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HomeMy WebLinkAboutOrdinance No. 294L.wh,l -• V O 1 11 ORDINANCE NO. 294 2 !! F1 6 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT IN THE CITY OF AZUSA$ CALIFORNIA, OF FOUR ZONES, consisting of various district 7 and prescribing the classes of buildings, structures and improve ments in said several zones and the uses thereof, and prescribin g the penalty for violation of the provisions thereof. 9 The City Council of the City of Azusa, California, do ordain as follows: 10 11 SECTION I: That in order to designate, regulate and restrict Tile' oi� a ion and locations of commerce, business, trades and en - 12 terprises, and the location and locations of all buildings desig nested, designed, arranged or intended for special uses, four (4) 13 classes of districts, which shall be respectively known as "Zone R-411, "Zone C-3", "Zone M-2`+ and "Zone M-3", which said several 14 zones and the districts of each thereof, so far as said district are hereinafter defined, are hereby established; and the boundar 16 ies of said districts and each of them, are shown upon the "Zone Map" of the City of Azusa, attached hereto, which is by this ref le erence expressly made a part hereof, and which is hereby referre to for a particular description of said districts and each of th 17 I SECTION 2: That except as hereinafter provided, the use or 18 uses of all buildings, improvements and premises existing in any of said zones or districts thereof respectively, at the time of 19 the adoption of this ordinance, may be continued. That except as hereinafter provided, no building, structure or improvement 2O now existing, shall be altered, enlarged, or used, nor shall any building, structure or improvement be erected, constructed, es - 21 tablished, or used in any of said zones or districts, which is designated, designed, arranged, or intended for occupancy, or 22 used in any manner contrary to or against the restrictions con- tained in this Ordinance for such district or zone. 23 24 26 26 27 29 29 30 31 32 LAW OFFICE P. J. TSCHARNER ROOMS I ANDY FIRST NATIONAL BANK I IILDIND A111A. CAL IFORNIA SECTION 3: That the City Planning Commission may, upon the verified petition of any property owner, filed with said Commi- ssion, stating fully the grounds of the application and all facts relied upon by petitioner, recommend to the City Council, except- ions to any of said restrictions established by this Ordinance in any of said zones or districts and the said City Council, may, by ordinance, permit the erection, alteration, reconstruction, enlargement or use of any building, structure, or improvement in any of said zones which is restricted against said building, structure or improvement, upon such terms and conditions as said City Council may deem proper under the special circumst#nces so shown to exist, whenever said City Council shall be satisfied from a consideration and investigation of the facts stated in said petition, that such exception or permit is necessary for the preservation and enjoyment of any substantial property right or rights of the petitioner, and not materially detrimental to the public welfare, or injurious to the property and improvements in said zone or district thereof. Upon the filing of such petition, the City Planning Commission shall render a,report to said City -1- 1 Council thereon, within thirty (30) days thereafter, and mail a post card notice of the fact of the rendition of such report to 2 said petitioner, and if said report and recommendation be agains the petitioner, he may appeal to the City Council by written 3 notice of appeal filed with the City Clerk. If the City Council deem it necessary or expedient so to do, it may set the matter 4 for hearing upon such notice to interested parties as it may dee: proper, and the decision of the City Council upon said appeal 6 shall be final and conclusive as to all matters and things in- volved in said petition. 6 SECTION 4: "ZONE R-4". 7 That hereafter no building, structure, or improvement or premise 8 shall be used, and no building or improvement shall be erected, constructed, established, altered or enlarged in Zone R-4 which 9 is designated, designed, arranged or intended to be occupied or used for any purpose other than dwellings, tenements, hotels, 10 lodging or boarding houses, churches, private clubs, public or semi-public institutions of an educationa4 philanthropic or 11 eleemosynary nature, or railroad passenger station and the usual accessories located on the same lot or parcel of land with any 12 of said buildings, including the office of a physician, dentist, or other person authorized by law to practice medicine, and in - 13 cluding private garages containing necessary and convenient spat for automobiles. 14 SECTION 5: "ZONE C-3". 15 That hereafter .no building, structure or improvement or premise 18 shall be used, and no building or structure shall be erectdd, constructed, established, altered or enlarged in "Zone C-3", 17 which is designated, designed, arranged or intended to be occupi or used for any purpose other than the following: any uses per - 18 mitted in Zone R-4, stores or shops for the conducting of whole- sale or retail business, a place of amusement, an office or offi 19 ces, studios, conservatories, dancing academies, carpenter shop, cleaning and dyeing works, painting (except spraying), paper 20 hanging and decorating store, dressmaker, millinery store, photo graph gallery, plumbing shop, roofing or plastering establish - 21 ment, tailor, tinsmith, hospitals and sanatoriums, upholsterer, commercial garages, or other similar enterprises or businesses, 22 or other enterprises or businesses which in the opinion of the Planning Commission of the City of Azusa are not more obnoxious 23 or detrimental to the welfare of the.particular community then the enterprises or businesses herein in this sub -section enumera 24 ted; provided, however, that no junk yard or auto wrecking yard or establishment shall be established or maintained in Zone C-3. 25 26 I SECTION 6: ;,,n - That hereafter no building, structure, or improvement or premise 27 shall be used, and no building or structure shall be erected, constructed, established, altered or enlarged in Zone M-2 which 28 is designated, designed, arranged or intended to be occupied or used for any purposes other than the following: Any uses per - 29 mitted in Zones R-4 and C-3, except as limited by the provisions of sub -section (b) hereof, general manufacturing and industrial 30 purposes. 31 (b) The following establishments and uses are hereby prohibited in Zone M-2: Ammonia, chlorine, or bleaching powder manufacture. 32 asphalt manufacture or refining, brick and tile, terra cotta-;, manufacture or storage, boiler works, creosote treatment or mann. LAW OFFICE P. J. TSCHARNER ROOMSIANO2 FIRST NATIONAL BANK BUILDING AZUSA. CALIFORNIA -- 2 -- �R'11- 1- • 1 in any of said zones and every application Z the purpose for which ment is intended. 3 SECTION 11: contrary to the provisions of this for a building permit shall state the proposed building, structure DrQlnBila ; therein or improv - 4 No building or structure shall be moved from one lot or premises 6 to another unless such building or structure shall thereupon be made to conform to all the provisions of this ordinance relative e to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been 7 moved. 8 II SECTION 12• 9 No building or structure existing at the time of the effective date of this ordinance which is designed, arranged, intended 10 for or devoted to a use not permitted .in the. zone in which such building or structure is located, shall be enlarged, extended, 11 reconstructed, built upon or structurally altered unless the use of such building or structure is changed to a use permitted 121 in the zone in which such building or structure is. located. 13 SECTION 13: 14 Nothing in this Ordinance contained shall be -deemed or construed to prevent the completion of any building or structure which is 16 under construction at the effective date of this Drdinance in th, event that such construction or the proposed use of such buildiA le. or structure is not at said date 3n violation of any other ordin ance or law, and in the further event that such building or stru, 17 ture is completed within one year from such date, nor to prohibi the restoration of any building or structure the minor portion 18 of which shall have been destroyed by fire, explosion, act of Go or act of public enemy; provided, that if the major portion of 19 any such building or structure shall have been destroyed, upon restoration thereof the use thereof shall be made to conform to 20 a use permitted in the zone in which such building or structure is located. zl SECTION 14• zz Nothing contained in this ordinance shall be deemed or construe 23 to prohibit a continuation of the particular existing use or use of any building, structure, improvement or premises existing in 24 the respective zones at the time this ordinance becomes effectiv in the event that such -existing use is not in violation of any 25 other ordinance or law; provided, that if such use is chapged to a different use such different use shall be made to d.onform to t', 28 provisions of this ordinance regulating the particular zone in which the premises are located. 27 SECTION 15• 28 It shall be unlawful for any person, firm or corporation, to ere 29 construct, establish, alter or enlarge, or to cause or permit to be erected, constructed, established, altered or enlarged, or to 30 use or to occupy or to cause or permit to be used or occupied, any building, structure, improvement or premises located in any 31 zone described in this ordinance contrary to the provisions of this ordinance. 32 LAW OFFICE II P. J. TSCHARNER FIRST ATIONAL AND 2 BANKN B BAK BUILDING AZUSA, CALIFORNIA 4 �� c� o 1 facture, crematory, distillation of coal, wood or bones, fat rendering, fertilizer manufacture, gas (illuminating ) or (heat - 2 ing) manufacture; glue manufacture, gun powder, fireworks or ex- plosives manufacture and storage, incineration or reduction of 3garbage, offal, dead animals, or refuse, iron foundry, lamp blacl manufacture, lime, cement, and plaster of paris manufacture, pail 4 manufacture, petroleum, refining and storage, pickle, sauerkraut sausage or viregar manufacture, railroad yard or roundhouse, raw - 6 hides and skins, curing and tanning; rolling mill, scrap iron, junk or rag storage, or baling; slaughter of animals or fowls, 6 smelting of iron; soap manufacture; stock yards, stone mill and quarry; sulphurous, nitric or hydrochloric acid manufacture; 7 tallow,grease and lard manufacture and refining, .tar roofing, or tar water -proofing manufacture; rock crushers; tobacco (chewing) 8 marrafacture; any enterprise, business or industry which is dmila to those hereinabove in this sub -section enumerated, and any oth 9 enterprise, business or industry which in the opinion of the Pla ning Commission of the City of Azusa is equally or more obnoxiou 10 or detrimental to the welfare of the particular community than the business, enterprises, or industries herein in this sub -sec - 11 1 tion enumerated. 12 I That any building or structure designated or designed to be used for any othet trade or business or for purposes of storage, in - 13 dustry, commerce, or residence of any kind may be erected in said Zone M-2, if not prohibited by law or ordinance now in fore 14 or which may hereafter be enacted. 16 1 SECTION 7: "ZONE M-3" 16 That.hereafter any building, strucutre, or improvement or premia may be used, and any building or structure may be erected or con 17 structed, established, altered or enlarged in Zone M-3 without restriction as to its design, arrangement or intended use or 18 purpose, provided such building, structure or improvement, or the usd or purpose thereof, is not prohibited by law or ordinanc 19 now in force or which may be hereafter enacted. 20 SECTION 8• 21 That oil derricks may be erected and drilling for oil and oil pumping from wells, may be done in any zone upon the issuance 22 of a permit therefor by the City Council upon such conditions, as may be necessary in the discretion of said Council to con - 23 serve the public safety and general welfare; provided, however, that no such derrick shall be erected, nor may such drilling or 24 pumping be done without such permit. 28 SECTION 9: GENERAL PROVISIONS. 26 27 28 29 30 31 32 LAW OFFICE P. J. TSCHARNER ROOM$I AND FIRST NATIONAL BANK BUILDING AZUBA, CALIFORNIA That except as hereinafter specifically provided it is not in- tended by this Ordinance to modify or abrogate or repeal any ordinances, rules, regulations or permits previously adopted or issued, pursuant to law, relating to the usage, management,' or conduct of buildings, structures, improvements, or premises; provided, however, that where this ordinance imposes a greater restriction upon the alteration or eF3largement of buildings than Is imposed by such ordinances, rules, regulations or permits, the provisions of this ordinance shall govern. SECTION 10• That the Building Inspector of the City of Azusa, California, shall not issue any permit for the erection, construction, es- tablishment, alteration or enlargement of any building, struc- ture or improvement in any building, structure or improvement -_ 3 1 SECTION 16• 2 It shall be unlawful to use or permit the use of any buildings o premises or part thereof, hereafter created, erected, changed or 3 converted wholly or partly in its use or structure, until a certificate of occupancy, to the effect that the building or 4 premises or the part thereof so created, erected,,changed or converted, and the Imposed use thereof, conform to the provision 6 of this ordinance shall have been Issued by the Building Inspect r. No change or extension of use and no alterations shall be made i g a non -conforming use or premises without a certificate of occupa cy having first been issued by the Building Inspector that such cha e, 7 extension or alteration is in conformity with the provisions of this ordinance. 8 SECTION 17: 9 Certificates of Occupancy shall be applied for at the same time 10 that the building permit is applied for and shall be issued with- in ten (10) days after the erection or alteration of the buildin 11 shall have been completed. A record of all Certificates shall b kept on file in the office of the Building Inspector and copies 12 shall be furnished upon request to any persons having a proptie- tary or tenancy interest in the building affected. 13 SECTION 18: 14 That any persons, firm or corporation violating any of the fro - 15 -visions of this ordinance shall be deemed guilty of a misdemean- or, and upon conviction thereof shall be punishable by a fine cf 16 not more than Three Hundred ($300.00) Dollars, or by imprisonmen in the City Jail of the City of Azusa, California, 6r in the 17 County Jail of Los Angeles County, California, as the Committing Magistrate may direct, for a period of not more than six months, 18 or by both such fine and imprisonment in the discretion of the Court. Each such person, firm or corporation shall be deemed 19 guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is com- 20 mitted, continued, or permitted by sue#- person, firm or corpora- tion, and shall be punishable therefor as provided by this ordin 21 ance. 22 SECTION 19: 23 That in interpretating and applying the provisions of this Ordin ance, they shall be held to be the minimum requirements adopted 24 for the promotion of the public health, safety, comfort, peace, conveAience, and general welfare. It is not intended by this 26 Ordinance to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance or any 28 rules, regulations or permits previously adopted or issued or wh ch shall be adopted or issued pursuant to the law relating to the u e 27 of buildings or premises or relating to the erection, construction, establishment, alteration or enlargement of any buildings or im- provements; nor is it intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement 29 between parties; provided, however, that where this ordinance im poses a greater restriction upon the erection, construction, es - 30 tablishment, alteration or enlargement of buildings, structure or improvements in said several zones or any of them, than is 31 imposed or required by such existing provisions of law or, ordin- ance or by such rules, regulations or permits or by such a asemen s, 32 covenants or agreements, the provisions of this ordinance shall control. LAW OFFICE P.J.TSCHA NER ROOMS IANOP FIRST NATIONAL BANK BUILOINO - - -- AZUSA, CALIFORNIA - 1 SECTION 20: 2 That no building, structure, or improvement shall be occupied or 3 used for any purpose other than the purpose permitted in the zone or district in which such building or structure or improvement is 4 situated, except as provided in Section Three (3) hereof. 5 SECTION 21• 6 That if any section, sub -section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or uncon- stitutional by the decision of any court of competent jurisdic- tion, such decision shall not effect the validity of the remain- ing portions of this ordinance. The City Council of the City of Azusa hereby declares that it would have passed this ordinance 9 and each section, subs section, entence, clause and phrase thereof irrespective of the fact that any one or more other sections, sub - 10 sections, sentences, clauses or phrases be declared invalid or un- constitutional. 11 SECTION 22• 12 13 That the City Clerk shall certify to the passage and adoption of this ordinance by a unanimous vote of all the members of the City 14 Council of the City of Azusa, California, and shall cause the same to be published once in the Azusa Herald, a weekly newspaper„ prix 15 ed, published and circulated within the said City of Azusa, and which is hereby designated for that purpose, and thereupon and 16 thereafter the same shall take effect and be in full force. 17 18 I hereby dertify that the foregoing ordinance was 19 duly passed by the City Council of the City of Azusa at a regular meeting held O ti3 ~'r , 19300 by the following vote 20 of the City Counc 21 AYES: Councilmen^ NAPES: Councilmen h 22 ABSENT: Councilmen 23 24 3t3 U.Lerx 25 of the City of Azusa. 26 APPROVED THIS 8 DAY OF /9 3 / s 27 G�C.,��// 28 _Mayor of the City Of Azusa. 29 30 31 32 — 6 .