HomeMy WebLinkAbout1760
JEFFECTlVE ;1-q ~ r 3
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ORDINANCE NO. 1760
AN ORDINANCE OF THE CITY COUNCIL AMENDING THE
ARCADIA MUNICIPAL CODE BY AMENDING VARIOUS
SECTIONS OF ARTICLE IX, CHAPTER 2, PART 6 AND
SECTION 9292.l.4 THEREOF PERTAINING TO SIDE
YARDS, REAR YARDS, WINDOW OPENINGS, BALCONIES,
DECKS, OPEN STAIRWAYS AND MODIFICATION PROCE-
DURES THEREFOR IN THE VARIOUS COMMERCIAL.ZONES
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. That the Arcadia Municipal Code is hereby
amended by amending Section 9261.2.3 thereof to read as follows:
"9261. 2.3. SIDE YARD. There shall be a side yard on
each of every building in accordance with the following:
a. Where the side property line abuts commercial
or industrial zoned property, a minimum side yard of
three (3l feet shall be maintained.
b. Where the side property line abuts a dedicated
alley which separates such side' property line from
abutting commercial or industrial zoned property, no
side yard set back shall be required.
c. Where the side property line abuts residential
zoned property, a minimum side yard setback of ten (lOl
feet shall be maintained, except that no portion of any
structure shall encroach through a plane projected from
an angle of forty-five (45l degrees as measured at the
ground level along the side property ,line.
d. Where the side property line abuts a dedicated
alley which separates such side property line from
abutting residential zoned property, the side yard shall
have a minimum depth of ten (lOl feet, shall be measured
from center line of said alley and the forty-five (45)
degree angle of aforedescribed plane may be measured at
the ground level along the center line of said alley."
SECTION 2. That the Arcadia Municipal Code is hereby
amended by amending Section 9261.2.4 thereof to read as follows:
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"926l.2.4. REAR YARD. There shall be on every lot or
parcel of land a rear yard in accordance with the following:
a. Where the rear property line abuts commercial
or industrial zoned property, a minimum rear yard set-
back of twenty (20l feet shall be maintained.
b. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting commercial or industrial zoned property, the
rear yard shall have a minimum depth of twenty (20l
feet, and such rear yard may be measured at the ground
level from the center line of said alley.
c. Where the rear property line abuts residential
zoned property a minimum rear yard setback of twenty (20l
feet shall be maintained, except that no portion of any
structure shall encroach through a plane projected from
an angle of forty-five (45) degrees as measured at the
ground level along the rear property line.
d. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting residential zoned property, the rear yard shall
have a minimum depth of twenty (20) feet, shall be
measured from the center line of said alley and the
forty-five (45) degree angle of aforedescribed plane may
be measured at the ground level along the center line of
said alley."
SECTION .3. That the Arcadia Municipal Code is hereby
amended by amending Section 926l.2.5 there of to read as follows:
"926l.2.5. WINDOW OPENINGS, BALCONIES, DECKS, OPEN
STAIRWAYS, ELEVATED WALKWAYS. No window openings, balconies, decks,
open stairways, or elevated walkways shall be permitted facing
abutting residentially zoned property.
EXCEPTION. The aforementioned limitation shall not apply
to window areas which are located more than six feet six inches
(6'-6"l above the floor level or to fixed translucent areas."
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SECTION 4. That the Arcadia Municipal Code is hereby
amended by amending Section 9262.2.3 thereof to read as follows:-
"9262.2.3. SIDE YARD. There shall be a side yard on
each side of every building in accordance with the fOllowing:
a. Where the side property line abuts commercial
or industrial zoned property or where the side property
line abuts a dedicated alley which separates such side
property line from abutting commercial or industrial
zoned property, no side yard setback shall be required.
b. Where the side property line abuts residential
zoned property a minimum side yard setback of ten (lOl
feet shall be maintained, except that no portion of any
structure shall encroach through a plane projected from
an angle of forty-five (45) degrees as measured at the
ground level along the side property line.
c. Where the side property line abuts a dedicated
alley which separates such side property line from
abutting residential zoned property, the side yard shall
have a minimum depth of ten (10) feet, shall be measured
from the center line of said alley and the forty-five
(45) degree angle of aforedescribed plane may be measured
at the ground level along the center line of said alley."
SECTION 5. That the Arcadia Municipal Code is hereby
amended by amending Section 9262.2.4 thereof to read as follows:
"9262.2.4. REAR YARD. There shall be on every lot or
parcel of land a rear yard in accordance with the following:
a. Where the rear property line abuts commercial
or industrial zoned property, a minimum rear yard set-
back of twenty (20) feet shall be maintained.
b. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting commercial or industrial zoned property, the
rear yard shall have a minimum depth of twenty (20)
feet, and such rear yard may be measured at the ground
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level from the center line of said alley.
c. Where the rear property line abuts residential
zoned property a minimum rear yard setback of twenty
(20) feet shall be maintained, except that no portion
of any structure shall encroach through a plane pro-
jected from an angle of forty-five (45l degrees as
measured at the ground level along the rear property
line.
d. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting residential zoned property, the rear yard shall
have a minimum depth of twenty (20) feet, and such rear
yard and the forty-five (45) degree angle of aforedes-
cribed plane may be measured at the ground level along
the center line of said alley."
SECTION 6. That the Arcadia Municipal Code is hereby
amended by amending Section 9262.2.5 thereof to read as follows:
"9262.2.5. WINDOW OPENINGS, BALCONIES, DECKS,. OPEN
STAIRWAYS, ELEVATED WALKWAYS. No window openings, balconies, decks,
open stairways, or elevated walkways shall be permitted facing
abutting residentially zoned property.
EXCEPTION. The aforementioned limitation shall not apply
to window areas which are located more than six feet six inches
(6'-6") above the floor level or to fixed translucent areas."
SECTION 7. That the Arcadia Municipal Code is hereby
amended by amending Section 9263.2.3 thereof to read as follows:
"9263.2.3. SIDE YARD. There shall be a side yard on
each side of every building in accordance with the following:
a. Where the side property line abuts commercial
or industrial zoned property, or where the side property
line abuts a dedicated alley which separates such side
property line from abutting commercial or industrial
~oned property, no side yard setback shall be required.
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b. Where the side property line abuts residential
zoned property a minimum side yard setback of ten (lOl
feet shall be maintained, except that no portion of any
structure shall encroach through a plane projected
from an angle of forty-five (45) degrees as measured
at the ground level along the side property line..
c. Where the side property line abuts a dedicated
alley which separates such side property line from
abutting residential zoned property, the side yard shall
have a minimum depth of ten (lOl feet, shall be measured
from the center line of said alley and the forty-five
(45) degree angle of aforedescribed plane may be measured
at the ground level along the center line of said alley."
SECTION 8. That the Arcadia Municipal Code is hereby
amended by amending Section 9263.2.4 thereof to read as follows:
"9263.2.4. REAR YARD. There shall be on every lot or
parcel of land a rear yard in accordance with the following:
a. Where the rear property line abuts commercial
or industrial zoned property, a minimum rear yard set-
back of twenty (20l feet shall be maintained.
b. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting commercial or industrial zoned property, the
rear yard shall have a minimum depth of twenty (20l feet
and such rear yard may be measured at the ground level
from the center line of said alley.
c. Where the rear property line abuts residential
zoned property a minimum rear yard setback of twenty
(20) feet shall be maintained, except .that no portion of
any structure shall encroach through a plane projected
from an angle of forty-five (45) degrees as measured at
the ground level along the rear property line.
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d. Where the rear property line abuts a dedicated
alley which separates such rear property line from
abutting residential zoned property, the rear yard shall
have a minimum depth of twenty (20) feet shall be mea-
sured from the center line of said alley and the forty-
five (45) degree angle of aforedescribed plane may be
measured at the ground level alonq the center line of
said alley."
SECTION 9. That the Arcadia Municipal Code is hereby
amended by amending Section 9263.2.6 thereof to read as follows:
"9263.2.6. WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIR-
WAYS, ELEVATED WALKWAYS. No window openings, balconies, decks,
open stairways, or elevated walkways shall be permitted facing
abutting residentially zoned property.
EXCEPTION. The aforementioned limitation shall not apply
to window areas which are located more than six feet six inches
(6'-6") above the floor level or to fixed translucent areas."
SECTION 10. That'the Arcadia Municipal Code is hereby
amended by amending Section 9265.2.4 thereof to read as follows:
"9265.2.4. WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIR-
WAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open
stairways, or elevated walkways shall be permitted facing abutting
residentially zoned property.
,
EXCEPTION. The aforementioned limitation shall not apply
to window areas which are located more than six feet six inches
(6'-6") above the floor level or to fixed translucent areas."
SECTION 11. That the Arcadia Municipal Code is hereby
amended by amending Section 9292.1.4 thereof to read as follows:
"9292.1.4. AUTHORITY. In order to Secure an appropriate
improvement, prevent unreasonable hardship or to promote uniformity
of development, the Modification Committee shall have the authority
to approve, conditionally approve or deny modifications of the
following~
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1. Driveway and parking stall size requirements.
2. Apartment unit size.
3. Building length.
4. Distance between buildings.
5. Usable open space regulations.
6. Fence, wall and hedge regulations.
7. Sign regulations.
8. Utility and storage space requirements.
9. Swimming pool regulations.
lO. R-3 building height regulations, provided that such
regulations, as modified, shall not permit a building to exceed
thirty-five feet (35') in height nor two (2l stories or two (2l
stories of living quarters over one (ll story of parking.
11. Height of noncommercial structures.
l2. Number of required parking spaces.
13. When the maximum number of units permitted in the R-2.
and R-3 zones has a fractional remainder greater than one half, the.
Modification Committee may allow the maximum number of units to be
rounded off to the next highest whole number.
14. Front, side or rear yard setbacks, provided that a
setback from a street shall be modified only' with the unanimous
approval of the Committee and a written declaration of the Director
of Public Works that the modification, if granted, will not adversely
affect any foreseeable need for widening the street.
15. In the R-O First One-Family zone and the R-l Second
One-Family zone for any property with two or more one-family
dwellings which are nonconforming uses, structures or buildings
under Arcadia Municipal Code Sections 925l.l and 925~.l.1:
(a) for five hundred (500) square feet of additional
floor area (cumulativel, including covered patios proposed to be
added to the main dwelling on the lot;
(bl other alterations to the main dwelling which do not
create additional space;
(c) a swimming pool;
(d) required parking facilities for the maln dwelling;
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provided that the application for a modification permit for sub-
divisions (al, (b), (c) or (d), above, is accompanied by plans
which provide for the removal or remodeling of all nonconforming
uses, structures and buildings to conform .to the provisions of the
Arcadia Municipal Code. In such a case, the modification permit
shall require as a condition of approval, the removal or remodeling
.of all nonconforming uses, structures and buildings prior to or
concurrent with the alteration or improvement specified in (al,
(bl, (cl or (dl, above.
16. Tennis and Paddle Tennis Courts - Construction and
Operation Standards.
17. Window Openings, balconies, decks and open stairways
under Sections 926l.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the
Arcadia Municipal Code."
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SECTION l2. No person shall violate any provision, or fail to comply with any
of the requirements of this ordinance. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of this ordinance shall be
guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of
this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or
by imprisonment in the City Jailor County Jail for a period not exceeding six months,
or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation of any pro-
vision of the ordinance is committed, continued, or permitted by such person and shall
be punishable accordingly.
SECTION 13. In addition to the penalties provided in the preceding section, any
condition caused or permitted to exist in violation of any of the provisions of this
ordinance shall be deemed a public nuisance and may be, by the City, summarily abated
as such, and'each day such condition continues shall be regarded as a new and separate
offense.
SECTION l4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
of Arcadia hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
anyone or more sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
SECTION 15. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances,
which violations were committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating to the collection of any
such license or penalty or the penal provisions applicable to any violation thereof,
nor to affect the validity of any bond or cash deposit in lieu thereof, required to
be posted, filed or deposited pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 16. The Clerk of the Council shall certify to the passage and adoption
of this ordinance and shall cause the same to be published in the official newspaper
of the City of Arcadia within fifteen (15) days after its adoption. '
PASSED AND
ing held on the
ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meet-
4th day of January, 1983.
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I HEREBY CERTIFY that the-'f.9re~Oi;:;=g~6i~j:pa;e( was adopted at a regular meeting of
the City Council of the City of.)Arc.,!Q.t~,: Cali,fo'~a, held on the 4th day of January,
1983, by the affirmative vote of at 'least::';three-Councilmen , to wit:
"'~ '-.;-'- ~ /
~~~:cilmen Dring'~a?{Hannah & Lo~'eSki ~
Councilman Pellegrino '. r A A __ A _ /
-~~ ~_.~
City Clerk
, -', -"'--.
Y'" --~.,- I~~ Mayor Pro
,. . '#.J/.
.,'":, ----... or
.I.; . ,< -=-- --- -.".....
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the City of Arcadia
AYES:
NOES:
ABSENT:
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