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HomeMy WebLinkAbout0877 ORDINANCE NO.87'" AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF ARCADIA, CALIFORNIA. AMENDING SECTIONS 5 AND 15 OF ORDINANCE NO.760 OF SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. After publiC hearings before the City Planning Com- mission and the City Council, and upon reviewing and considering all evidence received thereat, that the public necessity, convenience and general welfare require that Ordinance No.760 of the City of Arcadia be amended as hereinafter provided. SECTION 2. That Sections 5 and 15 of Ordinance NO.760 of the City of Arcad1a. entitled: "AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF ARCADIA AND THEREIN REGULATING THE USE OF LAND: HEIGHT OF BUILDINGS AND YARD SPACES: ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES: DEFINING THE TERMS USED IN THIS ORDINANCE: PROVIDING FOR ITS ADJUSTMENT. AMENDMENT AND ENFORCEMENT: PRESCRIBING PENALTIES FOR VIOLATIONAND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH.", adopted May 3, 1949, be and the same are hereby amended to read respectively as follows: "SECTION 5: "R-l" SECOND ONE-FAMILY ZONE. The fOllOWing regulations shall apply in the "R-l" Second One-Family Zone unless otherwise provid- ed in this Ordinance. Ai' USE. No building or land shall be used add no building shall be here- after erected, constructed or established. except for the follow1ng uses. 1.One-family dwellings of a permanent character placed in perman- . ent locations; private garages; carports. 2. The raising or keeping of not to exceed a total of Ten (lO) fowl or birds, the raising or keeping of Racing Homing Pigeons under such regulations aS,may be imposed by Ordinance. and a total of not to exceed Five (5) small animals (and the offspring of each thereof until such offspring is cap*ble of being raised or maintained separate from and independently of full grown members of the same species). . keeping of livestock; each of the foregoing to be subJect to such ~Q ,,,9 -1- /L;! P--r7 regulations as are now or may hereafter be imposed by Ordinance; private greenhouses and horticultural collections (grown in the ground); fruit and vegetable ga~dens, fruit trees, nut trees, sale of only the pro- ducts produced on the premises 3. Underground storage 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 zoned for "R-3", "p", "C-2", "C-3", "M-l", or "M-2" Zones. b. A public parking area where the side of a lot in the "R-l" 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. Two and one-half (2i) dories and not to exceed thirty-five (35) feet, except as prOVided in Sections 15 and 16. 'C. FRONT YARD. There shall be a front yard of not less than twenty-five (25~) per cent of the depth 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, between 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 shallow lots prevail, the Planning Commission may, in the manner provided for considering variances, (Section 16, Pat I C) establish an appropriate special front yard depth which, when approved by the City CounCil, shall govern; provided, however, that if a front yard depth ot~er than t that herein prescribed is now or may hereafter be established by . -2- Ole.} f 77 ~ ,..,j -n- Section l5, C. Area, sub-paragraph 2 of this Ordinance, the requir- . , . ed front yard depths shall be as prescribed by such Section. D. SIDE YARD. On interior lots there shall be a side~ard on each side of a building of not less than three (3) feet, provided that when one or more dwellings are erected at locations on a lot other than the building site contiguous to the front yard the required s~de yard for each such building shall be not less than ten (10) feet. ,r on corner lots the required aide'yard line adjoining the . interior lot shall be the same as for interior lots. The required side yard on the street side shall be ten per cent (l~) of the width of the lot, provided it shall be not less than ten (10) feet; ~nd provided further that accessory bUildingS~~ii be located not less than fifteen (l5) feet from the side street lot line. E. REAR YARD. On lots having only one dwelling there shall be a rear yard of not less than twenty-five (25~) per cent of the depth of the lot, . provided such rear yard need not exceed twenty-five (25) feet. On lots having two or more dwellings 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 thirty-five (35) feet. F. LOT AREA PER FAMILY. Every main building hereafter erected, constructed or es- tablished shall have a lot area of not less than seven thousand five hundred (7500) square feet per family, and shall have a width of not . less than seventy-five (75) feet at the front building line, that where a lot has less area than herein required, a~~was prior to June 28, 1940, said lot may be occupied by no~more provided V Of record than one \.- 1- 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 building line and was of record prior to January 27, 1949, said lot may be occupied by not more than one family. There may be one additional dwelling erected for each tull seven thousand five hundred (7500) square feet' in excess ,of the required t -~- . minimum of seven thousand five hundred (7500) sqaare feet, but not more than three single family dwellings will be permitted on any one lot or parcel of land in Zone "R-l". No lot or parcel of land held under separate ownership at the time this ordinance becomes 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 ownership at the time this ordinance becomes effective and which has a width or an area less than that required by this ordinance be further reduced in any manner. No portion of a lot, necessary to provide the required area per dwelling unit, shall be separated in ownership from the portion of the lot upon which the building containing the dwelling unit or units is located. Where building site areas, other than recorded subdivided lots, va~y from. the minimum requirements herein provided, it shall be the respoDsibility of the Planning 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 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 under this paragraph need notbe to specific property. Proceedings ~ submitted to public hearings." "SECTION 15: GENERAL PROVISIONS AND EXCEPTIONS. A. USE . l. General. a. Except as hereinafter provided, no building shall be erected, constructed, reconstructed or establiShed, nor shall any building 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 specifi- t ed as permissible in each of the various eones herein designated, or if ambiguity arises concerning the appropriate classification , of a particular use within the meaning and intent of this ordinance, -4- or if ambiguity exists with reference to matters of height, yard requirements, or area requirements as set forth herein and as they may pertain to unforseen circumstances, it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings 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. Parking REQUIREMENTS. a. Area. Every main building hereafter erected, constructed or es- tablished shall be provided with minimum off-street parking accom- modations as follows: 1. FOR DWELLINGS there shall be at least one parking space on the same site with the main building for each dwelling unit and such parking space shall be not less-than eight (8) feet wide by twenty (20) teet long, with adequate provision for ingress and egress. . Such parking space shall be located back of the required front yard, 2. FOR BUILDINGS OTHER THAN DWELLINGS there shall be at least one parking space of two hundred and fifty (250) square feet on the same lot with the main building or, contiguous thereto as follows: (a) For Churches, High Schools, Colleges and University Auditoriums and other places of occasional assembly, at least one (l) parking space for every ten (lO) seats provided in said building. (b) For Hospitals and Institutions, at least one (l) parking space for.every two (2) beds provided in said buildings. (c) For Hotels and Clubs, at least one (l) parking space for every three (3) guest rooms provided in said . , ,/> J l)/'" d) For Theatres, Au8itorims and other similar places buildings. t of assembly, at least one (l) parking space for every tour (4) seats provided in said building. 3. For tourist courts, at least one (l) parking space for each individual sleeping or livibg unit. -':1- b. IMPROVEMENTS. . All "public" parking areas and "used car sales areas" herein permitted shall be improved as follows: l. 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 "R" uses. it shall be separated there- from by a solid masonry wall six (6) feet in height, maintained in good condition, provided said wall, from the front property line to a depth equal to the required front yard on the abutting "R" classi- . fied property shall be three and one half (3;) feet in height; and proYided a fence may be erected along the front property line to a height of three and one-half (3;) feet, and provided where no fence . O~ i8 erected along any boundary of such parking area but.ting upon a street a suitable concrete curb or timber barrier not less than six (6) inches in height shall be securely installed and maintained. 3. LOADING SPACE. a. Every main building ~ereafter erected~ ,constructed or es- ~ t tablished in any "c" or "M" Zone, when such buUlding is located upon a site contiguous to a public alley, shall be provided with a minimum off-street or off-alley loading space as follows: 1. One (1) loading space for each six thousand (6000) 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 thous~nd (20,000) square feet in excess of forty thousand (40,000) square feet, or major fraction thereof. 4. NON-CONFORMING BUILDINGS AND USES. a. If, prior to June 28, 194O, a one-family dwelling existed on a lot having an a~ea of less than fifteen thousand (15,000) square feet in Zone "R-l" and such dwelling is located so as to leave a building-site on the front portion of the lot, incldding yard spaces as required herein, then a one-family dwelling may be erected and maintained on the front portion of the same lot in the &&ae manner provided herein, whereupon 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 alterations are made therein, except those required by law. If such non-conforming building is removed, ivery tuture use of such \ premises shall be in conformity with the provisions of this ordinance. c. The non-conforming use of a building existing at the time this ordinance became effective may be continued provided~ l. That a non-conforming use of a non-conforming building may be expanded or extended throughout such building provided no structural alterations except those required by law are made therein. 2. That a non-conforming use of a conforming buulding shall not be expanded or extended into any other portion of the conforming building~ and if such non-conforming use is discontinued, any future use of such building shall be in confOrmity with the pro- visions of this ordinance; provided, however, that all non-conform- . ing uses of a conforming building shall be discontinu~d not later than three (3) years from the effective date of this ordinance. 3. That in all "R" Zones every non-conforming building which was designed, or intended for use not permitted in such a zone, other than a residential bUilding, shall be completely remov- ed or altered to structurally conform to the-uses permitted in such zone within a time fixed by the Planning Commission and approved c,"!- by the City Council. Such time for removal o~ alteration may not be fixed for a date before the expiration of the normal life of such building as found by said Commission and City Council. In no event may the normal life of such building be fixed at less than forty (40) years from its original constructionr Such findings of the normal life of a non-conforming build- ing and the fixing of,time for its removal or alteration may only , be had after notice to the owner and hearing had thereon in the manner provided for the consideration of variances. No ~u~h order shall require the removal or alteration of such a building within ten (lO) years from the time such order is made. -7- t When such an order is made, it shall be the duty of the Planning Com- mission to give the owner of the building affected written notice thereof immediately upon the order becoming final, and again 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 regulations of this Section and other prdinances, a building destroyed to the extent of not more than seventy-five (75~) per cent of its reasonable value by fire, explosion or other casualty or Act of God, or the public enemy, may bexestored and the occupancy or use of such building or part thereof which existed at the time of such patial destruction may be continued. d. The non-conforming use of land where no structure there- on is empl.yed therefor, existing at the time this ordinance became effective may be continued for a period of not more than three (3) years therefrom, provided: l. That no non-conforming use of land shall in any way be ex- panded or extended either on the same or adjoining property. 2. That if' the non-conforming use of' land existing at the ./ time this ordinance became effective is thereafter distontinued or changed, any future use of such land shall be in conformity with the provisions of this ordinance. 3. That the lawful location and maintenance of commercial signs v"" and billboard~existing at the time of this ordinance became effective may be continued, although such use does not conform with the pro- visions hereof; provided, however, that all such non-cpnforming signs and billboards and their supporting members shall be completely re- moved by their owners not later than three (3) years from the ef- fective date of this ordinance. e. The foregoing provisions shall also apply to bu*ldings, land and uses which hereafter become non-conforming due to any re- classification of zones under this ordinance. f. The term "discontinue", in any tense or form, as used in this Section shall be deemed to mean the abandonment of a non- conforming use. The cessation from the active participation in a non-conforming use for a period in excess of ninety (90) days shall -8- . conclusively be ,presumed to constitute the abandonment of such non-conforming use, unless within such period of ninety (90) days the owner, occupant or tenant of the premises upon which such non- conforming use is existant, shall file with the City Clerk a veri- fied declaration containing the following information: (1) The legal description of the premises upon which the non-conforming use has existed; (2) The street address by which such premises are commonly knownJ . (3) The name and address of the owner, occupant or tenant of such premises; (4) The business or trade name, if any, under which the non- conforming use is conducted; (5) A statement that the cessation of the non-conforming use is temporary, the reason for such cessation, and the estimated duration of such cessation." SECTION 3. The City Clerk shall certify to the adoption of . this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage thereof said Ordinance shall take effect and be in force. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City C&uncil of theCity of Arcadia, held on the l7th day of November , 1953, by the affirmative vote . of ~t least three Councilmen, to-wit: AYES: NOES: ABSENT: Councilmen Dow, Hulse, Kennett and Schmocker None Councilman Nottingham //7?~ City Clerk or the City or Arcadia SIGNED AND APPROVED this l7th ... ATTEST: . .a;~