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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