Ordinance - 147. t
ORDINANCE NO. 147
AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF NEST COVINA, AND
THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS AND YARD
SPACES:: ADOPTING A MAP SHOWING THE BOUNDARIES OF SAID ZONES: DE-
FINING THE TERMS USED IN THIS ORDINANCE:: PROVIDING FOR ITS AD-
JUSTMENT, AMENDMENT AND ENFORCEMENT: PRESCRIBING FOR VIOLATIONS
AND REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT
THEREWITH.
THE CITY COUNCIL., OF THE CITY OF WEST COVINA DO ORDAIN AS FOLLOWS:
SECTION 1: An official land use plan for the City of West Covina
is hereby adopted and established.;to serve the public health,
safety, and general welfare and to provide the economic and social
advantages resulting from an orderly planned use of land and re-
sources,
SECTION 2:. DEFINITIONS. This ordinance which defines and makes
effective the Land -Use Plan of the City of Nest Covina shall be
known as the "Zoning Ordinance" and for the purpose of this or-
dinance certain words and terms are defined.
lillords used in the present tense include the future; words in
the singular number include the plural; and words in the plural
number include the singular; the word "Shallot is mandatory. The
term "City Council,, means the City Council of the City of West
Covina, and the term "Commission" or "Planning Commission" means
the City Planning Commission of the City of West Covina. The word
"City" when used means the City of West Covina.
"Accessory":: A building, part of buil-ding or structure or
use which is subordinate to, and the use of which is incidental
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to that of the main building, structure or use on the same lot.
Where the wall of an accessory building is a part of, or joined
to the wall of the main building, such accessory building shall
be counted as part of the main building.
"Accessory living quarters": Living quarters within an
accessory building for the sole use of persons employed on the
premises or for temporary use by guests of occupants of premises;
such quarters having no kitchen facilities and not rented or other-
wise used as a separate dwelling.
"Alley": A public or private way permanently reserved as a
secondary means of access to abutting property.
"Apartment": A room or a suite of'two or more rooms in a
multiple dwelling, occupied or suitable for occupancy as a resi-
dence for one family.
"Apartment Hotel": A building or portion thereof designed for
or containing both individual guest rooms or suite of rooms and
dwelling units.
"Apartment House": See "Dwelling Multiple".
"Automobile Wrecking": The dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale or dumping of
dismantled or wrecked vehicles or their parts.
"Basement": A story partly underground and having one-half or
more.of its height below the average level of the adjoining ground.
A basement, when designed for, or occupied by dwellings, business
or manufacturing, shall be considered to be a story.
"Boarding House": A building where lodging and meals are pro-
vided for compensation for five (5) but not more than fifteen (15)
persons, not including rest homes.
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"Building": A permanently located structure having a roof
(all forms of vehicles excluded).
"Building height": The vertical distance measured from the
average level of the highest and lowest point of that portion of
the site covered by the building to the ceiling of the uppermost
story.
"Building -'site": The ground area of ' .a building or group of
buildings together with all open spaces as required by this or-
dinance.
"Block": All property fronting upon one side of a street be-
tween intersecting and intercepting streets, or between a street
and right-of-way, water way, dead end street, or city boundary.
An intercepting street shall determine only the boundary of the
block on the side of the street which it intercepts.
"Bungalow Court": A group of three or more detached one-story,
one- or two-family dwellings located upon a single lot, together
with all open spaces as required by this ordinance. Two-family
dwellings shall mean two units as defined under "Dwelling, Two-
family".
"Business or Commerce": The purchase, sales or other trans-
action involving the handling or disposition of any article, sub-
stance or commodity for livelihood or profit, or the ownership or
management of office buildings, offices, recreational or amusement
enterprises or the maintenance and use of offices by professions
and trades rendering services.
"Camp, public": Any area or tract of land used or designed
to accommodate two (2) or more automobile trailers, including
trailer camps, or, two (2) or more camping parties, including tents
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or other camping outfits.
"Camp, Trailertt: See "Camp, Public".
"Club": An association of persons for some common non-profit
purpose but not including groups organized primarily to render a
service which is customarily carried on as a business.
"Convalescent Homes": See "Rest Homes":
"Dairy": An establishment or enterprise maintaining more than
0 two (2) cows for the commercial production and sale of milk and
dairy products.
"Dwelling": A building or portion thereof designed exclusive-
ly for residential purposes, including one -family, two-family and
multiple dwellings, but not including hotels, boarding and lodging
houses.
"Dwelling Unit": Two or.more rooms in a dwelling or apartment
hotel designed for occupancy by one family for living or sleeping
purposes, and having only one (1) kitchen.
"Dwelling, One-FamilyW: A detached building designed exclu-
sively for occupancy by one family.
"Dwelling, Two-family": A building designed exclusively for
occupancy by two families living independently of each other.
"Dwelling, Multiple": A building, or portion thereof, designed
for occupancy by three or more families living independently of
each other.
"Educational Institutions": Colleges or universities supported
wholly or in part by public funds and other colleges, universities
or other schools giving general academic instruction, as deter-
mined ty the Otate Board of Education.
"Family": An individual, or two (2) or more persons related
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by blood or marriage, or a group of not more than five (5) persons,
excluding servants, who are not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
"Filling Station", A business establishment for the sale at
retail of motor fuel or oil to motor vehicles, new and used tires
and batteries, and incidental service thereof.
"Garage, public": A building other than a private garage used
for the care, repair or , e quipping of automobiles or where such
vehicles are kept for remuneration, hire, or sale.
"Group houses": Two or more separate buildings each con-
taining one or more dwelling units.
"Guest Home ": See ItRe st Homes"
"Guest House": See "Accessory living quarters".
"Home Occupations": An occupation carried on by the occupant
of a dwelling as a secondary use in connection -with which there is
no display; no stock in trade nor commodity sold upon the premises;.
no person employed; and no mechanical equipment used except as is
necessary for housekeeping purposes provided certain specialized
non domestic equipment, with appropriate limitations, may be
authorized through the medium of a conditional variance as pro-
vided in part I of Section 16 of this Ordinance.
"Hotel": A building in which there are six or more guest rooms
where lodging with or without meals is provided for compensation,
and where no provision is made for cooking in any individual room
or suite. Jails, hospitals, asylums, sanitariums or orphanages,
prisons, detention homes or similar buildings where human beings are
housed and detained under legal restraint are specifically not in-
cluded.
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"Kitchen",-:V Any room used or intended or designed to be used
for cooking or the preparation of food.
"Loading Space": An off-street space or berth on the same lot
with a building, or contiguous to a group of buildings, for the
temporary parking of a commercial vehicle while loading or unload-
ing merchandise or materials.
"Lodging House": A building with not more than five (5) guest
rooms where, for compensation, lodging is provided for five (5) but
not more than ten (10) persons.
"Lot": A parcel of real property as shown as a delineated
parcel of land with a number or other designation on a plat re-
corded in the office of the County Recorder of Los Angeles County,
or two (2), a parcel of real property not so delineated and con-
taining not less than seven thousand five hundred (7,500), eleven
thousand (11,000), and twenty. thousand (209000) square feet re-
spectively within those several areas delineated upon the zoning
map which is a part hereof, and abutting at least one public
street, and held under separate ownership from adjacent property
prior to the effective date of this ordinance; or (3), a portion
of real property not so delineated containing not less than seven
thousand, five hundred (7,500), eleven thousand (11,000), and
twenty thousand (20,000) square feet, respectively, within those
several areas delineated upon the zoning map which is a part hereof,
abutting at least one public street or alley, if the same was a
portion of a larger piece of real property held under the same
ownership prior to the said effective date of this ordinance.
"Lot area": The total horizontal area within the lot lines of
a lot.
"Lot, Corner": A lot situated at the intersection of two (2)
or more streets, having an angle of intersection of not mote than
one hundred thirty-five (135) degrees.
"Lot depth": The horizontal distance between the front and
rear lot lines, measured in the mean direction of the side lot lines.
"Lot, interior": A lot other than a corner lot.
"Lot, key": The first lot to the rear of a reversed corner lot
0 and whether or not separated by an alley.
"Lot, reversed corner": A corner lot, the side street lire of
which is substantially a continuation of the front lot line of the
lot upon which it rears.
"Lot, through": A lot having frontage on two (2) parallel or
approximately parallel streets.
"Lot, width": The horizontal distance between the side lot
lines measured at right angles to the lot depth at a point midway
between the front and rear lot lines.
"Lot line, front": In the case of an interior lot, a line
separating the lot from the street, and the line separating the
narrowest street frontage of the lot from the street in the case
of a corner lot.
Lot line rear": A lot line which is opposite and most
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distant from the front lot line and, in the case of an irregular,
triangular or goreshaped lot, a line ten (10) feet in length with-
in the lot parallel to and,at the maximum distance from the front
lot line.
Lot line, side": Any lot boundary line not a front lot line
or a rear lot line.
"Mote 1 It: See "Tourist Court".
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"Non -conforming Building": A building or portion thereof
lawfully existing at the time this ordinance became effective and
which was designed, erected or structurally altered for, a use
which does not conform to the use zone in which it is located, or
which does not comply with all the height and area regulations of
the zone in which it is located.
"Non' -conforming Use": A use which lawfully occupied a build-
ing
or land at the time this
ordinance became
effective,
and which
does
not conform with the use
regulations of
the zone in
which it
is located.
"Parking area, public": An open area other than a street, alley
or place, used for the temporary parking of More than four (4)
automobiles and available for public use whether -free, for compen s a-
tion or as an accommodation for clients or customers.
"Parking space, automobile": Space within a building or park-
ing area for the temporary parking or storage of one -(1) automobile.
"Place": An open, unoccupied space other than a street or alley,
permanently reserved as the principal means of access to abutting
property.
"Rest Homes{1: Same as boarding house, but permitting nursing,
dietary and other personal services rendered to convalescents, in-
valids and aged persons, but excluding cases of contagious or
communicable diseases, and excluding surgery or primary treatments
such as are customarily provided in sanitariums and hospitals.
"Schools, Elementary and High": An institution of learning
which offers instruction in the several branches of learning and
study required to be taught in the public schools by the Educa-
tion Code of the State of California.
"Stable, private": A detached accessory building for the
keeping of horses owned by the occupants of the premises, and not
kept for remuneration, hire or sale.
"Stable, public": A stable other than a private stable.
"Story".* That portion of a building included between the
surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between such floor
. and the ceiling next above it.
"Street": A public or private thoroughfare which affords
principal means of access to abutting property.
"Street, side": That street bounding a corner lot and which
extends in the same general direction as the line determining the
width of the lot.
"Street linet+: The boundary line between street and abutting
property.
"Structure": Anything constructed or erected, which requires
location on the ground or attached to something having a location
on the ground, but not including fences or walls used as fences
less than six (6 ) feet in height.
"Structural alterations": Any changes in the supporting mem-
bers of a building such as bearing walls, columns,.beams, floor
or roof joists, girders, or rafters or changes in roof or exterior
lines.
"Super service station": A filling station to supply motor fuel
and oil to motor vehicles, and including grease racks, wash racks,
or pits, tire repairs including recapping, but with equipment
limited to four molds, battery servicing and repairing, ignition
service, accessory sales and other customary services for automobiles,
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but excluding painting, body work and steam cleaning.
,,Tourist Court": A group of attached or detached buildings
containing individual sleeping or living units with garage attached
or parking space conveniently located to each unit, ' all for the
temporary uses by automobile tourists or transients; includes auto
courts, motels or motor lodges.
. "Trailer, automobile": A vehicle without motor power, designed
to be drawn'by a motor vehicle and to be used for human habitation
and for carrying persons and property, including a trailer coach.
Includes also a self-propelled vehicle having a body designed for
the same uses as an automobile trailer.
"Trailer Court": See "Camp, public".
"Use": The purpose of which land or building is arranged,
designed or intended, or for which either is or may be occupied
or. maintained.
"Yard": An open space other than a court, on a lot, unoccupied
and unobstructed from the ground upward.
"Yard, Front": A yard extending across the full width of the
lot, the depth of which is the minimum horizontal distance between
• the front lot line and a line parallel thereto on the lot.
"Yard, Rear": A yard extending across the full width of the
lot between the main building and the rear lot line; the depth of
the required rear yard shall be measured horizontally from the
nearest part of the main building toward the rear lot line.
"Yard, side": A yard between the main building and the side
lot line, extending from the front yard, or front lot line where no
front yard is required to the rear yard; the width of the required
side yard shall be measured horizontally from the nearest point of
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a side lot line toward the nearest part of a main building.
SECTION 3:: ESTABLISHING ZONES AND LIMITING THE USES OF LAND THEREIN.
In order to classify, regulate, restrict and segregate the uses
of land and buildings, to regulate and restrict the height and bulk
of buildings and to regulate the area of yards and other open spaces
about buildings, and to regulate the density of population, ten (10)
• classes of zones are established to be known as follows:
R-A.- Residential Agricultural Zone.
R-1 - One -family Zone.
R-2 - Two-family Zone.
R-3 - Multiple -family Zone.
P-1 - Automobile Parking Zone.
C-1 - Neighborhood Commercial Zone.
C-2 - General Commercial Zone.
C-3 - Heavy Commercial Zone.
M-1 - Light Manufacturing Zone.
M-2 - Heavy Manufacturing Zone.
which said several zones are hereby established, and which said
classifications and zones are shown and delineated on the Zoning
Map of the City of West Covina, which is attached .hereto and adopted
hereby and made a part hereof.
Changes in the boundaries of any such zones may and shall be
made by ordinance.
lWhere uncertainty exists as to the boundaries of any zone shown
• upon said zoning map, the following rules shall apply.
(a) Where such boundaries are indicated as approximately follow-
ing -street and alley lines or lot lines, such lines shall be con-
strued to be such boundaries;
(b) In the case of unsubdivided property and where a zone
boundary divides a lot, the location of such boundaries, unless the
same are indicated by dimensions, shall be determined by use of
the scale appearing on said zoning map;
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(c) Where a public street or alley is officially vacated or
abandoned, the regulations applicable to abutting property shall
apply to such vacated or abandoned street or alley;
(d) Any property which, for any reason, is not designated on
the zoning map as being classified in any of the zones established
hereby, or any property annexed to or consolidated with the City of
West Covina subsequent to the effective date of this ordinance
shall be deemed to be classified as IT-l" and with twenty thousand
(20,000) square feet minimum area requirement until the same shall
have been otherwise classified in the manner set forth in Section
16 hereof.
The boundaries of such zones as are shown upon the zoning map
adopted by this ordinance are hereby adopted and approved and the
regulations of this ordinance governing the use of land and build-
ings, the height of buildings,'and size of yards about buildings
and other matters as herein set forth are hereby established and
declared to be in effect upon all land included within the bound-
aries of each and every zone shown upon the said zoning map.
Except as hereinafter provided:
• 1. No building shall be erected and no existing building shall
be moved into, reconstructed, structurally altered, added to, or
enlarged, nor shall any building, land or premises be used, designed
or intended to be used for any purpose other than a use listed in
Sections 4, 5, 62 7, S, 9, 10, 11, 12, and 13 of this ordinance, or
amendments thereto, for the zone in which such land, buildings or
premises is located.
2. No building shall be erected, nor shall any existing build-
ing be moved, reconstructed, added to, enlarged or structurally
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altered to exceed in height the limit established by Sections
4, 5, 6, 7, 8, 99 10, 11, 12 and 13 of this ordinance, or amend-
ments thereto, for the zone in which such building is located.
3. No building shall be erected, nor shall any existing
building be moved,.structurally altered, added to, enlarged,
reconstructed or rebuilt nor shall any open spaces surrounding
• any building be encroached upon or reduced in any manner except
in conformity with the building -site requirements and the area
and yard regulations established by Sections 4, 51 61 71 8, 99 10,
11, 129 and 13 of this ordinance, or amendments thereto, for the
zone in which such building is located.
4. No yard or other open space provided about any building
for the purpose of complying with the regulations of this ordinance,
or amendments thereto, shall be considered as providing a yard or
open space for any other building or structure.
5 V"Ihile a non -conforming use exists on any lot no other use
of a more restricted classification shall be permitted, even though
such other use would otherwise be a conforming use.
SECTION 4: "R-A." RESIDENTIAL AGRICULTURAL ZONE.
• The following regulations shall apply in the "R-Al' Residential
Agricultural Zone unless otherwise provided in this ordinance.
A.. USE.
1. One -family dwelling of a permanent character placed in
permanent location, provided that on sites containing ten (10) or
more acres there may be additional housing for hired agricultural
workers provided it shall not be located within the prescribed
required yard space. Private garages to accommodate not more than
four (4) cars, provided that additional garages or implement shelter
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may be erected, maintained and used on sites of ten (10) acres or
more, and provided that the same shall not occupy any required yard
il space.
2. Nome occupations, agricultural crops, greenhouses, fruit
trees, nut trees, nurseries for producing trees, vines and other ,
horticultural. stock, poultry for domestic, non-commercial use (not
• to exceed 24 birds), keeping of one cow for private use in areas
of not less than one (1) acre; or on sites of two -acres or more there
may be three (3) cows or horses, or six (6) sheep or goats, per
acre of ground devoted to feed for same (dairies excluded), not more
than two (2 ) private saddle horses for private use on sites having
an area of not less than twenty thousand (20,000) square feet; not
to exceed three (3) hogs (unweaned litters excepted) on sites of
not less than one (1) acre; public parks exclusive of ball or
recreational parks where racing or contests are conducted, and ex-
cluding public amusement devices for hire; provided that the keeping
of all domestic animals provided for herein shall conform to other
provisions of law governing same and provided further that no such
fowl or animal, nor shall any pen, coop, stable, barn or corral be
• located or maintained within fifty (50) feet of any residence,
dwelling or other building used for human habitation or within
forty (40) feet of any portion of adjoining property other than
the rear yard thereof, nor within one hundred (100) feet of any
street.
3. One (1) unlighted sign not exceeding six (6) square
feet in area pertaining only to the sale, lease or hire of only
the particular building, property or premises upon which displayed;;
name plates not exceeding four inches by sixteen inches, containing
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name.and occupation of occupant of premises when required by law
or for physicians when used as an accessory under sub -paragraph 4
of paragraph "A" of this Section. No other advertising signs,
structures or devices of any character shall be permitted any "R-A"
Residentail Agricultural Zone except one sign not larger than
three (3) feet by four (4) feet, identifying and advertising products
produced on the premises as permitted by this ordinance.
• 4. Maintaining mail address for commercial and business
license purposes only, provided no stock in trade, supplies,
professional equipment, apparatus, or business equipment are kept
on the premises, and provided that no employees or assistants
are engaged for services on the premises.
5. Storage of petroleum products for use on the premises.
B. BUILDING HEIGHT.
Two (2) stories and not to exceed thirty-five (35) feet
except as provided in Sections 14 and 15.
C. FRONT YARD.
There shall be a front yard of not less than twenty-five
(251/11.) per cent of the depth of the lot provided such front yard
• need not exceed thirty-five (35) feet except, where lots comprising
forty (40%) per cent or more of the frontage on one side of a street
between intersecting streets are developed with buildings having
an average front yard with a variation of not more than six (6)
feet, no building hereafter erected or structurally altered shall
project beyond the average front yard line so established.
D. SIDE YARD.
On interior lots there shall be a side yard on each side of
a building of not less than ten (10/,!) per cent of the width of the
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lot, provided that such side yard shall be not less than five (5)
feet in width on lots having the required area of seven thousand
five hundred (7,500) square feet; and need not exceed seven.(7)
feet in width on lots having therequired minimum of eleven thousand
(11,000) square feet.
On corner lots the side yard regulations shall be the same
•
as
for
interior lots except
in the
case
of
a reversed
corner
lot.
In
this
case there shall be
a side
yard
on
the street
side of
the
corner lot of not less than fifty (50f.) per cent of the front yard
required on the lots in the rear of such corner lot, and no accessory
building on said corner lot shall project beyond the front yard line
on the lots in the rear; provided further, that this regulation
shall not be so interpreted as to reduce the buildable width (after
providing the required interior side yard) of a reversed corner lot
of record at the time this ordinance became effective, to less than
twenty-eight (28) feet,,nor to prohibit the erection of an accessory
building where this regulation cannot reasonably be complied with.
E . REAR YARD.
• There shall be a rear yard of not less than twenty-five (25%)
percent of the depth of the lot, provided such rear yard need not
exceed twenty-five (25) feet.
F. LOT AREA PER FAMILY.
Every main building hereafter erected or structurally
altered shall have a lot area as follows:
a. In unsubdivided acreage the minimum area per develop-
ment shall be not less than two (2) acres:
b. In subdivided areas having record lots of two (2) acres
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or larger, the same may be further divided into lesser areas either
by the filing of a new subdivision map, or by securing a conditional
variance as •provided in this ordinance.
e. In subdivided areas having record lots of less than two
(2) acres, the minimum lot area shall be seven thousand five hundred
(7,500), eleven thousand (11,000) and twenty thousand (209000)
square feet, respectively within those several areas delineated upon
the zoning map which is a part hereof.
Provided, however, that where a lot has less area than here-
in required, and was of record at the time this ordinance became
effective, said lot may be occupied by not more than one family.
SECTION 5: "R-11" ONE -FAMILY ZONE. .
The following regulations shall apply in the "R-1" One -family
Zone unless otherwise provided in this ordinance.
A. USE.
1. One -family dwellings of a permanent character placed
in permanent location. Private garages to accommodate not more
than four (4) cars.
• 2. Private greenhouses and horticultural collections,
poultry for domestic, non -,-commercial use (not to exceed 24 birds),
public parks, flower and vegetable gardens, fruit trees.
3. One (1) unlighted sign not exceeding six (6) square feet
in area pertaining only to the sale, lease, or hire of only the
particular building, property or premises upon which displayed; name
plates not exceeding 24" x 6" containing name and occupation of
occupant of premises when required by law or for physicians when used
as accessory under subparagraph 4 of Paragraph A of this section.
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No other advertising sign, structure or device of any character
shall be permitted in any 11R-111 One -family Zone.
40 Maintaining mail address for commercial and business
license purposes only, provided no stock in trade, supplies, pro-
fessional equipment, apparatus or business equipment are kept on
the premises, and provided that no employees or assistants are
engaged for services on the premises.
• 5. Underground storage of petroleum products for use on
the premises.
6. Transitional Use, subject to the following conditions:
a. Two-family dwellings when the side of a lot in the
"R-1', Zone abuts upon property zoned for "R-311, 17-1111 "C-1119 "C-2119
11C-311, 1IM-111, or "M-2" Zones. In no case shall the lot on which
such transitional use is located have a width of more than sixty
(60) feet devoted to the transitional use.
B. HEIGHT.
Two and one-half (22) stories and not to exceed thirty-
five (35) feet, except as provided in Sections 14 and 15.
C. 'FRONT YARD.
• There shall be a front yard of not less than twenty-five
(25%,') per cent of the depth of the lot provided such front yard need
not exceed twenty-five (25) feet except, where lots comprising
forty (40,) per cent or more of the frontage on one side of a street
between intersecting streets are developed with buildings having
an average front yard with a variation of not more than six (6)
feet, no building hereafter erected or structurally altered shall
project beyond the average front yard line so established.
D. SIDE YARD.
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On interior lots there shall be a side yard on each side
of a building of not less than ten (10%) per cent of the width of
the lot, provided that such side yard shall be not less than five
(5) feet and need not exceed five (5) feet in width on lots having
the required area of seven thousand five hundred (7,500) square
feet; and need not exceed seven (7) feet in width on lots having
the required minimum of eleven thousand (11,000) square feet.
• On corner lots the side yard regulation shall be the same
as for interior lots except in the case of a reversed corner lot.
In this case, there shall be a side yard on the street side of
the corner lot of not less than fifty (50%) per cent of the front
yard required on the lots in the rear of such corner lot, and no
accessory building on said lot shall project beyond the front yard
line on the lots in the rear; provided, further, that this regu-
lation shall not be so interpreted as to reduce the buildable width
(after providing the required interior side yard) of a reversed
corner lot of record at the time this ordinance became effective
to less than twenty-eight (28) feet, nor to prohibit the erection
of an accessory building where this regulation cannot reasonably
• be complied with..
E. REAR YARD.
There shall be a rear yard of not less than twenty-five
(25.6;) per cent of the depth of the lot, provided such rear yard need
not exceed twenty-five (25) feet.
F. LOT AREA PER -FAMILY.
Every main building hereafter erected or structurally
altered shall have a lot area as follows:
a. In unsubdivided acreage the minimum area per development
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shall be not less than two (2) acres.
b. In subdivided areas having record lots of two (2) acreas
or larger, the same may be further divided into lesser areas either
by filing of a new subdivision map, or by securing a conditional
variance as provided in this ordinance.
C. In subdivided areas having record lots of less than two
(2) acres, the minimum lot area shall be seven thousand five hundred
• (7,500), eleven thousand (11,000), and twenty thousand (20,000)
square feet, respectively, within those several areas delineated
upon the zoning map which is a part hereof.
Provided, however, that where a lot has less area than
herein required, and was of record at the time this ordinance became
effective, said lo,t may be occupied by not more than one family.
SECTION 6: "R-2" TWO-FAMILY ZONE.
The following regulations shall apply in the "R-2" Two-family
Zone unless otherwise provided in this ordinance.
A. USE.
1. Any use permitted in the "R-111 One -family Zone.
2. Two-family dwellings, provided that where a one -family
• dwelling exists on a lot on the effective date of this ordinance,
a second one -family dwelling will be allowed provided the front and
side yard requirements are conformed to, and provided further that
the space between such one -family dwellings on the same lot, and
the depth of the rear yard shall each be not less than fifteen (15)
feet.
3. Elementary, Junior High and High Schools offering full
curricula as required by State Law, churches, public playgrounds.
4. Uses customarily incident to any of the above uses.
- 20-
5. Accessory buildings including garage space for not to
exceed four (4 ) cars.
6. Required parking space (see. Section 14).
7. Transitional uses shall be permitted as follows:
a. A four -family dwelling where the side of a lot in the
"R-2" Two-family Zone abuts upon a lot zoned for multiple -family
dwellings, commercial or industrial purposes.
• b. A public parking area where the side of a lot in the
"R-211 Two-family Zone abuts upon a lot zoned for commercial or
industrial purposes and is developed as required in Section 14.
c. In no case shall the lot on which such transitional
use is located have a width of more than sixty (60) feet.
B. HEIGHT.
No building hereafter erected or structurally altered shall
exceed two and one-half (22) stories, or thirty-five (35) feet.
C. FRONT YARD.
There shall be a front yard of not less than twenty-five
(25/0'ol) per cent of the depth of the lot provided such front yard need
not exceed twenty (20) feet except where lots comprising forty (40)
• per cent or more of frontage on the one side of a street between
intersecting streets are developed with buildings having an average
front yard with a variation of not more than six (6) feet, no build-
ing hereafter erected or structurally altered shall project beyond
the average front yard line so established.
D. SIDE YARD.
Same as "R-1 ". Zone,
E. REAR YARD.
Same as "R-l" Zone.
F. LOT AREA PER FAMILY.
- 21-
,Lot area per family for single-family dwellings shall be
the same as in "R-111 One -family Zone and every two: --family dwelling
hereafter erected or structurally altered shall have a lot area per
family of not less than one-half of the required minimum lot area
as indicated on the map. Provided, however, that where a lot has
less area than herein required and was of record at the time this
ordinance became effective, said lot may be occupied by not more than
one family.
SECTION 7: "R-311 MULTIPLE -FAMILY ZONE.
The following regulations shall apply in the "R-3t' Multiple -
family Zone, unless otherwise provided in this ordinance.
A. USE.
No building or land shall be used and no building shall be
hereafter erected or structurally altered, except for the following
uses:
1. Any use permitted in the "R-211 Two-family Zone.
2. Multiple dwellings.
3. Group houses.
4. Boarding and lodging houses.
5. Motels - Auto Courts.
6. Hotels, in which incidental business may be conducted
for the convenience of the residents of the building) provided that
there is no entrance to such place of business except from the inside
of the building, and no sign visible from the outside advertising
such business.
7. Private clubs, fraternities, sororities and lodges,
excepting those the chief activity of which is a service customarily
carried on as a business.
-22-
8. Accessory buildings and uses customarily incident to
any of the above uses, when located on the same lot and not involv-
ing the conduct of a business, including servant's quarters when
located not less than seventy (70) feet from any other street line;;
private or storage garages constructed as a part of the main build-
ing, or servants' quarters erected above private garages.
9. Name plates not exceeding two (2) s-cquare feet in area
0 containing the,name and occupation of the occupant of the premises;,
identification signs not exceeding twenty (20) square feet in area
for multiple dwellings, hotels, clubs, lodges, hospitals, institu-
tions and similar permitted uses, and signs not exceeding twelve
(12) square feet in area appertaining to the sale or tental of the
property on which they are located; provided, however, that no
name plate or advertising sign of any character shall be permitted.
11. Parking space (see Section 14).
12. Transitional use subject to the following conditions:
a. A public parking area where the side of a lot in the
"R-3" Multiple -family Zone abuts upon a lot zoned for commercial
or industrial purposes.
• b. In no case shall the lot on which such transitional
use is located have a width of more than sixty (60) feet.
B. HEIGHT.
No building hereafter erected or structurally altered shall
exceed twn..and one-half (21) stories or thirty-five (35) feet.
C . FRONT YARD.
There shall be a front yard of not less than twenty (20%)
per cent of the depth of the lot, provided such -front yard need not
exceed fifteen (15) feet, except where lots comprising forty (40f)
per cent or more of the frontage on one side of a street between
- 23-
intersecting streets are developed with buildings having an average
front yard with a variation of not more than six (6) feet, no
building hereafter erected or structurally altered shall project
beyond the average front yard line so established. However, in no
case shall a front yard of more than forty (40) feet be required.
D. SIDE YARD.
On interior lots there shall be a side yard on each side
• of the building of not les s than ten (10g) per cent of the width
of the lot, provided that such side yard shall be not less than
five (5) feet in width on lots having the required area of seven
thousand five hundred (7,500) square feet;; and need not exceed
seven (7) feet in width on lots having the required minimum of
eleven thousand (119000) square feet.
On corner lots the side yard regulation shall be the same
as for interior lots except in the case of a reversed corner lot.
In this case, there shall be a side yard on the street side of
the corner lot of not less than fifty (501) per cent of the front
yard required on the lots in the rear of such corner lot, and no
accessory building on said corner lot shall project beyond the
front yard line on the lots in the rear; provided, further, that
this regulation shall not be so interpreted as to reduce the
buildable width (after providing the required interior side yard)
of a reversed corner lot of record at the time this ordinance be-
came effective.to less than twenty-eight (28) feet nor to prohibit
the erection of an accessory building where this regulation cannot
reasonably be complied with.
E. REAR YARD.
There shall be a rear yard of not less than twenty-five
(255�.) per cent of the depth of the lot, provided such rear yard need
-24
not exceed twenty (20) feet for interior lots nor fifteen (15)
feet for corner lots.
F. LOT AREA PER FAMILY.
Every main building hereafter erected or structurally
altered shall have a lot area of not less than seven hundred fifty
i
(750) square feet per family; provided, however, that these
regulations shall not apply to hotels or apartment hotels where no
cooking is done in any individual room, suite or apartment.
SECTION 8:: "P-111 AUTOMOBILE PARKING ZONE.
The following regulations shall apply in the "P-1" Automobile
Parking Zone unless otherwise provided in this ordinance:
A. USE.
No building or land shall be used and no building shall
hereafter be erected or structurally altered, except for the
following uses:
1. Any use permitted in the IIR-3« Multiple -family Zone,
and when so used subject to all of the provisions contained in the
Section defining said zone.
2. Open air, temporary parking of transient automobiles,
provided that the areas so classified and used shall conform to the
• provisions of Section 14, Paragraph (A) Use, titled "Non -conforming
Buildings and Uses", sub —paragraph 'If", and provided that areas
classified as "PI-l" shall not be used for "used car sales areas".
B. HEIGHT.
Same as in #R-3" Multiple -family Zone.
C. FRONT YARD.
Same as in. 'IR-311 Multiple -family Zone.
D. SIDE YARD.
Same as in 1IR-31I Multiple -family Zone.
-25-
E . REAR YARD.
Same as in "R-311 Multiple -family Zone.
SECTION 9: "C-111 NEIGHBORHOOD COPJMERCIAL ZONE.
The following regulations shall apply in the IIC-111 Neighborhood
Commercial Zone unless otherwise provided in this ordinance. Build-
ings erected or structurally altered and used exclusively for
dwelling purposes shall comply with the front, side and rear yard
•
regulations of the IIR 111 Zone.
A. USE.
No building or land shall be used and no building shall be
hereafter erected or structurally altered, except for one or more
of the following uses:
1. Any uses permitted in the "R-311 Multiple -family Zone,
except Motels and Auto Courts.
2. Bakery (employing not more than five (5) persons on
premises).
3. Barber shop or beauty parlor.
4. Book or stationery store.
5. Confectionery store.
6. Dressmaking or millinery shop.
•
7. Drug store.
8. Dry goods or notions store.
9. Filling station (excluding super -service stations).
10. Florist shop.
11. Grocery or fruit store.
12. Hardware store.
13. Jewelry store.
14. Laundry or clothes cleaning agency.
15. Meat market or delicatessen store.
-26-
16. Office, business or profes sional, except Real Estate
Agencies.
17. Restaurant, tea room or cafe (excluding dancing or
Entertainment ).
18. Shoe store or repair shop.
19. Tailor, clothing or wearing apparel shop.
The above specified stores, shops or business shall be
• retail establishments selling new merchandise only, and shall be
subject to the following conditions:
a. Such stores, .shops or businesses, except filling stations
shall be conducted entirely within a building.
b. Products made incident to a permitted use shall be sold
at retail on the premises.
C. All public entrances to such stores, shops or businesses
shall be from the principal street upon which the property abuts or
within fifty (50) feet thereof, except that a rear entrance from the
building to a public parking area may be provided.
d. Any exterior sign display6d shall be attached to and
be parallel with the wall of the main building fronting the principal
• street or in the case of a corner building, on that portion of the
side street wall within fifty (50) feet of the principal street and
shall pertain only to the use conducted within the building, nor
shall any such sign extend above the wall of the main building.
e. All exterior walls of every commercial building which
faces a street or property classified in any "R" Zone hereafter
erected, extended or where the exterior is structurally altered,
shall be designed, treated and finished in a manner similar to the
other exterior surfaces of such buildings.
27_
20. Accessory buildings and uses customarily incident to
any of the above uses when located on the same lot.
21. Parking space (see Section 14).
22. Public parking area for the exclusive use of the patrons
of the stores, shops or businesses in the immediate commercial
zone, when located and developed as required in Section 14.
B. HEIGHT.
0 No building hereafter erected or structurally altered shall
exceed two and one-half (22) stories or thirty-five (35) feet.
C. FRONT YARD.
There shall be a front yard of not less than ten (10le,) per
cent of the depth of the lot, provided such front yard need not exceed
fifteen (15) feet and further provided that this requirement shall
apply only if the frontage in 11C-111 is in the same block as, and is
a continuation of, contiguous frontage in an 11R11 classification.
D. SIDE YARD.
adhere a lot abuts upon the side of a lot in any 11RT1 Zone,
there shall be a side yard of not less than five (5) feet. Where
a reversed corner lot' rears upon a lot in any 11R11 Zone, the side yard
on the street side of the reversed "corner I lot shall be not less
than fifty. (50g) per cent of the front yard required on the lots in
the rear of such corner lot. In all other cases, a side yard for a
commercial building shall not be required.
E. REAR YARD.
There.shall be a rear yard having a depth of not less than
fifteen (15) feet.
F. LOT AREA PER FAMILY.
Every main building hereafter erected or structurally
-28-
altered shall have a lot area of not less than seven hundred and
fifty (750) square feet per family.
SECTION 10: IIC-211 GENERAL COMMERCIAL ZONE.
The following regulations shall apply in the "C-211 General
Commercial Zone unless otherwise provided in this ordinance. Build-
ings erected or structurally altered and used exclusively for
dwelling purposes shall comply with the front, side and rear yard
regulations of the "R-311 Zone.
A. USE.
No building or land shall be used and no building shall
be hereafter erected or structurally altered except for one or more
of the following uses:
1. Any use permitted in the IIC-111 Zone.
2. Retail stores or businesses not involving any kind
of manufacture processing or treatment of products other than that
which is clearly incidental to the retail business conducted on the
premises and provided that not more than five (5) persons are em-
ployed in manufacture, process ing or treatment of products, and that
such operations or products are not objectionable due to noise, odor,
dust, smoke, vibration or other similar causes-0 and provided also
that 'unless otherwise permitted all such uses be conducted inside of
buildings. I
3 Bank.
4. Blueprinting and Ph6tostating.
5. Bird store or pet shop.
6. Conservatory of Music.
7. Department store.
8. Electric appliance stores and repairs.
9. Fire and Police Station.
-29-
10. Furniture store. (Principally new merchandise and
wholly contained in a building).
11. Interior decorating store.
12. Motels, Auto Courts, (subject to review as provided
in Section 15; Part I, B of this Ordinance.
13. Music or vocal instructions.
14. Music store.
0 15, News Stand.
16. Public parking area when located and developed as
required in Section 14.
17. Radio Store.
18. Real Estate Agencies.
19. Studios (except motion picture).
20. Telephone Exchange.
21. Theatre or Auditorium.
22. Used Car Sales Area, provided (a) that no repair or
reconditioning of automobiles shall be permitted, except when en-
closed in a building and (b) that such area is located and developed
as required in section 14, A. Use, Paragraph 4, 'subparagraph (f )
and also subject to review as provided in Section 14, A. Use, 1.
General, sub -paragraph (d).
23.. Wedding Chapel.
24. Accessory buildings and -uses customarily incident to
any of the above uses when located on the same lot.
25, Parking Space. (See Section 14).
B. HEIGHT.
No building hereafter erected or structurally altered shall
exceed six (6) stories or seventy-five (75) feet.
-30-
C. FRONT YARD.
No front yard shall be required.
D. SIDE YARD.
No side yard shall be required.
E. REAR YARD.
Norear yard shall be required.
F. LOT AREA PER FAMILY.
• Every main building hereafter erected or structurally
altered shall have a lot area of not less than seven hundred and
fifty (750) square feet per family; provided, however, that this
regulation shall not apply to hotels or apartment hotels where
no cooking is done in any individual room suite V apartment.
SECTION 11: "C-3" HEAVY COMMERCIAL ZONE.
The following regulations shall apply in the "C-311 Heavy
Commercial Zone unless otherwise provided in this ordinance.
Buildings erected or structurally altered and used exclusively
for dwelling purposes shall comVy with the front, side and rear
yard regulations of the "R-3" Zone.
A. USE.
No building or land shall be used and no building shall be
• hereafrer erected or structurally altered, except for one or more
of the following uses:
1. Any use permitted in the "C-2" Zone.
2. Antique Store.
3. Automobile service station (not more than one (1)
grease and/or wash rack).
4. Bakery:
5. Baths, turkish and the like.
-31-
6. Billiard or Pool Hall.
7. Bottling plant.
8. Building material storage yard.
9. Cabinet shop.
10. Church, temporary revival.
11. Cleaning and pressing establishment using non -inflammable
and non -explosive cleaning fluid.
• 12. Electric distributing substations.
13. Feed and fuel yard.
14. Frozen food locker plants, (excluding wholesale
processing or cold storage).
15. Funeral Parlor.
16. Furniture warehouse for storing personal household
goods, provided ground floor front is devoted to stores.
17. Garage, public.
18. Ice storage house of not more than five (5 ) ton
capacity..
19. Laundry.
20. Lumber yard.
• 21. Medical laboratory.
22.. Nursery, flower, etc.
23. Sheet metal shop.
24. Storage garage (including repairing and servicing).
25. Super'Service Station.
26. Taxidermist.
27. Trade School (not objectionable due to noise, odor.,
Vibrations, etc.).
28. Truck repairing and overhauling.
-32-
29. Wholesale business, storage buildings, and warehouses.
30. Larking space (see Section 14).
No building; hereafter erected or structurally altered shall
exceed six (6) stories or seventy-five (75) feet.
C. FRONT YARD.
No front yard shall be required.
D. SIDE YARD.
• No side yard shall be . required.
E. REAR YARD.
No rear yard shall be required.
F. LOT AREA PER FAMILY.
Every main building hereafter erected or structurally
altered shall have a lot area of not 'less than seven hundred fifty
(750) square feet per family; provided, however, that this regu-
lation shall not apply to hotels or apartment hotels where no
cooking is done in any individual room, suite or apartment.
SECTION 12: "M-111 LIGHT MANUFACTURING ZONE.
The following regulations shall apply as in the I'M-1" Light
Manufacturing Zone unless otherwise provided in this ordinance.
Buildings erected or structurally altered and used exclusively
for dwelling purposes shall comply with the front, side and rear
yard regulations of the "R-311 Zone.
A. USE.
No building or land shall be used and no building shall
be hereafter erected or structurally altered, except for one or
more of the following uses:
1. Any use permitted in the "C-3" Zone.
2. Any kind of manufacture, processing or treatment of
-33-
products other than those which may be obnoxious or offensive by
reason of emission of odor, dust, smoke, gas, noise, vibration or
other similar causes.
3. Aircraft factory (no foundry).
4. Automobile assembly, body and fender works, when
operated or maintained wholly within a building.
5. Blacksmith shop.
. 6. Boat building, except shipbuilding.
7. Carpet cleaning plant.
8. Cleaning and dyeing plant.
9. Fruit and vegetable packing and shipping plants.
10. Contractor's plant or storage yard.
11. Creamery.
12. Dairy products manufacture.
13. Distributing Flant.
14. Draying, freighting or trucking yard or terminal.
15. Electric or Neon sign manufacture.
16. Equestrian establishments; academies, schools, amuse-
ments.
17. Food products manufacture.
18. Flour mill.
19. Furniture manufacture (carpenter shop).
20. Garment manufacture.
21. Ice and cold storage plant.
22. , Kennels, dog (7 or more adult dogs).
23. Laboratory, experimental, motion picture, testing.
24. Machine shop.
25. Mill, Planing.
-34-
26. Motion picture studio.
27. Paint mixing (not employing a boiling process):
28. Shoe manufacture.
29. Soap manufacture (cold mix only):
30. Stable or Riding academy.
31. Stone monument works.
32. Storage space for transit and transportation equipment
•
except freight classification yard.
33. Textile manufacture.
34. Tire rebuilding, recapping, retreading (limit of 4 molds).
35. Accessory buildings and uses customarily incident to any
of the above when located on the same lot.
36. Parking space (see Section 14).
B. HEIGHT.
No building hereafter erected or structurally altered shall
exceed six (6) stories or seventy-five (75) feet.
4
C. FRONT YARD.
No front yard shall be required.
D. SIDE YARD.
• No' side yard shall be required.
E . REAR YARD.
No rear yard shall be required.
F. LOT AREA PER FAMILY.
Every main building hereafter erected or structurally
altered shall have a lot of not less than seven hundred and fifty
(750) square feet per family; provided, however, that this regu-
lation shall not apply to hotels or apartment hotels where no
c000king is done in any individual room, suite or apartment.
-35-
SECTION 13 t 'tM-2'.1' HEAVY MANUFACTURING ZONE.
The following regulations shall apply in the I'M-2t' Heavy
Manufacturing Zone, unless otherwise provided in this ordinance.
A. USE.
No building or land shall be used and no building shall be
hereafter erected or structurally altered, .except for one or more
• of the following uses;, provided, however, that no -building or
portion thereof shall be hereafter erected, structurally altered,
converted or used for any use permitted in the +R-3t' Zone.
1. Any use permitted in the "M-1't Zone.
2. Acetylene Gas manufacture or storage.
3. Brick, the or terra cotta manufacture.
4. Concrete products manufacture (excluding manufacture
of cement).
.5. Freight classification yard.
6. Lamp black manufacture.
7. Oil cloth or linoleum manufacture.
8. Petroleum products, or wholesale storage of petroleum.
g. Plastic, manufacture of.
• 10. Pyroxlin manufacture.
11s Railroad repair shops.
12. Rubber, fabrication of products made from finished rubber.
13. Salt works.
14. Soap manufacture.
15. Soda and compound manufacture.
16. Stove or shoe polish manufacture.
17. And, in general, those uses which may be obnoxious or
offensive by reason of emission of odor, dust, smoke, gas, vibration,
-3 6-
noise and the like; provided, however, that -,no building or occupancy
permit shall be issued for any of the following uses until and unless
the location of such use shall have been approved by the City Plan-
ning Commission in the manner provided for dealing with Variances,
(Section 15, Part I, Paragraph B. )
a. Acid manufacture.
• b. Cement, lime, gypsum or plaster of paris manufacture.
c. Distillation of bones.
d. Drop forge industries manufacturing forgings and power
hammers.
e. Explosives, manufacture or storage.
f. Fat rendering.
g. Fertilizer manufacture.
h. Garbage, offal or dead animal reduction or dumping.
i. Gas manufacture.
J. Glue manufacture.
k. Oil extraction plants.
1. Petroleum refining.
m. Smelting,of'tin, copper, zinc or iron -,ores.
n. Stock yards or slaughter of animals.
o. Tannery.
p. Storage of baling of rags, paper, iron or junk.
q;. Used car junk areas.
r. Wineries.
18. Accessory buildings and uses customarily incident to any
of the above uses when located on the same lot.
19. Parking space. (see Section 14).
B. HEIGHT.
1 37-
r
No building hereafter erected or structurally altered shall
exceed a height at the street line of six (6) stories .or seventy-
five (75 ) feet.
C . FRONT YARD.
No front yard shall be required.
D. SIDE YARD.
• No side yard shall be required.
E. REAR YARD.
No rear yard shall be required.
SECTION 14: GENERAL PROVISIONS AND EXCEPTIONS.
A. USE.
1. General.
Except as hereinafter provided, no building shall be erected,
reconstructed, or structurally altered nor shall any building or
land be used for any purpose other than is permitted in the zone in
which such building or land is located. If any "use" is for any reason
omitted from the lists of those specified as permissible in each of
the various zones herein designated, or if ambiguity arises concern-
ing the approximate classification of a particular use within the
• meaning and intent of this ordinance, it shall be the duty of the
City Planning Commission_ to ascertain all pertinent facts concerning
said use and by resolution of record set forth its findings and the
reasons for designating a specific classification for each use and
such findings andresolutions shall be referred to the City Council
and, if approved by the City Council, thereafter such designated
classification shall govern.
(b ) When property classified for "C" uses has a depth of
one hundred and twenty (120) feet or less, as measured at approximate
-38-
right angle s' from the street frontage indicated as business frontage,
additional adjoining property may be used for "C" purposes when such
adjoining property fronts upon the side street and the side of such
adjoining property .abuts upon the property classified for "C" pur-
poses, and provided that such additional property be utilized only
in connection with and as a part of the development of "C" use on
the property classified therefor, that such additional property be
• not greater than sixty (60) feet in width measured along the side
street, and provided further that no entrance be established or used
upon such additional property, and provided further that if the
property classified for, +tC..',' uses has a depth of sixty (60) feet or
less measured as provided above, then the additional property per-
mitted to be used -in connection therewith in the manner above de-
fined may not exceed one hundred (100) feet additional, and no
entrance shall be established and maintained upon the fifty (50)
feet farthest removed from the "C" classified corner created by
the intersecting street.
(c) Where an area or areas are shown upon the zoning map
enclosed within a heavy dotted line, the areas thus indicated show
the
approximate location
of an area
of proposed future zone,
all or
any
part of which may be
changed to
the proposed future zone
as
indicated by the symbol enclosed within a circle in such area or
areas. Such areas are presently zoned as OR -A", or such as the
uncircumscribed symbols within such proposed future zone as may
appear thereon, the authorized use for all or any part of such a
proposed future zone may be changed to the designated proposed
future use as indicated by the symbol enclosed within a circle,
provided that, first, an Official Precise Plan is adopted in .the
-39-
manner provided by law, and the rights of way and/or easements
as required by said plan shall have been granted; and, second,
provided that the said area Shall have been subdivided according
to law in conformity to the said plan, or, provided that a variance
may be granted as hereinafter provided when the use granted by such
variance shall conform to the said Official Precise Plan, and the
improvements, rights of way, and/or easements as set forth in such
• plan shall have been provided for the areas for which such variances
may be granted, provided, further, such variance or variances shall
conform in their purpose and effect to carry out the provisions of
such formally adopted official plan of record.
(d) Any use in whatever zone, if not wholly enclosed in
a building, shall be subject to approval by the City Council after
a report thereon by the Planning Commission. Said report shall
stipulate desirable conditions and shall be based upon facts con-
tained in a written application to the City Planning Commission,
provided that no advertised public hearing need be held for the
consideration of matters provided for in this paragraph.
2. Parking Space.
•
Every
main building hereafter
erected or
structurally
altered shall
be provided with minimum
off-street
parking accommo-
dations as follows:
(a) For Dwellings there shall be at least one parking space
on the same lot with the main building for each dwelling unit and
such parking space shall_ be not less than eight (8) feet wide by
twenty (20) feet long, with adequate provisions for ingress and egress.
(b) For Buildings other than Dwellings there shall be at
least one parking space of two hundred and fifty (250) square feet
- 40-
on the same lot with the main building, or contiguous thereto as
follows:
1) For churches, High School, College and University!
auditoriums and other places of assembly, at lease one (1) parking
space for every ten (10) seats provided in said buildings.
2) For Hospitals and Institutions, at least one (1) parking
space for every two (2) beds provided in said building.
• 3) For Hotels and Clubs, at least one (1) parking space for
every three (3) guest rooms provided in said buildings.
4) For Theatres, Auditoriums and other similar places of
assembly, at least one (1) parking space for every five (5) seats
provided in said building.
(c) If garages are employed on the same site, the car
capacity thereof shall not exceed twice the number of required
parking spaces.
(d) For tourist courts, at least one (1) parking space
for each individual sleeping or living unit.
(e) For business or commercial buildings or structures,
or buildings devoted to commercial pruposes, at least ome(1)
•
parking
space
for each
five hundred
(500) square feet of
gross floor
area in
said
buildings
or structures
excluding automobile
parking
space .
Parking space as required above shall consist of an area -
not less than one hundred sixty (160) square feet per car capacity
required, plus adequate area for safe and convenient. ingress and
egress,. and such parking space shall be on the same lot with the
main building or structure, or located not more than three hundred
(300) feet therefrom.
-41-
3. Loading, Space.
(a) Every main building hereafter erected or structurally
altered in any "C" or "Mt' Zone, when such building is located upon
a site contiguous to a public alley, shall be provided with a mini-
mum off-street or off -alley loading space as follows:
1) One loading space for each six thousand (6,000) square
feet of lot area upon which said building is located; provided, how-
0 ever, that not more than two (2) such spaces shall be required, un-
less the building on such lot has a gross floor area of forty
thousand (40,000) square feet in which case there shall be one
additional loading space for each additional twenty thousand (20,000)
square feet in excess.of forty thousand (40,000) square feet, or
fraction thereof above five thousand (51000) square feet.
4. Non -conforming Buildings and Use s.
(a) If, on the effective date of this ordinance a temporary
one -family dwelling shall exist on the rear half of a lot, a one -
family dwelling may be erected and maintained on the front portion
of the same lot in the manner provided herein, whereupon the said
dwelling on the rear half of the lot shall assume the status of a
non -conforming use as defined herein.
(b) A non -conforming building may be continued provided
no additions or enlargements are made thereto and no structural
alterations are made therein, except those required by law or or-
dinance. If such non -conforming building is removed, every future
use of such premises shall be in conformity with the provisions of
this ordinance.
(c) The non -conforming use of a building existing at the
time this ordinance became effective may be continued, provided:
ti
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0"
1) That a non -conforming use of a non -conforming building
may be expanded or extended throughout such building provided nog
structural alterations except those required by law or ordinance are
made therein. If no structural alterations are made, a nonconform-
ing use of a non -conforming building may be changed to another use
of the same or more restricted classification.,
2) That a non -conforming use of a conforming building shall
shall not be expanded or extended into any other portion of the con-
forming building, and if such non -conforming use is discontinued, any
future use of such building shall be in conformity with the provisions
of this ordinance„ provided, however, that all non -conforming uses
of a conforming building shall be discontinued not later than three
(3) years from effective date of this ordinance.
3 ) That in all t'R" zones every non -conforming -building
which was designed or intended for use not permitted in such zone
shall be completely removed or altered to structurally conform to the
uses permitted in such zone within a time fixed by the City Planning
Commission and approved by the City Council. Such time for removal
or alteration may not be fixed for a date before the expiration of
the normal life of such building as found by said Commission and
City Council. In no event may the normal life of such building be
fixed at less than forty years from its original construction.
Such findings of the normal life of a non -conforming build-
ing and the fixing of time for its removal or alteration may only
be had after notice to the owner and hearing had thereon in the
manner provided for the consideration of variances.
No such order shall require the removal or alteration of
such a building within ten years from the time such order is made.
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When such an order is made, it shall be the duty of the Planning
Commission to give the owner of the building affected written notice
thereof immediately upon the order becoming final and again not less
than sixty (60) or more than ninety (90) days prior to the date such
removal or alteration is required to be complete.
4) That, subject to all other regulations of this section,
a building destroyed to the extent of not more than seventy-five (75)
• per cent of its reasonable value by fire, explosion or other casualty
or Act of God or the public enemy, may be restored and the occupancy
or use of such building or part thereof which existed at the time
of such partial destruction may be continued.
(d) The non -conforming use of land where -no structure there-
on is employed therefor, existing at the time this ordinance becomes
effective may be continued for a period of not more than three (3)
years therefrom, provided:
1) That no non -conforming use of land shall in any way be
expanded or extended either on the same or adjoining property.
2 ) That if the non -conforming use of land existing at the
time this ordinance became effective is thereafter discontinued or
0 changed, any future use of such land shall be in conformity with the
provisions of this ordinance.
3) That the lawful location and maintenance of commercial
signs and bill boards existing at the time this :ordinance became
effective may be continued although such use does not conform with
the provisions hereof; provided, however, that all such nonconform-
ing signs and billboards and their supporting members shall be
completely removed by their owners not later than three (3) years
from the effective date of this ordinance.
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(e) The foregoing provisions shall also apply to buildings,
land and uses which hereafter become non -conforming due to any re-
classification of zones under this ordinance.
(f ) All Itpublic" and "semi- public parking areas" and
"used car sales areas" herein permitted shall be improved as follows:
1) All such areas shall be paved or otherwise surfaced so
as to eliminate dust, and where such parking areas abut property
• classified for IIR" uses, it shall be separated therefrom by a solid
fence or gall six (6) feet in height, provided said fence, from the
front property line to a depth equal to the required front yard on
on the abutting "R" classified property, shall be three and one-half
(31) feet in height; and provided a fence may be erected along the
front property line to a height of three and one-half (32D feet and
provided where no fence is erected along any boundary of such park-
ing area abutting upon a street a suitable concrete curb or timber
barrier not less than six (6) inches in height shall be securely
installed and maintain.
2) Any lights provided to illuminate such parking areas
shall be so arranged as to reflect the light away from adjoining
. premises.
B. HEIGHT.
1. General.
Except as hereinafter provided, no building shall be
erected, reconstructed or structurally altered to exceed the
height limit herein established for the zone in which such
building is located.
2. Exceptions.
(a) One -family dwellings in the thirty-five (35) foot
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height zones may be increased in height by not more than ten
(10 ) feet when two (2 ) side yards of not less than fifteen (15 )
feet each are provided. Such dwellings, however, shall not exceed
th- ^e a (30.' storie s in height.
(b ) In the thirty-f ive- (35) foot height zones, public
or semi-public buildings, sbhools, or institutions may be erected
to a height not exceeding six (6) stot es or seventy-five (75) feet
• when the required front, side and rear yards are increased an
additional one (1) foot for each one (1) foot in height such build-
ings exceed thirty-five (35) feet.
(c) On through lots one hundred and fifty (150) feet or
less in depth, the height of a building may be measured from the
adjoining sidewalk level on either street. On through lots more
than one hundred and fifty (150) feet in depth, the height regu-
lations and basis of height measurements for the street permitting
the greater height shall apply to a depth of not more than one
hundred and fifty (150) feet from that street.
(d) Penthouses or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment
• required to operate and maintain the buildings, and fire or parapet
walls, skylights, towers, roof signs, flagpoles, chimneys, smoke-
stacks, wireless masts or similar structures may be erected above
the height limits herein prescribed, but no penthouse or roof
structures, or any space above the height limit shall be allowed
for the purpose of providing additional floor space.
C. AREA.
1. General.
(a) Except as hereinafter provided,
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1) No lot area shall be so reduced or diminished that
the yards or other open spaces shall be smaller than prescribed by
this ordinance, nor shall the density of population be increated
in any manner except in conformity with the regulations established
herein.
2') No yard or dither open space provided around any building
for the purpose of complying with the provisions of this ordinance
shall be considered as providing a yard or open space for any other
building, provided further, that no yard or open space on an ad-
joining property shall be considered as providing a yard or open
space on a lot wherein a building is to be erected.
3) Every building hereafter erected shall be located on a.
lot as herein defined and in no case shall there be more than one .(1)
main building and its accessory buildings on one (1) lot except as
hereinafter provided.
4) Through lots one hundred and forty (140) feet or more
in depth may be improved as two (2) separate lots with the dividing
line midway between the street frontages, and each resulting half
shall• be subject to the controls applying to the street upon which
Is each such half faces, except that the required maximum front and
rear yard may each be reduced to ten (10) feet for lots the total
depth of which is less than one hundred and sixty (160) feet and
provided that if the whole of such through lot is improved as one
building -site no accessory building shall be located closer to
either street than the distance constituting the required front yard
on such street.
5) Every individual parcel of land at the time it was first
zoned shall be deemed to be one lot, and not more than one main
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building shall be permitted on said parcel of land unless all
regulations herein established are complied with or a subdivision
tract map is recorded with the Recorder of Los Angeles county.
6) Every required front, side or rear yard shall be open
and rtnobstrueted from the ground to the sky.
(b) Where two-family dwellings or multiple -family dwellings
not exceeding two and one-half (22) stories in height are arranged
so as to rear upon the side yards, the following regulations shall
apply:
1) In the case of group houses or court apartments, such
required side yards shall be increased by one (1) foot for each
entrance or exit opening into or served by such side yard, as re-
quired in this provision. Open, unenclosed porches not extending
above the level 'of the first floor may project into the required
width of such place or court, a distance of not more than twenty
(20%) per cent, and in no case more than six (6) feet.
2 ) In the case of a row of dwellings arranged so as to
rear upon one side yard and front upon the other, the side yard
upon which such dwellings rear shall be increased as required
• above for group houses and the average of the side yard upon which
such dwellings front ' shall be not less than one and one-half (1-1)
times the width of the other side yard. Open, unenclosed porches
not extending above the level of the first floor may project into
the side yard upon which such dwellings front a distance of not
more than twenty (20;) per cent and in no case more than six (6)
feet.
3) Where a roadway is provided -in the place or court, the
width allowed for such roadway shall be in addition to that required
above.
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(c) In the "R" Zones no building shall be hereafter erected,
structurally altered or used for a school, church, institution or
other similar use permitted under the use regulations of this
ordinance, unless such buildings are removed at least fifteen (15)
feet from every boundary line of a property included in any "R"
Zone, and provided no front yard, as required in the zone, nor any
side yard, as required above, shall be used for play or parking
• purposes*
2. Exceptions.
(a) For the purpose of side yard regulations, the following
dwellings with common party walls s hall be considered as one (1)
building, occupying one (1) lot; two-, three--, and four -family
dwellings and row houses not more than two (2) rooms deep.
(b) In computing the depth of a rear yard, for any build-
ing where such yard opens onto an alley, one-half (1/2) of such
alley may be assumed to be aportion of the rear'yard.
(c) Loading spaces as herein required may occupy not more
than fifty (505�.) per cent of the required rear yard.
(d) the front and side yard requirements for dwellings
and apartments shall be waived where the latter are erected above
stores.
(e) An accessory building may occupy not more than twenty-
five (25 0) per cent of a required rear yard, provided such build-
ing is not more than one (1) story in height and located at least
fifteen (15) feet from the nearest part of a main building. Further,
no two (2) story accessory building shall occupy any part of a required
rear yard, and in the case of a reversed frontage, no building
shall be erected closer than five (5) feet to the line of abutting
lot to the rear.
(f) In any case where a through lot has a depth of not
more than one hundred and forty (140) feet, accessory buildings
not exceeding one (1) story nor fifteen (15) feet ih height may be
located in one of the required front yards; provided every portion
of such building is at least ten (10) feet from the nearest front
lot line.
.
(g) A Porte cochere may be placed over a driveway in a
side yard, provided such structure is not more than one (1) story
in height, is unenalosed on at least three (3) sides and is entirely
open except for the necessary supporting columns and reasonable
architectural features.
(h) Cornices, eaves, belt courses, sills, buttresses
or other similar architectural features may extend or project
into a side yard not more than two (2) inches for each one (1)
foot of the width.of such side yard and may extend or project into
a front or rear yard not more than thi ty (30) inches.
(j) Fire escapes may extend or project into any front,
side or rear yard not more than four (4) feet.
•�
(k) Open, unenclosed stairways, or balconies not covered
by a roof or canopy, map extend or project into a required rear
yard not more than four (4) feet and such balconies and canopies
may extend into a required front yard not more than thirty (30)
inches.
(1) Uncovered porches, platforms or landing places which
do not extend above the level of the first floor of the building,
may extend into any front, side or rear yard not more than six (6)
feet; provided, however, that an open work railing not more than
-50-
thirty (30) inches in height may be installed or constructed on
any such porch, platform or landing space.
(m ) open work fences, hedges, landscape architectural
features or guard railing for safety protection around depressed
ramps, not more than three and one-half (32) feet in height, may
be located in any front, side or rear yard.
(n) A fence or wall not more than six (6) feet in height
is or a hedge maintained so as not to exceed six (6) feet in height,
may be located along the side or rear lot lines, provided such
fence, wall or hedge does not extend into the required front yard
nor into the side yard required along the side street on a corner
lot, which in this case shall also include that portion of the rear
yard abutting the intersecting street wherein accessory buildings
are prohibited, and further provided that the provisions shall not
be so interpreted as to prohibit the erection of a fence enclosing
an Elementary or High School site, if such fence does not project
beyond the front line of the building.
(o) Trees, shrubs, flowers or plants shall be permitted in
any required front, side or rear yard.
SECTION 15: VARIANCES.
When practical difficulties, unnecessary hardships or results
inconsistent with the general purpose of this ordinance result
through the strict and literal interpretation and enforcement of the
provisions thereof, the Planning Commission of the City of blest
Covina, upon the receipt of a verified application from the owner
or lessee of the property affected for a variance stating fully
the grounds for the application anf the facts relied upon, or upon
the motion of the said Commission, shall, in the manner herein
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•
provided, consider such variances from the provisions of this
ordinance as mgy be in harmony with its general purpose and intent,
so that the spirit of this ordinance shall be observed, public
safety and welfare secured and substantial justice done.
Variances shall be considered by the Planning Commission acting
in an advisory capacity to the City Council, and the recommendation;
made by the Planning Commission with respect to any such variances
shall be subject to approval by the City Council in the manner pro-
vided in Section 17.
I. A,. All ofAhe following, and all matters directly related
thereto are declared to be special uses and authority for the lo-
cation and operation thereto shall'be granted only after considera-
tion and processing in the manner provided in Part II of this See-
tion, and 'Section 17. This declaration is based upon the fact that
all 'of the uses her.e enumerated possess characteristics of unique
and special forms as to make impractical their being included
automatically in any classes of use as set forth in the various
zones herein defined.
1. Airports.
2. Cemeteries.
3. Columbariums.
4. Commercial chicken and rabbit raising.
5. Crematories.
6. Establishments or enterprises involving large assem-
blages of people or automobiles, including:
a. Amusement parks:.
b. Circuses.
c. Fair Grounds.
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d. Open-air Theatres.
e. Race tracks.
f. Recreational centers.
7. Hospitals and sanitariums.
8. Institutions of a.philanthropic or eleemosynary nature.
9. Mausoleums.
10. Mental Hospitals.
} .
11. Natural resources, development of together with
necessary buildings, apparatus or appurtenances incident thereto.
12. Radio or Television transmitters.
B. All matters required in. Sections 10 and 13 to be reviewed
shall be approved and allowed only under the provisions of Para-
graph A. of Part I of this Section, provided no filing fee shall be
required.
II. A. Upon the filing of a verified application by a property
owner, a lessee, or upon its own motion, the Planning Commission
shall give public notice of the intention to consider the granting
of a Variance as provided in Section 17.
B Not more than forty (40) days following -said hearing
the Planning Commission shall announce its findings by formal resolu-
tion and said resolution shall recite, among other things, the facts
and reasons which, in the opion of the Commission make the granting
or denial of the variance necessary to carry out the provisions of
this Section and the general purpose of this ordinance, and if such
resolution grants, or recommends that the variance be g•anted, as
the case may be, it shall also recite such conditions and limitations
as may be imposed to serve the purpose of this Section.
Such resolutions shall be numbered consecutively in the order
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I
of their passage and shall become a permanent record of the Plan-
ning Commission.
C. Before any variance may be granted, it ;shall be shown:
1. That there are exceptional or extraordinary circum-
stances or conditions applicable to the property involved, or to
the intended use of the property, that do not apply generally to the
property or class of use in the same vicinity or zone.
• 2. That such variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant
possessed by other property in the same vicinity and zone.
3. That the granting of such variance will not be material-
ly detrimental to the public welfare or injurious to the property
or improvements in such vicinity and zone in which the property is
located, and
4. That the granting of such variances will not adversely
affect the Comprehensive General Plan.
D. Application for a variance shall set forth in detail
such facts as, in the opinion of the applicant, pertain to sub-
paragraphs 1, 22 31 and 4 of Paragraph C next above.
• SECTION 16: ATdTENDMENTS.
Boundaries of the zones established by this ordinance or the
classification of property uses therein may be amended, reclassified
and altered whenever public necessity and convenience and general
welfare require. Such changes may be initiated by: (a) the
verified petition of one or more owners of property proposed to be
so changed or reclassified; (b) Resolution of Intention of the
City Council;, (c) Resolution of Intention of the Planning Commis-
sion.
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Whenever the owner of any land or building desires a reclassi-
fication of his property, he shall present to the Planning Commis-
sion a petition duly verified by him requesting an amendment,
supplement or change of the regulations prescribed for such prop-
erty.
Upon the filing of such verified petition, or the passage of
such resolution of intention, the Planning Commission shall pro-
vide for such hearings thereon as may be required by law for amend-
ments, extensions or additions to the zoning plan, and notices>of
such hearing or hearings shall be given, and the Planning Commission
shall take such action thereon as is provided for in Section 17
hereof.
SECTION 17: PETITIONS, NOTICES, INVESTIGATIONS AND HEARINGS.
PETITIONS:: The Planning Commission shall prescribe the form
in which applications for change of zone boundaries or classifications
or for variances are made. It may prepare and provide blanks for
such purpose and may prescribe the.type of information to be pro-
vided in the application by the petitioner. No petition shall be
received unless it complies with such requirements. If signatures
• of persons other than the owners of property making the application
are required or offered in support of, or in apposition to, the
application, they may be received as evidence of notice having been
served upon them of the pending application or as evidence of their
opinion on the pending issue, but they shall in no case infringe
upon the free exercise of the powers vested in the City of West
Covina.
Petitions or applications filed pursuant to this ordinance shall
be numbered consecutively in the order of their filing and shall
- 5 5-
become a part of the permanent official records of the Planning
Commission, and there shall be attached thereto and permanently
filed therewith copies of all notices and actions with affidavits
of posting, mailing or publication pertaining thereto.
A fee of twenty-five ($25.00) Dollars shall be paid upon the
filing of each petition provided for in Sections 15 and 16, for the
purpose of defraying the expense of postage, posting, advertising
and other -costs incidental to the proceedings prescribed herein.
A written receipt shall be issued to the person making such payment
and records of such payments and expenditures thereof shall be kept
in such manner as prescribed by law.
NOTICES:: All proposals for amending zone boundaries or
classification of property uses within such zones as are defined by
this ordinance, or by the granting of variances as provided in
Section 15 hereof, .shall be set for public hearing by the Secretary
of the Planning Commission, the date of the first of which hearings
shall be not less than ten (10) days nor more than thirty-five (35)
days from the time of filing of such verified petition or of the
adoption of such resolution, or the making of such notation; pro-
vided, however,
that not more
than one
hearing shall be required for
the purpose of
considering the
granting
of'a variance.
Notice of the time and place of such hearings shall be given
by posting, or mailing, or both, in the following manner, both methods
to be used unless otherwise directed by the Planning Commission:
1. Posting in front of the property under consideration,
not less. than ten (10) days prior to the date of the first of such
hearings, a notice consisting of the words "NOTICE OF PROPOSED
VARIANCE" or "NOTICE OF PROPOSED CHANGE OF ZONE BOUNDARIES OR CLASSI-
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0
•
FICATION" as the case may be, printed in plain type with letters of
not less than one inch in height and a statement in six or eight
point type setting forth a description of the property under con-
sideration, the nature of the proposed change, and the time and place
at which a public hearing.or hearings on the matter will be held.
If more than one parcel of property is involved, then notice shall be
posted not more than one hundred (100) feet apart on each side of the
street upon which said property fronts for a distance of not less
than three hundred (300) feet in each direction from said property.
2. Mailinga postal card notice not less tharr ten (10) days
prior to the date of the first of such hearings to the owners of
property within a radius of three hundred (300) feet of the exterior
boundaries of the property to be changed, using for this purpose the
last known name and address of such owners as shown upon the assess-
ment roll of Los Angeles County. Such notice shall contain the same
information as is required in a posted notice as above described.
INVESTIGATIONS: The Planning Commission shall cause to be made
by its own members, or members of its staff, such investigations of
facts bearing upon such application set for hearing, including an
analysis of precedent cases as will serve to provided all necessary
information to assure action on such case consistent with the purpose
of this ordinance and with previous amendments or variances.
HEARINGS': Public hearings as provided in this Section shall be
conducted before the Planning Commission, or before any member thereof
designated by the Commission to to serve. The Commission may
establish .its own rules for the conduct of public hearings and the
member of the Commission presiding at such hearing is hereby empowered
to administer oaths to any person testifying before it.
- 57-
Summary of all pertinent testimony offered at a public hearing
and the names of persons so testifying shall be recorded and made a
part of the permanent files of the case.
If, for any reason, testimony on any case set for public hearing
cannot be completed on the date set for such hearing, the Commissioner
ic hearing may, before the adjournment. or recess
presiding at such publ
thereof publicly announce the time and place to, and at which said
hearings will be continued and such announcement shall serve as
sufficient notice of such continuance and without recourse to the
ded for in the first instance by this
form of public notice as provi
Section.
Upon the completion of a public hearing, the Planning Commission
shall, not later than thirty-five (35) days thereafter, render its
decision on the matter so heard. Failure to so act within said
rve to automatically and immediately
thirty-five (35) days.shall se
refer the whole matter to the City Council for such action as it
deems warranted under the circumstances. In the event of such
failure on the part of the Planning Commission to act, the Secretary
ssion shall immediately deliver to the City
of the planning Commi
Council all of the records of the matter involved.
The Planning Commission shall announce and record its actions
by formal resolution and such resolution shall recite the findings
of the Planning Commission upon which it bases its decision.
1�Tot later than ten (10) days after final action by the Planning
Commission on the application for a variance, notice of the decision
in the matter shall be mailed to the applicant at the address shown
upon the application.
In the case of a variance granted under the limitations of
!M
Paragraph II of Section 15, the following procedures shall govern:
(a) Not later than ten (10) days after final action by the
Planning Commission on an application for a variance upon which the
action of the Planning Commission can only be advisory, the Secretary
of the Planning Commission shall forward to the City Council a copy
of the resolution setting forth the findings and recommendations of
the Planning Commission.
(b) Not later than twenty (20) days after the final action
by the Planning Commission on an application an appeal may be filed,
in writing, with the City Council.
(c) If an appeal from the action of the Planning Commission
is filed with the City Council within the time prescribed, the City
Council shall set the matter for hearing in ,the same manner as re-
quired in connection with hearings on variances before the Planning
Commission. The Secretary of the Planning Commission shall also be
notified of the filing of such appeal, and upon the receipt of such
notice shall transmit to the City Council the complete file of the
case.
(d ) Not later than ten (10 ) days after the final action
on such appeal by the City Council, notice of the decision in the
matter shall be mailed to the appellant and the file in the case shall
be returned to the archives of the Planning Commission. The decision
of the City Council on such matters of appeal shall be final.
(e ) If no appeal from the action of the Planning Commission
is filed with the City Council a's he;rein provided, the City Council
shall, within not more than thirty (30) days following receipt of
the resolution and recommendation from'the Planning Commission, con-
sider the matters contained therein. If the action of the City
-59-
Council is to disapprove this recommendation, such decision shall
be f inal.
The decision of the Planning Commission in the legislative
matter of amending zone boundaries or use classifications or other
matters established by this ordinance shall be advisory only. If
an application involving an amendment be approved, then not later
than ten (10) days after final action by the Planning Commission
thereon, its recommendations together with the complete records of
the case shall be delivered to the City Council. After the City
Council has acted, the records of the case shall be returned for
permanent filing in the records of the Planning Commission. Not
more than ten (10) days after action by the Planning'Commission the
applicant shall be notified by mail of the Commission's decision.
SECTION 18: INTERPRETATION - PURPOSE - CONFLICT.
In interpreting and applying the provisions of this ordinance
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general
welfare. It is not intended by this ordinance to interfere with or
abrogate or annul any easement, covenant or other agreement between
parties, where this ordinance imposes a greater restriction upon
the use of buildings or land, or upon the height of buildings, or
requires larger open spaces than are imposed or required by other
ordinances, rules, regulations or by easements, covenants or agree-
ments, the provisions of this ordinance shall control.
SECTION 19: PERMITS - LICENSES - COWLIANCE.
All departments, officials or public employees vested with the
duty or authority to issue permits or licenses where required by lap),
shall conform to the provisions of this ordinance. No such license
am
or permit for uses, buildings or purposes where the same would be in
conflict with the provisions of this ordinance shall be issued. Any
such license or permit, if issued in conflict with the provisions
hereof, shall be null and void.
No premises shall be occupied or used and no building hereafter
erected or altered shall be occupied or used until a certificate of
compliance shall have been issued by the Secretary of the planning
Commission.
SECTION 20: PENALTY.
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of misdemeanor, and upon
conviction,thereof shall be punishable by a fine of not more than
Three Hundred ($300.00) Dollars or by imprisonment in the County
Jail for a period of not more than Ninety (90) days, or both such
fine and imprisonment. Each such person, firm or corporation shall
be deemed guilty of a separate offense for every day during any
portion of which any vio ation of any provision of this ordinance
is committed, continued or permitted by such person, firm or corpor-
ation, and shall be punishable therefor as provided for in this
is ordinance, and any use, occupation or building or structure main-
tained contrary to the provisions hereof shall constitute�'a public
nuisance.
SECTION 21:
If any section, sub -section, clause or phrase of this ordinance
is,` for any reason, held. to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this ordinance.
The Council hereby declares that it would have passed'this ordinance,
and each section, sub -section, sentence, clause, and phrase thereof,
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irrespective of the fact that any one or more of the' sections, sub-
sections, sentences, clauses or phrases might be declared unconstitu-
tional.
SECTION 22:
This ordinance.shall take effect from and after thirty (30) days
after its passage and before the expiration of fifteen (15) days after
its passage it shall be posted with the names of the members voting
0 - for and against the same, in three places within the city, in the
manner required by the laws and ordinances of the City of (lest Covina.
ATTEST:
1
SAMUEL R. ZIN119R �
City Clerk pro m
I, Samuel R. Zimmerman, City Clerk pro tem of the City of West
Covina, do hereby certify that the foregoing Ordinance was adopted
by the City Council of the City of West Covina at the regular meeting
of said Board on the 21st day of January, 1948, and signed by the
Mayor of said City, and that said Ordinance was adopted by the follow-
ing votes:
AYES:. Batchelder, Daniels, Van Horn, Hurst.
NOES: None.
ABSENT: Schabarum.
ity rk pro tem
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
Samuel R. Zimmerman, being by me first duly sworn, deposes and
says:: that he is the City Clerk pro tem for the City of West Covina
and a citizen of the United States and over the age of 21 years;;
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•
that on the 5th day of February, 19482 heposted three copies
of Ordinance No. 147 of the City of West Covina entitled "AN
ORDINANCE ESTABLISHING ZONES IN THE CITY OF VEST COVINA, AND
THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS AND
YARD SPACES:: ADOPTING A P,ZAP SHOWING THE BOUNDARIES OF SAID
ZONES: DEFINING THE TERMS USED IN THIS ORDINANCE: PROVIDING
FOR ITS ADJUSTMENT, AMENDMENT AND ENFORCEMENT: PRESCRIBING
PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCES OR PORTIONS
OF ORDINANCES IN CONFLICT THEREWITH.", in three public places
in said City, to -wit: one at the Police Office, 361 West Garvey
Blvd., one in front of the w�ie st Covina School House and one at
the Northwest corner of Puente Street and Lark Ellen Blvd.
SAMUEL R. 2,.I lRMANI ity Clerk
p o em
Subscribed and sworn to before me
this 5th day of February, 1948.
NOTARY BLIC in and for the County
of Los ngele s, State of California
My Commission Expires June 230 1950
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