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Home My WebLink About1696 l I . ~ . ORDINANCE NO. 1696 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE REPEALING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 2, PART 2, DIVISIONS 1 AND 2, AND AMENDING VARIOUS SECTIONS IN DIVISIONS 0, 1, AND 2 THEREOF PERTAINING TO SIDE YARD AND REAR YARD SETBACKS IN THE R-M, R-O AND R-l ZONES. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by amending Sections 9250.3.4, 9251.2.4, 9251.2.5, 9251.2.6, 9252.2.4, 9252.2.5, and 9252.2.8 thereof to read respectively as follows: "9250.3.4. than twenty-five a dwelling shall (35) feet (10.67 REAR YARD. There shall be a rear yard of not less (25) feet (7.62 meters). Any two-story portion of have a rear yard setback of not less than thirty-five meters) . II "9251.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten (10) feet (3.05 meters) in width." "9251.2.5. SAME. CORNER LOT. On corner lots the required side yard adjoining the interior lot shall be not less than ten (10) feet (3.05 meters) in width. The required side yard on the street side of a corner lot shall be not less than twenty (20) feet (6.09 meters)." "9251.2.6. REAR YARD. There shall be a rear yard of not less than thirty-five (35) feet (10.67 meters)." "9252.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than five (5) feet (1.52 meters) in width. Any two (2) story portion of a dwelling shall have a side yard setback of not less than ten (10) feet (3.05 meters)." "9252.2.5. SAME. CORNER LOT. On corner lots the required side yard adjoining the interior lot shall be not less than five (5) feet - 1 - 1696 (1.52 meters). The required side yard on the street side of a corner lot shall be not less than ten (10) feet (3.05 meters). Any garage opening directly upon a side street shall be located not less than twenty (20) feet (6.10 meters) from the street side lot line." "9252.2.8. REAR YARD. There shall be a rear yard of not less than twenty-five (25) feet (7.62 meters). Any two (2) story portion of a dwelling shall have a rear yard setback of not less than thirty- five (35) feet (10.67 meters)." SECTION 2. Sections 9251.2.4.1, 9251.2.6.1, 9252.2.4.1, and 9252.2.8.1 are hereby repealed. SECTION 3 . 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 4 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 5 . 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. - 2 - 1696 SECTION 6 . 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. SECTION 7. 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 (l5) days after its ad~ption. PASSED AND ADOPTED BY THE CITY COUNCIL of the City of Arcadia at its regular meeting held on the 18th day of March, 1980. SIGNED AND APPROVED this 18th day of March, 1980. ~r!of~~ ATTEST: C~ty C 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 18th day of March, 1980, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Gilb, Parry, Pe11egr:lno and Saelid NOES: None ABSENT: Councilman Margett C~ty Clerk of - 3 - 1696