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Home My WebLink About0760 I - ORDINANCE NO. 760 AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF ARCADIA, ETC. (Original Copy) ,J . 1'1 o~, 100 ORDINfu~CE NO. 760 AN ORDINANCE ESTABLISHIHG ZONES IN TIE CITY OF ARCADIA AND THEREIN REGULATING THE USE OF LAiW: HEIGHT OF BUILDINGS AND YARD SPACES: ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES: DEFINING THE TERJ.:S USED IN Tr;IS ORDINAnCE.: PROVIDING FOR ITS ADJUSTMENT, AMEIIDM~NT AIID ENFORCEl'.lli~!T: PRESCRIBING PENALTIES FOR VIOLATION AND REPEALING ORDINANCES OR PORTIONS , OF ORDINJ\lI! CES IN CONFLICT THERE'.'lITH. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. An official land use plan for the City of Arcadia is hereby adopted and established to serve the public health, safety and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. SECTION 2. DEFINITIONS: This ordinance which defines and makes effective the Land Use 't\\'i)t.\) q Ob ,,~.\ \\0. Plan of the Cit~r of Arcadia shall be known as the "Zoning Ordinance" fj~:ij. l'> and for the purpose 0 f this ordinan:::e certain words and terms are defined. Words in the present tense include the future, words in the singu- lar number include the plural; and words in the plural number include the singular; the word "shall" is mandatory. The term "City Couhcil" means the City Council of the City of Arcadia, and the term "Commission" or "Planning Corcmission" means the City Planning Commission of the City of! Arcadia. The word "City" when used means the City of Arcadia. "Accessory": A building, par't of building or struc ture or use which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot. Where the wall of an accessory building is a par t of, or joined to, the wall of the main building, such a:cessory building sh&l be counted as part of the main building. "Accessory living quarters": Living qJ. arters vlithin an accessory building for the sole use of persons employed on the premises or for temporary use by guests of occupants of premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. -1- IIvD~,,^ !J 1~ 0 '" Ofte'l, IIAlleyll: A public or private way permenently reserved as a secondary means of access to abutting property. IIApartment": A room or a suite of two or more rooms in a mul- tiple dwelling, occupied or suitable for occupancy as a residence for one family. "Apartment Hotel": A bui!hding or portion thereof designed for or containing both individual suest rooms or suite of rooms and dwelling units. "Apar tment House": See "Dv/elling, Mu1.tiple". "Automobile V1reckingll: The dismantlirg or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dis- mantled or wrecked vehicles or their pmrts. "Basement": A story partly underground and having one-half or more of its height below the average 1 evel of the adjoinine; ground. A basement, whell designed for, or occupied by dwellings, business or manufacturing shall be considered to be a story. "Boarding House": A building wher e 10 dging and meals are pro- vided for compensation for five (5) but not more than fifteen (15) persons, not including rest homes. "Building":' A permanently located structure having a roof (all forms of vehicles excluded). "Building Height": The vertical distance measured from the averag'9 level of the highest and lowest point of that portion of the site cover.9d by the building to the ceIling of the uppermost story. "Building-site II : The ground area of a building or group of buildings together with all open spaces as required by this ordinance. "Blockll: All property fronting upon one side of a street between intereec ting and intercepting streets, or between a street and right-of.. way, water way,9nd of dead-end street, or city boundary. An inter- cepting street s::1all determine only the boundary of the block on the side of the s tre'9t which it intercepts. -2- f 1t[; O~' "Bungalow Court": A g:roup of four or more detached or semi- detached one-story, one or two-family duellings located upon a single lot, together with all open spaces as required by this ordinance occupying a building site in one ownership and used for non-transient living accomodations. Two-family dwellings shall mean two units as defined" under "Dwelling, Two-family". "Business or Commercell: The purchase. sale or other transaction involving the handling or dispostion of any article, substance or commodity for l:lvlihood or profit, or the OImership or management of office buildings, offices, recreational or amusement enterprises or the maintenance and use 0 f offices by professions and trades rendering services. "Carport": An accessory residential use consisting of a reserved space, :roofed or unroofed, and established for the convenient loading and unloadine; of passengers and for the accomodation of a passene;er car when not in use. "Club": An association of persons for some common non-profit purpose but not inc luding groups organized primarily to render a service which is customarily carried on as a business. IIConvalesce~'lt Homes II: See IIRest Homes". "Dwelling": A building or portion thereof designed exclusively for residential purposes, including one-family, two-family and multiple duellings, but not includiIE hotels, boarding and lodging houses. "Dwelling Unit": One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living or sleeping purposes, and having only one (1) kitchen. IIDwelling, ene-family": A detached building desiEned exclusively for occupancy by one family. "Dwelling, two-family": A building designed exclusively for occu- pancy by two families livins independently of each other. IIDwelline;, Multiplell: A building, or portion thereof, designed for occupancy by three or more families living independently of each other. "Educational Institutionsll: Colleges or universities supported wholly or in par t by public funds and other colleges, univers~t:iJ3s 971 -3- r1.M:1, 1w schools giving general academic instruction, as determined by the state Board of Education. "Family":: An individual, or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons, excluding servants, who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. "Garae;e, :Private": An accessory buildine; or an accessory portion of the main buildine, designed or used only for the shelter or storage of vehicles ovmed or operated by the occupants of the main building. "Garage, publicll: A building other than a private garage used for the care, repair or equipping of 8Utomobile~, or where such vehicles are kB pt for remuneration, hire or sale. "Group houses": Two or more separate buildings, each contain- ing one or more dwelling units. "Guest Hone": See "Rest Homes"'. "Guest House"': See "Accessory living quarters"'. "Hotel"': A building in which there are six or more guest rooms where lodging wJ.th or wi thout meals is provided for compensation as the more or leSE: temporary abiding place of individuals and where no provision is made for cooking in any individual room or suite. Jails. hospitals. asylums, sanitariums or orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint are specifically not included. "Kitchen": Any room used or intended or designed to be used for cooking or the preparation of food. "Loading Space": An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the te!l1- porary parking of a commercial vehicle while loading or unloading merchandise or materials. "Lodging House": A building with not more than five (5) guest rooms where, for compensation. lodging is provided for five (5) but not more than ten (10) persons. "Lot":: (1) A parcel of real property as shown as a delineated parcel of land with a number or other -4- designation on a plat recorded 0./1-01, 160 in the of~ice of the County Recorder of Los Angeles County, or (2) an area or parcel of land used, or capable of being used for a building wi th yards or other open spaces required by this or other ordinances, and provided such area or parcel contains not less than the prescribed number of square feet required in the IDne in which such parcel is located; and provided that each such parcel has per- manent, legal access to a public street, and (3) a parcel of land other than such described in item (1) hereof held under separate ownership prior to the date of June 1940 and containing less than the prescribed minimum area and having permanent legal access to a public street. "Lot areall: The total horizontal area within the lot lines of a lot. "Lot, Corner": A lot situated at the intersection of two (2) or more streets, having an angle of intersecti.on of not more than one hundred and thirty-five (135) degrees. "Lot Depth": The horiw ntal distance between the frontcarid rear lot lines, measured in the mean direction of the side lot lines. "Lot, interior": A lot other than a corner lot. "'Lot, keyn': The first lot to the rear of a reversed corner lot and whether or not separated by an alley. "Lot, rev'3rsed corner": A corner lot, the side street line of which is ~ubsta~tially a continuation of the front lot line of the lot upon which :it rears. "Lot, through": A lot having frontage on two (2) parallel or approximately parallel streets. "Lot ..idth"': The horizontal dis tance between the s ide lot lines mea~ured at right angles to the lot depth at a point midway between the front and rear lot lines. "Lot line, frontll: In the case of an interior lot, a line separating the lot from the street, and the line separating the narrowest street frontage of the lot from the street in the case of a corner lot. "Lot line, rear": A lot line which is opposite and most distant -5- ad -;&0 from the front lot line and, in the case of an irregular, triangular or goreshaped lot, a line ten (10) feet in length within the lot parallel to and at the maximum distance from the front lot line. "Lot line, side": Any lot boundary line not a front lot line or a rear lot line. "Motel": See "Tourist Courtll. "'Non-conforming Building":: A building or portion thereof law- fully existing at tho time this ordinance became effective and \'hich was designed, erected or structurally altered for a use which does not conform to the use zone in which it is located, or which does not comply with all the reeulations of the IDne in which it is located. "Non-conformine; Use": A use which lawfully occupied a building or land at the time this ordinance became effective and which does not conform with the use reGulations of the ~e in which it is located. "Parking area, public": An open area other than a street, alley or place, used for the temporary parking of more than four (4) automobiles and available for public use whether free, for compensation or as an accomodation for clients or customers. "Parking space, automobiles": Space within a building or park- ing area for the temporary parking or storage of one (1) automobile. "Place": An open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.. "Rest Homeu;: Same as boarding house, but permitting nursing, dietary and other personal services rendered to convalescents, invalid,s and ased persons, but excludine cases of contagious or communicable diseases, and excluding surgery or primary treatments such as are customarily provided in sanitariums and hospitals. uSchools" Elementary and Highll: An institution of learning \vhich offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state of California. "Service Stationll:: A filling station to supply motor fuel and oil to motor vehicles, and including grease racks, one wash rack or -6- O~d. 1tfJ pit, tire repairs, battery servicing, ignition service, necessary sales and other customary services for automobiles, but excluding painting, body work and steam cleaning. "Stable, private": A detached accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale. "Stable, public": A stable other than a private stable. "Storyll: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. "Street":: A public or private thoroughfare which affords principal means of access to abutting property. "street, sidell: That street bounding a corner lot and which extends in the general direction as the line determining the depth of the lot. "street l:~ne'f: The boundary line between street and abuttine; property. "structurEl": Anything constructed or erected, which requires location on the ground or attached to something having a location on t he ground, but not inc luding fences or walls used as fences less than six (6) feet in heiBht. "structurs,l Alterationsll': Any change in the supporting members of a building su.ch as bearing walls, columns, beams, floor or roof joists, girders, or rafters or changes in roof or exterior lines. "Tourist Court": A group of attached or detached buildings' containing individual sleeping or living unit with garaBe attached or parking space conveniently located to each unit, all for the mmporary use by automobile tourists or transients; includes auto courts, motels or motor lodges, but excludes trailer c8mp. "'rrailer, automobile": A vehicle without motor power, designed to be dra\'m by a motor vehicle and to be used for human habitation and for carrying persons and property, includins a trailer coach. Includes also a self-propelled vehicle having a body designed for -7- the same uses' . J 160 0/1-' . as an automobile trailer. IITransient": When used to define living accomodations shall be deemed to describe such accomodations when customarily used or furnished for a period of 48 hours or less. IIUsell: The purpose for which land or building is arranged, designed or intanded, or for which either is or may be occupied or maintained. IIYard": An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward. "Yard, Frontll: A yard extendins across the full width of the lot, the depth of vlhich is the minimum horizontal distance betv/een the front lot line and a line parallel thereto on the lot. IIYard, Rearll': A yard extending across the full width of the lot between the main building and the rear lot line; the depth of the re'luired rear yard shall be measured horizontally from the nearest part of the main building toward the rear lot line. IIYard];: side": A yard betv/een the main building and the side lot line, extenc,ing from the front yard or front lot line where no front yard is required to the rear yard;: the width of the required side yard shall be measured horizontally from the nearest point of a side lot line toward the nearest part of a main building. SECTION 3: ESTABLISHING ZD lIES AND LII.lITIHG THE USZS OF LAND THEREON. ,,} t1 "'\'~<': ql,;\ . .:~" ~o. In order to classify, regulate, restrict and segregate the \:"...\1' '-''C i\ uses of ]a nd and buildings, to reVllate and restrict the height and ..It'I(IJut[). OilD. NJ. 9/,7 bulk of buildings and to regulate the area of yards and other open spaces about buildings, and to resulate the density of population, eleven (11) classes of zones are established to be known as follows: v IIR-OII IIR-I'1: IIR-211: IIR-311 lI:plI' IIC-211 IIC_3rr 111:1-1.11 "M-211: IIS_l't. IIS-211 FIRST ONE-FAMILY ZD NE SECOND OHE-FA1.lILY ZD NE TWO-FA/lILY ZONE !.IULTIBLE-FAMILY ZONE AUTOI,TOBILE PARKING ZONE GENERAL COW.lERCIAL ZONE COI.Il;ERCIAL PARKING ZD HE LIGHT MA.1'WFACTURING ZD NE HEAVY r,iAHUFACTURING ZONE SPECIAL USE ZD NE PUBLIC PURPOSE ZO~ffi -8- O~L e-f. 7t (} which said several :rones are hereby established, and which said class- ifications and zo nes are shown and delineated on the Zoning ~,Iap of the City of Arcadia, which said map may for convenience be divided into parts and sections and attached hereto and adopted hereby and made a part hereof. Changes in the boundaries of any such zones may and shall be made by ordinance. Where unc'3rtainty exists as to the boundaries of any m ne shown upon said zoning map, the following rules shall apply. (a) ffuere such boundaries are indicated as approximately follow- ing street and alley lines or lot lines, such lines shall be construed to be such boundaries; (b) In the case of unsubdivided property and where a IDne boundary divides a lot, the lre ation of such boundaries, unless the same are indicated by dimensions, Shall be determined by the use of the scale appearing on said IDning map; (c) Vfuere a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. (d) Any p:~operty, except that owned by the City of Arcadia, which, for any reason, is not designated on the ZJJlming map as being classified in any of the zones established hereby, or any property annexed to or consolidated Vii th the City of Arcadia subsequent to the effective date of this ordinance shall be deemed to be classified as "R-l" until the same shall have been otherwise classified in the manner set forth in Section 16 hereof. The boundaries of such zones as are shown upon the zoning map adopted by this ordinance are hereby adopted and approved and the regulations of this ordinance governing the use of land and buildinss, the height of buildings, and sizes of yards about buildings and other matters as herein set forth are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon the said Zoning !.lap. Except as hereinafter provided: -9- U-Ad,A,O 1. - No 'building shall be erected and no existing building shall be moved into, reconstructed, structurally altered, added to, or enlarged, nor shall any building, land or premises be used, designed or intended to be used for any purpose other than a use listed in this ordinance, or amendments thereto, for the zone in which such land, builtlings or premises is located. 2. - No building shall be erecte d, nor Bhall any existing building be moved, reconstructed, added'to, enlarged or structurally altered to exceed in height the limit established by this ordinance, or amendments thereto, for the zone in which such building is located. 3. - No building shall be erected, nor shall any existing building be moved, structurally altered, added to, enlarged, recon- structed or rebuilt nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building-site requirements and the area and yard regulations es- tablished by this ordinance, or amendments thereto, for the zone in which such building is located. 4. - No yard or other open space provided about any building for the purpose o,r complying wi th the regulations of this ordinance, or amendments th~?eto, shall be considered as providing a yard or open space for any other building or structure. 5. - While a non-conforming building exists on any lot no other building of a more restricted classification shall be ~rmitted, even though such other building would otherwise be a conforming building. SECTION 4: "R_O" FIRST ONE-FAMILY ZONE. V rc.~~~ 1~1.. ! I The following regulations shall apply in the "R~ It; First One- l>-\lI~ ~Q. 11?-1J) O~ . family Zone unless otherwise provided in this ordinance. li.. USE No building or land shall be used and no building shall be here- erected, constructed or established, except for the following uses: 1. One single-family dwelling of a permanent character, pro- ~~[N~9qovided that on sites containing fifteen thousand (15,000) square feet or ORO. \'10. ,,:t~~~ q 00 .'" ','l after , -10- oMi, 10 morel there may be one additional house without kitchen facilities for guests or servants of the family occupying the single-family dwelling on said lot; private garages, accessory buildings, carport. 2. Agricultural crops, private greenhouses and horti- cultural collect;ions (grown in the groun'd):; flower and vegetable gardens;; fruit trees, nut trees; poultry raising, rabbit raising for domestic, non- commercial use, not to exceed one hundred chickens, ten turkeys, ten pigeons, five geese, five ducks, twenty-five rabbits; not more than two (2) horses for the use of the family occupying the lot on sites having an area of not lass than sixteen thousand (16,000) square feet entirely witbin the boundary lines of a single lot as such lot is shown on the subdivision map J'ecorded in the office of the Recorder of Los AngeleS\ County, provided one (1) additional horse may be kept for each additional ~~~~~' five thousand square feet (5,000) over the minimum sixteen thousand ~\'l' ~I), ~~1ZI.., Y{l6,000) square feet, and provided further that no more than a total of 1 f1~ five (5) horses shall be maintained, provided that the keeping of all q'J.. poultry, rabbits and domestic animals provided for herein shall conform to other provisions of law governing same; community buildings and libraries, together with the usual accessories necessary and incidental to the use of the main building located on the same lot or parcel of land, when owned and controlled by the City of Arcadia. :3. One (1) unlighted sign not exceeding six (6) square l\\l\t.~\)t.';) feet in area pertaining only to the sale, lease, or hire of only the par- Q\l.\).\~\l' ~~~ ticular building, property or premises upon which displayed. No other advertising signs, structures or devices of any character shall be per- mitted in any ~_On' First one-family Zone. ~t. Underground storage of petroleum products for use on the premises. Two and one-half (2~) stories and not to exceed (35) feet except as provided in Sections 15 and 16. '7 ~ ~ -./- j7f1 thirty-five 1\f'i,i~\Jti) \' :J'l 0;\", ':..- B. BUILDING HEIGHT. c. FRONT YARD. There shall be a front yard of not less than twenty-five -11- od. 1&0 (25%) per cent of the depth of the lot, provided such front yard need not exceed thirty (30) feet, except, where sixty (60%) per cent or more of the improved frontage on one side of a street between intersecting streets is developed with buildings havinG a front yard different than herein prescribed, the required front yard shallbe the average of those havin[l a variation of not more than six (6) feet from the standard front yard herein prescribed, provided that wh~e exceptionally deep lots or exceptionall:\' shallow lots prevail, the Plannine; Commission may, in the manner provided for considering variances, (Section 16, Pat I C ), es- tablish an appropriate spec ial front yar d depth which, when approved by the City Council, shall c;overn; provided, however, that if a front yard depth other than that herein prescribed is non or may hereafter be es- tablished by Section 15, C. Area, subparagraph 2 of this ordinance, the required front yard depths shall be as prescribed therein. ~~~~ 19~ .(.- D. SIDE YARD. On interior lots thEr e shall be a side yard on each side of a \I.~~ ~(). t71 L, CJ~' qJ.- of not less than three (3) feet; provided that when one bu~lding or mor'e dwellings are erected at locations on a lot other than the building sites contic;uol'S to th<) front yard the required side yard for each such build- ing shallbe not less than ten (10) feet. On corner lots the required side yard line adjoining the interior lot shall be the same as for interior lots. The required side Yfr'd on the street side shall be ten per cent (10%,) of the width of the lot, provided it shall be not less than ten (10) feet; and provided further that accessory buildin::;s shall be located not less than fifteen (15) feet fro:n the side street lot line. On lots containing less than fifteen thousand 1\1I1E~\)tll 1,10 <Y- oRD. ~no i /1 (15,000) square E. REAR YARD. feet there shall be a rear yard of not less than twenty-five (25%) per cent of t he depth of the lot, provided such rear yard need not exceed twenty- five (25) feet. On lots having an areaof fifteen thousand (15,000) square feet or more, the required rear yard line shall be not less than ten for the dwelling nearest the rear lot (10) feet and the distance betw~enl Jh -12- O,MJ, /(~U separate dwellings on the SaIne lot shall be not less than thirty-five (35) feet. /;f:1tii{j'"" .(1,ZIJ./!,<" .0, 7th</. EVe~r main building hereafter erected , constructed or es- .P7? <I;Z& I tablished shall have a lot area of ten thousand (10,000) square feet F. LOT AREA PER FAMILY. per family, Qnu shall have a width of not l45s than eighty (80) feet at the front bu.ilding line. Provided, however, that where a lot has less area than herein required, and was of record prior to June 28, 1940, said lot may be occupied by not more than one family. ( <(.- ! Where building site areas, 9the r than recorded subdivided lots, ~t~-v.~ 1$10 j'1 1>'\\~'i),W)' vary from the minimum requirements herein provided, it shall be the re.. ponsibility of 'the Pl~nning Commission, upon its own motion, or by application of a property owner or owners, to ascertain all pertinent facts and to determine what, in the face of such facts, would constitute the greatest adherence to the standards and purposes of this ordinance and to then recommend such interpretation to the City Council. Upon the review by the City Council and the approval thereof by resolution, such adjustment shall thereafter become effective as it pertains to specific property. Proceedings under this paragraph need not be sub- mitted to public hearing. AMENDED ORD. No. IDt.o "R-l" Second One-Family . .,~ <J SECTION 5: "R-11I SECOND ONE-FPJ'tIILY ZONE. r>.w.cIlV, '37' i31J ()~tl. ~o. '1').1,. The following regulations shall apply in the Zone unless otherwise provided in this ordinance. A. USE. ~MENDED ORD. No. 970 No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses: 1. One-family dwellings of a permanent character placed in per- manent locations; private garages; carports. 2. Poultry raising, rabbit raising and the keeping of live stoc ~ ":,,,under such ~gulations as are now or m~ hereafter be imposed by ordi- 0, ...cc'T. ~"S- 'f-~~ 7(/2,... }w.').."'1~- r.,;:;> "0 :1.;).3'1 "t-.--r ",>-, . m:" r. . n"n('~~ nrivate greenhous_e_ . and hg,;:!-cultural collections (grmffi ~lfJ;h~1' /) ground); flower and vegetable gardens, fruit trees, nut trees, sale of only the pro ducts produced on the premises. 3. Undergr'ound storac;e of petroleum products for use on the premises. 4. Transitional Use, subject to the following conditions; a. A two-family dwelling where a one-family dwelling would otherwise be permitted when the side of a lot in the "R-l" Zone abuts upon property 'ZD ned for IIR_3", "P", "C-2", "C-3", "11-1", or "M-2" Zones. b. A public parking area v/here the s'1de of a lot in the "R-l" Zone abuts upon a lot zoned for commercial or industrial purposes and is developed as ~equired in Section 15. c. In no case shall any part of such transitional use be locat.ed farther than sev,mty-five (75) feet from the less restricted zone. B. HEIGHT. Two and one-half (2}) stories and not to exceed thirty-five (35) feet, except as provided in sections 15 and 16. AMENOEO <71,r C . ptPRD. t,~o. uq ~ FRONT YJJlD. There shall be a front yard of not less than twenty-five (25%) per cent of the dep th of the lot, provided such front yard need not ex- ceed twenty-five (25) feet except, where lots comprising sixty (60~) per cent or more of the improved frontage on one side of a street between intersecting streets are developed with buildings havine; a front yard different than herein prescribed, the required front yard shall be the average of those having a variation of not more than six (6) feet from the standard front yard herein prescribed, provided that where exception- ally deep lots or exceptionally shallow lots prevail, the Planning Commission ma;y, in the manner provided for cons idering vari ances, (Section 16, Pat I C es tablish an appropriate special front ysr d depth which, when approved by the City Council, shall govern; provided, however, that if a front yard depth other than that herein prescribed is now or may hereafter be established by Section 15, C. Area, subparagraph 2 of this ordinance, the required front yard depths shall be as prescribed by such section. -a.4- O;vel, 100 D. SIDE YARD. On interior lots there shall be a side yard on each side of a building of not less than three (3) feet, provided that when one or more dwellings ar e erected at locations on a lot other than the buildine; sitl3 contiguous to the front yard the required side yard for each such build:.ng shallbe not less than ten (10) feet. ~~.lIt~\)~\). f1t ~\l\'\\ '1:!,terior On corner lots the required side yard lire adjoining the in- lot shall be the same as for inferior lots. The required side yard on the street side shall be ten per cent (10;~) of the width of the lot, provided it shall be not less than ten (10) feet; and provided further that accessory buildings shall be located not less than fifteen (15) feet from the side street lot line. E. REAR YARD. On lots having only one dwellin8 thEir' e shall be a rear yard of not less than twenty-five (25%) per cent of the depthof the lot, pro- vided such rear yard need not exceed twenty-five (25) feet. On lots having two or more dwellings the required rear yard for the dwelling :1eares t the rear lot line shall be not less than ten (led feet and the dist'IDce between separate dwellings on the same lot shall be not less than thil'ty-five (35) feet. F. LOT AREA PER FAMILY. [\~;,;.~\\)lll ?It Ol\ll. tiQ.o1?-(p Every main building hereafter erected, constructed or establish- ed shall have a lot area of not less than seven thousand five hwidred IQ (7500) square feet per family, and shall have a width of not less than seventy-five (75) feet at the front building line, provided that where a lot has less area than herein required, and was of record prior to June 28, 1940, said lot may be occupied by not more than one family; and provided that if such parcel of land is a recorded lot having the required lot area but a. minimum width of fifty (50) feet at the front buildin8 line. and was of record prior to January 27, 1949, said lot may be occupied by not more than one :runily. -15- a/cd, -l~O There may be one additional dwelling erected for each full seven thousand five hundred (7500) square feet in excess of the required minimum of seveIl thousand five hundred (7500) square feet, but not more than three single family dwellings will be permitted on anyone lot or parcel of land ln Zone "R-l". No lot or parcel of land held under separate ownership at the time this ordinance cecomes effective shall be separated in ownership or reduced in size below the minimum lot width or lot area required by this ordinance nor shall any lot or parcel of land held under separate 0 wner.. ship at the time this ordinance becomes effective and which has a width or an area less than th~ required by this ordinance be further reduced in any manner. No portion of a lot, necessary to provide the required area per dwellin5 unit, shall be separated in ownership 'from the portion of the lot upon which the buildinG containing the dwelline; unit or units is located. Where building site areas, otter than recorded subdivided lots, vary from the minimum requirements herein provided, it shall be the res- ponsibili ty of the Flannin~ Commission, upon its ovm motion or by appli- cation of a propl3rty owner or o\'mers, to ascertain all pertinent facts and to determine what, in the face of such facts, WGuld constitute the ereatest adherence to the standards and purposes of this ordinance and to then recommence such interpretations to the City Council. Upon the review by the City Council and the approval thereof by Resolution, such adjustment shall thereafter become effective as it pertains to specific property. Proceedings under this paraeraph need not be submitted to \. V ~ 'bo'll1f The followin:; regulations shall apply in the "R-2" TWO-family Zone ~:S f ~~~. unless othcrwise provided in this ordinance. f(t A. USE. No building 0 r land shall be used and no building shall be public hearings. SECTION 6:113-2" TI'lO-FAI.iILY zo;m. hereafter erected, constructed or established except forthe following uses: -16- o~, 1(,0 1. Any use permitted in the "R_l" One-family Zone. 2. Two-family dwellings, or two one-family dwellincs. 30 EIElmentary, Junior Hie;h and High Schools offering full curricula as required by State Law; churches. 4. lJsers customarily incident to any of the above uses. Accessory buildings, includinG garaee space for not to 50 Io-!-- ~,~~<:;,~~ ~OA ~\J\\\l' ~Q. '! /" 6 '1 . 7. exceed four (4) cars. ReqMired parking space (see Section 15). Transitional uses shall be permitted as follows: a. A three- or four-family dwelling where the side of a lot in the "R-2" two-family zone abuts upon a lot zoned for multiple-family dwellings, commercial or industrial purposes. b. A public parking area where the side of a lot in the IR-2" two-family zone abuts upon a lot zoned for commercial or industrial purposes and is developed as required in Section 15. c. In no case shall any part of such transitional use be located farther than seventy-five (75) feet from the less restricted zone. B. HEIGHT. No buildin~ hereafter erected, constructed or established shall exceed two and one-half (2~) stories, or thirty-five (35) feet. C. FRONT YPRD. There scalI be a front yard of not less than twenty-five (25%) per cent of the d,epth of the lot, provided such front yard need not exceed twentY-five (25) feet except, where lots comprising sixty (60%) per cent or more of the improved frontage on one side of a street be- tween intersecting streets are developed with buildings havinG a front yard different than herein prescribed, the required front yard shall be the averaGe of those having a variation of not more than six (6) feet from the standard front yard herein prescribed, provided that where exceptionally deep lots or exceptionally -17- shallow lots prevail, the OfiJ, 1 &0 Planning Commission may, in the manner provided for considering variances (Sections 16, Pat I C) establish an appropriate special front yard dept~ which, when approved by the City Council, shall govern; provided, how- ever, that if a front yard depth other than that herein prescribed is now or may hereafter be established by Section 15, C. Area, subparagraph 2 of this ordinance, the required front yard depths shall be as prescribed therein. D. SIDE YAHD. On interior lots there shall be a side yard on each side of a buildine; of not :.ess than three (3) feet. On corner lots the required side yard adjoining the interior lot shall be the same asfor interior lots. The required side yard on the street side shall be not less than ten (10) feet, and provided further that accessory b~ildincs shall be located not less than fifteen (15) feet from the side street lot line. ~.:~~"l.~ 8 /i E. REAR YARD. t-\~ ~~. On lots having only one dwelling there shall be a rear yard f;j~~' ~ of no t less than twenty- fj.ve (25%) per cent of t he depth of the lot, providing such rear yard need not exceed twenty-five (25) feet. On lots having two or more dwellin~s, the required rear yard for the dwelling nearest the rear lot line shall be not less than ten (10) feet and the distance between separate dwellings on the same lot shall be not less than twenty-five (25) feet. F. LOT AREA PER FAl.1ILY. The minimum lot area for a sine;le-family dwellings or two- family dwellings shall be the same as in flR_lfl One-family Zone. There may be one additional one-family dwelling or two-family dwelling erected for each full seventy-five hundred (7500) square feet in excess of the required minimum of seventy-five hundred (7500) square feet; provided that if such parcel of land is a recorded lot at the time this ordinance becomes effective and has a minimum width of fifty (50) feet, then one two-family dwellin3 or two one-family dwellings may be erected. -18- O./1.-J.1&0 ~ ~~ 11 ,,,.,,11 0 ,'\)..\V t"'-,O "(\':1,\) ,. Zone, unless ott,erwise ~ SECTIO;: 7: IR-5" ~.;ULTIPLE-FAlJILY ZOlm. AME!'lDto ORD. !'lo. ..- 10 7 ~ Mul tiple-Family The following regulations shall apply in the "R-3" provided in ,this ordinance. A. USE. l) ~"'~~'~'~~ qo No building or 1 and shall be used and nobuildinc shall be "",). hereafter erecte:i, constructed or established, except for the following uses :- 1. Any use permitted in the IR-2" TWO-family Zone. 2. r;ultiple d,lellinc;s. 3. Group houses, including bungalow courts. 4. Boarding and lodgine houses. 5. Offices of physicians, sur3eons, dentists and other prac- titioners authorized by la~ to prescribe, treat or serve in the field of medicine, therapy, or other services pertain- ing ~o the mal~tenance or restorationof health, provided that the office or offices so established and conducted shall not include beds or other oquipnent or services normally constitutine; that of hospitals or sanitariums. 6. private clubs, fraternities, sororities and lodges, ex- cepting those the chief activity of ,h1ich is a service custo:nurily carried on as a business. 7. Accesaor;y bui11in2;s and uses customarily incident to any of thE> above uses, ,lhen located on the same lot 1'J1d not involvine; the cOl1duct of a business, including servants I quarters vhen located not less than seventy (70) feet from the front lot line, or when erected above private sarages. 8. Kume plates not exceedine two (2) Sq,l are feet in area con- tainins the name and occupati0n of the occupant of the premises; identification siGns not exceeding twenty (20) square feet in area for multiple cl!.7ellings, ,,~..-' 1 clnbs, lodGes and simil~r ?ornitted uses, and signs not exceeding twel ve (12) square feet in area pertaini"e to the sale or rental cf the property on which they ~e located; provided, -19- (JJ\d!.. 1&D hm',ever, that no advertisir:~ sicn of any other character shall be per- mitted. 9. Parkin3 space (See Sec tion 15). 10. Transitional use subject to the following conditions: 0.. A public parking area where the side of a lot in the IR_3" ;';ultiple-family Zone abuts upon a lot zoned for commercial or industrial purposes. b. In no case shall any part of such transitional ,use be located farther than seventy-five (75) feet from the less restricted zone. B. HEIGhT. No buil~ine hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet. C. FRONT YN1D. T)1ere sh!111 be a front yard of not less than t\7enty-five (25~n pcr cent of the d'3pth of tre lot, provided such front yard need not excec'd twenty-five (25) ~eet, except, where lots comprising sixty (60$) per cent or more of the improved frontE6e on one side of a street between inter- sectiu[\ streets are developed ",i th buildines hav ing a front yard dif- ferent than herein prescribed, tho required front yard shall be the averace of those having a variation of not more than six (6) feet from the standard fror1t yurd herein prescribed, provided that where excepticnally deep lots or exceptionally shallow lots prevail, the Planning Commission may, in the manrer provided for considering variances (section 16, pqrt I C ) establish an ap;ropriate special front yard depth which, \'Then ap- proved by the City Council, shall govern; FOvided, however, that if a front yard depth other than that herein prescribed is now or may hereafter be established by S3ction 15, C. Area, subparagraph 2 of this ordinance, the required front Yf!!' d depths shall be as prescribed ther' ein. D. SmE YAR1). On interior lots thero shall be a side yard on each side of a building of not less than three (3) feet, provided that for buildings hieher than two (2) stories each required side yard shall be increased -20- ()Mt, 01&0 by one (1) foot for each story in excess of two (2) stories. On corner lots the required side yard adjoin~rg the interior lot shall be the same as for interior lots. The required side yard on the street side Bhall be not less than ten (10) feet, and provided further that accessory buildings shall be located not less than fifteen (15) feet from the side street lot line. E. REAR YAliD. The required rear yard for the dwelling nearest the rear lot line shall be not less than ten (10) feet and the distance between separate tluellings on the same lot shall be not less than fifteen (15) feet, and further provided ,hat the rear yard shall be increased by one foot for each s tory in eXCl3SS of two stories. F. LOT AREA PER FAI,:1LY. Every dwellinG hereafter erected or structurally altered shall have a lot area of' not less than seven hundred and fifty (7500) square feet per family; provided that these resula tions shall not apply to hotels or apartment hotels where no cooking is done in any individual room, suitEl or apartment. SECT 1Ol'! 8: "P" AUT01,;OB ILE B\. RKING ZONE. :t_\\tlt.\)~ff1 ",0, ~o. ' ~~ ,'IIZone ll" .u/t7;/ol II~., g I ; f.:J.- The following regulations shall apply in the lip" Automobile Parkins unless other\7~se provided in this ordinance. A. USE. No buildir.g or 1 and shall be used and no building shall hereafter be erected, constructed or established, except for the followine uses: 1. Any use permitted in the "R" Zone in which or in con- junction with which the vehicular parking zone is established, ,..',~b'" and sUi~h combination of parking and residential use shall be \' ,I.., " desicp!lted as IIPR-O", "PR-l", "PR-2" and "PR-3" respectively, as the case may be. 2. Open air, temporary parkinG of transient automobiles pre- vided that the areas so classified and used shallconform to tho provisions of Section 15, paragraph A. Use, 2., Parkins Requirements, subparagraph "b", Improvements, and -21- (J/u:f, 7t~ provided that areas classified as "P" shall not be used for "used car sales areas". B. HEIG1f.: . The same as permitted in the "R" Zone in which, or in con- junction with which, the vehicle parkin€!: zone is estabJ.ished, as per subparaeraph 1" Paragraph A. Use, of this Section. C. FRONT YARD. Same E.S permitted in the "R" Zone in which, or in conjunction with which, the vehicle parking zone is established, as per sUbpara- graph 1, Paragraph A. Use, of this Section. D. SIDE YARD. The same as permitted in the "R" Zone in \'Ihich, or in con- junction with which, the vehicle parkine; zone is established, as per subparagraph 1, Paragr~ph A. Use, of this Section. E. REAR YARD. Same as permitted in the "R" Zone in which, or in conjunction wi th which, the vehicle parkin2; zone is established, as per sub- paragraph 1, Paragraph A. Use, of this Section. F. LOT AREA PER FAMILY. Same a!! permitted in the "R" Zone in which, or in conjunction with which, the vehicle parking zone is established, as per sub- paraeraph 1, Paragraph A. Use, of this Section. SECTION 9: "C-2" GE.;mRAL COE:lERCIAL Z0:'!E. t.Wilt\) qoe 0',' \\.1). )\\v. The followi,ng regulations shall apply in the "C-2" General Commer- cial Zone unless otherwise provided in this ordinance. Buildings erected, constructed or established and used exclusively for dwellin3 purposes shall comply vlith the front, side and rear yrr d regulations of tbe IIR-3" Zone. A. USE. No building or land sha~l be used, and no building shall be hereafter erected, constructed or established except for one or more of the following uses: 1. Any use permitted in the "R-3" rlultiple-family Zone. -22- d 7'0 (j/l. . 2. Retail stores or businesses not involvinB any kind of ~anufacture, processinB or treatment of products other than that which is clearly iI1cidental to the retail busi.. nsss conducted on the premises and provided that not morEl than five (5) persons are employed in the mannfacture, ppocessin[; or treatment of products, and that sHch opera- tions or products are not objectionable due to no~se, odor, dust, smoke, vibration, or other simi18.r causes, an:i provided also th~t unless otherwise permitted all such me.nufacturinc;, processing, or treatment of products shall be conducted inside of buildings. 3. Advertisinc sisn boards or structures (subject to ree;u- lations by ordinance). 4. Antique stores. 5. Au~omobile service station. 6. Bakery (employine; not more than five (5) persons on premises). 7. Bank. 8. Barber shop or beauty parlor. 9. Baths, turkish and the like. 10. Billiard or pool hall, and bowling alleys. 11. Blueprinting and photostating. 12. Bird store or pet shops. 13. BO~T and fender repair in connection with public garage. 14. Book or stationery store. 15. Church, temporary revival. 16. Clef~inc and pressinG establishment using non-inflammable and non-explosive cleaning flu&Q. 17. Confectionery store. 18. Conservatory of trusic. 19. Deper tment store. 20. Dressmaking or millinery shop. 21. Drug store. -23- Od, 7&{) 22. Dry goods or notions store. 23. ::1:lectric Appliance stores and repairs. 24. Zlectric distributinG sub-stations 25. Feed store. 26. Filline station. 27. Fire and Police Station. 28. Florist Shop. 29. Frozen food locker plants (excluding wholesale pro- cessine or cold storaGe) 30. Fu.neral parlor. 31. Furniture store. 32. Garage, public, incll'ding only incidental body and fender repair. 33. Gro'den supplies. 34. Grocery or fruit store. 35. Hardware store. 35a Hotels 36. Ice storae;e house of not more than five (5) ton capacity. 37. Interior decoratins store. 38. JeTIslry store. 39. Lrol~dry agency or clothes cleaning agency. 40. Li quor store. 41. ;,:eat market or delicatessen store. 42. l:edical laboratory. 43. ;,':ot€ls - Aute> courts. 44. ],;usic or vocal instruction. 45. ;iusic store 46. J.Tewspapor publishinG. 47. HeTIs Stand. 4$. Nursery, flower or plants (with or without buildinss) 49. Offic,e, business or professional. 50. Paint and TIallpaper store. -24- Od. 7hO 51. Plumbing shops. 52. PrintinLi. 53. Public parking areas ~hen located and developed as required in Section 15. 54. Radio store. 55. Reataurant, tea room or cafe (excluding dancing or ent;ertainnen t) . 56. Shoe store, or shoe repair shop. 57. Studios (except motion picture) 58. Storace car age (includin~ repairinG and sergicine) 59. Taxidermist. 60. Ta:~lor, clothing 9r ~earin~ apparel shop. 61. Telephone exchange. 62. TN.de school (not objectionable due to noise, odor, vibrations, etc.) 63. Theatre or auditorium. 64. Tinsmith. 65. Upholstery shop (custom vork only). 66. Used car sales area, provided (a) that no repair or reconditioninG of automobiles shall be permitted, except ~hen enclosed in a building and, (b) that such area is located and developed as required in Section 15. 67. ITedding chapel. 68. Acc'3ssory buildinGS and uses customarily incident to any of the above uses uhen located on the same lot. 69. ParkinG space (see Section 15) B. HEIGHT. No builclin13 hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet. C. FRONT YJJlD. No front yar.d shall be required, D. SIDE YARD. No side yards shall be requirod. -25- oM!. 7r;0 ^MENDED ORO. No. q 7:J ~S=. Zone unless otherwise provided in this ordinance. ID.I ';""1"'<>1 ~/O,/ E. REAR YARD. No reA,]' yard sl,all be required. F. LOT AREA P~':R F M,;ILY . Svery nain building used for residential purposes hereaftor erected, constructed or established shall have a lot area of not less th~p. seven hundred and fifty (750) square feet per family; provided, however, that this reQllation shall not apply to hotels or apartment hotels, \7he,re no cookine; is dcne in any individual room, suite or apartment. SECTION 10: IC-3" COJ.;:.~"\CIAL PARKr-W ZmJE. The following reGulations shall apply in the IC-3" Commerciel ParkinG Buildings erected, con- structed or established and used exch1sively for drmlling purposes sholl comply with tho front, side, and roar yard reQllations of the IR-3" 20n13, A. USE. No buildinG or l~d shall be used, and no building shall be hereafter erected, constructed or established except for one or more of the following uses: 1. Any use permitted in the IC-2" provided that in con:'1ection with each lot, site or block devoted to such purposes, not les:3 than fifty (50;;) per cent of the area thereof she,ll be ~eserved for and devoted to off~street parking facilities, and provided further that in the event that, because 0 f siZEl, shape, topography or placement, any given lot or sitEl cannot practica).ly provide a useable area as herein roquired, the Plannin~ Commission may, in the mal"ne'!' pro- vide:d by 10.\'1, develop an official plan of a whole bloclc or area indicD.tin~ precisely the manner in rlhich such required parkin0 area may be practicably provided, and upon tho adoption of such official plan all buildin~s, parking facilities ~d othor features of development shall conform thereto, and not\'lithstandine; that the area so to be em- ployed may not individually attach to each lot or sito; and provided further that any area in this Zone IC-3" -26- Od :7/0 shall be devoted exclusively to that purpose and may not be occupied by buildins improvements or any othe.r use that would decrease the parking facilities. B. BUUDI:;G H:SIG:iT. No buildin.:; hereafter erected, constructed or established shall exceed four (4) stories or forty-five (45) feet. C. FRo~rT YA.1D. Same as "C-2" Zone. SIDZ Y;,RD. Sal1'.e as "C-2" Zone. REfill YA:1D. Same as "C-2" Zone. LOT AREJ. PER F :,I,:ILY . Same as "C-2" Zone. D. E. F. \\\\,t\>\\)tO pI 0\\1'1 \"10, ~ SECTION 11: 111,;_1" LIGZT 1,:A~!UFACTr;RING Z01'E. The followinr; regulations shall apply in the "r:-l" l.i~ht r.:anufactur:lnc Zone unless otherwise providod in this ordinance. 3uildines erected or structurally altered anel used exclusively for d\"/elling purposes shl1.1l comply \"lith the front, side, and rear Yl1.rd reVlla.tions of the "R-3" Zone. AMrnlJlJl 10 ORQ. {to. 97!s A. USE. No buil~_nG or land shall he used~ and no building shall be hereafter erected, constructed or established except for one or more of thG followinG uses: 1. Any use p ermi tted in the "e-3" Zone. 2. r/holesale business, stora.:;e buildin.:;s and w/l,rel-louses. 3. Automobile dis~antlinG and used ~rts stora~e only when opere-ted or maintained Ylholly y!ithin a builc1in.:;. 4. Auto'nobile laundry. 5. Ba.ke:t'y. 6. Bla.cksmi th shop. 7. Boat buildin0. 8. Bott~.inf3 plant. 9. Builc.inC materi.ul storage yard. -27- ()J. 760 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. ct,~~'jt\l K 7f 28. .,. ~\\o C';\\'), " fO 290 30. 31. 32. .jabinet shop or furniture manufacture (Carpenter shop). Carpet cleanin.:::; plant. Cleunin.:::; aTI0 dyeing plant. Contractors plant or storac;e yard. (:reamer:lOo Dairy products manufacture. Distributi'1E plant. I'rayi.n.::;, frei.::;hti.:1C; or truckinG ~'arc'l or torninal. Electric or l':eon sic;n manufactm'e. Equestrian establish.ments, acr,donies, school.s, a"lllSO'Le:nt':. Fuel ~'ard. Food products Manufacture. Garment manufacture. I~e and cold stor~c:e plant. K3nnels, noe: (4 or more aClult do.::;s) L,1bora tory, e:;,..perimental, motion pic ture, te s tJ'1S. L.3.undr~t . Lumber yard. l~l\chine shop. :~:".ll, pInninG. j,;otion picturc studio. pc.ultry [7.1 d rubit slauchter. Rt'hber, (only fc.brication of products made from finishod rubber) . 33. Shoet metal shop. 34. Shoe m2.Ilufac tnre. 35. Soap m8,nufactnre (cold mix onl~'), 36. Stable or rinin.::; academy. 37. Stone monumont ~orks. 38. StoraGe ~~rehouse. 39. Storace sn!lCO for transit and transportation equipment exoept freicht classification yard., -28- ad 7tO 40. Textile mnnufacture. 41. Tire re1Juildinfj, recappinG and retreadinc;. 42. 'rruck ropairinc, m d overhnuline. 43. 'veterinary hospitnl. 44. Accessory huildinfjs and uses customarily incident to any of tho above uses ,:;hen locatod on the sa'lle lot. 45. Parking space (See Section 15). 46. Other kinds of manufacture, processinG or treatmont of products other than those vhich may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise or other sinilar characteristics, including hazards, prOVided thp.t t}",e determinn.tion of the charac ter- cf any use as defined in this item shall be arrived at as set forth in Section 15, paraGraph A. Use, subparaGraph 1. General, item lIall. B. HEIGHT. No buildinG here~fter erected, constructed or established shall exceed four (4) sto~ies or forty-five (45) foet. C.' FROHT YARD. No front yard shall be required. D. SIDE YA:1DS. No side yards shall be required. E. REAR YAHD. No rear yard shall be required. F. LOT AREA PI::1 F Al;ILY . Every main buildinG hereafter erected, constructed or estab- lished shall have a lot area of not less than seven hundred and fifty (750) s<].uare feet; per family" provided, hor/ever, that this reGula tion shall not apply to hotels or apartment hotels \7here no cooldnG is done pi ",I- (l.1/~,1 .tY' -11 / ofi;v 10&/ o~' in any individual room, suite or apartment. SECT IOII ]2 : "1.;-211 HEi.VY iIAr'UF."CTURDG ZWE. The follovlir:,[; regulations shall apply in the "J,!-2" Heavy J.;anufactur.lnc -29- ()~d 7ftO Zone unless otherpise provided in this ordinance. A. USE No buildin~ or land shall be used and no nuildinc shall be hereafter erectad, constructed or established except for one or more 01' the follol"!inc; uses;: provided, however, that no building or portion thereof shall be hereafter erected, construc ted or es tablished, converted or UE ed for any use permitted in the "R-3" Zone;; provided, however, that no buildinE; or occupancy permit shall be issued for :n y of the followine; uses until and unless the location of such shall have been approved by the City Plannine; Commission in the manner provided for dealinc with variances, (Section 16, Part 1, ParaGraph C). Any use permitted in the "!.I-I" Zone. I. 2. 3. 4. 5. 6. 7. 8. "'~~t~~TJ; Y 11 9. \ . D \\11. Q~' . 10. f2() 11. 12. 13. 14. Acetylene Gas manufacture or storaGe. Acid manufacture. Alcohol manufacture. wi Amonia, bleaching powder or chlorine manufacture. " Asphalt manufacture or refining. Blast furnace or coke oven. Boiler works., Bri':k, tile or terra cotta manufacture. Cem'3nt, lime, gypsum or plaster of paris manufacture. ConGrete manufacture (::leady-mix). Cotton .sin or oil mill (non-continuous process) Distillation of bones. Drop forGe industries manufacturinc forcings I"/ith power hamrlers. 15. Explosives, manufacture or storage. 16. 'Fat renderinG. 17. Ferti~izer manufacture. 18. Rish smokins, curinG or canning. 19. FreiGht classification yard. 20. Garbage, offal or dead animal reduc tion or dumpinG. -30- O,A.ci 7tfo 21. Gao manufacture. 22. Gll:.e manufactUl'e. 23. Iron, steel, brass or copper foundry or fabrication plant. 24. Lamp Black manufacture. 25. Oil cloth or linoleum manufacture. 26. Oil extraction plants. 27. Ore reduction. 28. Pai:1t, oil, shellac, turpentine or varnish manufacture. 29. Pap<3r and pulp mfmufacture. 30. Petroleum products, or wholesale storaGe of petroleum. 31. PetI'oleum refininr;. 32. Plastic, manufacture of. 33. PotEcsh \70rks. 34. Pyroxlin manufacture. 35. Railroad repair shops. 36. RollinG mills. 37. Roofin~ manuf~cture. 38. Rubber, reclaimine of and manufacture of synthetic rubber or its constituents. 39. Salt ~orks. 40., Smelting of tin, copper, zinc or iron ores. 41. Soap manufacture. 42. Soda and compound manufacture. 43. Stock feedinc pens. 44. Stocl: yards or s lauGhter of animals. 45. StovE or shoe polish manuf2cture. 46. Tannery., 47. Storage or balinc of ra~s, psper, iron or junk. 48. Tar distillation or tar products manufacture. 49. Used car junk areas. 50. ,-!ineries. 51. Wool pullinG or scourine;. -31- Qui /00 52. Thos€ uses vhich may be obnoxious or offensive by reason of emission of odor, dust, smoke, cas, vibration, noise and. the like. 53. Accessory buildinGs and uses customarily incident to any of the above uses when located on the same lot. 54. Parking space (see Section 15). B. BUILDIN} HEIGHT. 1:0 buildine; hereafter erected, constructed or established shall exceed a height at the street line of four (4) stories or forty-five feet. C. FRONT YAHD. No front yard shall be required. D. SIDE YARD. No side :y-ard shall be required. E. REAR YARe. No rear yard shall be required. ~V;.t~>r.r~ f1f ~Ijll),\,\l. ~ NOTE: The City PlanninG Commission and the City Council recognize, and hereby declare, t;:1at the City of Arcadia is a component part of a larGe metropolitan area) within uhich larger area are contained facilities ~hich in amount, location, physical characteristics and available services ffi'e preeminently sui tEld for use by industrial enterprises; that all of the area contained uithin the corporate limits of the City of Arcadia are, in relation to the said metropolitan area, and by reason of geoe;raphy, topography and meteorolosical conditions, preeminently suited to residen- tial purposes, together with such related commercial and light industrial uses necessary to serve the ia~ediate needs of the residential area; that the considerations ,'luich ma]{e the area of the City of A!'(',adia so suited to residential pur~oses are the same conditions which make the same areas relatively unsuited to heavy industrial enterprises; that the County of Los i.ne;eles, through the ReGional PlanninG Commission, is successfully coordinating its ovm land use plans ~ith those of the many cities com- prising the metropolitan area, thus producing a metropolitan area-\'Tide -32- Od,7ttJ zonin[!; plan; that should the City of Arcadia, by provisions of this ordinance or subsequent ordinances, make no actual provision for the location of heavy industries, such determination will not constitute prohibition, but rather would conform to comprehensive reITQlation on the y.1 . Jj., \ ~t\ ~> f'q metropolitar. area basis. SECTION l3: "S-l't SPECIAL USE ZOHE~ The followinG re[;ulations shall apply in the "S-l't Special Use Zone unless otherwise provided in this ordinance. ~'i.~'i)'i.\) ~ ~f I':Q'?-\)' \'\0, A. USE. No buildinG or land shall be used and no builninc; shall be hereafter erected, constructed or established except for one or more of the following uses. 1. Any use permitted in Zones "R-O" and "R-llI. 2. Automobile ohows, 3. Barbecues, 4. Conventions, 5. Dar;cinc;, 6. Daytime baseball and football games and track meets. 7. Displays. 8. Dog shows, 9. Exhibits, 10. Expositions, 11. Fai:~s, 12. Gasoline survice stations, l3. Horsebreedinc;, raisins, traininc; and sale. 14. Horse shows. 15. Horae racine;, with or ':1ithout pari mutuel wae;erinc; on the results thereof. 16. I.lotion pic ture produc tion, 17. PaGeants, 18. Picr.ics, 19. Turf Clubs, includinc retail on sale of lilluor. -33- 0/1-(/ 7/0 20. Accessory buildinGs and uses customarily incident to any of the pormitted uses in this ~ne; provided, a. That no buildinG or structure designed and used for such purposes, exceptinG casoline service stations, shall be located closer than one hundred and fifty (150) feet from Huntington Drive. b.. No stable or other buildin:; or structure for the shelter of horses or other animals shall be located closer than tTIO hundred and fifty (250) feet from any public stroet or hichTIay~ 21., Ar.y similar enterprise or business not here enumerated ~\I\~~\l~\) ~')r Q\\Q. l\Q. TIhon so determined as provided in Section 15, A. Use, 1. General. 22. Parkin:; space (See Section 15). E. HEIGHT. None, except; that for a 1.:se permitted in the "~-O" c.nd IIR-l'" Zones the heiGht shall be that permitted in such zones~ c. FRONT YARD. NO front yard "'hall be required, except for permitted "R'" uses, in which case the requirements of the particular "R'" Zone shall apply. D. SIDE YM:D. I,To side yards shall be required except that for permitted IIR" uses, in which case the requirements of the particular "RII' Zone shall apply. E. REAR YARD. NO rear yard shall be reluired, except thA.t for permitted "R" uses, the requirements of the particular "RIl Zone shall apply. F. LOT I.REA P~R FlJ,:ILY. For permitted "R" uses the requirements of the particular "RII Zone snaIl apply. SECTIon 14: "S-2'" PUBLIC PURPOSE 'Zf) HE. The followinc reGlllntions sholl apply in the "S-2" Public Purpose -34- OM!. 7;0 Zone unless otherl"lise provided jp this Ordinance. A. USE. No bu~ldinc or land shall be used ~~d no building shall be hereafter erected or structurally altered, exce~t for the followinE uses: l. Any use pormitted in IIB-O" and II~_~". 2. Pc.blicly owned and operated establishments or enterprises including: a. Public parks. b. Public Playr;rounds, c. Public Administrative buildincs, d. Civic Centers, e. Utilities publicly ol"lned and operated, f. Accessory buildings and uses incident to any of the permitted uses in 'this 3) ne. 8. Any similar public enterprise not here enumerated when so determined in Section 15, A. Use, 1. General. B. HEIGHT.. None, Elxcept that for a use permitted in the "R-O'" and "R-~" zones the he1ir;ht shall be that perm5.tted in such zones. C. FR01TT YARD. No front yard shall be required, except for permitted IIRII uses, in v/hich case the requirements of the particular "R" Zone shall appl'JT. D. SIDE YARD. No side yards shall be required, except that for permitted "R" uses, in v/hich case the requirements of the particular "'1." Zone shall apply. E. REAR YA1D. No rear yard shall be reql'.ired, except that for permitted "R" uses, the requirements of the particular "R" Zone shall apply. F. LOT ARE,\ PER FAMILY. For permitted "RII uses the requirements of the partiCUlar "R" Zone shall apply. ..35r OJ 7&0 ",~:.'i.\~~t~ ~y ,,"SECTION \)\<Q. \\~, ~f7f Ao USE. P;J 15: GE1'ERAL PROVISIOnS AND EXCEPTIONS" IIt~\:J'i..l,)qQO ~ ,\0. "",~ \). \" 1. General. a. Except as hereinafter provided, no buildine shall be erected, constructed, reconstructed or established, nor shall any build- ....nl~,,~ " \-' lJ) r\ ,- ~~\ C~\0. .." ing or land be used for any purpose other than is permitted in the same zone in which such building or land is located. If any "use" is for any reason omitted from the lists of those specified as permissible in each of the various zones herein designated, or if ambiguity arises AMENDED ORD.lVo.'1'l3 the meanine; and intent of this ordinance, or if ambie;uity existswith a.ctJ k./.j~1 reference to matters of height, yard requirements, or area requirementn concerninG the appropriate classification of a particular use vithin as set forth herein and as they may pertain to unforseen circumstances" it shall be the duty of the City PlanninG ton~ission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findi~gs and the reasons therefor, and such findings and resolutions shall be referred to the City Council and, if approved by the City Council, thereafter such interpretation shall govern. 2. Par kinE: Requirements. ao P.rE.a Eve,ry nain building hereafter erected, constructed or established shall be provided with minimum off-street parking accomoda- tions as follows: I. For D\"/ellinGs there shall be at least one park- in€:; space on the same site with the main building for each dwelling unit and such parking space shall be not less than eie;ht (8) feet wide by twenty (20) feet lonG, \"dth adequate provision for ingress and eGress. Such parking space shall be located back of the required front yard. 20 For Buildin"s Other than Th7ellinr,s there shall be at least one parking space of tvo hundred and fifty (250) square feet on the same lot \7ith the main building or contieuous thereto as follows: (a) For Churches, HiCh Schools, Colle[';es and University Auditoriums and other places of occasional assembly, -36- O"ul. 7?C at least one (l) parking space fOr every ten (10) seats provided in said building. (b) For Hospitals and Institutions, at leaot one (1) parking space for every two (2) beds provided in s aid buildings. For Hotels and Clubs, at least one (1) parking space for every three (3) guest rooms (c) provided in said bui+dings. (d) For Theatres, Auditoriums and other similar places of assembly, at least one (1) parking space for every four (4) seats provided in said building. ~ 11 ~~~ ~.t each 'i'~~. 0i 3. For tourist courts, at least one (1) parking space for individual sleeping or living unit. b. Improvements. All "public" parking areas and "used car sales areasll herein permitted shall be improved as follows: 1. All such areas shall be paved with asphaltic or concrete surfacing so as to eliminate dust, and where such parking areas abut property classified for IIRII uses, it shall be separated therefrom by a solid masonry wall six (6) feet in height, maintained in good con- dition, provided said wall, from the front property line to a depth equal to the required front yard on the abutting IIR" classified property shall be three and one half (3~) feet in height; and provided a fence may be erected along the front property line to a height of three and one-haJi' (3k) fE!et and provided where no fence is erected along any boundary of such parking area abutting upon a street a suitable concrete curb or timber barrier not less than six (6) inches in height shall be securely installed and maintaire d. 3.. Loading Space. a. Every main building hereafter erected, constructed or estl!blished in a,ny IICII or 11M" Zone, when such building is located upon a site contiguou.s to a public alley, shall be provided with a minimum -37- L7~ 1t:O off-street or off-alley loading space as follow~: 1. One (1) loading space for each six thousand (6,000) square feet of lot area upon which such buildinG is located; provided, however, that not more than two (2) such spaces shall be required unless the building on such lot has a gross floor area of forty thousand (40,000) square feet, in which case there shall be one additional loadinG space for each additional twenty thousand (20,000) square feet in excess of forty thousand (40,000) square feet, or major fraction thereof. 4. Non-conforming Buildinss and Uses. ."t~rS(.1:) 'f 1 g ~\.' \\\). ~~~, existed 1(j a. If, prior to June 28, 1940, a one-family dwelline; on a lot havinG an area of less than fifteen thousand (15,000) square feet in Zone "R-l'. and such d\'/elling is located so as to leave a building-site on the front portion of the lot, includinG yard spaces as required herein. then a one-family dwelling may be erected and maintained on the front portion of the sa~e lot in the manner provided herein, whereup~n the said original dwelling shall assume the status of a non-conforming use as defined herein. b. A non-conforming building may be continued, provided no additions or enlargements are made thereto and no structural al- terations are made therein, except those required by la\'l. If such non-' conforming buildinG is removed, every future use of such premises shall be in conformity with the provisions of this ordinance. c. The non-conformins use of a buildins existinG at the time this ordinance beca~e effective may be continued, provided: 1. That a non-conforming use of a non- conforming buildins may be expanded or extended throughout such build- ing provided no structural alterations except those required by law are made therein. 2. That a non-conforminG use of a conforminG building shall not be expanded or e~tended into any other portion of tt,e conforming buil<UnS, and if such non-conforminG use is discontinued, any future use of such buildinc shall be in conformit:lT nith the provisions of this ordinance; provided, however, that all non-conforming uses of a con- -38- (3) yeavs Od. 'ltt? forminG building shall be discontinued not later than three from the effective date of this ordinance. 3. That in all "R" Zones every non-conformin:::; buildinc; Ylt>ich \7aS desi:ned, or intended for "se not permitted in such a zone, other 1;han 0. residentio.l buildin::;, si1.all be completolJ" romovod or altered to structurally conform to the uses pernitted in such zone ~ithin a time fixed by the Planning Commission and ~pproved by the City Co~ncil. Such time for removal or alteration may not be fixed for a date before the expiration of the normal life of such buildinc; as found by said Commission and City Council. In no event may the normal life of such buildinc; be fixed at less than forty (40) years from its orieinal ccnstruction. Such findinc;s of the normo.l life of a no~- conforminc; buil,dinC and tho fixinG of time for its romoval or alter- ation may only be had after notice to the o~nor and ho~rinc had there- on in the manner provided for the consideration of v~iances. .,t~rvf,,~ ~1f No such order s!1all require the removc.l or t-~' ~\l' ~~~. alteration of such a buildinG within ten (10) years from the time such ord8r is made. ~hon such an order is made, it shall be the d~ty of the Planninc Commission to c;ive tt>e owner of the buildine affected ~ritten notice theroof i~~ediately upon the order becominc final, and asain not less than sixty (60) nor more than ninety (90) days prior to the date such removal or alteration is required to be completed. 4. That, subject to all other resulations of this Section an:1. other ordinances, a buildinc destroyed to the extent of not more tha::l seventy-five (75;.') per cent of its reasonable value by fire, explosion or other casualty or Act of God, or the pUblic enemy, may be rl3stored and the occupancy or use of such buildine or part thereof vlh:lch existed at the time of such partial destruction may be continued. d. The non-conforming use of land where no structure thereon is employed the'Y'efor, existinc; at the time this -:>rd.inance becc.rr..e effective may be continued for a period. of not more than three (3) years therefrom, provided: -3\?- {J/f/d 7/- L? 1. That no non-conforming use of land shall in any way be expanded or extended eithEr on the same or adjoin~ng property. 2. That if the non-conforming use of land existing at the time this ordinance became effective is the reafter discontinued or changed, any future use of such land shall be in conformity with the Pro- visions of this ordinance. 3. That the lawful location and maintenance of connnercial signs and billboards existing at the time of tilis ordinance became ef- fective may be continued, although such use does not conform with the provisions hereof; provided, however, that all such non-conforming s~~ns and billboards and their supporting members shall be completely removed 1~bY their owners not later than three (3) years from the effective date ..\~~~~~ g ~~~~.~ of this ordinance. M) e. The foregoing provisions shall also apply to bui:I.dings, land and uses which hereafter become non-conforming due to any re- classification of zones under this ordinance. B. HEIGHT. 1. General. Except as hereinafter provided, no building shall be erected, constructed, reconstructed or established to exceed the height limit herein established for the zone in which such building is located. 2. Exceptions. a. One-family dwellings in the thirty-five (35) foot height zones may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height. b. In the thirty-five (35) foot height zones, public or semi public buildings, schools or institutions may be erected to a height not; exceeding four (4) stories or forty-five (45) feet when the required front, side and rear yards are increased an additional one (1) foot for each one (1) foot in height such buildings exceed thirty-five (35) feet. -40- 04 7CO c. On through lots one hundred and fitty (150) feet or less in depth, the heiGht of a building may be measured from the ad- joinine; sidewalk level on either street. On through lots more than one hundred ani fifty (l50) feet in depth, the height rec;ulations and basis of height measurements for tbe street permitting the greater height shall apply to a depth of not more than one hundred and fifty (150) feet fror.1 the street. d. PErnthouses or roof structures for the housing of elevators, stairways, tanks, ventilatinc; fans or similar equipment required to operate and maintain the buildings, and fir~or parapet walls, skyliGhts, towers, roof siGns; flagpoles, chimneys, smol{es tacks, wireless mas ts or similar structu~es may be erected above the height limits herein pre- scribed, but no penthouses or roof structures or any space above the height limit sh~ll be allowed for the purpose of providing additional floor space. ,~'I\fj<,..<:j J 13 ~'\;, ~(), I.)~~' ~ C. AREA. 1. General Except as hereinafter provided, a. No lot area shall be so reduced, or diminished that the yards or other c'pen spaces shall be smaller than prescribed by this ordinance nor sLall the density of population be increased in any manner except in conformity with the reeulations established herein. b. No yard or other open space provided around any buildinG for the purpose of complying vdth the provisions of this ordinance shall be considered as providing a yard or open space for any other building; provided furbh6!r', that no yard or 0 pen space on an adjoininG property shall be considered as providinG a yard or open space on a lot wherein a building is to be erected. c. Every buildinc; hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one (1) main buildinG and its accessory buildings on one lot except as herein provided. -41- {J/[d -; t c; d. Every individual parcel of land on the effective date of this ordinance shall be deemed to be one lot, and not more than one main building shall be permitted on said parcel of land unless all regu- lations herein established are complied with or a aubdi vision tract n:ap is recorded with the Recorder of Los Angeles County. e. Every required front, side or rear yard shall be open and unobstructed from the ground t 0 the sky, except as otherwis e provided. f. Where two-family dwellings or multiple-family dwellings not exceeding two and one-half (2~) stories in height are ar- ranged so as to rear upon the side yards, the following regulations shall apply; \I,~~~~U) 171 1. In the case 0 f group houses or court apart- ()\\'il \\~ f.(J' ments I the required side yards upon which such dwellings rear shall b':J increased by one (1) foot for each entrance or exit opening into or served by such side yard, but shall not exceed six (6) feet. Open, un- enclosed porches not extendin g above the level of t he first floor may project into the required width of such yard, provided such porches shall not reduce to less than three (3) feet the unobstructed pedestrian way or sidewalk on ground level. 2. In the case of a row of dwellings arranged so as to rear upon one side yard and front upon the other, the side yard upon which such dwellings rear shall be increased as required above for group houses and the average of the side yard upon which such dwellings front shall be not 113SS than one and one-half (12) times the width of the other side yard. Open, unenclosed porches not extending above the level of the first floor may project into the side yard upon which such dwellings front a distanl~e of not more than twenty (20%) per cent and in no case more than six (6) feet. 3. All other requirements, including front, side and rear yards shall be complied with in accordance with the zone in which such group houses or court apartments are located. c1~~' 1t~ g. In the "R" Zones no building shall be hereafter , ~ erected, constructed or established or used for a school, church,institutia or other similar use permitted under the use regulations of this ordinance, unless such buildin::;s are removed at 1 east fifteon (15) feet frol'l ever;r boundary line of a property included in any "R~' Zone, and provided thai; ro front yard as required in the zone, nor any side yard as required ahove, shall be used for play or parkinc purposed. 2. Special Fro~t Yards. If the front yard requirements of this ordinance differ from tbose required by any other ordinances previously enacted and still in effect, the provisions contained in such previol1sly enacted ordi- nances shall Govern. i'llI'ItI'llltD K 1! f71RO,I'lO. dwellinGs with common party walls shall be considered as one (1) 3. ::<:xceptions. a. For t e purpose of side yard regulations, the followinG buildin!! occupyinc; one (1) lot; two-, three- and four-family dnellini!:;:3 and row houses not more than two (2) rooms deepo b. LoadinG spaces as herein required may occupy not more than fifty (50~) per cent of a required rear yard. c. The front and side yard requirements for dwellinc;s and apartments shall be waived nhere the latter are erected above stores. d. An accessory building may occupy not more than twenty-fiv.'l (25:0) per cent of a required rear yard, provided such buildinc is not more than one (1) story in heiGht and located at least fifteen (15) feet from the nearest part of a main buildin::;. Further, no two (2) story accessory buildinG shall occupy any part of a required rear yard, and tn the case of a reversed frontace, no buildinc shall be erected closer than five (5) feet to the line of abutting lot to the rear. e. Throu::;h lots one hundred and forty (140) feet or more in depth may be improved as two (2) separate lots \7ith the dividin::; li~e mid- way between the street frontaGes, and each resul tin::; half shall be sub.. ject to the controls applying to the street upon which each such half faces J except that the required maximum front and rear yard may each be reduced to ten (10) feet for lots the total depth of ~hich is less th~ one hundred and sixty (160) feet, and provided that if the whole of su()h tl"<..rouch lot is improved as one buildtng-site no accessory buildinC shall -43- ()~ 7l() be located closer to either stroet than the distance constitutine the required front yard on such street. f. Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a side yard not r.lore than tno (2) inches for each one (1) foot of the '7idth of such side yard nnd may extend or project into a front or rear yard not more than thirty (30) inches. s. Fire escapes may extend or project into any front, side or rear yard not ~ore than four (4) feet. h. Open, unenclosed stairVlays, or balconies not covered by a roof, or canopJ', may extend or project into a required rear ys.rd not more than four (4) feet and such balconies and canopies r.lay extend into a required front yard not r.lore than thil'ty (30) inches. \\~~t~\lt\l Z 71 j 0 Uncovered porches, pIa tforr.ls or landinc; places \"ihich 0\\0.\'\0. ~ do not extend above tee level of the first floor of the buildinc;, may extend into any front, side or rear yard not more than si:,: (6) feAt; provided, hOTIever, that an open nork railinc; not more th~n thirty (30) inches in hAi~ht may be installed or constructed on any such porch, platform or landin~ place. I!:. Open "FOrk fences, hedces, landscape arc hi tee tural features or :T~.~'" :r'a.i.l::n~, :'or fl,:fctJ' protection around depressed rar.lps, not more thF\TI four (4) feet in hei~ht, r.l:t:' bo loc:l.ted in ffi'lY front, side or rear yard. 1. A fence or VI~ll not r.ore than six (6) feet in heic;ht, or a hed::;e r.1aintained SO as not to exceed six (6) feet in height, may be located alone the side or rear lot lines, provided such fence, \'lall or hedce does not e::tcnd into the reCl,\'ired front yard nor into thEl S ;.de yard required alone the side street on a corner lot, \"i~ich in this case shall also include that portion of the rear yard nbuttinc:; the intcrsect5.n13 strflet wherein accessorJ' builcJint;s arc prohibited, and further prov5ded that the provisions shall not be so interpreted as to prohibit the erection of a fence enclosinc; an ~lementary or !:iSh School site, if such fence dOElS not project beyond the front line of the lmildin[';. m. Trees, shrubs, flovlers or plants shall be permitted in any required front, side or rear yard. -44- (//L-d. '/ jt1 SECTIO~ 16: VARIANCES When practical difficulties, unnecessary hardships or results incon- sistent uith the ~eneral purpose of this ordinance result throuGh the strict and literal interpretation and enforcement of the provisions there,- c' 1 ;;,()"'-,~~:~kf, tl'1e PlanninG COllUnission of the City of P.rcadia, upon the receipt of \J,\ . a verified application from the ouner or lessee of the property affocted statinc; fully thesrounds for the application and t~e facts relied upon, or upon the motion of the said Commission, may, in the manner prescribed in this Section, consider the cranting of s~ch variance from the pro- visions of this ordinance, uith such conditions and safesuards as it may detern\ine, and as may be in harmony \'/ith its eeneral purpose and intent so that the spirit of this Ordinance shall be observed, public safety and I"/slfare secU!'e<1 and substantial justice done. I. ...^..", Var:Lances shall be considered b;y the PlanninG Commission actinG in an advisory capacity to the City Council, and the recor.nnendations made by the Planninc Comnission \7ith respect to any such variance shall be subject to approval by the City Council in the manner provided in Part II E of this Section, and Section 18~ ~~~~~.~,{ B. All of the follouinG, and all matters directly related ~~~. ~ thereto are declared to be special uses and authority for the location AMENDED OIlD. No. and operation thcreof shall be Granted only under the provisions of this ~.., o. ~~t~ Part I of this Section. This declaration is based upon the fact that all ~\,\~. ~R~1f of the uses here enumerated possess characteristics of unique and special forms as to make impractical their being included automatically in any classes of use as set forth in the various zones horoin defined. 1. Airports, 2. Cemeteries, 3. Crematories, 4. Columbariums, 5. Establishments or enterprises involvinG larGe assemblac;es of people or automobiles, 'including: a. Amusement parks, b. Circuses, c. Fair grounds, -45- o /l-cI. 1 { () d. Open-air theatres. e. Race Tracks, other than horse. f. Recreational centers. g. Hospitals and sanitariums. 6.. Institutions of a philanthropic or eleemosynary nature" .,'''-\\';)~. ~~'\ . (;:)'/-"'. 7.. Mausoleums, 8.. Natural resources, development of, together with '$>"'~ o1'i ~\~t \\(l. D 1':J~'\j. f(j necessary buildings, apparatus or appurtenances incident thereto. 9.. Radio or television transmitters. 10.. Riding Academies. C. All. matters required in Sections 4, 5, 6, 7, and 12; to be reviewed shall be approved and allowed only under t he provisions of this Part I, provided no filing fee be required. II. A. ~?on the filing of a verified application by a property owner or lessee, or upon its own motion, the Planning Commission shall give public noti,~e of the intention to consider the granting of a variance as provided in S'9ction 16. B. Not more than forty (40) days following said hearing the Planning Commission shall announce its findings by formal Resolution and said Resolution '3hall recite, among other things, the facts and reasons: which, in the opinion of the Conunission make the granting or denial of the variance necessa:ry to carry out the provisions of this Section and the' general purpose of this ordinance, and if such Resolution recommends thtLt the variance be granted, it shall also recite such conditions and lim- itations as may be 'imposed to serve the purpose of this Section. Such Resolutions shall be numbered consecutively in the order of their passage and shall become a permanent record of the Planning Commission. C. Before any variance may be granted it shall be shown: l. That there are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of 1; he property, that do not apply generally to the propert;y or class of use in the same vicinity or zone. 2. That such variance is necessary for the preservation -46- O.1.-d. 7't() and enjoyment of a substantial property risht of the applicant possessed by other propArty in the same vicinity or zone. 3. That the cranting of such variance will not be material- ly detrimental to the public welfare or injurious to the property or improve- ments in such vicinity and zone in which the property is located; and 4. That the crantins of such variance ~ill not adversely affect the Comprehensive General Plan. D. Applicc.tions for a variance shall set forth in detail such facts as, in the opinion of the applicant, pertain to SUbparaGraphs 1, 2, 3 and 4 of ParaGraph C next above. E. The action by the City Council on any recollunendation from the Pla.-r:mine; Commission relating to a variance shall also be by Resolution, which said Resolution shall recite additional findinGS and conditions, if any, to those contained in the Resolution by the PlanninG Commission and the authority conv'3yed by such Resolution shall constitute an administrative act. &.<:) 11 SECTION l7: .!\.IIENDj,1E:TTS @~''1) ~~~<:)~ Boundaries of the zones established by this ordinance or the classi- 1Yj' fication of propsl'ty uses therein may be alnended, reclassified and al tered whenever public neeessity and convenience and Gener!l,l welfare require. Such .<,(,~:.~/JchanGeS may b e initiated bv: (a) the verified petition of one or more otmers ~." ~\V .. ,-\ . ~~ of property propos2d to be so chal13ed or reclassified; (b) ~esolution of Intention of the City Council;. (c) Resolution of Intention of the PlanninG Commission. Whenever the O\7ner of any land or buildinG desires a reclassificc.tion of his property, he shall present to the PlanninG Commission a petition duly verified by him, requestinG an amendment, supplement or chanGe of the recula- tions prescribed for such property. Upon the filine; of such verified petition, or the passaGe of such Reotolu- tion of Intention, the PlanninG Com~ission shall provide for such hearinGS thereon as may be required by lstl for amendments, extensions or additions to the 2D nine plan" rmd notices of such hearine; or hearincs shall be Given, and the PlanninG COl~ission shall take such action thereon as is providod for -47- O/1.cI 7?rJ in Section 17 hereof; SECTION 18 ~ ~~fl\.~\l 1 f v..~\\\l,1\"' 8 PETITIONS: ~ PETITIOliS, ~!OTICSS, rWi',)TIG"TIONS A'm HEP.Rr"Gs. The Plannin3 Commission shall prescribe the form in which applica.tions fOl' chance of 3J ne boundaries or classifications or for variances are made. It may prepare and provide blanks for such purpose and may prescribe the type of information to be provided in the ::p pli- co.tion by the pE.titioner. Eo petition shall be received unless it com- plies with such requirements. If sicnat\~es of persons oth(r than the owners of property making the application are required or offered in suppor' of, or in opposi tion to, the application, they may be received as evidence of notice havirc been served upon ~,em of the pendinc application or as evidence of their opinidn on the pending issue, but they shall in no case infrL'3e upon the free exercise of the pO\'1ers vested in the GitJ 0.0 Arcadia. Petitions o~ applications filed pursuant to this ordina~ce shall he numhered co~secuti voly in the order of t heir filinG and sha11 become a p~rt of the per~anent ~fficial records of the Planning Commis3ion, and th0re shall be attached thereto and permanontly filed therewith copies of all noticoe and actions vnth affidavits of postinG, ~nilino or pub- lication pertaininc thereto. A foo of T\'Ienty-five (;;2-.'>.00) Dollars shal'. he p'1).d u;?on the ::.'i11::[; C1fc'lcL1 petitl'l1 :"ll':)vicle,1. ~cr .Ln Seo::tion 16 and 17 for the purpose of defrayinG the e~Jense of post.a.Ce, postinc,advertisiDG and other cos~s incidental to th'3 proccf'di'1Gs prescribed herein. A written receipt shall be issued to the per~on ~akirG s~ch payment and records of such payments and expendi tures thereof shall be kApt in such manner as prescribed by law. ,WTICES. :'\.11 proposals for !L'TIendin::; rone boundaries or classific'ltic:1s of propArty uses \'1ithin sl1ch zones as are defined by tbjs ordinance, or h:r tl"H,} grsntin:::; of variances an provided in Section 16 hereof, shall be set for public he:J.rinG by theSecret~.r~' of the Plannins Commission, tl'e d3:t e of t;le first of l":1",ch he:1rlncs shall bo not loss t),an ten (10) dUJ's nor narc trw.n thirty-five (35) du~'s from the time of filin::; of such verifien. peti- tiol1 or of the ac1o~;tion of such Resoluticn, or tho r.o.akin!:; of such no- -48- o~ 7'&() tation; provided, however, thc.t not More thc.n one hearinc; shall be required for tJ'€ pur!Jose of considerinG the 8r~ntiT'G of a variance. Notice of the ti~e and place of such ~earir.ss shall be siven by postinc;, or mailing, or both, in the follo~inc ma~ner, both methods to he used \loless otherrIise directed hy the Plnr.ni:1C Commission. 1. post,:ne; in front of the property under cor.sideration l1et less than ten (I::>) c1,a:"s prior to the da+:e of the first of such h09.ril"Cs, a notice consistinc of the rlords "E0TICF. 0F PROPOS'PD (;T{l\":'i:i:, OF :ro'T BOUl:Di.RI3S OR CL,\SSIPIC.tr:TIOi;" or "nOTIClc OF PROPOSED "JIIRIA17CE" as t;le case may be, pri:lted in plain t;y,:0 17ith letters of "lot less than one inch in heicht and a Iltatement in six or eicbt point type setting forth a description of the property under consideration, the nature of the pro- posed chance, und tho time and place at which a public hearins or hearincs on the matter rlill be held. if more thun one pcrcel of property is in- ",011 ( <\",~\/-;",:.g vol veCl, then noti.ce shall be pos ted not more than one hundred 100) feet - ..-".\.- ~./ o apart on each sice of the street upon which said property fronts for a distance of not less than three hundred (300) feet in each direction fro:n said property. 2. i'ailir.s a \'II'itten n::-tice not less than ten (10) days prior to the dl'lteof the firf't of sl'ch hearine;s to the owners of property 1','ithin a radius of three hunc1red (300) feet of the exterior boundaries of tho property to be chanced, using for this purpose the last known name and address of such ormers as si',O\','n upon the assessment rollof the City of Arcadia. Such n("tice shall contain the same i'lforr;,,,-ticn us is required in a posted notice a~l described qbove. Ii:VESTIG.,TIorrs. 'rhe P1annlne; Commission shall cause to be made by its Ol'ffi members, or members of its staff, such investi::;ation of i'acts bearing upon such application set for hearinG, includinc an analysis of precedent cases as r:ill serve to provide 0.1,1 necessary information to assure action on such case consistent with the purpose of this ordinance and with previous amendments or variances. HE4R!:TGS. Public hearinc;s as provided in this Section shall be con- -49- (/4 -;y,{f) ducted before t::le Plr.nn1nc Commission. The Commission may estab15sh its own rules f:)r t he conduct of public heurinc;s and the member of the Commission presidinc at such hearinc is hereoy empouered to administBr oaths to any pe:.'son testifyil'C; before it. Summary of all pertinent testim~ny offered at a public hearinG and the na:nes 01' persons so tes tif;;ing sllall be recorded and maoe (', rax't of the permanent files of thecase. If, for an;T reason, testimony on any case set for public hearing cannot be compll~ted on til0 date set for such hearinG' the COl'llniflSioner presidinc at su"h public he:<rin[; may, before the adjournment or recess thereof publicl;r announce the ti:ne and place at "Jhich said hearings \"Jill \\) g <'IIIi'\';' 31 be cont~.nue ~, and such anno'~nce!'!ent shall serve as sufficient notice of ~\"" \\r,. 1)>:-1). 16' such continuance and without recourse to the for!'! of public notic0 as provided for in the first instance by this Section. Upon tr..e completion of a public hearin:;, tile Planninc Comm:'.ssion shall, not late1' than thirty-five (35) days thereafter, render its de- cision in the matter so lo.eard. Failure to so act uithin so,id th5.rty-fi're (35) days shall se:('ve to autooatically and immediately refer the uhole matter to t;l3 Cj.ty Council for sunh action as it deems warranted under the circumstanc€,s. In the event of s\lch failu,:,e on tole YJIr t of tile Plannin~ Commission to act, the Secretary of the Plannin: Comnission shall immediatel;)' deliver to the City Counc il r.ll 0 f the reco:i:'ds of t 1'8 matter involved. The Plannir.c Con~ission shall announce Rnd record its actions by formal resolution and, sueh resolution ShRll recite the findi:"C:J of: the Planninc; Commission upon \7h~_eh j.t bases its dec::.sion. ~ot later than ten (10) days after final action by t0e Plannin: Commission on the application for a v('riance, notice of the docision in the mattor shall be mailed to tile applicant at the acldre'Js sh.,,7n upon t::lO application. In the case of a variance cranted under~he limitations of Para,sraph I of Section 16, the follouinc; proced\1res shall c;overn. (a) Not later than ten (10) days after final action by the -50- /7 /' /1/ (\ U..tC-i . planninG C0l'1n11s~lion on an o.pplicat:ion for a variance the secret'lI'Y of the Plw'1in.::; COT1"1-'.SCl'.On she.ll for\'l!'.rd to tho city C01.mcil 11 copy of the ~e~olution ~lottins forth tlle fi!1(1'l.nGs end rcco'r'lJen<1atir:>ns of t;,e PJ.e.nninc COY''.r.1isnion. (0) ;;ot le.tel' thrm t,.,enty (20) dr.y1'l after the final action by tho P~an'1j!1C; Co~ission on o.n anu15c2tion ~'1 appeal may be filed, in r:ritinc;, \7ith the :;itJ' C'o1.'nci.l. (e) If an a:?e~l from ~,0 action of the Planninc Com- mission is filed r:5'oh tho Cit:' COllJ"cil \7ithin tl.,c time p:::'osc::'i1'ed, t'le Ci ty Council shall set t1'lf' r.att3l' :~or b'l~,l'5.n: in the: S2!:le !"'ar1J1sr as . d' t . . t'" " f' +h PI ' requJ.ro ~i1 cOTlnc-c J..C'lTI '..:~_ ,1 .'1.~~rlnGs on V:~.~"J....\nccn oe_0~.:.e -',_ e . ['~nlns Co~~i3sion. Tho Secretary of the Plannin~ Co~ission s~~l also be notified of thr :"ill":::: of guch a,,,c~.l, t\r.d upon tile :'ecei.pt of Sllch ~~~C\,~ij t~~ t;t:~;\\).".. notice 5;11..11 trclJ1s~it to the Cit~. Council the cOr.1plete filo in t}1o ('~so. 1Y6 (d) Hot Inter t;,r.n ten (10) dl'Ys after the ."inal ac tion on such appeal bJ- the Cit~, Council, notice of t:10 decision in the 'Y.atter shall be muiled to the appellant and the file in the cqse shall be returned to the c.rchivos of tne Planninc :;omr1ission. The decillion of the City Council on such matters of appeal s'ln.ll be fil18.1~ (e) If no apoo~l from tho action of the Pl~lninG Com- mission is tile( with the City Council as herein provided, the C\ty Counc il shr.ll, \\'i thin not mo:'o than thirty (30) c1p.ys follm7inc; receipt of' the resol\lt5c'I1 '1nd recoN10nd~tions :~ror.l the :?lr.nninc; COl.'J;lission, con- sider the matter cont~inod thorein. If t~c ~ction of the City Cou~cil is to disapprovE tho r("c cp'::\{'nd:o>,tion , snc11 df}{'.',sion s:'l.c.ll be final. 'The dec:tsion of t:le Pl8.nninc COr.m1ission in the le.::;islati'T0 ~atter of ~ondin.::: zone boundarieG or use classifications or other ~att3rs es tab)j s11ed by t1., is ordinr.n~ e shr.ll b 0 nr1.'rj [lor;,' onlJ" If' an applic '1 tiO'l involvinc; on tlnenrnr.ont be a::,":rovod, th0!' not later than ten (10) dp.ya p.fter fino.! action by t:le Plannin::; COlr.nd ss ion t:le"eon, its recommendati ~n, tocether \'lith tllC conplote "'('corc'la of' the C",lle shall be deliverd to the City Council. After the City COll'1cil has acted, the records of the Cl)S.~ shc.ll be returned for perrmncnt f'ilinc; in the recQrds of the PllU'nin.::; Cotl11'issio'1. ::ot ""710--'0 tl"= to!' (10) dnys -5l- nfter action by the Planninc; /l /. '1t;() (./.4: . Commission the applicant shall bo notified by ma5.1 of the C01"llr'ission's decision. SECTIOX 19: I::TERPRET"TIO:T - PlTRPOSB - COiT",Llr.T. In interprotin['; and appl~Tine the provisions of this ordinance thcJ shall bc held to he the minimum requircl'lOY'ts for the promotion of the public health, safety, comfort, conveniencc and ceneral welfare. It is not intended by this ordj.nnnce to interfere '.7ith or abrC'l::;e.te or I1TJnul any easement, covenant or ot,her aCr<.'ement betr:een parties. \':here this ordinance iMposes a c;reater rcstriction upon the use of bt'ilClinss or land, or upon the hei:::;ht of hu5.1Cli'1C;s, or require larc;p.r open spaces than are imposed or rer"l\ired b:\T other ordinances, rules, ro:::;ul 'ltion~ or by easements, covenants or acreements, the provisions of this ord- inance shall control. SECTIO:T 20: F"Ri.TTS - LICE:TS:::;S - CO;iPL!:.::CS. All departmonts, officials or public employees vcntor'!, ;-6th tho duty or authority to is sue pormi ts or licenses uhere required h:\T la\'1, 1::'1:'.11 conform to the provisions of this ordinance. !To such liconse or per111it. for uses, buil(Uncs or purposes ':!here the S'1.:ilO 1I0uld be in conflict rlit.h the provisions of this ordinance s:'11111 be issuod. An:\, such license or per!1U. t, if issUt~<1 in conflic t rli th the provisions hcreof, shf'.ll be null and void. SBCTIO~ 21: P~:!ALTY. Any person, firm or corporation violat5.nc; an:\, of the p~ovisions of this ordinance ,shall be doemed .:;uilty of misdemeenor, and UpOI" convict-, ion t:'1ereof shall be punishable by a fino of not more than :five Rnndrec. (~;500.00) Dollars or by b.prisorunent in the Ci~J Jdl or the County Jal! for a period of not ~ore than ninety (?O) d~ys, or both such fine und imprj.son:nent, Each such person, firm or corporation sh::ll be decmed :::;1:.:i.lty of It separate o:fense for every day durin.:; uny portion of ~'1ich any violation of an;r provision of this ordinance is comr'litted, continueC'. or permitted by such person, firm or corporation, and any use, occupation or buildinC or Iltructure maintained contr~ry to the provisions hflrcof shall constituto a public puisance. -52- t/4 7t Ii I / Si::CT ro:r 22: RI:P:F;ALS. Ordinance !To. 439 of t'1.6 Ci t~r of Arct'.dia, adopted and app!'(wed June 28, 1940, and ~ll ordinances amendatory thereof except Ordinancos :..;rantinc vnrit:lnces pursuant to Section 25 of snid OrdinMce Ho. 439" 'nd all ordinances a'1d parts of ordinances in conflict hererlith are "orcby repealed; provided thn.t any such repeal snaIl not a:."fect or prevent the prosecution and punishment of any person, firm or cor- po ration for any act done or cOmMitted, prior to the effective date hereof, in viol,3, tion of any ordinance rlhich is repealed hereby ~ Sl';CTIOH 23: E}TACTHIG S"=CTION The city Clerk shall certify to the adoption of this Ordinance and prior to the e;7iration of fifteen (15) days from the passace thoreof, shall cnuse the same to be published on~c in the Arcadia Tribune and Arcadia Nevs, a nevspaper of soneral circulation, published and cir- culated in tho '~i ty of Arc adia, and thirty (30) days from and after the final passn~e t~ereof said Ordinance shall take effect and be in force. I Ir~R:;;::',Y C:'~RTn'Y that the fore:;:oinc Ordinance was udopted at a re~1I1ar mcetine; of the City Council of the City of Arcania, held on the 3rd dRY of l:ay, 1949, by the affirmative vote of at least throe Counc i loeD, to -"Ii t : AY8S: Cowlcilmen Boucher, Klomp, Libby, Nugent and Russell !TOES :- Nonl3 ABSEHT: NOlle / / / . /r, /v-. /L~:;-J/_'A Ci ty Clerk 01' the C~ ty of Al'C?dit'.. j.. ~ 5!G;ID "~D "~PraOV,-,D this 3rd dtty of ;,:ay, 1949. ~~ I,Jayor of the City of Arcadia. ATTEST: Y /' /~ ' /....,- C1 ty C_ erk ;;!'j -53- ,"^ .....s;:... l(,;a tJzcl 7&0 I ) \ 7 2 :j ; " '--'- - - - \.1 , i_' STATE OF CALIFORNIA ) , I <;OUNTY OF LOS ANGELES ) s S / : ''1 \ ...~~ j I ~ ~_~_._f.1:.a;r;.-Old:nROacb...nnnn'hh.'...'...n.n'h....n.......nn' (, . ii! &aid County and State, being duly sworn, says: 11'1 II Ii _ That Ihe is and at all times herem mentioned was . ,\. ; .,.. c1tlzep of the United States, over eighteen years ,- \ ',of age, and not 8. party to nor lntet'ested in the above 'entitled! matter, that he Is the...Ed1.t.o;r.'hhhh' hh,of ,~ : o I ".J!HE ARCADIA TRIBUNE :--,..;.--' AND ARCADIA NEWS a newspaper printed and published weekly in the City of Arcadle., County of Los Angeles; tha.t said .newspaper has been continuously printed and pub- Ushed once each week .for 0. period of more than one year prior to the date hereof; that said newspaper is a paper of general circulation, having a bona fide subscription list ot paid subs~ribers; that the nQ~.gtI.1.~,I.1gElh.#..'7.l,\Q'''''''hn'h''''' In the above entitled matter, of which the annexed is a f'lTint.ed copy, was published in said newspaper and not in a supplement thereof on the following da.Y,nhhhh,to-w1t: ,...Mey...l.2,.hhl~49,.,h ~::';.nfi.::~~:::.:.:" Subscribed ,~sworn to before ml~. this.................... ....h.."'./.J..'7T....day ol"....21~.l.94f.... '..h__........_......rL&:..A.h..../2J.:h....~' . Notary Public in and for the County of Los Ange... les, State ()~ CalUomia. My Commissioll Expires Jan. 2~. 195] 'I ,- .; '.- :. - - ~~ }~LICA TION ... -". c:ld 7&0