinance and to cause the same to be published once in the Lyntieood Press, a newspaper of general circu- lation printed and circulated in the City of Lynwood. First read at a regular meeting of the City Covncil of said City held on the 21st day of August , 1951, and finally adopted and. ordered published at a regular meeting of said Council held on the 4th day of September 1951, by the following vote: -29- • , _ e. AYES: COUNCILMEN Bruner, Daetweiler, Moffitt, Sneddon and Willard. NOES: COUNCILA4ETd None. ABSENT: COUNCILMEN None. ATT%ST: CI, Y CLE_~I., ,C F LYN~nr OD w r -3a-