HomeMy WebLinkAbout1658 (2)
ORDINANCE NO. l658
AN ORDINANCE OF THE CITY OF ARCADIA AMENDING SEC-
TIONS 925l.2, 9252.l.l, 9252.2, 9244, 9244.2 RE-
PEALING 925l. 2.9, 9251. 2. lO, 9251. 2.11, 9252.2.12,
9252.2.13, 9252.2.l4, 9252.2.l6, 9252.2.19,
9252.2.20, AND 9283.7 AND ADDING 9220.2l.l, OF THE
ARCADIA MUNICIPAL CODE PERTAINING TO EXISTING NON-
CONFORMING IMPROVEMENTS IN THE R-l & R-O ZONES,
ELIMINATING INCONSISTENCIES WITH NEW SUBDIVISION CODE,
DEFINING SINGLE FAMILY DWELLING AND CLARIFYING SINGLE
FAMILY DWELLING USE IN THE R-l ZONE.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. That Sections 9251.2. 9252.1.1. 9252.2, 9244, and
~244.2 of the Arcadia Municipal Code are hereby amended to read as
follows:
"925l.2. GENERAL. The regulations set forth in this
title shall apply in the R-O first one-family zone unless other-
wise provided in this Chapter.
EXCEPTION. Nonconforming buildings and structures for
which construction was commenced and completed in conformance
with the Arcadia Municipal Code under the authority of a valid
building permit need not be brought into conformance with the
fOllowing regulations unless destroyed to the extent of more
than seventy-five percent (75%) of its reasonable value by the
causes specified in Arcadia Municipal Code Section 9244.3,
however, all additions to aforesaid nonconforming buildings
and structures shall comply with the regulations set forth in
this title."
"9252.1.1. SINGLE-FAMILY DWELLINGS. Any use permitted
in the R-O First One-Family Zone; one (l) single-family dwell-
ing of a permanent character and placed in permanent location
containing not less than twelve hundred (l,200) square feet
of floor area, exclusive of porches, garages, entries, patios
and basements; private garages; accessory buildings and car-
ports. On lots containing fifteen thousand (l5,000) or more
square feet there may be accessory living quarters contained
-l-
l65S
in only one (l) accessory building."
"9252.2. GENERAL. The regulations set forth in this
title shall apply in the R-l second one-family zone unless
otherwise provided in this Chapter.
EXCEPTION. Nonconforming buildings and structures for
which construction was commenced and completed in conformance
with the Arcadia Municipal Code under the authority of a valid
building permit need not be brought into conformance with the
following regulations unless destroyed to the extent of more
than seventy-five percent (75%) of its reasonable value by the
causes specified in Arcadia Municipal Code Section 9244.3,
however, all additions to aforesaid nonconforming buildings
and structures shall comply with the regulations set forth in
this title."
"9244. NONCONFORMING BUILDINGS. Except as may be per-
mitted in accordance with title 2 of divisions 1 and 2 of part
5 of this Chapter or divisions 1 and 2 of part 9 of this Chapter,
while a nonconforming building exists on any lot, no other
building shall be constructed even though such other building
would otherwise be a conforming building."
"9244.2. SAME. CONTINUANCE. A nonconforming building
may be continued, provided no additions or enlargements are
made thereto and no structural alterations are made therein,
except those required by law or except as may be permitted in
accordance with title 2 of divisions land 2 of part 5 of this
Chapter or divisions land 2 of part 9 of this Chapter. If
such nonconforming building is removed, every future use of
such premises shall be in conformity with the provisions of
this Chapter."
Section 2. That Sections 9251.2.9, 9251.2.10, 925l.2.ll,
9252.2.l2, 9252.2.l3, 9252.2.l4, 9252.2.16, 9252.2.l9, 9252.2.20
and 9283.7 of the Arcadia Municipal Code are hereby repealed.
-2-
1658
Section 3. That the Arcadia Municipal Code is hereby amended
by adding Section 9220.21.1 to read as follows:
"9220.2l.l. DWELLING, SINGLE-FAMILY. same as DWELLING,
ONE-FAMILY."
Section 4. 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 mis-
demeanor. 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 im-
prisonment. 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 5. In addition to the penalties provided in the pre-
ceding Section, any condition caused or permitted to exist in viola-
tion 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 6. 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 juris-
diction, 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 uncon-
stitutional.
-3-
1658
Section 7. Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the pro-
secution 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 8. The Clerk of the Council shall certify to the pass-
age 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
ad.iou:r:ned .
at its jI""egular meet long held on the 1st day of November , 1978.
SIGNED AND APPROVED this 1st day of November ,l978.
City Clerk of
a'd-J-I HE~EBY CERTIFY that the foregoing ordinance was adopted at
ourned"
alregular meeting of the City Council of the City of Arcadia,
California, held on the 1st day of November, 1978, by the
affirmative vote of at least three Councilmen, to wit:
AYES: Councilmen Margett, Pellegrino, Saelid and Parry.
NOES: None
ABSENT: Councilman Gilb. ~. . ~
~~-~
City Clerk 0 tne City of ARcadia.
-4-- l658