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Home My WebLink AboutOrdinance NO. 409 •-. r - \. %- ../ 1 EC ..... / 1 Irl i 57,7 i ---- 00o----- ZONING.. ORDINANCE Pzik.2z, 1 4 8 t R,rFis oOo 4, • CITY OF AZUSA i 1 COUNTY OF LOS ANGELES I STATE OF CALIFORNIA y r-*�saL+ i €_, MAY 2 1949 L M. A. HYN ES 1 t. CITY Ci,tRK 4 f i t \ . f ' ! t A 4 i t-. I • • ORDINANCE NO.0111411111•1111.11.y_, ZONING ORDINANCE OF THE CITY OF AZUSA AN ORDINANCE ESTABLISHING A ZONING AND DISTRICTING PLAN WITHIN t' _ N THE CITY OF AZUSA, CREATING USE ZONES; REGULATING THE USE OF PROPERTY, HEIGHT AND AREA OF STRUCTURES AND OPEN SPACES FOR LIGHT, AIR AND VENTILATION; ADOPTING A MAP OF SAID ZONES; DEFINING TERMS USED; PROVIDING �� FOR THE g ADJUSTMENT, ENFORCEMENT, AND AMENDMENT THEREOF; lPRESCRIBING PENALTIES FOR VIOLATION; ["i' 0,1 Z). AND REPEALING fir' Qv ALL ORDINANCES IN CONFLICT THEREWITH P1:1 iN The City Council of the City of Azusa, in the County of Los Angeles, State of California, does ordain as follows : ARTICLE I GENERAL PURPOSES SECTION 1.1 In order to provide the economic and social advantages resulting from an orderly planned use of land resources and to con- serve and promote the public interest, health, comfort, and conven- ience of the City and its inhabitants, and to preserve the public peace, safety, morals , order, and general welfare of the City and said inhabitants , there is hereby adopted and established an Offi- cial Zoning and Districting Plan for the City of Azusa. This plan is adopted pursuant to the authority of the Conservation and Plan- ning Act, Statutes of 1947, Chapter 807, and all acts amendatory thereof and supplementary thereto. SECTION 1.2 It is hereby declared that in the creation by this ordinance of the respective zones , districts , and other regulations set forth herein, the City Council has given due and special con- sideration to the peculiar suitability of each and every such zone, district, and regulation herein established for the particular uses enumerated therefor, the conservation of property values and the most appropriate use of land throughout the City, and in the unin- - 1 -- 1 corpbrated area of the County of Los Angeles . SECTION 1.3 This ordinance shall be known and cited as the Azusa Zoning Ordinance. ' 1 ARTICLE II DEFINITIONS For the purpose of this Ordinance , certain words and terms used herein are herewith defined. Then not inconsistent with the context, words used in the present tense include the future tense ; words in the singular number include the plural number and words in the plural number include the singular number. The word "shall"a is always mandatory and not mere- ly erely directory. The word "may" is permissive. SECTION 2.1 ACCESSORY. BUILDING A subordinate building or a part of the main building on the same lot or building site, the use of which is incidental to that of the main building, and which is used exclusively by the oc- cupants of the main building. SECTION 2.2 ACCESSORY USE A use customarily incidental and accessory to the princi- pal use of a lot or a building located upon the same lot or building site. SECTION 2.3 ALLEY A public thoroughfare or way having a width of not more than twenty (20) feet which affords only a secondary means of access to abutting property. SECTION 2.4 APARTMENT HOUSE Any building, or portion thereof, occupied as the home or residence of two or more families living independently of each other and doing their cooking in the same building. SECTION 2.5 AUTOMOBILE STORAGE SPACE A permanently maintained space on the same lot or building site as the use it is designed to serve; having an area of not less one hundred sixty (3.60) than ittgickitjebutgilxigefit square feet, exclusive of driveways, and so located and arranged as to permit the storage of, and be readily ac- cessible to a passenger automobile of average size under its own power. from a street or alley. - 3 , SECTION 2.6 BASEMENT A story partly underground and having at least one -half its height, measured from its floor to its finished ceiling, below the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its finished ceiling is over five (5) feet. SECTION 2.7 BOARDING, ROOMING, or LODGING HOUSE A building or portion thereof, which is used to accommo- date, for compensation, not more than five (5) boarders and/or roomers in addition to the members of the occupant 's immediate fam- ily occupying such building. SECTION 2.8 BUILDING A structure having a roof supported by columns or walls . (See "structure") . SECTION 2.9 BUILDING HEIGHT The vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to the ceiling of the uppermost story. SECTION 2.10 BUILDING SITE The ground area of a building or buildings together with all open spaces adjacent thereto as required by this Ordinance . SECTION 2.11 BUNGALOW COURT Two or more dwelling units , detached or connected, located on the same parcel of land and under the same ownership. SECTION 2.12 CLUB A non-profit association of persons who are bona fide members, paying regular dues , and are organized for some common pur- pose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise . SECTION 2.13 CITY The incorporated City of Azusa. - 4 - • SECTION 2.14 CITY COUNCIL The City Council of the City of Azusa. SECTION 2.15 CLINIC A place use for the care, diagnosis and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept over night on the premises . SECTION 2. 16 COMMISSION The City Planning Commission of the City of Azusa. SECTION 2.17 COMPENSATION The word "compensation" means anything of value . SECTION 2.18 DWELLING, ONE FAMILY A building containing but one ( 1) kitchen and used to house not more than one family including domestic employees of such family. SECTION 2.19 DWELLING, MULTIPLE FAMILY A building or portion thereof used to house two (2) or more families , including domestic employees of each such family, living independently of each other, and doing their own cooking. SECTION 2.20 DWELLING UNIT A building or portion thereof used by one ( 1) family and containing but one ( 1) kitchen. SECTION 2.21 EDUCATIONAL INSTITUTION Schools , colleges , or universities, supported wholly, or in part, by public funds and other schools, colleges, and universi- ties giving general instruction, as determined by the California State Board of Education. SECTION 2.22 ERECTED The word "erected" includes built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operations on the land required for a building. - 5 - ti I SECTION E P ' EXPLOSIVES Any substance having an explosive power equal to or greater than that of ordinary black powder, but not including said substance in the form of fixed ammunition for small arms. SECTION 2.23 FAMILY One or more persons living as a Single housekeeping unit as distinguished from a group occupying a boarding, rooming, or lodging house, hotel, or club. A family shall be deemed to include domestic' servants . SECTION 2.21 GARAGE, PRIVATE An accessory building or a main building or portion there of, used for the shelter or storage of self-propelled vehicles , owned or operated by the occupants of a main building and wherein there is no service or storage for compensation. b SECTION 2.2w GARAGE, PUBLIC Any building, except one herein defined as a private or storage garage, used for the storage, care or repair of self-pro- pelled vehicles, or where any such vehicles are equipped for opera- tion, or kept for hire . • SECTION 2.2i GARAGE, STORAGE Any building or portion thereof, other than one defined herein as a public garage or private garage, used only for the stor- age of self-propelled vehicles . • SECTION 2.24 HOME OCCUPATION 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. SECTION 2.2; HOSPITAL A building or portion thereof, used for the care, diag- nosis and treatment of sick, injured, or infirm persons , and shall include sanitaria, sanatoria, convalescent, and rest homes , and boarding homes for children and aged persons . 6 - • D SECTION 2.29 IOTEL Any building or portion thereof, containing six (6) or more guest rooms used by six (6) or more guests , for compensation; including dormitories , turkish baths , bachelor hotels , and studio hotels, where no provision for cooking is made in any individual suite, and excepting jails and hospitals. SECTION 2.34 KITCHEN Any room in a building or dwelling unit which is used for cooking or preparation of food.. SECTION 2.3 LOT Any area or parcel of land under one ownership abutting time upon at least one street at the =tat of adoption of this Ordinance, or any area or parcel of land shown with a separate and distinct number on a subdivision tract map duly recorded. SECTION 2.3 LOT, CORNER A lot located at the junction of two (2) or ,more inter- secting streets having an angle of intersection of not more than one hundred thirty-five ( 135) degrees , with a boundary line thereof bordering on two (2) of the streets . SECTION 2.3f IAT, INTERIOR A lot other than a corner lot. 4- SECTION 2.3$ LOT, THROUGH An interior lot having frontage on two (2) parallel or approximately parallel streets . 6 SECTION 2.30; LOT LINES The boundary lines of lots are: Front lot line; The line dividing a lot from the street. On a corner lot only one ( 1) street line shall be con- sidered as a front lot line, and such front lot building inspector. line shall be determined by the waroastscrimuc 7 Rear lot line: The line opposite the front lot line. Side lot line: Any lot lines other than the front lot line or the rear lot line . I SECTION 2.3,E NONCONFORMING BUILDING A building which was legal when established, but which because of the adoption or amendment of this Ordinance confliots with the provisions of this Ordinance applicable to the district in which such building is situated. SECTION 2. 4 NONCONFORMING USE or premises The use of a buildinhich was legal when established, but which because of the adoption or amendment of this Ordinance conflicts with the provisions of this Ordinance applicable to the district in which such use is located,. SECTION 2.3 OCCUPANCY, CHANGE OF The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefor of a use of a dif- ferent kind or class . 414 SECTION 2.as OCCUPIED The word "occupied" includes used, arranged, converted to, rented or leased, or intended to be occupied. SECTION 2.40' PERSON The word "person" includes association, company, firm, corporation, partnership* co-partnership, or joint venture. se-cr-/oN Z.4? PLOT .c7L A N 1 L/_ 7 rrid� or s/f e4, dr4. -11 f suiTO!//� sco/C, /%;C/uo'ii/XJ M -ev-ow7 the -ope�r7` /o eofian o7" any ob�t5i:,q ,free-' ep-o;.4 < /eeof.bn owl eX fli-mor�:,�-nsio.s✓ SECTION 2.4I ROOF /h A%.6, 4 o a// hr.' 3 9t f r+i i-od��nriat 4ridOP' •'4,07ter The solid cover of a building, SECTION 2.4f STABLE, COMMERCIAL A stable for horses which are let, hired, used, or boarded on a commercial basis and for compensation. - 8 • SODOCINNEMODCWOMVXMCMCMC 441 7_ SECTION .441 STORY That portion of a building included between the surface of any floor and the finished ceiling next above it or the finished under surface of the roof directly over that particular floor, SECTION 2-6-4I STREET A public or an approved private thoroughfare or road ease- not less than twenty (20) feet in width, mentLwhich affords the principal means of access to abutting pro- perty, but net including an alley. 4 SECTION 2.** STRUCTURE 4-7 Anything constructed or erected and the use of which re- quires more or less permanent location on the ground or attachment to something having a permanent location on the ground, butnot in- throe eluding walls and fences less than 3eacar and one-half feet in height, when located in front yards, or less than six (6) feet in height when located in side or rear yards , nor other improvements of a minor character. 4- SECTION SECTION 2.4* STRUCTURAL ALTERATIONS 48 Any change in the supporting members of a building such as bearing walls , columns , beams , girders , floor joists, or roof joists, for which a building permit is required. SECTION 2.4 TRAILER A vehicle designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach. The term "trailer" shall also include self-propelled vehicles used for human habitation. 4 SECTION 2.4* TRAILER COURT OR CAMP S'o Any lot, open area, or parcel of land used for parking or one or more. storage ofLtrailers used for housekeeping or sleeping or living quarters . - 9 '� I SECTION 2.f USE The purpose for which land or a building is arranged, designed, or intended, or for which either is or may be occupied or maintained. SECTION 2.5X USED The word "used" includes occupied, arranged, designed for, or intended to be used. SECTION 2.5* YARD An open and unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, opetr and unobstructed from the ground to the sky. 40 SECTION 2.5* YARD, FRONT A yard extending across the full width of the lot between the side lot lines and measured between the front lot line and either the nearest line of the main building or the nearest line of any enclosed or covered porch. SECTION 2.51 YARD, REAR A yard extending across the full width of the lot between the side lot lines and measured between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch. Where a rear yard abuts a street it shall meet front yard requirements of the district. SECTION 2.1 YARD, SIDE A yard extending from the front yard to the rear yard be- tween the side lot line and the nearest line of the main building, or of any accessory building attached thereto. » 10 ARTICLE III ZONES AND DISTRICTS SECTION 3.1 For the purpose of this Ordinance, classes of use zones are hereby established as follows : rtcer) �13� USE ZONES: R-1 Single Family Residence District R'2 Two Family Residence District R.-3 Multiple Family Residence District R-4 Apartment House District C-1 Restricted Neighborhood Business District C-2 Neighborhood Business District C-3 Unlimited Commercial District C.»4 Restricted Commercial District P Parking District •9O Spartst t51 ritsrtarbat M-.1 Light Manufacturing District M-2 General Manufacturing District B Buffer District W Water Conservation District SECTION 3.2 The boundaries of such zones are shown upon the Zoning Map adopted by this Ordinance, or Amendments thereto, and are hereby adopted and approved, and the regulations of this Ordinance govern- ing the use of land and buildings , building site areas , the height open spaces and courts and bulk of buildings, the sizes of yardsLabout buildings , and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said Map.. SECTION 3.3 UNCERTAINTY AS TO DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of any District, shown on the Official Land Use Plan, the following rules shall apply: ( a) Where District boundaries are indicated as approxi- mately following street lines , alley lines , or lot lines, - 11 .- • such lines shall be construed to be such boundaries, (b) In unsubdivided property or whore the District boun- dary line divides a lot, the location of such boundary, unless the same is indicated by specific dimensions , shall bo determined by use of the scale appearing on the Zoning Map. ( e) In case any further uncertainty exists , the City Planning Commission shall interpret the intent of the Zoning Map as to the location of such District boundaries . (d) Where any public street or alley, or other public right of way is hereafter vacated or abandoned, the land formerly in such street, alley, or right of way shall be included within the District of adjoining property on either side; and in the event such street, alley, or right of way was a District boundary line between two or more Districts , the new District boundary line shall be the former center line of such street, alley, or right of way• - 12 ARTICLE IV GENERAL PROVISIONS SECTION 4.1 CONFLICTING REGULATIONS Wherever any provision of this Ordinance imposes more stringent requirements , regulations , restrictions , or limitations , than are imposed or required by the provisions of any other law, ordinance, restriction, or covenant, then the provisions of this Ordinance shall govern. SECTION 4.2 SCOPE No building or land or any portion thereof shall hereafter be erected or used except in conformity with the provisions of this Ordinance. • SECTION 4.3 LESSER RESTRICTIVE USES IN MORE RESTRICTIVE DISTRICTS The express enumeration and authorization in this Ordin- ance of a particular class of building or use in any District shall be deemed a prohibition of such building or use in all more restric- tive Districts , except as otherwise specified. SECTION 4.4 ADDITIONAL PERMITTED USES Uses other than those specifically mentioned in this Ord- inance as uses permitted in each of the Districts also may be al- lowed therein, provided such additional uses are similar to those mentioned and are, in the opinion of the Commission, as evidenced by resolution of record, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically men- tioned for any District. SECTION 4.5 ADDITIONAL EXCLUDED USES Uses other than those specifically mentioned in this Ord- inance as uses excluded from any District also may be excluded therefrom, provided such additional uses are, in the opinion of the Commission, as evidenced by resolution of record, equally or more - 13 - obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned for. any District. SECTION 4.6 NONCONFORMING BUILDINGS AND USES The following regulations shall apply to all nonconform-- ing buildings and uses existing on the effective date of this. Ord- inance : (a) Any nonconforming building may be continued and maintained provided there are no structural alterations except as provided in Sections 4.7 and 4.8 of this Ord- inance; rd- inance; (b) Any nonconforming use may be continued provided there is no increase of the space devoted to such use; (c) Any part of a building or land occupied by a non- conforming use which is changed to or replaced by a use conforming to the provisions of this Ordinance, as they apply to the particular District, shall not thereafter be used or occupied by a nonconforming use ; (d) Any part of a building or land occupied by a non- conforming use, which use is discontinued or for which no City business license is taken out for one ( 1) year or more, shall thereafter be used in conformity with the provisions of this Ordinance and the nonconforming. right shall be lost ; SECTION 4.7 BUILDINGS UNDER CONSTRUCTION Any building for which a building permit has been issued and the construction of the whole or a part of which has been started prior to the effective date of this Ordinance, may be com- pleted and used in accordance with the plans and application upon which said building permit was issued. SECTION 4.8 RECONSTRUCTION OF DAMAGED NONCONFORMING BtUILDINGS The provisions of this Ordinance shall not prevent the reconstruction, repairing, or rebuilding and continued use of any - 14 - nonconforming building damaged by fire, explosion, or acts of God or the enemy, subsequent to the effective date of this Ordinance, wherein the cost of such reconstruction, repairing, or rebuilding, does not exceed the total assessed valuation of such building as shown on the tax rolls of the City at the time such damage occurred. SECTION 4.9 NONCONFORMING USES RESULTING FROM AMENDMENTS The provisions of this Ordinance shall apply to uses which become nonconforming by reason of the adoption of this Ordinance or any amendment thereof, as of the effective date of such adoption or amendment, SECTION 4.10 LOCATION OF DWELLINGS Except in multiple dwelling developments or where other- wise provided in this Ordinance, every dwelling shall face or front upon a street or permanent moans of access to a street, and in no event shall any dwelling face or front upon an alley. SECTION 4.11 SALE OF A PORTION OF A LOT Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings thereon no longer conform to the lot area requirements of the particular District, then, in the determination of the per- missible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only. SECTION 4.12 ACCESSORY USES The express enumeration of permitted uses in all Districts shall be construed to include necessary accessory uses . SECTION 4.13 YARD ENCROACHMENTS Where yards are required by this Ordinance, they shall be open and unobstructed from the ground to the sky, except as follows : (a) Outside stairways or landing spaces, if unroofed and unenclosed, may extend into a required side yard for a distance of not to exceed three (3) feet and/or into - 15 - the required rear yard a distance of not to exceed five ( 5) feet; ( e rniaes, Bane ies, or other •i;4 3.it arehttemtera1 features not erovidinz addAtierrel fluor eiesee wit i ; the b .e " ; , mai extenei Into a reeired yard not tce exceed 4ZW 1) foot. lelfee e extend Into t!le re uired Nide yard ( ._ Afor a + ,i eten.B'e let te creeeed ;:y"°e... e f of the side ` rd ere.* viueci. oeraola or ns (1) ftv,vervi unen. closed passenger landing may extend into either side yard provided it does not reduce the side yard below five (5) feet and its depth does not exceed twenty (20) feet; ( c) Detached accessory buildings not exceeding one ( 1) story in height may occupy not more than two-thirds (2/3) of the total area of a rear yard, provided no such access- ory building shall be located nearer than five (5) feet from the rear line and shall not extend into the required side yard. In no event shall any detached accessory building occupy the front yard of any lot . (d) In computing the depth of a rear yard opening on an alley or public park, one -half ( 1/2) of the width of such alley or park may be deemed to be a portion of the rear yard. (e ) Detached garage buildings in R-1, R-2, R-3, and R-4 e thin five (5) feetf Districts may be built to/the street line on any lot where the slope of the front half of the lot is greater than one ( 1) foot rise or fall in a seven (7) foot run from the street elevation at the property line, or where the elevation of the front half of the lot is more than four (4 ) feet above or below the established street elevation. (f) In the case of a corner lot abutting upon two (2) streets , no accessory building shall be erected so as to encroach upon the front half of such lot. (g) Wherever a front yard is required by this Ordinance, such front yard may be modified so as to equal the aver- - 16 - • • V V - age depth of the front y ds on other lots within the same when forty (40%) percent or more of the lots in said block block on the same side of the stroetj but in no event are im- proved, shall such front yard be required to be greater than the minimum for the District in which such lot is located. (h) Where a lot is contiguous to the boundary line of two (2) Districts , anyside yard or rear yard which is directly adjacent to said boundary line in the less re- stricted District shall be increased in minimum width or depth to the average of the required minimum widths or depths of such yards in the two (2) different Districts . SECTION 4.14 THROUGH LOTS, REGULATIONS On through lots , either lot line separating such lot from a street may be designated as the front lot line . In such cases the minimum roar yard shall be not less than a required front yard in the District in which such lot is located. SECTION 4.15 LOTS RECORDED, ETC. Any lot shown upon an official subdivision map duly ap- proved and recorded, or any lot for which a bona fide deed has been duly recorded, or any lot for which a bona fide contract of sale was in full force and effect at the time this Ordinance became effective may be used as a building site. SECTION 4. 16 FUTURE ANNEXATIONS. Any area hereafter annexed to the City shall be automatically classified in the R-.1 Single Family Residence Use Zone. SECTION 4.17 PLACES OF PUBLIC ASSEMBLY. Every place of public assembly, except public school auditoria, but not excepting sports arenas, shall provide and permanently maintain within four hundred (400) feet of the main entrance thereof, space, of not less than one hundred sixty (160) square feet, for the standing o4 not less than one vehicle for each five (5) seats of the total seating capacity of such place of public assembly or sports arena, together with adequate ingress and egress thereto. Such parking area shall be developed as provided in Article XIII. - 17 - . ARTICLE V R-1 SINGLE FAMILY RESIDENCE DISTRICT SECTION 5.1 USES PERMITTED (a) A one-family dwelling of a permanent character, placed in a permanent location and used by but one family; (b) Agriculture and horticulture, flower and vegetable gardening, nurseries and greenhouses used only for purposes of propagation and culture and not including any sale at retail from the premises nor any signs or displays. (c) Accessory buildings , provided there is a main building on the premises : ( 1) Private recreational facilities ; (2) Private lath house, greenhouse, or service yard; (3) Private tool shed or workshop; (4) Servants ' quarters, provided that igNxisSmx= imaxix3cxxxlitxksorcbciumbigxcatxxxeccocalx3cassrxteum xox( Xxmvammixectgt no kitchen or kitchen facilities shall be included in any such accessory building; (d) The keeping of dothestic animals , not including swine; (e) Libraries , museums , parks , playgrounds , and community buildings owned and controlled by the municipality or school district; water wells and appurtenant facilities owned and operated by a public or quasi-public agency, if approved by resolution of record of both the Commission and City Coun- cil, and subject to such conditions as may be deemed pro- per by the City Council; (f) Signs appurtenant to auxiliary uses permitted herein, providing they do not exceed three (3) square feet and are attached directly to the building; (g) Signs advertising the premises for sale or for rent which are located not nearer to adjoining premises than - 18 - ten ( 10) feet or nearer to a street line than five (5) feet; (h) 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 ad- vertise such occupation; ( i) The renting of not more than four (4) rooms to not more than eight (8) roomers and/or the providing of table board to more than eight (8) boarders in a dwelling or apartment occupied as a private residence; ( j) Recreation and service buildings in a public park or public playground. SECTION 5.2 AUTOMOBILE STORAGE SPACE REQUIRED There shall be at least one automobile storage space for each single family residence. SECTION 5.3 BUILDING HEIGHT LIMIT No building shall exceed thirty five (35) feet or two and one-hl (2-) wtori _1 heiL iditfggilx*XA3Cotrftxibbizxtftioutscatx SECTION 5.4 BUILDING SITE AREA Every dwelling herafter erected or structurally altered shall have a lot area of not less than five thousand (5000) square feet per separate single family dwelling; 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 used as a building site. SECTION 5.5 FRONT YARD REQUIRED There shall be in front of every building a front yard having a minimum depth of twenty five (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 19 lot occupied by a building with a front yard more than twenty five (25) feet deep being considered as having a front yard twenty five (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) feetdeep, at the time it is placed in an R-1 Single Family Residence District, no front yard need be deeper than twenty (20) percent of the depth of the lot. Where a block is occupied or partially occupied by build- ings 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 ten ( 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 buildings or struc- ture to the street upon which it fronts in the block; provided further that if such average is determined by less than twenty five (25) percent of such block, such average shall not be deemed to exceed a distance of twenty five (25) feet. SECTION 5.6 SIDE YARD REQUIRED There shall be a side yard of at least ten ( 10) percent of the width of the lot on each side of the dwelling; provided that in no case shall the required side yard be less than three (3) feet nor more than five (5) feet. SECTION 5.7 REAR YARD REQUIRED There shall be behind every building, other than a build- ing of accessory use , a rear yard having a minimum depth of twenty five (25) feet or twenty (20) percent of the depth of the lot, whichever is the less . - 20 - ARTICLE VI R-2 TWO FAMILY RESIDENCE DISTRICT SECTION 641 USES PERMITTED (a) Any use permitted in Zone R-1 (b) Two-Family Residence (Duplex) or two single family residences together with the out-buildings necessary to such use, located on the same lot or parcel of land. SECTION 6.2 AUTOMOBILE STORAGE SPACE REQUIRED There shall be at least one automobile storage space for each dwelling unit. SECTION 6.3 BUILDING HEIGHT LIMIT No building shall exceed thirty five (35) feet or two and one-half 4$ ) stories in height. SECTION 6.4 BUILDING SITE AREA Every dwelling or two-family residence hereafter erected or structurally altered shall provide a lot area of not less than twenty five hundred (2500) square feet per family; provided, how- ever, that whore 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. SECTION 6.5 FRONT YARD REQUIRED There shall be in front of every building a front yard having a minimum depth of twenty five (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 twenty five (25) feet deep being considered as having a front yard twenty five (25) feet deep; and provided further, that on a lot held under sep- arate and distinct ownership from adjacent lots and of record, and less than one hundred ( 100) feet deep, at the time it is placedin an R-2 Two Family Residence District, no front yard need be deeper - 21 - than twenty (20) percent of the depth of the lot. Where a block is occupied or partially occupied by build- ings 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 ten ( 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 loss than twenty five (25) percent of such block, such average shall not be deemed to exceed a distance of twenty five (25) feet. SECTION 6.6 SIDE YARD REQUIRED There shall be a side yard of at least ten ( 10) percent of the width of the lot on each side of the dwelling; provided that in no case shall the required side yard be less than throe (3) feet nor more than five (5) feet. SECTION 6.7 REAR YARD REQUIRED There shall be behind every building other than a build- ing of accessory use , a rear yard having a minimum depth of twenty five (25) foot or twenty (20) percent of the depth of the lot, whichever is the loss; provided, however, that when two single fam- behind the rearmost residence ily residences are built upon the premises , the rear yardjnust not be less than ten ( 10) feet ; and provided further that such two fam- ily residences shall not be altered, erected, or enlarged in such a manner that such buildings , or any portion thereof, shall be located within fifteen ( 15) feet of any other portion of any other residence building located on the same lot or parcel of land. - 22 - ARTICLE VII R-3 MULTIPLE FAMILY RESIDENCE DISTRICT SECTION 7.1 USES PERMITTED (a) Any use permitted in Zones R-1 and R-2 (b) Any flat building, apartment house, or bungalow court, together with the out-buildings necessary to such use , located on the same lot or parcel of land. (c) Churches and public or parochial schools SECTION 7.2 AUTOMOBILE STORAGE SPACE REQUIRED Mars small be at laset see sa#emet1l stereos I spars ,fir smolt dtrellifig wait'„ whish spasm* Including aems.s Alma, shell be treated to it stsrl duet or mud, SECTION 7.3 BUILDING HEIGHT LIMIT thirty five (35) feet or two and No building shall ox c e e a/axklatskt axtxxxXXXxXXXxkz tfx x one-half (2 )stories in height, miteatkemrnithrialcirpoltluxic3Stxtgat, exclusive of the basement. For the purpose of this section a "basement" is defined to be a story, the major portion of the height of which is below the level of the highest point of the adjacent sidewalk, or of the adjoining ground in case there is no such sidewalk or in case such building is on a different level than that of such sidewalk. SECTION 7.4 BUILDING SITE AREA No building shall be erected or altered to accommodate or make provision for more than one family for each one thousand ( 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 Ord- inance is adopted. SECTION 7.5 FRONT YARD REQUIRED There shall be in front of every building a front yard having a minimum depth of fifteen ( 15) 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 fifteen ( 15) feet deep - 23 - • being considered as having a front yard fifteen ( 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 ( 100) feet deep, at the time it is placed in an R-3 Multiple Family Residence District, no front yard need be deeper than fifteen ( 15) percent of the depth of the lot. Where a block is occupied or partially occupied by build- ings 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 of the front yard does not exceed ten ( 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 twenty five (25) percent of such block such average shall not be deemed to exceed a distances of fifteen ( 15) feet. SECTION 7.6 SIDE YARD REQUIRED There shall be a side yard of at least ten ( 10) percent of the width of the lot on each side of the dwelling; provided that in no case shall the required side yard be less than three (3) feet nor more than five (5) feet . SECTION 7.7 REAR YARD REQUIRED There shall be behind every building other than a building of accessory use, a rear yard having a minimum depth of fifteen ( 15) feet or eighteen ( 18) percent of the depth of the lot, whichever is the less. SECTION 7.8 DISTANCE BETWEEN BUILDINGS - BUNGALOW COURTS Where units of a bungalow court on the same lot or parcel of land are separated other than by party walls , there shall be left - 24 - on such lot or parcel of land an open and unobstructed space of not less than ten ( 10) feet between the fronts of such units and an open and unobstructed space of not less than six (6) feet between such units other than the fronts thereof. - 25 - ARTICLE VIII R-4 APARTMENT HOUSE DISTRICT SECTION 8.1 USES PERMITTED (a) Any use permitted in Zones R-1, R-2, and R-3; (b) Apartment houses , hotels , ahmuthigx; institutions of gdAsti txxxit* philanthropic or eleemosynary nature , lodge halls , telephone exchanges , past offices , and private clubs except clubs the chief activity of which is a ser- flee customarily carried on as a business ; (c) . public dining room or restaurant loeated in a hotel, provided that the public entrance to such dining room or restaurant is from the lobby of the hotel; ( d) �a news or refreshment stand or restaurant in con- nection with a passenger station. SECTION 8.2 AUTOMOBILE KOH GE SPS CE REQUIRED (a) There shall be at least one automobile storage space for each dwelling unit ; (b) > hotel shall provide at least one automobile storage space for each room up to and including twenty five (25) rooms and shall provide ono storage space for each three (3) rooms in excess of twenty five ( 25) rooms ; ell a t)s*bi l* itursi4e gat 44writiod undor thiu. ; Ic_.t_e:'. :.?'1+ ttre , ° :e .. 4 be tro to to c )ntra4 duz4 ludo SECTION 8 .3 BUILDING HEIGHT LIMIT No building shall exceed fifty (50) feet or four (4) stories in height . SECTION 8.4 BUILDING SITE _RE _ No building shall be erected or altered to accommodate or to make provision for more than one family for each six hundred (600) square feet of the area of the lot . - 26 - SECT ION 8.5 FRONT YARD REQUIRED There s`iall be in front of every building a front yard having a minimum depth of ten ( 10) 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 ten ( 10) feet deep being con- sidered as having a front yard of ton ( 10) feet; and provided fur- ther 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 '1-4 Apartment House District, no front yard need be deeper than ten ( 10) percent of the depth of the lot . Where a block is occupied or partially occupied by build- ings or structures at the time this Ordinance becomes effective, the front yard of each building of structure herafter 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 ten ( 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 faarther that if such average is determined by less than twenty five (25) percent of such block, such average s' _all not be deemed to exceed a distance of ten ( 10) feet . $ SECTION 8.6 SIDE YARD REQUIRED There shall be a side yard of at least ten ( 10) percent of the width of the lot on each side of the dwelling; provided that in no case shall the required side yard be less than three (3) feet nor more than five (5) feet . SECTION 8.7 REAR YARD REQUIRED There shall be behind every building other than an access- ory building a rear yard having a minimum depth of ten ( 10) feet or eighteen ( 18) percent of the depth of the lot, whichever is the less . - 27 ARTICLE IX C-1 RESTRICTED NEIGHBORHOOD BUSINESS SECTION 9.1 USES PERMITTED (a) Any use permitted in Zones R-1, R-2, R-3, and R-4; (b) Retail stores , shops , or businesses , subject to conditions enumerated in Section 9.2, including: 1. Antiques , genuine 2. Art school, including music 3. Auditoriums not operated for profit 4. Auto courts and/or motels 5. Bakery, retail 6. Bank 7. Barber shop theatrical performance 8. Bars , cocktail, no dancing or 9. Beauty parlor 10. Baths , turkish and the like 11. Blueprinting and photostating 12 . Book or stationery store 13. Business college or private school operated as a commercial enterprise, but not including riding academies . 14. Cafe, tea room, or restaurant, provided that or no dancin theatrical performancegx===== xbentatnambootommonstumecbe maintained or permitted therein or in connection therewith. 15. Catering establishment 16 . Clothes cleaning agency or pressing estab- lishment 17 . Confectionery store 18. Department, furniture, home appliance, or radio store 19. Dressmaking or millinery shop 20. Drug store - 28 - i 7 21. Dry goods or notion store 22. Film and camera sales and exchange 23. Fine arts gallery 24 . Florist shop 25. Furniture store , retail (new only) 26 . Furrier 's shop 27. Gasoline filling stations provided that no garage, mechanical repair, battery repair, tire rebuilding, or automobile washing except hand washing where an area of not more than five hundred (500) square feet is used, shall be permitted in connection therewith 28. Greenhouse 29. - Grocery, market, or fruit store 30. Hardware and home appliance store 31. Interior decorating shop 32. Jewelry store 33. Laundry agency ( no washing of clothes on premises ) 34. Liquor store 35. Meat market or delicatessen store provided no live poultry or rabbits are kept or slaughtered on the premises 36 . Medical, dental, and other offices of the heal- ing professions , and clinics 37. Music school or conservatory 38. News stand 39. Nursery, flower or plant 40. Offices , business and professional 41. Paintings , retail sale of the development 42. Parking lot, commercial, subject t(requirements of Zone P 43. Photographer 44. Restaurant, tea room, or cafe, but not including or dancing,` theatrical porformanoopcxxmmatmxtxtiommt - 29 - 45. Shoe store or shoe repair shop 46 . Storage garages 47. Studios 48. Tailor , clothing or wearing apparel shop 49. Theatre ( c) Other similar - enterprises or businesses, which in the opinion of the Commission are not more obnoxious or detri- mental to the public welfare than the enterprises or bus- inesses enumerated in (b) above . SECTION 9.2 CONDITIONS (a) That all goods offered for sale, other than nursery stock, be displayed within a building; (b) That there be no advertising signs , devices , or structures other than advertising signs , devices, or structures used for outdoor advertising not exceeding two in number for any business establishment on any lot, and each not exceeding thirty two (32) square feet in "rya area, which indicate the person occupying the ctrc/fo p • premises the business conducted by him on the promises , or the goods produced, manufactured, or sold on the premises and shall contain no other advertising matter. SECTION 9.3 OFF-STREET PARKING REQUIREMENTS Not ftmkxmait less than one-half ( 1/2) of the lot or parcel of shall be permanently maintained land used under this Articl.9./tx develope'and used for the parking of motor vehicles in conjunction therewith, and such parking area shall be ia developed and used as provided in Article XIII. SECTION 9.4 BUILDING HEIGHT LIMIT No building, structure, or improvement shall be erected to a height in excess of thirty six (36) feet or three (3) stories . SECTION 9.5 REAR YARDS AND SIDE YARDS Roar yard and side yards of lots used for dwelling pur- - poses shall conform to the regulations prescribed in the Section of this Ordinance regulating R-4 Zone (Apartment House District) . - 30 - ARTICLE X C-2 NEIGHBORHOOD BUSINESS SECTION 10. 1 USES PERMITTED and Any use permitted in Zones R-1, R-2, R-3A R-4, and Wax any use permitted in Zone 0-1 subject to the limitati:yns of such uses as provided in Sections 9.1 and 9.2 Mortuaries, subject to the approval of the Plannina Commission an the Council, as evidenced by resolution of record. 2 SECTION 104, OFF-STREET PARKING REQUIREMENTS None . 3 SECTION 10A BUILDING HEIGHT LIMIT No building, structure, or improvement shall be erected to a height in excess of thirty six ( 36) feet or three (3) stories . 4 SECTION 10.4§ REAR YARDS AND SIDE YARDS Roar yard and side yards of lots used for dwelling pur- poses shall conform to the regulations prescribed in the Section of this Ordinance regulating R-4 Zone (Apartment House District) . - 31 - 7 ARTICLE XI C-3 UNLIMITED C OMMER C IA L SECTION 11. 1 USES PERMITTED ( a) Any use permitted in Zones R-1, R-2, R-3, R-4, C-i, and C-2; (b) Stores or shops for the conduct of retail or wholesale business, new or second-hand, including, but not limited to : 1. Auction house or store 2. Automobiles 32. Bird shop 421. Pet shop This subsection does not permit junk yards ; ( c) Retail sale of: 1. Feed 2. Grain 3. Monuments 4 . Tombstones (d) Battery service ( e ) Billiard hall (f) Bowling alley (g) Boxing arena (h) Carnival show operated at one particular location not longer than one week in any six months period which does not produce, cause, or emit any dust, g^s , smoke, noise, fumes , odors , or vibrations which are or may be detrimental to other property in the neighborhood or to the volfare of the occupants thereof; ( i ) Dog food catering service if the use is for distribu- tion and retail sale only, and no manufacturing of dog food is done on the premises ; (j ) Dyeing of yarns (k) Extracting and bottling of fruit and vegotablo juices if no carbonization is used and not more than a tonal of five horsepower in electric motors is used in connection - 32 1 • with the oxctracting and bottling operations . • ( 1) Frozen food locker (m) Furniture reupholstering or redecorating store or shop (n) Furniture storage ( o) Garages , public (p) Gas heaters, laboratory for the testing of (q) Glass edging, beveling, and silvering in connection with the sale of mirrors and glass decorated furniture (r) Gymnasium (s ) Hospitals ( t) Laundry of not more than ten horsepower boiler and not more than ten horsepower of electric motors (u) Mortuaries (v) Motion picture film, processing: of (w) Open storage of materials providing stucco wall at least •six (6) foot in height be erected on all sides of the promises used for such storage . However, an opening of not to exceed fifteen ( 15) foot may bo loft for entrance and exit upon the street side of such premises so used for storage (x) Photo-engraving (y) Plating of precious met- ls for retail service ( z) Sanatoria • ( aa) Sanitaria ( ab) Service stations , gasoline -( ac) Tire retreading with not to exceed three molds in connection with a public garage or gasoline service station ( ad) Transfer company for furniture and household goods (ae ) Water service establishments (af) Light manufacturing incidental to the retail sale of • goods from the premises only; provided that not more than - 33 - 1 • twenty five (25) percent of the ground floor aroa of any building may be used for such purpose , that no motor ox- cooding five (5) horsepower be installed, and that the total horsepower in any one ( 1) building shall not exceed twenty five (25) horsopower, and provided further, that any such portion of any building or premises used for such incidental manufacturing shall not be nearer than fifty (50) foot to any R-1, R-2, R-3, or R-4 Zone ; ( ng) The manufacture of clothing provided: 1. Not more than one hundred ( 100) individuals are employed therein; 2. Adequate free off-street parking for nll employees is provided within four hundred (400) foot of the property used for such manufacturing ; 3. A commercial appearance is maintained by office or window display space across all of the street or highway frontage of the building except door- ways , to a depth of not less than five (5) foot if the building has street or highway frontage; 4. Off-street or off-highway loading and unloading space is provided, and so located that there will be no interference with the free flow of traffic on any highway, street or alloy (ah) The manufacture of ceramics if the total volume of the kiln space does not exceed sixteen ( 16) cubic foot; (al) The production of phonograph records from prepared biscuits where no manufacturing is done other than the molding of the record in steam presses and the packaging for distribution; (aj ) Automobile repair garages with incidental body and fonder service if all operations are conducted within a building; (ak) Other similar enterprises or businesses or other 34 - 1 enterprises or businesses which, in the opinion of the Commission, aro not more obnoxious or detrimental to the public welfare than the enterprises or businesses herein in this Section enumerated, provided, however, that no junk or auto wrecking yard or establishment shall be established or maintained in this Zone . SECTION 11.2 OFF-STREET PARKING REQUIREMENTS None SECTION 11.3 BUILDING HEIGHT LIMIT No building, structure, or improvement shall be erected to fifty five (55) four (4) a height in excess ofLaitgixbpfeet, or west:77034c stories . 1 SECTION 11.4 REAR YARDS AND SIDE YARDS Roar yard and side yards of lots used for dwelling pur- poses shall conform to the regulations prescribed in the Section of this Ordinance regulating R-4 Zone (Apartment House District) , - 35 - 1 ARTICLE XII 2. C-4 RESTRICTED COMMERCIAL 1. 1SECTION * USES PERMITTED Any use permitted in Zones R-1, R-2, R-3, R-4, C-1, C-2, and C-3. \a, 1' SECTION OFF-STREET PARKING REQUIREMENTS Not libribunot less than one-half ( 1/2) of the lot or parcel of shall be permanently maintained land used under this Article /C developedland used for the parking of motor vehicles in conjunction therewith,1 and such parking area to shall be Adeveloped and used as provided in Article XIII. SECTION 12.3 BUILDING HEIGHT LIMIT No building, structure, or improvement shall be erected to fifty five (55) four (4) a height in excess ofboftbbigoitaxteet, olAudaLl04 stories. SECTION 12.4 REAR YARDS AND SIDE YARDS Rear yard and side yards of lots used for dwelling pur- poses shall conform to the regulations prescribed in the Section of this Ordinance regulating R-4 Zone (Apartment House District) . I 1 1 - 36 ARTICLE XIII P PARKING DISTRICT SECTION 13.1 USES PERMITTED (a) Any use permitted in Zone R-3 (Multiple Family Resi- dence District) , and when so used shall be subject to all of the provisions contained in Article VII; provided, however, that in cases where Zone P is applied to a portion of any lot or parcel of land the remainder of which is in a commercial or industrial zone, Itat that portion of the lot or parcel shall be used only for purposes outlined in sub-paragraph (b) of this section; (b) Parking of motor vehicles without monetary charge as an incident to any lawful residential, commercial, or man- ufacturing use. The provisions of this subsection do not employees, prohibit confining such parking to owners2/proprietors or customers of such residential, commercial, or manufactur- ing use. SECTION 13.2 REGULATIONS FOR DEVELOPMENT (a) Areas to be used for parking shall be paved with an asphaltic or conorete surface and shall have proper bumper guards where needed and shall be enclosed with an orna- mental fence, wall, or compact eugenia or other evergreen hedge which shall have a height or not less than two (2) feet when planted, and maintained at a height of six (6 ) feet on each side of such area abutting upon a street or alley; (b) Where such area abuts upon any lot in any residential zone a four (4) foot masonry wall shall be erected and maintained along the line of such adjoining lot and no parking shall be permitted within six (6) feet of said wall and within the six (6) foot strip there shall be planted an*. evergreen hedge which shall be maintained at a height of six (6) feet; - 37 - 1 ( c) Any lights used to illuminate such parking area shall be so arranged as to reflect the light away from any residential zone. - 38 .. • ARTICLE XIV M-1 LIGHT MANUFACTURING DISTRICT SECTION 14.1 USES PERMITTED (a) Any use permitted in Zones R-1, R-2, R-3, R-4, C-i, Cit, C-3, and C-4; (b) Animal hospitals (c ) Assembly plants (d) Brewery (e) Building materials (f) Cabinet making (g) Carnivals, neighborhood (h) Ceramics, the manufacture of ( i) Cleaning and dyeing establishments , wholesale ( j) Cosmetics , the manufacture of (k) Dog kennels , commercial ( 1) Dog training schools (m) Fabricating, other than snap riveting or any process used in bending or shaping of metal which produces any annoying or disagreeable noise (n) Ferris wheels ( o) Glove, shoe, novelty, or toy manufacturing (p) Laundry (q) Lubricating oil. The canning and packaging of lub- ricating oil if not more than one hundred barrels are stored above ground at any one time (r) Lumber yard except the storage or sale of boxes or crates (s ) Metal working shop ( t) Paper or strawboard manufacturing from waste pape stock or pulp board (u) Pest control service (v) Poultry and rabbits . The wholesale and retail sale of poultry and rabbits, including slaughtering and dress- 39 - r I • • • ing within a building • (w) Automobile body and fender repair shops if all operations are conducted inside of a building (x) Stables. Private stables for the raising and train- ing of race horses , provided such use is not established for commercial purposes (y) Shooting galleries (z) Sodium glutamate. The manufacture of (aa) Statuary. The manufacture of statuary from stone,. clay, or papier mache (ab) Stone, marble, or granite grinding, dressing and cutting (ac) Tire retreading (ad) Veterinary. Consulting office of a veterinary (ae) Warehouse. Storage warehouse (af) Blacksmith shop (ag) Machine shop except: 1. Punch presses of over twenty (20) tons rated capacity 2. Drop hammers 3. Automatic screw machines (ah) Roofing contractor' s establishment (ai) Storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by a not less than one ( 1) hour fire resistant wall (aj ) Trailer parks (ak) Any similar enterprises or businesses or other enterprises or businesses which, in the opinion of the Commission, are not more obnoxious or detrimental to the public welfare than the enterprises enumerated in this section. - 40 - 14 .1 15Z SECTION OFF-STREET PARKING In connection with every parcel of land in a manufacturing district, on which is conducted any manufacturing use permitted in and ,dermanentl:" maintained the district, there shall be provideqLspace for all the vehicles used directly in the conducting of such use and, in addition, there and permanently maintained one hundred sixty ( 160) shall be providecyspace of not less than ,wt“. 44 4*10.164,1"0.- 111144,1; . square feet for the standing of not less than one vehicle for each two persons employed or intended to be employed on the shift having the largest number of employees on such parcel of land, together withadequate ingress and egress thereto. If such vehicle standing space is not provided on the same parcel of land on which such use is conducted, it shall be provided within a distance of not to exceed four hundred (400) feet from the main entrance to such use , and such vehicle standing space shall be deemed to be required open space on the par- cel of land on which the same is located and shall not thereafter be reduced or encroached upon in any manner, except upon approval by the Commission in either of the two following circumstances only: , 1. Such space may be reduced by the amount to which other similar space , similarly situated, and subject to the same conditions as herein specified for such space in the first place, is provided for the use to which it is appurtenant. 2. Such space may be reduced by an amount in proportion to any reduction in the number of persons which can be employed * t41 to I dust or SECTION 1gx2x BUILDING HEIGHT LIMIT No building shall exceed fifty five (55) feet or four (4) stories in height. - 41 - r � • ARTICLE x XV �S- M-2 GENERAL MANUFACTURING DISTRICT SECTION c USES PERMITTED Any use except the following: ( 1) Dwellings , except a dwelling on the same lot or parcel of land as a factory which dwelling is used exclusively by a caretaker or superintendent of such factory and by his family; (2) Hotels, civic or social clubs, lodging houses, schools , institutions or homes for the treatment of convalescent per- sons , children, aged persons , the wounded or mentally infirm; (3) Places of public assemblage except: (a) Auditoria which are a part of and used as an incident to a use permitted in Zone M-.2; (b) Union halls (c) Labor temples (4) Any use listed in ArticleAlall, unless a Special Permit has first been obtained pursuant to the provisions of Article • _4fFAFFIE. SECTIONx OFF-STREET PARKING 15,1„. In connection with every parcel of land in a manufacturing district, on which is conducted any manufacturing use permitted in and permanently maintained . the district, there shall be providedspace for all the vehicles . used directly in the conducting of such use and, in addition, there and permanently maintained one hundred sixty (160) shall be provided/space of not less than Immxiommtmetx4.2tta square feet for the standing of not less than one vehicle for each two per- . sons employed or intended to be employed on the shift having the largest numbers of employees on such parcel of land, together with adequate ingress and egress thereto, If such vehicle standing space is not provided on the same paroel of land on which such use is conducted, it shall be provided within a distance of not to exceed four hundred (400) feet from the main entrance to such use, and such vehicle - 42 - standing space shall be deemed to be required open space on the par- cel of land on which the same is located and shall not thereafter be reduced or encroached upon in any manner, except upon approval by the Commission in either of the two following circumstances only: ( 1) Such space may be reduced by the amount to which other similar space, similarly situated, and subject to the same conditions as heroin specified for such space in the first place , is provided for the use to which it is appurtenant; (2) Such space may be reduced by an amount in proportion to any reduction in the number of rare^"e, '"''# "'' ^ rcl A,i t 0000 rOVir04 s 000l►1 les 11 be trusted to wastrel dust sr 0 SECTION .1F BUILDING HEIGHT LIMIT one hundred (10a) in. height. No building shall exceed feet 44. xmsx4 - 43 - ARTICLE XVI B BUFFER DISTRICT SECTION 16.1 USES PERMITTED The following uses provided plans for such use including architectural design of any structure be approved by the Commission and City Council as evidenced by resolution of record: (a) Landscaping (b) Employees recreation area (c) Off-street parking area (d) Offices and other buildings appurtenant to the manufacturing use established on the premises 4 SECTION 16.2 APPROVAL OF PLANS No plans will be approved by the Building Inspector and no building permit issued for any use of property in any manufacturing district until the plans for the development of the adjacent buffer I district have been approved as provided in Section 16.1. - 44 ARTICLE XVII W - WATER CONSERVATION DISTRICTS SECTION 17.1 STATEMENT OF POLICY There are certain areas of the City which under present conditions are not suited for permanent occupancy or residence by persons for the reason that they are subject to periodical spreading of water and other hazards, Therefore, for the Public interest, health, comfort, convenience, preservation of the public peace , morals) order, and the public welfare, the City Council does hereby create districts within which it shall be unlawful to erecti construct, al- ter, or maintain structures of any type. SECTION 17.2 USES PROHIBITED All buildings or structures ; mining and/or removal of rock, sand, and gravel, or manufacturing any products from the same for commercial purposes . - 45 - ARTICLE XVIII SPECIAL PERMIT USE REQUIREMENTS SECTION 18.1 SPECIAL PERMIT USES The following uses require a Special Permit in Zone M-2 and a variance in any other zone: (a) Acetylene gas, the manufacture of (b) Acid, the manufacture of (c) Ammonia, the manufacture of (d) Auto wrecking yard or establishment (e) Airport or landing field (f) Blas'-Furnace (g) Bleaching powder, the manufacture of (h) Boiler works ( i) Borrow Pit to a depth of over three (3) feet (j ) Brick, the manufacture of (k) By-products , the manufacture of byyproducts or scrap from the handling or utilization of fish, meat, or animals ( 1) Cattle sales yard (m) Celluloid, the manufacture of ( n) Cellulose, the manufacture of (o) Cement, the manufacture of (p) Cemeteries for pets (q) Chlorine gas, the manufacture of (r) Coal, the distillation of coal or coal tar, the mann- . facture of any coal tar product (s ) Coke oven ( t) Creosote, the manufacture or bulk storage of (u) Creosoting plant (v) Dairy (w) Distillation of bones (x) Explosives, the manufacture or storage of (y) Fat rendering ( z) Fertilizer plant or works - 46 - L � (aa) Fireworks , the manufacture of (ab) Fish cannery (ac) Forging works (ad) Foundry, other than an aluminum foundry employing only electric or low pressure crucibles (ae) Gas , the storage of illuminating gas in excess of five hundred thousand (500,000) cubic feet (af) Gelatine, the manufacture of (ag) Glue, the manufacture of (ah) Grease , the manufacture of (ai) Grinding of non-metallic ore ( aj ) Guncotton products , the manufacture of (ak) Hog ranch (al) Hydrocyanic acid, the manufacture of any product of (am) Junk yard establishment (an) Lamp black, the manufacture of (ao) Lard, the manufacture of (ap) Lime, the manufacture of (aq) Livestock feed yard (ar) Meat packing plant (as) Oil reclaiming plant (at) 0i1 well ( au) Ore reduction plant (av) Paint, oil (including linseed) , shellac, turpentine, lacquer or (aw) )- Petroleum refinery varnish, the manufacture of (ax)(-a )- Phenol, the manufacture of (ay)(-a.)- Plaster of paris , the manufacture of (az) Ptastic s, the manufacture of (ba)(-ey-)- Potash, the manufacture or refining thereof (bb)(-a. .)- Pyroxylin, the manufacture of pyroxylin plastic material or any product thereof or therefrom (bc)05p4 Race track of any kind except a race track used exclusively for contests of speed, skill, or endurance between human beings only (bd)(404 Radio transmitter ztzttf xtx towers , commercial 47 (be) ( Refuse disposal, including the incineration, re- duction, or dumping of offal, ashes , garbage, rubbish or refuse except wood refuse to be burned in a suitable furnace , and except when operated by, or under the control of the City (bf) (-fi4:14- Rifle range (bg) (-)e.)- Rock crusher (bh) (b&.J- Rock and gravel storage bunker (bi) Rock, sand and/or gavel, excavation of (bj) 612W Rolling mill (bk) 6a4 Round house (bl) Rubber reclaiming plant (bm) (fig) Sand blasting plant (bn) (2bb4 Sewer farm or sewage disposal plant not operated by or under the control of the City (bo) ( Size, the manufacture of (bp) Smelter at alb ► sr poirolson - to quantity n - _ • , . : ) U.S. gallons* on any ons at or kareal of land, saa t ail storage I is oon4unotion with an sil' woll Wag ill or L. production not exceeding six thousand (6000) barrels per each such well on the same lot or parcel of land upon which such well is located (br) 1a .,1t Tallow, the manufacture of (bs) Tannery (bt) Tar or the by-products thereof, the manufacture of (bu) fit) Tile , the manufacture of (bi) (mac) Terra Cotta, the manufacture of (bw) Vic) Tobacco, chewing, the manufacture of (bx) ) Vinegar, the manufacture of (by) ) Wool pulling plant (bz) Oxittk Hospitals for the care of mental patients (ca) 4 Institutions for the care of alcoholic patients - 48 - SECTION 18.2 FILING OF APPLICATION p .ia tOr 5. , , 14` t 11 . ,,;� ia writing. The Co ' lesion, t time to Uwe. :. pm. scribe the information to be :rsvid in ss s p 4taat1en. n 3 s pil anti it be . 0400,014tIVOA, is tho order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all notices , reports , and actions pertaining thereto. A uniform fee of thirty dollars ($30.00) shall be paid to the City upon the filing of each application for the purpose of defraying ex- penses incidental to the proceedings . Each such application shall immediately be referred to the Commission for hearing as herein pro- vided. SECTION 18.3 INFORMATION REQU.CHED WITH APPLICATION The application for Spacial Permit shall set forth in de- tail such facts as may be required by the Commission, and shall be accompanied by: Arbr a) Leal seri ti x *t the 'rspsrty involved and the aro o oar ! wee* with lot s *haulm, leeetione of *11 r ?ro?ose4 buildings nr is i ►iidss as well sting bui ldi s and deeeriAleu of the ixotoo lise; (b) A certified list of the names and addresses of all property owners within three hundred (300) feet from the site of the proposed use , as shown by the latest assess» ment roll of the City of Azusa; ( c) Evidence of the ability and intention of the appli- cant to proceed with actual construction work in accord- ance with said plans within six (6) months from the date of granting of said application. SECTION 18.4 INVESTIGATION OF APPLICATION The Commission shall cause such investigations of fact -- 49 - { { bearing on the application to be made as will provide necessary in- formation to assure that the action on each such application is con- sistent with the intent and purpose of this Ordinance. SECTION 18.5 PUBLIC HEARINGS ON APPLICATION Upon referral to the Commission of an application for Special Permit, the Commission shall fix a time and place of public hearing thereon not less than five (5) days nor more than thirty (30) days thereafter. Not less than five (5) days before the date of such public hearing, notice shall be given of such hearing in the following manner: (a) By one ( 1) .publicationin a newspaper of general cir- culation within the City of Azusa. Such notice shall state the name of the applicant, nature of the request, location of the property, and time and place of hearing; (b) By mailing, postage prepaid, to each property owner whose name appears in the certified list required under Section 18.3 (b) , a postcard containing the same informa- tion as mentioned in subdivision ( a) of this Section, Public hearings as provided in -this Section shall be held ' before the Commission which may establish its own rules for the con- ' _ duct thereof. A verbatim transcript of all testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued by oral pronounce- ment prior to its close . SECTION 18.6 FINDINGS OF THE COMMISSION ON APPLICATION After a hearing the Commission, within thirty (30) days , shall report to the City Council its findings as to whether the pro- posed use will be a menace to or endanger the public health, safety, or general welfare , and shall recommend to the City Council the granting of such permit as applied for, or under such conditions or restrictions as may be necessary to prevent such proposed use from - 50- - - becoming a menace to or endangering the public health, safety, or general welfare, or shall recommend a denial thereof. 4444 SECTION 114t ACTION BY CITY COUNCIL 1$ .1 Upon receipt of a report and recommendation from the Com- mission, the City Council shall review said report and recommendation and take any of the following actions : ( 1) Confirm the action of the Commission, and grant or deny the application; (2) Reverse or modify the action of the Commission, after having read a complete verbatim transcript of the hearing before the Commission; (3) Sot the matter for public hearing before itself, make its own fiqdingst and grant or deny the ;•"pplication accordingly. - vertnpln nnnlinntinn for n (4) Refer the matter back to the Planning Comission for reconsid- eration, with or without reco imendations. -zzot* SECTION .00 = EXPIRATION OF PERMIT NOT USED ‘S .$ Unless the permit provides otherwise , every permit issued under the provisions of this Article, if not used within a period of six (6) months after the issuance thereof, shall become null and voidf except that the City Council may grant an extension of one additional six (6) months period , without public hearing, upon a showing that there were practical difficulties in complying with the six (6) months limitation ,06,1 C ty at the t me,,-thS/ Ordinance becCMes : ve is hereby-a tomat/ c ily giant a c1nl - nde ave the same lega, sta;tUs thoi5,11a, er ad been gran'ted rsuant to thp' provi. iont/of t tele. provided, ever 11.:-* such use sha ,A. 4- ex ), ndect>l , eo , lav11, Yotied a eecia ° a rovicled Articls. SETION-51:kx42 RE,VOCATIONAIVPERM/IT2ISSUED Alknickfr THIS SEcT70 18. --- /// ( a) special 1),,,,e*t grf306ed unde th provsionsf his Ar cle mayevoked YY the C1, T Co ncil, if it is ou SE-6_ - 51 - Rev E.,12 1-70 eog o vied' VAt where o4net ion of Wilding*, ‘ sorb Snob eon- struetures and/or toolittleo t., stroottort 06.11 66 esitiod with -, gillgessed. SECTIOr,; 13.9 EXISTLIJ SFECIL l'EHcil*T USES AnlY use llsted ender , -ton kest. sthieh Is existing ts tha CLAY at tlne this 4rat **- - , s *tractive is hereby gr? ten a 4peoial 4iermit and shoal hay* the ea, logal status ss ton a pormit had been granted pursuant to the irovisions *t this Article, provided, however, that no such use *ball be cetritied or enlarge with:4A first having obtained eSpecial , .-ermit as ?rosined intt rtioles dvovided, further, that fore4oing proviso shall not wiply to %hi secansion of any *stating rooi , sand or grave ',,, excavation, rovided such expansion dee* not aproaeh nearer than *n* hund ( ,4 ; ) feet to the exter,or sryLine 3r „iroperty no* * ad by the operator at suob *elating 4: 1 sand or gravel aseavetion, its suet's* * or **signs. SECTIJN 18.10 REVDCTIY.,! JF 1-”ERZ,IT ISSUED UNDER THIS ARTICLE (a) A Special Permit 5ranted under the provisions of this Article may be revoked by the City Council if it is found - 51 - A 1 that the use is detrimental to the public health, safety, or general welfare or is a nuisance ; 1g . to (b) No permit shall be revoked as provided in Section =WO (a) until a public hearing has been held by the Commission. 1. Notification of said hearing shall be given in the same manner as described in Section xbitags subdivisions 18.5 (a) and (b) . 2. Public hearings shall bo held before the Commis- sion which may establish its own rules for the conduct thereof. A verbatim transcript of all testimony offer- ed at the public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued by oral pronouunce- ment prior to its close . 3. After a hearing the Commission, within thirty (30) days , shall report to the City Council its findings as to whether the use has become a menace or is endanger- ing the public health, safety, or general welfare or has become a nuisance , and shall recommend to the City Council that such permit shall be revoked for the rea- sons cited above or shall be allowed to remain in force. 4. Upon receipt of a report and recommendation from the Commission, the City Council shall review said ro- port and recommendation and take any of the following actions : a. Confirm the action of the Commission and re- yoke the permit or Willow it to remain in force ; b. Reverse or modify the action of the Commis- sion after having read a complete verbatim trans- cript of the hearing before the Commission; o. Set the matter for public hearing before itself and make its own findings; d. Refer the matter back to the Commission for reconsider- ation with or without rec mmendations. - 52 - ARTICLE XIX VARIANCE REQUIREMENTS SECTION 19.1 INITIATION OF PROCEEDINGd When practical difficulties , unnecessary hardships , or re- sults inconsistent with the general purposes of this Ordinance occur through a strict interpretation of its provisions , the Commission, upon its own motion may or upon the verified application of any pro- perty owner or owners , shall in specific cases initiate proceedings for the granting of a variance from the provisions of this Ordinance under such conditions as may be necessary to insure that the spirit and purpose of this Ordinance will be observed, public safety and welfare secured, and substantial justice done. All acts of the Com- mission and City Council under this Article shall be construed as administrative acts for the purpose of insuring that the intent and purpose of this Ordinance shall apply in special cases , as provided in this Article, and shall not be construed as amendments to the pro.. visions of this Ordinance or Map. SECTION 19.2 NECESSARY CONDITIONS Before any variance may be granted, it shall be affirma- tively shown: (a) That there are special circumstances attached to the property referred to in the application or motion, which do not apply generally to other properties in the same District; (b) That the granting of such variance is necessary to do substantial justice, and to avoid practical difficulty, un- necessary hardship, or results inconsistent with the general purpose of this Ordinance; ( c) That the granting of the variance will not result in material damage or prejudice to other property in the vic- inity, nor be detrimental to the public health, safety, or general welfare . ' 53 - A variance may also be granted to permit a use essential to the prosecution of any war in which the United States may be engaged, provided paragraph (c) of this Section applies , and further provided that such variance shall expire not later than six (6) months after cessation of physical hostilities in connection with such war. SECTION 19.3 FILING OF APPLICATION 4 piteati ~taw* Mall b in **Ulm, Joel. , trots time to time* 41 pre be .. : tion pro men 4i)A011 ono Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official re- cords of the City, and there shall be attached to each such applica- tion copies of all notices, reports , and actions pertaining; thereto. A uniform fee of fifty (50) dollars shall be paid to the City upon the filing of each application for the purpose of defraying expenses incidental to the proceedings . Each such application shall immed- iately be referred to the Commission for hearing as herein provided. SECTION 19.4 INFORMATION REQUIRED WITH APPLICATION The application for variance shall set forth in detail such facts as may be required by the Commission, and as may relate to the conditions specified in Section 19.2 and shall be accompanied by: (a) Legal 4asoription or the property involved and the f4*.opoted use. Pith plot F lane *hoping 1tions of all 2rof s ed buildings or taotliti*r as *ell as existing building. and eri :i of 114.01 (b) A reference to the specific provisions of this Ord- inance from which such property is sought to be excepted; (c) A certified list of the names and addresses of all property owners within three hundred (300) feet from the site of the proposed use, as shown by the latest assess- ment roll of the City of Azusa; ., 54 - • • (d) Evidence of the ability and intention of the appli- cant to proceed with actual construction work in accord- ance with said plans withinni^e+ o9 44 s from the date of granting said application. SECTION 19.5 INVESTIGATION OF APPLICATION The Commission shall cause such investigations of fact bearing on the application to be made as will provide necessary in- , formation to insure that the action on each such application is con- sistent with the intent and purpose of this Ordinance . SECT ION PUBLIC HEARINGS ON APPLICAT ION Upon referral to the Commission of an application for var- iance, the Commission shall fix a time and place of public hearing thereon not less than five (5) days nor more than thirty (30) days thereafter. Not less than five (5) days before the. date of such public hearing, notice shall be given of such hearing in the follow- ing manner: (a) By one ( 1) publication in a newspaper of general cir- culation within the City of Azusa. Such notice shall state the name of the applicant, nature of the request, location of the property, and time and place of hearing; (b) By mailing, postage prepaid, to each property owner whose name appears in the certified list required under Section 19.4 ( c) , a postcard containing the same inform- ` ation as mentioned in subdivision (a) of this section. Public hearings as provided in this Section shall be held before the Commission which may establish its own rules for the .con- duct thereof. A verbatim transcript of all testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued by oral pronounce- ment prior to its close. - 55 - 1 1 SECTION PINDIA?GS OF THE COMMISSION ON APPLICATION Within thirty (30) days after the conclusion of the public hearing, the Commission shall render a report and recommendation to. the City Council. In the event the Commission determines that the eanria conditions of Section klam of this Article apply to the property referred to in the application, it shall recommend the granting of the variance, either with or without conditions , otherwise it shall recommend denial of same . SECTION kn ACTION BY CITY COUNCIL Upon receipt of a report and recommendation from the Com- mission, the City Council shall review said report and recommendation and take any of the following actions : ( 1) Confirm the action of the Commission, and grant or deny the application; (2) Reverse or modify the action of the Commission, after having read a complete verbatim transcript of the hearing before the Commission; (3) Set the matter for public hearing before itself,, make its own fin .i' s ant. grant or ..i ny the a 21icati.on accords y' 6; ,\ _ L,; ,,.n L9_.. n.} L__ n_._.__ t 1 .___._ ._ „14 „4.4n" fn» ., (4) Refer the matter beck to the .Tannin.;; Oo;.missi on for reconsiw- eration., it' or without recommendations, E 1.+JI 1 I k Ci: N,DT U6ED Unless n. variance :rovicles ofher '. se , ever,, variance issued under the ___nrovisions of this Article , i not used within a :eriod of ninety (90) days after the issuance thereof, shall become null and void, except that the Citi: Council may grant an extension of jne additional ninety (90) day period, without :public hearin , upon a showin that there were ,ractica.l difficulties in coma_ lyin; with the ninety (90) day limit .ti,on.. 1CL ,604, on of t:., , _, a tures sndi or faoi 3it&vs i> : ee sea r, oro mush construction s 11 be prosee 4 with t$ SECTION 19. 10. EXISTINC, UNUSED VARIANCES Any variance heretofore ;;ranted shall become null and void if not used within a period of six (6) months from the effective date of this ordinance. • VAR- ARTICLE = XX AMENDMENTS AND CHANGES OF DISTRICT BOUNDARIES 20.1 SECTION INITI _TION OF PROCEEDINGS BY COMMISSION OR CITY COUNCIL The City Council may from time to time amend, supplement, or change this Ordinance and the regulations and Map herein, by pro- ceedings in conformity with the California State Conservation and and all acts amendatory thereof and supplementary thereto. Planning Ac4 An amendment, supplement, or change may be initiated by the City Council or by the Commission. 20.2 SECTION =Mc PETITION FOR CHANGE BY PROPERTY OWNER Whenever the owner of any land or building desires a re- classification of his property or a change in the regulations appli- cable thereto, he may file with the City Clerk a petition duly signed and verified by him, requesting such amendment, supplement or change of regulations prescribed for such property. 20.3 SECTION120415c FILING FEE A uniform fee of fifty (50) dollars shall be paid to the City Clerk upon the filing of each such petition, to cover the cost of making maps, sending out notices , and other expenses involved. 20.4 SECTIONS INFORMATION REQUIRED WITH APPLICATION The application for such amendment , supplement, or change of regulations shall set forth in detail such facts as may be re- quired by the Commission, and shall be accompanied by: (a) Legal description of the property involved; a state- ment of the existing zoning on the property and the zoning proposed for the property; (b) A certified list of the names and addresses of all property owners within the area and within a dinstance of 4 three hundred (300) feet outside of the outer boundaries of such area as shown by the latest available assessment rolls of the City of Azusa. In the event such amendment, supplement or change is initiated by either the Commission or the City Council, the City Clerk shall prepare such certified list. - 57 - 1 SECTION 20.5 INVESTIGATION OF APPLICATION Tho Commission shall cause such investigations of fact bearing on the application to be made as will provide necessary in- formation to insure that the aotion on each such application is con- sistent with the intent and purpose of this Ordinance and the Calif- ornia State Conservation and Planning Act . SECTION 20.6 PUBLIC HEARINGS ON APPLICATION Before recommending any amendment to this Ordinance or Map, the Commission shall hold two (2) public hearings at least ton ( 10) days apart. Not less than five (5) days before the date of the first of such hearings notice of both hearings shall be given in the fol- lowing manner: (a) By one ( 1) publication in a newspaper of general circula- tion within the City of Azusa. Such notice shall state the name of the applicant, nature of the request, location of the property, and times and place of hearing; (b) By mailing, postage prepaid, to each property owner whose name appears in the certified list required under Section 20.4 (b) , a postcard containing the same informa- tion as mentioned in subdivision ( a) of this section. Public hearings as provided in this Section shall be held before the Commission which may establish its own rules for the con- duct thereof. A verbatim transcript of all testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case . Any such hearing may be continued by oral pronounce- ment prior to its close. SECTION 20.7 FINDINGS OF THE COMMISSION ON APPLICATION Within thirty (30) days after the conclusion of the second public hearing, the Commission shall.rendor a report and recommenda- tion to the City Council. In the event the Commission does not recommend any amend- ment to this Ordinance or Map, no report shall be forwarded to the - 58 - City Council unless requested by them, except in the event such hear- ings have been initiated by the City Council in which case a report shall bo forwarded to them setting forth the reasons why the Commis- sion does not recommend such change. SECTION 20.8 ACTION BY CITY COUNCIL (a) In the event the Commission recommends an amendment to this Ordinance or Map, the City Council shall hold a public hearing, notice of which shall be given in the following manner: ( 1) By one ( 1) publication each) not less than ten ( 10) days before the date of the hearing and within seven (7) days of the date of such hearing, in a newspaper of gen- eral circulation within the City of Azusa, such notice to state the name of the applicant, nature of the request , location of any real property affected, and time and place of the hearing; (2) By mailing, postage prepaid, to each property owner whose name appears in the certified list required under Section 20.4 (b) , a postcard containing the same informa- tion as mentioned in subdivision ( 1) of this section. (b) After public hearing as set forth in Section 20.8 (a) , the City Council may take any of the following actions : ( 1) Confirm the action of the Commission and amend the Ordinance or Map; (2) Refer back to the Commission for a report thereon any variation from the Commission' s recommendation which the City Council believes appropriate; (3) After having received the report of the Commission, amend the Ordinance or Map as deemed proper, even though the Commission, after having had the matter re- ferred to it regarding certain specific items, does not recommend the amendment as proposed by the City Council. - 59 - ARTICLE XXI ENFORCEMENT, LEGAL PROCEDURE, AND PENALTIES • SECTION 21.1 ENFORCEMENT • The Chief of Police, Building Inspector, City Clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this Ordinance. SECTION 21.2 BUILDING PERMITS NOT TO BE ISSUED No building permit shall be issued for the erection or use of any structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this Ordinance. Any per- mit issued contrary to the provisions of this Ordinance shall be void and of no effect. SECTION 21.3 PLATS All applications for building permits shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot or building site to be built upon, the location, height, and area of the building or buildings to be erected, and such other information as may be necessary for the enforcement of this Ordinance. SECTION 21.4 LEGAL PROCEDURE Any building or structure erected or maintained, or any use of property contrary to the provisions of this Ordinance , shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney shall, upon order of the City Council, immed- iately commence action or actions, proceeding or proceedings , for the abatement, removal, and enjoinment thereof, in the manner provid- ed by law and shall take such other stops and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from setting up, erecting, or maintaining such building or structure, or using any property contrary to the provi- sions of this Ordinance. It shall be the right and duty of every - 60 - N citizen to participate and assist the City Officials in the enforce- ment of the provisions of this Ordinance. SECTION 21.5 REMEDIES All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person herein shall not release such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures , or improvements, nor prevent the enforced correction or removal thereof. SECTION 21.6 PENALTIES Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any provisions of this Ord- inance or violating or failing to comply with any order or regulation made hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than three hundred (300) dollars, or by imprisonment in the County Jail of Los Angeles County for a term not exceeding three (3) months, or by both such fine and imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during which any such violation of this Ordinance or failure to comply with any order or regulation is committed, continued, or maintained. SECTION 21.7 REPEALING CLAUSE All ordinances and all portions of any other ordinance in- consistent herewith to the extentof such inconsistency and no fur- ther, are hereby repealed. 4 ARTICLE XIII VALIDITY This Ordinance and the various parts , sections , and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged uheonstitutional or invalid, the remainder of this Ordinance shall not be effected li thereby. The City Council hereby declare that it would have passed this Ordinance and each part thereof, regardless of the fact that one ' I or more parts thereof be declared unconstitutional or invalid. f ARTICLE XX I I I AUTHENTICATION The City Clerk of the City of Azusa is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in the a newspaper of general circulation, published and circulated in the City of Azusa. This Ordinance shall be effective thirty (30) days after passage thereof. Y--/ aer v A, IR, .f " e City of Azusa ATTEST: \s-7th 0.) City er - 32 - w STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I, M. A. Hynes, City Clerk of the City of Azusa, hereby certify that the foregoiOrdinance was introduced at a regular meeting of the Cityng Council of the City of Azusa, Los Angeles County, California, held on the 21st day of x March, 1949 and was regularly passed and adopted by said City Council, signed by the Mayor, and attested by the City Clerk of said City, all at a regular meeting of said City Council held on the 4th day of April, 194.9, and that the same was passed by the following vote: AYES: Councilmen: NASSER, MEMMESHEIMER, MALONE, JUMPER. NOES: Councilman: ORTUNO. ABSENT: Councilmen: NONE. and that said Ordinance was published on April 14th, 1949, in the Azusa Herald & Pomotropic, a weekly newspaper of general circulation, published and circulated in said City of Azusa and was published according to law. M. A. Hynes, ty Clerk of the City of Azu- : . Publish Azusa Herald April 14, 1949. tAiktt5,1, 4f, 3.% "`^'„ �t�4 .' t � _r_". �>._.'3,