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HomeMy WebLinkAboutOrdinance No. 342.-...,} ..�... - ORDINANCE N0. 342 Ali ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES; TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO REGULATE AND DETERPdINE THE AREA OF YARDS, AND OTHER OPEN SPACES; AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS, TO PRE- SCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS TO PROVIDE FOR ITS ENFORCEMENT, AND TO REPEAL PRESENT ORDINANCES NOS. 294, 2969 321 and 325, AND ALL OTHER ORDINANCES OR PARTS OF ORD1171*iCES IN CONFLICT HEREWITH. follows: The City Council of the City of Azusa does ordain as SECTION 1. ESTABLISHMENT OF D19TRIC^1S 7 In order to regulate and restrict the location of trades and industries and the location of.buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and determine the area of yards and other open spaces, the City of Azusa is hereby divided into the following classes of zone districts: Zone R-1 - Single Family Residence Districts Zone R-2 - Two -Family Residence Districts Zone R-3 - Multiple Family Residence Districts Zone R-4 - Apartment House Districts Zone C-2 - Neighborhood Business Districts Zone C-3 - Commercial Districts Zone 11-1 - Light Manufacturing Districts Zone M-2 - General 14anufacturing Districts SECTION 2. BOUNDARIES OF DISTRICTS: The boundaries of said zone districts shall be as shown upon the map attached to and herein adopted by reference and made a part of this ordinance, which map shall be designated "Zoning Map,11 -1- j and constitutes the zoning map of the City of Azusa, Los Angeles County, California. Said map and all notations, references and other things shown thereon shall be as much a part of this ordinance as if the matters and things shown by said map were fully set forth and described herein. SECTION 3. LOT DIVISION; When a zone district boundary line divides a lot held in a single and separate ownership at the time of the adoption of this ordinance, the regulations as to the use in the less restricted district may extend over the portion of the lot In the more restricted district a distance of not more than fifty (50) feet beyond the district boundary line, provided it is not otherwise dimensioned on said zoning map. SECTION 4. INTERPRETATION, PURPOSE AIM CONFLICT; In interpreting and applying the provisions of this ordinance, such provisions shall in every instance be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, morals or general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law by the Building Department or License Department, relating to the use of buildings or premises, nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that Where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, laws, rules, regulations or per- mits, or by easements, covenants or agreements, the provisions of this Ordinance shall govern. -2- SECTION 5. DEFINITIONS: Accessory buildinE : A subordinate building, or portion of main building, the use of which is incidental to that of the main building. Building, height of : The height of a building shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and the lowest points of the roof; provided that chimneys, spires, towers, elevator. pent -houses, tanks and similar projections shall not be included in the height. Non-conformin use: A building or premises occupied by a use that does not conform with the regulations of the use district in which it is situated. Private garaEe : A building used for the storage of one or more vehicles including one or more automobiles owned or used by the owner or tenants of the lot on which it is erected for a purpose accessory to the use of the lot. Public garage : A building, other than a private garage, used for the storage or repair of vehicles including automobiles. Front yard : The required open space extending along the street line of any street on which the lot abuts. Side yard : The required open space extending along the side lot line throughout the whole depth of the lot. Rear yard : The required open space extending along the rear lot line (not a street line ) throughout the whole width of the lot. SECTION 6. ZONE R-1 -SINGLE FAMILY RESIDENCE DISTRICTS: No building, structure, improvement or premises shall be used, and no building, structure, or improvement shall be erected, -3- i constructed, established, altered or enlarged in Zone R-1, which is designed, arranged or intended to be occupied or used for any purpose other than the following; Use (a) A single family residence, together with the out -buildings necessary to such use located on the same lot or parcel of land including a private garage with a capacity not to exceed three(3) automobiles. (b) Libraries, museums, parks, playgrounds and community buildings owned and controlled by the municipality or school district. Rear Yards There shall be behind every building, other than a building of accessory use, a rear yard having a minimum depth of 25 feet or 200 of the depth of the lot, whichever is the lees. Side Yards There shall be on each side of each building a side yard having a minimum width of 4 feet, provided that on no lot held under a separate and distinct ownership from adjacent lots and of record at the time it is placed in an R-1 single family residence zone, shall the buildable width be reduced by this requirement to less than 24 feet. Front Yards There shall be in front of every building a front yard having a minimum depth of 25 feet, provided that no front yard need be deeper than the average of the depths of front yards on the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard more than 25 feet deep being considered as having a front yard 25 feet deep, and -4- V provided further, that on a lot held under separate and distinct ownership from adjacent lots and of record, and less than 100 feet deep, at the time it is placed in an R-1 single family residence district, no front yard need be deeper than 20% of the depth of the lot. Where a block is occupied or partially occupied by buildings or structures at the time this ordinance becomes effective, the front yard of each building or structure here- after erected or structurally altered upon such frontage shall be not less than the average depth of the front yards already established; provided that where the average front yard does not exceed 10 feet Ina block, this regulation shall not be so interpreted as to require a front yard of a depth of more than the nearest buildings or structure to the street upon which it fronts in the block; provided further that if such average is determined by less than 25% of such block., such average shall not be deemed to exceed a distance of 25 feet. Lot Area Per Family Every dwelling hereafter erected or structurally altered shall provide a lot area of not less than 5000 square feet perfamily; provided, however, that when a lot has less area than herein required and was of record at the time of the passage of this ordinance, said. lot may be occupied by not more than one (1) family. Height 35 feet. No building shall exceed a height of 22 stories or SECTION 7. ZONE R-2 -TWO FA1ILY RESIDENCE DISTRICT; No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged in Zone R-2, -5- C which is designed, arranged or intended to be occupied or used for any purpose other than the following; Use (a) Any use permitted in Zone R-1 (b) Two -Family Residence (Duplex) together with the out -buildings necessary to such use, located on the same lot or parcel of land. Rear Yards There shall be behind every building other than a building of accessory use, a rear yard having a minimum depth of 25 feet or 20% of the depth of the lot, whichever is the less; provided, however, that when two single family residences are built upon the premises, the rear yard must not be less than ten (10) feet; and provided further that such two family residences shall not be altered, erected, or enlarged in such a manner that such buildings, or any portion thereof, shall be located within 15 feet of any other portion of any other residence building located on the same lot or parcel of land. Side Yards There shall be on each side of each building a side yard having a minimum width of 4 feet, provided that on no lot held under a separate and distinct ownership from adjacent lots and of record at the time it is placed in an R-2 two-family residence district, shall the buildable width be reduced by this - requirement to less than 24 feet. Front Yards There shall be in front of every building a front yard having a minimum depth of 25 feet, provided that no front yard need be deeper than the average of the depths of front yards on the lots next thereto on either side, a vacant lot or a lot occupied -6- SECTION 8. ZONE R-3-14ULTIPLE FAMILY RESIDENCE DISTRICT: No building,,, structure, improvement or premises shall be used, and no building , structure, or improvement shall be erected, constructed, established, altered or enlarged in Zone R-3, which is designed, arranged or intended to be occupied or used for any purpose other than the following: Use (a) Any use permitted in Zones R-1 or R-2. (b) Any flat building, apartment house, or bungalow court, together with the outbuildings necessary to such use, located on the same lot or parcel of land. Rear Yards There shall be behind every building other than a building of accessory use, a rear yard having a minimum depth of 15 feet or 18% of the depth of the lot, whichever is the less. Side Yards There shall be on each side of each building a side Yard having a minimum width of 5 feet. Front Yards There shall be in front of every building a front yard having a minimum depth of 15 feet; provided that no front yard need be deeper than theaverage of the depths of front yards on the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard more than 15 feet deep being considered as having a front yard 15 feet deep; and provided further that on a lot held under separate and distinct ownership from adjacent lots and of record, and less than one hundred feet deep, at the time it is placed in an Rr3 Multiple Family Residence Ma District, no front yard need be deeper than 15% of the depth of the lot. Where a block is occupied or partially occupied by buildings or structures at the time this ordinance becomes effective, the front yard of each building or structure hereafter erected or structurally altered upon such frontage shall be not less than the average depth of the front yards already established; provided that where the average front yard does not exceed 10 feet in a block, this regulation shall not be so interpreted as to require a front yard of a depth of more than the nearest building or structure to the street, upon which it fronts, in the block; provided further that if such average is determined by less than 25 % of such block such average shall not be deemed to exceed a distance of 15 feet. Height No building shall exceed a height of 2z stories or 35 feet, exclusive of the basem section a "basement" is defined of the height of which is below of the adjacent sidewalk, or of there is no such sidewalk or in level than that of such sidewaL' ant. For the purpose of this to be a story, the mayor portion the level of the highest point the adjoining ground in case case such building is on a different L. Area of Lot per Family No building shall be erected or altered to accommodate or make provision for more than one family for each 1000 square feet of the area of the lot, provided that a single family dwelling may be erected on any lot of record at the time this ordinance is adopted. Distance betweenBuildin s Bun—T courRs Where units of a bungalow court on the same lot or parcel of land are separated other than by party walls, there -9- 0 shall be left on such lot or parcel of land an open and un- obstructed space of not less than 10 feet between the fronts of such units and an open and unobstructed space of not less than 6 feet between such units other than the fronts thereof. SECTION 9. ZONE R-4 APARTEFENT HOUSE DISTRICTS: No building, structure, improvement or premises shall be used,and no building, structure, or improvement shall be erected, constructed, established, altered or enlarged in Zone R-4 which is designed, arranged or intended to be occupied or used for any purpose other than the following: Use (a) Any use permitted in Zones R-1, R-2 or R-3. (b) Hotels, churches, institutions of educational, philanthropic or eleemosynary nature, lodge halls, telephone exchanges, post offices and private clubs except clubs the chief activity of which is a service customarily carried on as a business. Rear Yards There shall be behind every building other than an accessory building a rear yard having a minimum depth of 10 feet or 18,% of the depth of the lot, whichever is the less. Side Yards There shall be on each side of each building a side yard having a minimum width of 5 feet. Front Yards There shall be in front of every building a front yard having a minimum depth of 10 feet; provided that no front Yard need be deeper than the average of the depths of front yards -10- on the lots next thereto on either side, a vacant lot or a lot occupied by a building with a front yard more than ten feet deep considered as having a front yard of 10 feet, and provided further that on a lot held under separate and distinct ownership from adjacent lots and of record, and less than 100 feet deep, at the time it is placed in an R-4 Apartment House District, no front yard need be deeper than 10 n of the depth of the lot. Where a block is occupied or partially occupied by buildings or structures at the time this ordinance becomes effective, the front yard of each building or structure hereafter erected or structurally altered upon such front- age shall be not less than the average depth of the front yards already established; provided that where the average front yarddoes not exceed 10 feet in a block, this regulation shall not be so interpreted as to require a front yard of a depth of more than the nearest building or structure to the street upon which it fronts in the block; provided further that if such average is determined by less than 25% of such block, such average shall not be deemed to exceed a distance of 10 feet. height. No building shall exceed 50 feet or 4 stories in Lot Area per Family No building shall be erected or altered to accommodate or to make provision for more than one family for each 600 square feet of the area of the lot. SECTION 10: AUXILIARY USES IN RESIDENCE AND APARTMENT HOUSE DISTRICTS: Auxiliary uses which do not alter the character of the premises in respect to their use for residential purposes shall be permitted in Residence and Apartment House Districts. Such -11- i auxiliary uses shall include the following, but the enumera- tion of such uses shall not be deemed to prevent proper auxiliary uses that are not so referred to; Signs appurtenant to auxiliary uses permitted herein in this section, providing they do not exceed 3 square feet and are attached directly to the building. Signs advertising the premises for sale or for rent which are located not nearer to adjoining premises than 10 feet or nearer to a street line than 5 feet. The offices of a surgeon, physician or dentist, located in the dwelling or epartment used as the private residence of such surgeon, physician or dentist. A customary home occupation carried on in a dwelling, studio or apartment, and carried on only by the members of the household of the person who occupies such dwelling, studio or apartment, as his or her private residence, provided no window or other display or sign is used to advertise such occupation. The renting of one or more rooms or the providing of table board in a dwelling orapartment occupied as a private resi- dence. A public dining room or restaurant located in a hotel, provided that the public entrance to such dining room or restaurant is from the lobby of the hotel. A news or refreshment stand or restaurant in connection with a passenger station. Recreation and service buildings in a public park or public playground. Auxiliary uses, as the term is used in this section, shall not include, however, any of the following, nor shall any of the same be permitted, viz; -12- by a building with a front yard more than 25 feet deep being considered as having a front yard 25 feet deep; and provided further, that on a lot held under separate and distinct ownership from adjacent lots and of record, and less than one hundred (100) feet deep, at the time it is placed in an R-2 two family residence district, no front yard need be deeper than 20% of the depth of the lot. , . Where a block is occupied or partially occupied by buildings or structures at the time this ordinance becomes effective, the front yard of each building or structure here- after erected or structurally altered upon such frontage shall be not less than the average depth of the front yards already established; provided that where the average front yard does not exceed 10 feet in a block, this regulation shall not be so Interpreted as to require a front yard of a depth of more than the nearest building or structure to the street upon which it fronts in the block; provided further that if such average is determined by less than 250 of such block, such average shall not be deemed to exceed a distance of 25 feet. 35 feet. Height No building shall exceed a height of 2z stories or Lot Area per Family Every dwelling or two-family residence hereafter erected or structurally altered shall provide a lot area of not less than 2500 square feet per family; provided, however, that where a lot has less area than herein required and was of record at the time of the passage of this ordinance, said lot may be occupied by not more than one family. -7- A garage or stable in connection with a non -conforming use. A driveway or walk used for access to a commercial or industrial use. A billboard, signboard or advertising sign, except as hereinbefore set forth in this section and in strict conformity therewith. Store, trade, business, beauty parlor, barber shop, or any use where goods are sold or displayed upon the premises. SECTION 11. ZONE C-2 -NEIGHBORHOOD BUSINESS DISTRICTS No building, structure, improvement or premises shall be used, and no building, structure, or improvement shall be erected, constructed, established, altered, or enlarged in Zone C-2 which is designed, arranged or intended to be occupied or used for any purpose other than the following; (a) Any use permitted in Zones R-1, R-22 R-32 R-4. (b) Stores or shops for the conduct of retail business only, banks, barber shops, beauty parlors, theatres, dry cleaning and pressing agencies, shoe repair shops, stationery stores, hardware stores, photographers' shops, and millinery stores. (c) Automobile parking lots, provided that a suitable hedge of sufficient height and density be maintained upon the portion of the lot used for such purposes, which lot adjoins any R-1, R-2, R-3, or R-4 or adjoins any lot in such zone, in such a manner as to hide from view such activities from the adjoining residential zone, such hedge not to exceed 6 feet in height. (d) Other enterprises or businesses which in the opinion of the Planning Commission and the City Council are not -13- more obnoxious, hazardous or detrimental to the welfare of the particular district than the enterprises or businesses herein in this section permitted. (e) Rear yards and side yards used for dwelling purposes shall conform to the regulations prescribed in the section of this ordinance regulating R-4 Zone(Apartment House Districts). HeiEht No building, structure or improvement shall be erected to a height in excess of 36 feet or 3 stories. SECTION 12. C-3 - COLMERCIAL DISTRICT: No building, structure, improvement or premises shall be used, and no building, structure or improvement shall be erected, constructed, established, altered or enlarged in Zone C-3 which is designed, arranged or intended to be occupied or used for any purpose other than the following: or C-2. (a) Any use permitted in Zones R -1,R-2, R-31 R-4 (b) Stores or shops for the conduct of retail or wholesale business. (c) Storage warehouse; automobile repair shop; fruit packing house; automobile parts or tire repair or vul- canizing shop; blacksmith shop; public garage; service station; restaurant; laundry agency; billiard room or bowling alley; automobile stage station; cabinet making or carpenter shop; furniture or upholstery shop; plumbing, gas, electric, steam or hot water fitting shop. (d) Open storage of materials providing a stucco wall at least 6 feet in height be erected on all sides of the premises used for such storage. However, an opening of not to exceed 15 feet -14- may be left for entrance and exit upon the street side of such premises so used for storage. (e) Automobile parking lots; provided that a suitable hedge of sufficient height and density be maintained upon that portion ofthe lot used for such purposes, which lot adjoins any R-1, R-20 R-3, or R-4 Zone or adjoins any lot in such zone, in such a manner as to hide from view such activities from the adjoining residential zone, such hedge not to exceed 6 feet in height. (f) Other similar enterprises or businesses or other enterprises or businesses which in the opinion of the Planning Commission and City Council are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein in this section permitted, provided, however, that no auto wrecking yard or other dis- mantling establishment shall be established or operated in Zone C-3. (g) Light manufacturing incidental to the retail sale of goods from the premises only; provided, that no more than 25% of the ground floor area of any building may be used for such purpose and(with the exception of motors used as genera- tors for purposes other than for manufacturing and not to exceed 7 horsepower in any one motor) that no motor exceeding one horsepower be installed and that the total horsepower in any one building shall not exceed five horsepower; and provided further, that such portion of any building or premises used for such in- cidental manufacturing shall not be nearer than 50 feet to any R-1, R-20 R-3, or R-4 zone; and provided further that no business, enterprise, or use shall be permitted in said Zone C-3 which produces, causes or emits any dust, gas, smoke, noise, fumes, odors, or vibrations which are or may be detrimental to other property in -15- the neighborhood or to the welfare of the occupants thereof. Height No building, structure, or improvement shall be erected to a height in excess of 80 feet, or 6 stories. SECTION 13. ZONE M-1 LIGHT A' iPMFACTURING DISTRICT: No building, structure, improvement or premises shall be used, and no building structure or improvement shall be erected, constructed, altered or enlarged in Zone I6-1 which Is designed, arranged or intended to be used for any purpose other than the following: (a) Any use permitted in Zones R-1, R-2, R-31 R-41 C-2 and C-3. (b) Auto trailer camps. (c) General manufacturing and -industrial establishments; provided that no building, structure, improvement or premises shall be used and no building,structure, or improvement shall be erected, constructed, altered or enlarged which is designed, arranged or intended to be used for any purpose which produces, causes, or emits any dust, gas, smoke, noise, fumes, odors or vibrations which are or may be detrimental to other property in the neighborhood or to the welfare of the occupants thereof, and provided further, that no auto wrecking yard or other dis- mantling establishment shall be established or opera ted in Zone M-1. Height No building shall exceed 55 feet or 4 stories in height. SECTION 14. ZONE !+-2 - GENERAL MANUFACTURING DISTRICT: No building, structure, improvement or premises shall be used, and no building, structure, or improvement shall be -16- erected, construced, altered or enlarged in Zone 1d-2 which is designed, arranged or intended to be used for any purpose other than the following; (a) Any use permitted in Zones R-1, R-2, R-3, R-4, C-23 C-3 and M-1. (b) All types of manufacturing or industrial establishments provided they are not prohibited by law or ordinance,except the following establishments, however,which are hereby expressly prohibited; The manufacture of glue, size or gelatine; processes in- volving recovery from fish or animal offal; acid manufacture, including sulphurous, sulphuric, nitric, hydrochloric, and carbolic acid; acetylene gas manufacture on a commercial scale; celluloid and cellulose products manufacture; the manufacture of pyroxylin plastic material or of products therefrom; chlorine or bleaching powder manufacture; crematory, except in connection with a cemetery; cresote manufacture; explosives, fireworks, or match manufacture or assembly; fertilizer manufacture or potash refining; rock crushers; petroleum refining; oil storage in quantities exceeding 1000 barrels on one lot, or in any tank above ground exceeding 500 barrels capacity and which tank is within 50 feet of any lot boundary line; refuse disposal, including the incineration, reduction or dumping of offal, ashes, garbage, or refuse (except refuse wood products burned in a suitable furnace), unless under the control and direction of the municipality; sewage disposal plant conducted on a commercial basis and not controlled and directed by the municipality; all other uses which in the opinion of the Planning Commission and the City Council are equally obnoxious or dangerous to the community or to persons employed or living in proximity to such uses, although such other uses be not enumerated herein. -17- Nothing however in this sub -section (b) shall be held to prohibit the operation of proper facilities for the purification of the waste of a factory, unless in the opinion of the Planning Commission and the City Council same are obnoxious or dangerous as aforesaid. SECTION 15. GENERAL PROVISIONS: (a) In any R-1, R-2, R-3, or R-4 zone there may be the usual accessory buildings including garage space not to exceed that necessary for occupants of such buildings, provided that in connection with each and every duplex, double dwelling, multiple dwelling, apartment house, bungalow court or other multiple family use of a lot, there shall be provided on such lot, garage space in a building for at least one automobile for each family unit or apartment contained on such lot. (b) Nothing shall be allowable on premises situated in an R-1, R-21 R-3, R-4, C-2, or 0-3 zone, that shall in any way be offensive or bbnoxious by reason of the emission of odors, gases, dust, smoke, vibration or noise, nor shall anything be constructed or maintained that would in any way constitute an eyesore or nuisance to adjacent property owners or residents, or tocommunity. (c) No building and no part of a building shall be erected within nor shall any part of same project into the front yard, except cornices, eaves, gutters or chimneys projecting not more than 18 inches; steps; one-story open porches; bay windows not extending through more than one story and no 6rojecting more than 5 feet; open balconies, and terraces. (d) No building and no part of a building shall be erected within nor shall any part of same project into the side yard, except cornices, eaves, gutters or chimneys projecting not more than 18 inches; steps, and terraces; provided that an accessory building may be built or constructed within one of the side yards if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the main building. -18. (e) No building and no part of a building shall be erected within nor shall any part of same project into the rear yard, except cornices, eaves, gutters or chimneys pro- jecting not more than 18 inches; bay windows not extending through more than one story and not projecting more than 5 feet; steps; one-story porches; balconies, and terraces; provided that an accessory building may be built or constructed within the rear yard if entirely separated from the main building and located at least 10 feet farther back from the front street line than the rearmost portion of the main building. (f) No accessory buildings necessary to uses permitted in the R -1,R -2,R-3 or R-4 zones shall be altered, enlarged or built nearer to the street line than a distance equal to 601 of the depth of the lot, or in the case of a corner lot not nearer than a distance equal to 401 of the width of the lot on that side commonly known as the side of the lot. Ido accessory building shall be erected nearer than 3 feet to any property line, except that an accessory building may be built with a 1 foot side yard if there is a 4 foot clearance between such accessory building and any accessory building on the adjoining lot. Where living quarters are placed over a private garage, said building shall not be erected nearer than 5 feet to any property line, Where such premises adjoin an alley, railroad right-of-way, public park, or other permanent open space, the provisions of this sub- section (f) pertainingto distance of a building or part thereof from adjacent property lines, shh11 not apply on such adjoining side. (g) On any corner lot in an R -1,R-2, R-3, or R-4 zone, no wall, fence or other structure shall be erected, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view. On any in- terior lot no such wall, fence, hedge, shrub shall exceed 4 feet in height. -19- (h) Along the side of a corner lot in R -1,R-2, R-3, R•-4, C-2 or C-3 zone, which is not known as the front line and which generally is the side having the greatest dimension along a street line and which side line is in the same block with a lot or lots whose street line is the front line, no building shall be erected whose street wall is nearer the street than the established front yard on such street, for that portion of the lot known as the rear 25%. (i) No yard area shall be so reduced that the dimensions of any of the open spaces shall be smaller than herein prescribed. (j) No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this ordinance relative to.buildings or structures hereafter erected upon the lot or premises to which such building or structure is moved. (k) No building or structure existing at the time of the effective date of this ordinance which is designed, arranged, intend- ed for or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, re- oonstructed, built upon m structurally altered unless the use of such building or structure is changed to a use permitted in the zone in which such building or structure is located. (1) Nothing in this ordinance contained shall be deemed or construed to prevent the completion of any building or structure which is under construction at the effective date of this ordinance, in the event that such construction or the proposed use of such building or structure is not at said date in violation of any other ordinance or law, and in the further event that such building or structure is completed within six months from such date; nor to pro- hibit the restoration of any building or structure the minor portion of which shall have been destroyed by fire, explosion, act of God, or act of public enemy, provided thatif the major portion of any -20- such building or structure shall have been so destroyed, upon restoration thereof the use thereof shall be made to conform to a use permitted in the zone in which such building or structure Is located. (m) Nothing contained in this ordinance shall be deemed or construed to prohibit the continuation of the par- ticular existing use or uses of any building, structure, improvement or premises existing in the respective zones at the time this ordinance shall have become effective, in the event that such existing use is not in violation of law, provided, that If such use is changed to a different use, such different use shall conform to the provisions of this ordinance regulating the particular zone in which the premises are located. (n) With exception of the instances described in sub -section (m) hereof, it shall be unlawful for any person, firm or corporation to erect, construct, establish, alter or enlarge or to cause or to permit to be erected, constructed, established, altered or enlarged, or to use or to cause or permit to be used or occupied, any building, structure, improvement or premises located in any zone described in this ordinance contrary to the provisions of this ordinance. (o) Should any section, sub -section, paragraph or provision of this ordinance be declared by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as.a whole or any other part thereof. (p) The provisions of this ordinance shall be enforced by the Building Inspector, or in the absence of such Building Inspector, by the person charged with the issuance of building permits,or by such other officer or employe of the city as is designated by resolution of the City Council. (q) On any lot or parcel of land exceeding 10 acres in area, within R-1 Zone, existing at the time of the passage of this ordinance, the following light agricultural uses may be carried on, provided any accessory building, outhouse, -21= corral, coop, hutch, pen, private shop, garage, stable, storage shed or structure used or to be used in connection therewith, be located not nearer than 100 feet, from any public park or school or from any street or highway upon which such property fronts or from any area in Zones R-2, R-3, or R-4, such light agricul- tural uses being as .follows: (1) Farms devoted to the hatching, raising, fatten- ing and marketing on a commercial scale of chickens, turkeys or other fowl or poultry, rabbits, fish or frogs, provided that no such fowl nor animals shall be maintained less than 20 feet from any window or door of any residence or dwelling or other building used for the habitation of human beings on any lot or adjacent parcel of land. (2) Avaries or apiaries on a commercial scale. (3) Truck gardening, orchards, nurseries or greenhouses. However, no uses permitted under this sub -section (q), with the exception of truck gardening, orchards, nurseries or greenhouses, shall be carried on nearer than 600 feet to any duly recorded subdivision in existence at the time of the passage of this ordinance, or any subdivision hereafter recorded. SECTION 16. EXCEPTIONS OR VARIANCES: (A) Any property owner desiring an exception to or variance from the restrictions established by this ordinance in any zone or district, shall file a verified petition therefor with the City Planning Commission, which verified petition shall state fully the grounds of application for exception or variance and all facts relied upon by the petitioner. Whereupon the City Planning Commission shall proceed without delay to hear the petition and shall thereupon render a report and recommendation _22- to the City Council and mail a postcard or other notice to the petitioner of the fact of the rendition of said report and recommendation. (B) If the report and recommendation of the City Planning Commission be against the petitioner, the petitioner may appeal to the City Council by written notice of appeal filed with the City Clerk within thirty days immediately following the date of mailing of the postcard or other notice mentioned in sub -section (A) hereof. (C) Platters of exceptions and variances shall be determined by the City Council, after receipt by it of the report and recommendation of the City planning Commission relative thereto. In hearing matters of exceptions and variances, the City Council may cause such notice to be given to interested parties whether by publication of notice or otherwise, as the City Council deems proper. Thereupon in the event it appears to the City Council at such hearing that an exception or variance and the permit therefor are necessary for the preservation and enjoyment of any substantial property rights of the petitioner therefor and are not materially detrimental to the public welfare or injurious to the property or improvements in the -zone or district in which the property in question ]les or injurious to the property or improvements in other zones or district, the City Council may by resolution permit the erection, reconstruction, alteration of enlargement of any building, structure or improvement in any zone which is restricted against said building, structure or Improvement, upon such terms and conditions as the City Council may deem proper under the special circumstances shown to exist. (D) The decision of the City Council as to matters of exceptions or variances and permits therefor shall be final and conclusive. -23- (E) In determining matters arising under this section, the City Council may act by vote of three or more members of council. (F) There is hereby fixed a filing fee of 910.00 to be paid by the person filing a petition for exception or variance, which fee shall be paid to the City Clerk and pass to the General Fund. Same is fixed in said amount to partially cover the incidental expenses connected with the hearing of said petition. SECTION 17. AMENDIviENTS AND RECLASSIFICATION IN USE DISTRICTS: (A) Any owner or owners of property in any use district, desiring a change made in the classification of such property, shall file an application with the City Clerk, stating the nature of the change desired, and shall file there- with a map showing the boundaries of the area proposed to be reclassified, together with the names and addresses of all owners of property therein and within a distance of 300 feet outside of the outer boundaries of such area. The City Clerk shall thereupon refer such application to the Secretary of the City Planning Commission, which commission shall thereupon fix a day for the prompt hearing of such application, preferably not less than 30 days thereafter. The Secretary of the City Planning Commission shall thereupon give notice of such hearing by mailing a post card notice to each property owner whose name andaddress appears in such application, such post card containing a notice which shall be in the following or substantially the following form, to -wit: "Date "You are hereby notified that on the day of —193--, at the hour of otclock M., in the Council Chambers of the City Hall of the City of Azusa, the City Planning Commission of the City of Azusa will hear the -0-4- application of to reclassify the within described real property from —district to district. At the above time and place you may be heard in this matter if you so desire. The property above referred to is described as follows, to -wit; 11 Secretary, City Planning Commission." (B) The failure of said Secretary to mail or the failure of any of addressees to receive such postal cards, or the failure of the applicant to submit a complete list of the names and addresses of such property owners shall, in no wise, affect the validity of such proceeding; provided such mailing and the filing of such lists shall have been done in good faith. (C) At the time set for such hearing, or at any time to which the same may be continued, the City Planning Commission shall proceed to hear any persons interested therein, and shall thereafter file its report andrecommendations in relation thereto with the City Clerk. The City Planning Commission may recommend the granting of the application or the denial thereof, or a re-classification of only a part of the district sought to be reclassified, but in no event may the City Planning Commission recommend the reclassification of territory other than set forth in such application. (D) In considering an application for the re- classification of property, the City Planning Commission shall cause to be made an investigation of the matters involved, and if in the opinion of said commission, after due investigation and consideration of the facts stated in any application for re- classification, and any competent facts involving the property in question and other property in the vicinity thereof, said commission believes that such reclassification is necessary for the preservation and enjoyment of any substantial property _25- rights of the petitioner or petitioners and is not materially detrimental to the public welfare or to the property of other persons located in the vicinity and will not violate or defeat the spirit of this ordinance, said Commission may report and recommend to the City Council that such applica- tion be granted. (E) The report and recommendations of the City Planning Commission shall be filed with the City Clerk, and the City Council shall thereupon proceed to hear the matter and to pass upon such application and the report and recommendations of the City Planning Commission thereon. The action of the City Council in relation thereto shall be final, and, in the event the reclassification is allowed, in whole or in part, the same shall thereupon be made a part of this ordinance by appropriate amendment which amendment shall require the affirmative votes of at least three members of Council. The provisions of this section shall not, however, in any manner affect or regulate the amending of the text of this ordinance in the event such amendment does not involve a reclassification of any property. (F) There is hereby fixed a filing fee of $25.00 to be paid by the person filing an application for reclassi- fication which fee shall be paid to the City Clerk and pass to the General Fund. Same is fixed in said amount to partially cover the incidental expenses connected with the investigation of the facts involved in any such application, and the hearing of same. SECTION 18. CERTIFICATES OF OCCUPANCY: No vacant land shall be occupied or used and no building hereafter erected, or altered., shall be occupied or used until a certificate of occupancy shell have been issued by the Building -26- Inspector and the Chief of the Fire Department. Certificate of Occupancy for a Building A Certificate of Occupancy for a new building, or the alteration of an existing building, shall be applied for co- incident with the application for a building permit, and shall be issued within 10 days after the erection or alteration of such building shall have been completed in conformity with the provisions of this ordinance. Certificate of Occupancy for Land A Certificate of Occupancy for the use of vacant land or change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a, certificate of occupancy shall be issued within 10 days after the application has been made, provided such use is in conformity with the provisions of this ordinance. Certificate of Occupancy for Non- conforming Use Certificates of Occupancy for non -forming uses existing at the time of the passage of this ordinance, shall be issued by the building department, and the certificate shall state that the use is a non -conforming use and does not con- form with the provisions of this ordinance. General Provisions A Certificate of Occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws and ordinances and with the provisions of this ordinance. A record of all certificates shall be kept on file in the office of the Building Department and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected. No fee shall be charged for an original certificate -27- applied for co -incident with the application for a building permit, but for all other certificates or for copies of any original certificate there shall be a charge of $1.00 each. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance. SECTION 19. Any person, firm or corporation violating any of the provisions of this ordinance shall, for each violation thereof, be deemed guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, shall be punishable by a fine of not more than $200.00 or by imprisonment in the Azusa City Jail or in the County Jail of the County of Los Angeles for a period of not exceeding sixty days, or bar both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this ordinance occurs or con- tinues shall be deemed to constitute a separate offense. SECTION 20. Ordinances Nos 294 and 296 and 321 and 325 heretofore passed and adopted by the City Council of the City of Azusa shall be, and the same are hereby, repealed, All other ordinances and parts of ordinances in conflict with this ordinance, and heretofore passed and adopted by the City of Azusa ar by the City Council or by any Board of Trustees thereof, shall be and the same are hereby repealed insofar only as said other ordinances or parts of ordinances conflict or are inconsistent with the provisions of this ordinance. Said repeal of said ordinances shall be effective as of the effective date of this ordinance. SECTION 21. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage, adoption and publication of the same, and shall cause same to be published once within 15 _28- days after its passage in the Azusa Herald and Pomotropic, a weekly newspaper of general circulation published and cir- culated in the City of Azusa, which said newspaper is hereby designated for that purpose, and thereupon and thereafter thirty days after its passage this Ordinance shall take effect and be in force. Passed, adopted and approved this 21st day of February 1939. I ATTEST: Flae A. Hy s, City Clerk of the City of Azusa. —29— Roy'C. Arnold, Mayor of the City of Azusa. STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES) I hereby certify that the foregoing ordinance was Introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa, County of Los Angeles, State of California, duly and regularly held on the 6th day of February 1939, in the regular Council x Chambers in said City of Azusa, Los Angeles County, California; x that said Ordinance was rAgularly passed and adopted by said City Council, signed by the 1,4a1yor and attested by the City Clerk of said City at an adjourned regular meeting of said City Council so held in the regular Council Chambers on the 21st day of February 1939, and that the same was passed and adopted by the following vote of tbecouncil: Ayes: Councilmen: Jumper, Malone, Owens, Strohmeier, Arnold Noes: Councilmen: None Absent: Councilmen: None I, City Clerk of the City of Azusa, Los Angeles County, State of California, do further certify that I caused said Ordinance to be published on the 2d day of L4arch,1939, in the Azusa herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in said City of Azusa, and that the same was published in accordance with law. Lz , % t,IAE A. HYNES ity Clerk of the City of zusa. -30-