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HomeMy WebLinkAbout1718 E OF THE CITY OF ARCADIA AMENDING SECTION 9255.1.5 OF THE ARCADIA'MUNICIPAL CODE TO AUTHORIZE LIMITED IMPROVEMENTS TO NONCONFORM- ING SINGLE-FAMILY DWELLINGS IN THE R-3 ZONE. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Section 9255.1.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.1. 5. NONCONFORMING USES AND STRUCTURES. No building permit shall be issued for any structure and no structure shall be erected upon any property regulated by this Division unless all non- conforming uses of the property are discontinued and abandoned. No building permit shall be issued for any structure to be erected upon property regulated by this Division unless the plans accompanying the application include the removal or remodeling to conform to the pro- visions of this Division of all nonconforming structures and buildings on the property; provided that a permit for the limited purposes here- after listed may be issued for any property containing a nonconforming single-family dwelling. Any construction on the property other than for said limited purposes shall require removal or remodeling in accordance with the provisions of this Section. Said purposes are: 1. For five hundred (500) square feet of additional floor area (cumulative), including covered patios proposed to be added to the main single-family dwelling on the lot. The Modification Committee, pursuant to modification procedures, may permit an additional five hundred (500) square feet of floor area (cumulative). 2. Other alterations to the main single~family dwelling which do not create additional space. 3. Required parking facilities for the main single-family dwell- ing. 4. A swimming pool. R-l regulations shall apply to the above exceptions. II -1- 1718 SECTION 2. 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 provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 3. 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 4. 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 com- petent 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 5. 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 pro- visions 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. -2- 1718 . SECTION 6. 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 ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 5th day of May, 1981. SIGNED AND APPROVED this 5th day of May, 1981. (/ Mayor ATTEST: t?tu~d~ City Clerk of the C~ty of Arcad~a I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 5th day of May, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: . Councilmen Dring, Haltom, Pellegrino, Saelid and Gilb None NOES: ABSENT: None ~/~hj,~ C~ty Clerk of the City of Arcadia -3- 1718