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HomeMy WebLinkAbout1956-10-16; City Council; 9060; Establishing Zones in the Cityr ,‘ . 1 i- r. t-* 71 -t .-- _- Ordinance No. 9060 AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF CARLS- BAD AND THEmN REGULATING THE USE OF LAND, HEIGHT OF BTJILDINGS, AREA OF LOTS, AND YARD SPACES; PROVIDING FOR THE ADOPTION OF MAPS SHOW- ING THE BOUNDARIES OF SAID ZONES; DEFINING THE TERMS USED IN THIS ORDINANCE; PRO- VIDING FOR ITS ADJUSTMENT, AMENDMENT AND ENFORCE MENT; PRESCRIBING PENALTIES FOR VIOLATION ; REPEALING OR- DINANCES OR PORTIONS OF OR- DINANCES IN CONFLICT THERE WITH AND REPEALING ORDI- NANCE NO. 9006. The City Council of the City of Carlsbad does ordain as follows: ARTICLE 1 DECLARATION OF PURPOSE Section 100: PURPOSE OF ORDI- NANCE. An Official Land-Use plan for the City of Carlsbad is hereby adopted and established to serve the public health, safety and general welfare and to provide the economic and social advantages re- sulting from an orderly planned use of land resources. Section 101: NAME OF ORDINANCE. This ordinance shall be known as “The Zoning Ordinance”. ARTICLE 2 DEFINITIONS Section 200: PROVISIONS NOT AF- FECTED BY HEADINGS. Article and section headings contained herein shall not be deemed to aovern. limit. modify or in any manm affect the scope. mean- ing or intent of any section hereof. Section 201: TENSES. The present tense includes the future. and the future the present. Section 202: NUMBER. The singular number includes the plural, and the plural the singular. Section 293 : ACCESSORY. “Accessory” means a building, part of a building or structure, or use which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building by a com- mon wall such accessory building shall be considered a part of the main building. Section 204: ALLEY. “Alley” means a public thoroughfare or way having a width of not more than twenty feet which &fords only a secondary means of ac- cess to abutting property. Section 205 : APARTMENT. “Apart- men”’ means a room, or a suite of two or more rooms in a multinle dwellina. occupied or suitable for occbancy as a residence for one family. Section 206 : APARTMENT HOUSE. “Apartment house” means a building or a portion of a building, designed for wcu- panoy by three or more families living independently of each other, and contain- ing three or more dwelling units. Section 207 : AUTOMOBILE WRECK- ING. “Automobile wrecking” means the commercial or non-commercial dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. Section 208 : BASEMENT. “Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade but so located that the vertical distance from grade to to the floor below is less than the vertical distance from grade to ceiling. Section 209: BLOCK. “Blmk” means all property fronting upon one side of a street between intersecting and inter- cepting streets, or between a street and a railroad right-of-way, water way, ter- minus or dead end street, or city boun- dary. An intercepting street shall deter- mine only the boundary of the block on the side of the street which it intercepts. Section 210: BOARDING HOUSE. “Boarding house” means a building with more than four guest rooms where lodging and meals are provided for compensation but shall not include rest homes or con- valescent homes. Section 211 : BUILDING. “Building” means any structure having a roof, in- cluding a11 form of inhabitable vehicles even though immobilized. Where this or- 6 dinance requires, or where special authori- ty granted pursuant to this ordinance requires that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed 02 all sides”. Section 212 : BUILDING HEIGHT. “Building height“ means a vertical dw- tance measured from the average level of the highest and lowest point of that portion of the building-site covered by the building to the ceiling of the upper- most storv. Section -213 : BUILDING, MAIN. “Main building” means the principal building on a lot or building-site designed or used to accommodate the primary use to which the premises are devoted; where a per- missible use involves more than one struc- ture designed or used for the primary purpme, as in the case of group houses, each such permissible building on one lot as defined by this ordinance shall be construed as comprising a main building. Section 214 : BUILDING-SITE. “Building- site” means (a) the ground area of one lot or, (b) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces as required by this ordinance- Section 215: BUSINESS OR COM- MERCE, “Business” or “commerce” means the purchase, sale or other bransaction involving the handling or disposition of any article, service, substance or com- modity for livelihood or profit: or the management of office building, offices, recreational or amusement enterprises : or the maintenance and use of offices. structunes and premises by profession; and trades rendering services. Section 216: CELLAR. “Cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and so located that the ver- tical distance between the ceiling and the average adjoining ground level is equal to or greater than the vertical distance from grade to ceiling. Section 217: CLUB. ‘‘Club” means 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. Section 218 : COMMISSION. “Commis- sion” shall mean the Planning Commis- sion of the City of Carlsbad, California. Section 219: COURT. “Court” means any portion of the interior of a lot or building-site a-hich is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard. Section 220 : DAIRY. “Dairy” means any premises where three or more cows, tfire or more goats, or any combination thermf are kept, milked or maintained. Section 221 : DUMP. “Dump” means an area devoted to the disposal of refuse including incineration, reduction, or dump- ing of ashes, garbage, combustible or non- combustible refuse, offal or dead animals. Section 222 : DWELLING. “Dwelling” means a building or portion thereof de- signed exclusively for residential purposes, including one-family, two-family and mul- tiple dwellings, but shall not include hotels. Seetion 223 : DWELLING UNIT. “Dwell- ing unit” means one or more rooms in a dwelling or apartment house and de- signed for occupancy by one family for living or sleeping purposes, and having only one kitchen. Section 224 : DWELLING, ONE-FAM- ILY. “One-family dwelling” means a de- tached building designed exclusively for accupancy by one family and containing one dwelling unit. Section 225: DWELLING, TWO-FAM- ILY. “Two-family dwelling” means a building designed exclusively for occu- pancy by two families living independently of each other. and containina two dwellina - units. Section 226 : DWELLING, MULTIPLE. “Multiple dwelling” means a building, or portion thereof, designed for occupancy by three or more families living independ- ently of each other, and containing three or more dwelling units. Section 227 : EDUCATIONAL INSTI- TUTION. “Educational institution” means elementary, junior high, high schools, col- leges or universities or other schools giv- ing general academic instruction in the several branches of learning and study required to be taught by the Education Code of the State of California. Section 228 : FAMILY. “Family” means an individual, or two or more pemons related by blood or marriage, or a group of not more than four persons, excluding vvants, living together as a single signed or used only for the shelter or storage of vehicles owned or operated by the mupants of the main building. Section 230: GARAGE, PUBLIC. “Pub- lic garage” means a building other than a PrivaF garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale. Section 231: GRADE. “Grade” means the average of the finished ground Level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above-ground level shall be measured at the sidewalks. Section 232: GUEST HOUSE OR AC- CESSORY LIVING QUARTERS. “Guest house” or “accessory living quarters” means living quarters within an accessory building for the sole use of persons em- ployed on the premises, or for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Section 233 : HOSPITAL. “Hospital” means an institution specializing in giv- ing clinical, temporary and emergency services of a medical or sorgkal nature to human patients and injured persons. and licensed by State Law to provide facilities and services in surgery, obstet- rics and general medical practice exclud- ing however, facilities for treatment of mental and nervous disorders, but not excluding surgical and post-surgikal treat- ment of mental cases. Section 234: HOSPITAL, MENTAL. “Mental hospital” means an institution licensed by State agencies under provisions of law to offer facilities, care and treat- ment for cases of mental and nervous disorders but not licensed to provide fa- cilities and services in surgery, obstetrics and general medical practice. Establish- ments limiting services to juveniles below the age of five years, and establishments housing and caring for caaes of cerebral Palsy are swcificallv excluded from this definition. Section 235: HOSPITAL, ANIMAL. “Animal hospital” means an establishment in which veterinary services, clipping, bathing. boarding. and other services are rendered to dogs, cats, cows, horses and other animals and domestic pets. Section 236: HOTEL. “Hotel” means a building in which there are five or more guest rooms where lodging with or with- out meals is provided for compensation, and where nu provision is made for cooking in any individual room or suite, but shall not include jails, hospitals, asylums, sanitariums, orphanam, prisons, detention homes and similar buildings where human beings are housed and de- tained under legal restraint. Section 237 : INSTITUTION. “Institu- tion” means an establishment maintained and operated by a soeiety, corporation, individual, foundation or public agency for the purpose of providing charitable. social, education or similar service to the public, groups or individuals. Section 238 : KENNEL. “Kennel” means a place where four or more adult dogs or cats are kept, whether by owners of the dogs and cats or by persons pro- viding facilities and care, whether or not for Compensation. An adult dog or cat is an animal of either sex, altered or un- altered, that has reached the age of four months. Section 239 : KITCHEN. “Kitchen” means any room or portion d a room used or intended or designed to be used for cooking or the preparation of food. Section 240 : LODGING HOUSE. “LodB- ing house” means the same as boarding house, but no meals shall be provided. Section 241: LOT. “Lot” means Fnd moupied, or f0.k occupied, by a building, group of buildings or uses, and accessory buildings, together with soch yards and lot area as is required by this ordinance, and having ib frontage upon a publicly dedicated street or publicly dedicated ease- ment accepted by the City of Carlsbad. Section 242: LOT AREA. “Lot area” means the total horizontal area within the boundary lines of a lot. Section 243: LOT, CORNER. “Corner lot” means a lot situated at the inter- section of two or more streets, which streets have an angle of intersection of not more than one hundred thirty-five degrees. Section 244: LOT DEPTFI. “Lot depth” means the horizontal lenrrth of a straigh line drawn from the midpoint of the front lot ,line and at right an$:les to such line, connecting with a line intersecting the midpoint of the rear lot line and parallel to the :‘rant lot line. In the casc of a lot having a curved front lIne the front lot line, for purposes of this seeZion, shall be deemed to be a line tangent to the curve and parallel to a rtraight line con- necting the points of intersection of the side lot lines of the lot with the front lot line. Section 245: LOT, INTERIOR. “In- terior lot” means a lot other than a cor- ner lot or reversed corner lot. Section 246: LOT, KEY. “Key lot” means the first lot to the rear of the reversed corner lot and whether or no: sewarated bv an allev. Section 247: LOT LINE, FRONT. “Front lot line” means in the case of an interior lot, a line separating the lot from the street. In the casc 0-f a corner lot the front lot line shall be. the line separating the narroaest street frontage of the lot from the street. Section 248: LOT LINE, REAR. “Rear lot line” means a lot line which is op- posite and moxt distant from the front lot line. For the purposa of establishinz the rear lot line of a triangular or trape- zoidal lot, or of a lot t.he rear line of which is formed by two or more lines, the following shall apply: (a) for a triangular or goreshaped Iot, a line ten feet in length within the lot 2nd farthest rernoved from the front lot line and at right angles to the !ine comprising the depth of such lot shall be used as the rear lot line: (b) in the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line; or (c) in the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such ansle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. In no case shnll the application of the above be interpreted as permitting a main huildinz to locate closer than five feet to any property line. Section 249: LOT LINE, SIDE. “Side lot line” means any lot boundary line not a front lot line or a rear lot line Section 250: LOT, REVERSED COK- NER. “Reversed corner lot” means a cor- ner jot. the side street line of which is substanLiallv a continuation of the front lot line of the lot upon which the rear of said corner lot abuts. Section 251 : LOT, THROUGH. ‘‘Throuzh lot” means a lot having frontage on two parallel or approximately parallel streets. Section 252 : LOT WIDTH. “Lot width” means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines, provided that the length of the line constituting the rear line of the reQuired front yard shall never be less than the recluired lot width estab- lished in each zone. Section 253 : MOTEL OR AUTO COURT “Motel” and “auto court” means a group of attached or detached buildings con- taining individual sleeping or livins units where a majority of such units open in- dividually and directly to the outsi.le, and where garage is attached or a park- ing space is conveniently located to each unit, all for the temporary use by auto- mobile tourists or transients. and such words shall include auto courts and motor Iodzes. An establishment shall be con- sidered a motel when it is reouired by the Health and Safety Code of the State of California to obtain the name and ad- dress of the guests, the make, year awl license number of the vehicle and the State in which it w-as issued. Section 254 : NONGONFORMZNG BUILDING. “Nonconforming building” means a building, or portion thereof, which was lawfully erected or altered and main- tained, but which, because of the applica- tion of this ordinance to it. no longer conforms to the use, height or area rem- lations of the zone in which it is lcoated. Section 255 : NONCONFORMING USE. “Nonconforming use” means a iise which was lawfully established and maintained but which, because of the application of this ordinance to it, no longer conforms to the use regulations of the zone in which it is located. A nonconforming buildinn, or nonconforming portion of the building shall be deemed to constitute a nonconforming use of the land upon which it is located. Section 256 : OUTJ~OOR ADVERTIS- ING DISPLAY. “Outdox advertising di,- play” means any card, paper, cloth, metai, glass, wooden, plastic or othe: display 0. device of any kind or character whatso- ever placed for outdooi advertising par- poses on the ground or on any tree. wall rock, structure or thing whatsasver. ’ Section 257 : OUTDOOR ADVERTIS- ING STRUCTURE. “Outdoor advertising structure” means a structure of anv kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising display may be placed. Section 258 : REST HOME, CONVALES- CENT HOME OR GUEST HOME. “Rest home”, “convalescent home” or “guest home” means a home operated as a boarding house, and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged persons; but in which are kept no persons suffering from a mental sickness. disease, disorder or ailment or from a contagious or commur.icab1e disease, and in which are performed no surgery, mater- nity or other primary txatments such as are customarily provided in sanitariums or hospitals or in which no persons are kept or served who norma:ly would be admittable to a mental hospital.,, Section 269 : SANITARTUM. Sanita- rium” means a health sta’iion or retreat or other place where resident patients are kept, end which specializes in aivina clini- .- tal, teaporary and emergency services of a medical or surgical nature to patients axd injured persons and licensed by State Agencies und.er provision of law to pro- vide facilities and services in siirgery, obstetrics and general T.edical practice as distinguished from treatment of mental and nervous disorders, but not excluding surgical and Dost suraical treatment of mental cases. Section 260: SIGN. “Sign” means any outdoor advertising display or outdoor advertising structure or any indoor ad- vertising display or indoor advertisina structure designed and placed so as to be readable principally from the outside. Section 261 : STABLE, PXIVATE. “Pri- vate sbble” means a detached accessory building in which horses owned ’cy the occupants of the premises are kept, and in which no horses are kept for hire or sale. Section 262 : STABLE, PUBLIC. “Public stable” means a stable othei- than a private stable. Section 253: STAND. “Stand” means a structure for the display and sale of products with no space for customers within the structure itself. Section 254 : STATE FREEWAY. “State Freeway“ means my section of a State Highway which has been declared to be a Freeway by Resolution of the California Highway Commission pursuant to the Streets and Highways Code. Section 265 : STORY. “Story” means that portion of a bui!ding included be- tween the surface of any floor and the surface of the floor next above it. If there be no floor above it, then the space between such f!oor and the ceiling next above it shall be considered a story. If the finished floor level directly above the basement or cellar is m0r.e than six feet above grade, such basement or cellar shall be considered a story. Section 266 : STREET. “Strept” means a publicly dedicated and accepted thor- ouehfare which affords primary means D: access to abuttinx pmperty and having a minimum right of way width of not less than thirty feet. Section 267 : STREET LINE. “St.reet line’, means the boundary line between a street and the abutting property. Section 258: STREET. SIDE. “Side street” means a street which is adiacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. Section 269 : STRTJCTURE. “Structure” means anything constructed or erected which requires location on the ground or atbched to Eomething having a location on the ground, but not including fences or walls used as fences less than six feet in height. Section 270 : STRUCTURAL ALTERA- TIONS. “Structvral alterations” mean any change in the supporting members of a building such as foundations. bearing walls, columns, Seams, floor or roof joists, girders or rafters, or changes in roof or exterior lines. Section 271: TO PLACE. The verb “to place” and any of its variants as applied to advertising displays and outdoor adver- b* structures, includes maintaining. erecting, constructing, posting, painting, printing, nailing, glueing or otherwise fastening, affixing or making visible in any manner whatsoever. Section 272 : TRAILER, AUTOMOBILE. “Automobile trailer” means a vehicle with- out motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach and any self-propelled vehicle having a body designed for the same uses as an automobile trailer without motor power. Section 273: TRAILER PARK, TRAIL- ER COURT AND PUBLIC CAMP. “Trail- er park”, “Trailer court” and public camp” means any area or tract of land used or designed to accommodate two or more automobile trailers, and including trailer camps as defined by law. Section 274: USE. 1‘Use” means the purpose for which land or building is ar- ranged, designed or intended, or for which either is or may be occupied or main- tained. Section 2i5: YARD. “Yard” means an open space other than a court on a lot. unoccupied and unobstructed from the ground upward, except as otherwise pro- vided in this ordinance. Section 276: YARD, FRONT. “Front yard” means an area extending across the full width of the lot and lying he- tween the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front Yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precised plan for such a street, and where such planned street is of the type that wilt afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition. Section 277: YARD, REAR LINE OF REQUIRED FRONT. “Rear line of the required front yard” means a line parallel to the front lot line and at a distance therefrom equal to the depth of the re- quired front yard and extending across the full width of the lot. Section 278: YARD, SIDE. “Side yard” means a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear line of the main building, or the rear line of the rear- most building if there is more than one, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of a main building. ARTICLE 3 ESTABLISHMENT OF ZON’ES, THE BOUNDARIES THEREOF AND LIMITING THE USES OF LAND THEREON Section 300: NAMES OF ZONES. 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 classes of zones are by this ordinance established to be known as follows: R-A--Residential Agricultural Zone R-I-One-famliy Residential Zone R-2-Two-family Residential Zone R-3-Multiple-family Residential Zone R-T-Residen tial Tour is t Zone R-P-Residential-Professional Zone C-1 - Service Commercial Zone C-2 - General Commercial Zone C-M-Heavy Commercial-Limited “M”--Light Manufacturing Zone Industrial Zone Where areas are shown upon the zoning map enclosed within a heavy dashed line, the area thus --- shown is intended to approxi- mate the future location for that type of land-use indicated hs the symbol, therein enclosed within a circle, see Sections 1503, 1604 and 1505. Uncircum- scribed symbols within such J-signated areas represent pres- I! --- -- ent classification. Section SOX: DEGREE OF RESTRIG TIVENESS. “More restrictive uses” as emuloved in this ordinance means the foliowinE : .7 I. L‘ (1) Those uses first permitted i R-1 Lone are the most r,estrictive. (2) All other uses are less restrictive in the order they are first permitted in the zones in the seguence shown R-2, R-3, R-T, R-P, C-1, C-2, C-M and “M”. (3) Uses permitted in the RA Zone shall be considered to be as restrictive as those permitted in the ,R-1 Zone, e3cept that those uses pertaining to animals shall not be considered as “more restric- tive uses” for purposes of this Section. Section 302 : ESTABLISHMENT OF ZONES BY MAP. The location and boun- daries of the various zones are such as are shown and delineated on the Zoning Map of the City of Carlsbad, which map is attached hereto and made a part of this ordinance. Section 303: DIVISION OF ZONING MAP. The Zoning map may, for con- venience, be divided into parts and each such part may, for purposes of more readily identiiying areas within such zoning map, be subdivided into units and such parts and units may be separately employed for purposes of amending the zonine man or for any official reference to LG zoning map. Section 304: CHANGES IN BOUNDA- RIES. Changes in the boundaries of the zom shall be made by ordinance adopting an amended zoning map, or part of said map, or unit of a part of said zoning map, which said amended maps, or parts or units of Darts. when so adouted, shall be published- in the manner prescribed by law and become a part of this ordinance. Section 305 : UNCERTAINTY OF BOUNDARIES. Where uncertainty exists as to the boundaries of any zone shown upon a zoning map or any part or unit thereof, the following rules shall apply: (1) Where such boundaries are indi- cated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries. (2) In the case of unsubdivided pro- perty, and where a zone boundary divides a lot, the location of such boundaries, unless the same are indicated by dimen- sions, shall be determined by use of the scale appearing on said zoning map. (3) Where a public strest or alley is officially vacated or abandoned. the area comprising such vacated street or alley shall acquire the classification of the property to which it reverts, (4) Areas of dedicated streets or al- leys and railroad rights-of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in this ordinance, shall be deemed to be unclassified and, in the ease of streets, permitted to be used only for purposes lawfully allowed and, in the case of railroad rights-of-way, permitted to be used solely for the purpose of accomm3- dating tracks, signals, other operative de- vices and the movement of rolling stock. Section 306 : CLASSIFICATION OF AN- NEXED LANDS AND UNCLASSIFIED PROPERTY. 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 land here- after annexed to or consolidated with the City of Carlsbad, shall be deemed to be temporarily zoned R1 until said land is classified after being processed as an amendment to the Zone Plan pursuant to this ordinance and Chapter 1, Titk 7 of the Government Code of the State d California. However, the legislative body may, upon the recommendation of the Planning Commission, invoke x classifica- tion on such properties defined herein into zones other than the R-1 classification by the adoption of an emergency interim ordinance when deemed necessary for the protection of the health, safety and wel- fare of the City and property involved. Formal proceedings, however, must be in- stituted within one year from the effective date of the interim ordinance in order to properly amend the zoning ordinance in the manner set forth in Article 19, and the interim ordinance repealed. Section 307: LIMITATION OF LAND USE. Except as provided in this ordinance, no building shall be erected, reconstructed or struc&rally altered, nor shall any building or land be used for any purpose except as hereinafter s~cifically provided and allowed in the same zone in which such building and land is located. Section 308 : AREA ZONING SYMBOLS. Where a number follows the zoning sm- bo1 on the Zoning Map it shall represent the number of thousands of square feet of area required in lieu of the minimum area established in each zone as herein defined. If no number follows the zoning symbol, the areas prescribed in the Ar- ticle governing such zone shall apply. ARTICLE 4 R-A---RESIDENTIAL AGRICULTURAL ZONE (R-A ZONE) Section 400 : PERMITTED USES. In an R-A Zone the following uses only are permitted as hereinafter specifically pro- vided and allowed, subject to the provi- sions of Article 15 novernina off-street the required side yard shall be ten feet and such side yard shall extend the full parking requirements.- - (1) One-family dwellings. (2) Accessory buildings and structures. including private garages to accommodate not more than four cars: provided addi- tional garage or implement shelters may be erected, maintained and used on sites of ten acres or more, and provided that such structures shall not occupy any re- quired yard space (3) Greenhouses, fruit trees, nut trees, vines and other horticultural stock. (4) Agricultural crop. (5) Stands for the display of agricul- tural products raised on the premises. (6) The following poultry and animals under the following conditions: (a) Poultry, rabbits, chinchillas or any fur bearing animals used for fur, food or scientific purposes, either for do- mestic or commercial uses, provided that all such animals shall be confined at all times within an enclosure. (b) Horses, and the grazing of sheep or bovine animals (excluding dai- ries-provided that on sites containing four acres or less such domestic animals shall not exceed a number equal to two horses or two sheep or two bovine animals per acre of ground devoted to feed for same (excluding feed lots). (c) The keeping of all .domestic animals provided for in this article shall conform to all other provisions of law governing same, and no fowl or animal, or any pen, coop, stable or barn, except for chinchiXas, shall be kept or main- tained withir. forty feet of any building used for human habitation located on adjoining property, or within forty feet of any street or public property. (7) The following signs: (a) One unlighted sign not exceed- ing twelve suuare feet in area pertaining only to the sale. lezse or hire of only the particular building, property or premises upon which displayed. (b) Name plates not exceeding two square feet of area containing the name of &e occupant of the premises. (c) One sign twelve square feet in area advertising the sale of products raised on the premises only. (d) Signs identifying persons en- gaged in construction on a site shall be permitted as long as construction is in Maintaining mail address for commercial and business license purposes only, provided no stock in trade, supplies, professional equipment, apparatus or business equipment except such as are accessory to a permitted use are kept on the gremim. and provided that no em- ployees or assiskants are engaged for ser- vices on the premises except in connection with uses specifically listed as permissible in this Article, provided further, that one motor vehicle together with the equip- ment, tools and stock in trade maintained therein where such motor vehicle is used as a means of transportation by the resi- dent of the premises, and further provided that such tools or equipment are not used for the performance of services upon the premises and the stock in trade is not sold from the premises. Section 401: HEIGHT. No building in the R-A Zone shall exceed a height of thirty-fire feet Section 402: FRONT YARD. Every lot in an R-A Zone shall have a front yard which has a deuth not less than twents feet, except that on key lots and lots which side upon commercially or indus- trially zoned property the required front yard need not exceed fifteen feeb Section 403: SIDE YARDS. In the R-A Zone every lot shall have side yards as follows r 1. (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten per- cent of the width of the lot, provided that such side yard shall be not less than five feet in width and need not exceed ten feet (2) Corner lots and reversed corner lots shall have the following side yards: (a) On the side lot line which ad- joins another lot, the side yard shall be the same as that reauired on an interior Iot. (6) On the side street side the width length of the lot. Section 404: PLACEMENT OF BUILD- INGS. Placement of buildings on any Ibt shall conform to the follwoing: ‘1) INTERIOR LOTS. (a) No building shall occupy any portion of a required yard. 0) Any building, any pprtion of which IS used for human habitahon. shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on such lot. (0) TJE distance between buildings used for human habitation and between buildings used for human habitation and accemory buildings shall be not less than ten feet. (d) A. non-dwelling aecessory build- ing may build to the rear lot line and to the side lines to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line and shall maintain a side yard of not less than five feet from the other side lot line. (2) CORNER LOTS AND REVERSED CORNER LOTS. (a) No building shall OCCUPY any portion of a required yard. (b) The distance between bui1ding.i used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet. (c) Any buildings, any portion of which is used for human habitation, shall observe a distance from the rear property line the equivalent of twice the required interior side vard on such lot. (d) 0; corner lots, an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard, provided if the lot rears upon ar. alley such accessory building shall main- tain a distance not less than five feet from the rear line of such lot. (e) On a reversed corner lot an accessory building may build to the in- terior side lot line, when located to the rear of the required side yard, but no building shall be ereeted closer to the property line of any abutting lot to the rear than the equivalent of the required interior side yard on such reversed corner lot, and further provided that if such reversed corner lot rears upon an alley an accessory building shall maintain a dis- tance of five feet from the rear lot line. Section 405: AREA. The minimum re- quired area of a lot in the R-A Zone shall he not less than six thousand square feet, unless otherwise shown on the zoning map. Section 406 : LOT AREA PER DWELL- ING. The lot area per dwelling unit shall be not less than the minimum required lot area. Section 407: LOT WIDTH. In the R-A Zone, every lot created after the effective date of this ordinance shall maintain a width at the rear line of the reqiured front yard of not less than the following: (1) Lots required to have a minimum lot area of less than ten thousand square feet, sixty feet. (2) Lots required to have a minimum lot area of between ten thoussnd square feet to, but not including twenty thousand square feet, seventy-five feet. (3) Lots reauired to have an area of twenty thousand square feet or more, eighty feet. Section 408 : PERMISSIBLE LOT COV- ERAGE. All buildings, including awessory huildings and structures, shall not cover more than forty percent of the area of the lot. ARTICLE 5 .. R-1 - ONE-FAMILY RESIDENTIAL ZONE R1 ZONE Section 500: PERMITTED USES. In an R-1 Zone the following uses only are permitted, and as hereinafter specifically provided and allowed by this Article sub- ject to the provisions of Article 16 govern- ing off-street parking requirements. (1) Onefamily dwellings. (2) Accessory buildings and structures, including private garages to accommodate not more than three cars. (3) Private grem houses, fruit trees, nut trees, vines and other horticultural stock. (4) Agricultural cyops. (5) The renting of not more than two rooms to not more thm four person. or providing of table board to not mor+ than four bozrders, or both, but not to exceed a total of four in any combination theref. (6) The following animals under thc following conditions: (a-) Cinchillas. (b) Horses, provided: (1) Such horses do not exceed four in number on any site and further pro- vided that no horse may be maintained on a site containing less than ten tiiousand square feet and that for each horse il. excess of one, there shall be twenty thous- and additional square feet of land for each such horse maintained in excess of one. (2) No pen, stall or barn shall be kept or maintained within forty feet of any window or door of any building used for human habitation nor within forty feet of any building used for human habi- tation located oil adjoining property ii such property is devoted to a use other than agricdlture except facilities used for the raising of chinchillas. (7) A twcdamily &veiling when the lot upon which it is located bas a side line abutting a io'; or lots zoiied E-a, R-T, R-P. C-1. (2-2. C-M or "M" bnt in no case shai! the property used for such two-family dwelling consist of more than one lot nor be more than ninety ieet in width. whichever is the least. (8) The iollowing signs: (a) One unlighted !&n not exceed- ins. twelve sauare feet in ares per face pertaining oniy to tho sale, lease or hire of only tine particular building, property or premises upon which displayed. (p) Signs identifying persons en- gaged In ccnstruction on a site shall be permitted as long as construction is in progress. (9) Maintaining ma.il address fcr commerciai and business license purposes only, DrovideZ no 5t::ck in trade, sunpiies, professional equipment, apparatus or busi- neSs equipment except such as are wces- sory to a perinitted use :are kept on tix premises, and provided that no employes or assistant5 are engaged for services on the premises except in connection with uses sp~cifically listed as permissible in this Article, Provided further that one motor vehicle, together with the equipment tools and stock in trade maintained therein where such motor vehicle is used as the means of transaortation by the rosid,xt of the premises and furtherprovited, that such tools nod. equipment are not used for the peTformance of services upon the premises and the stock in trade is not sold from the premises. Section 501: HEIGRT. Pn the R-1 Zone no building shall esceed a height of thirty-five feet. Secticn 502: FRONT YARD. Every lot in t!ie 3-1 Zone sha!l have a froct yazd which has a depth not less then twenty feet, except that on key lots and lcts which side upon commercially or indcs- triallv zoned nronertv the reouired front yard -need not eGceed fifteen feet. Section 503: SIDE YARDS. in the It-l Zone every lot shall have side yards as follows : (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten per- wnt of the Tridth of the lot, provided tkat such side yard shall be not less than five feet in width and need not exceed ten feet. (2) Corner lots and reversed corner lots shall have the following side yxrds : (a) On the side 101; line which ad- joins another lot, the side yard shall be the same as that reouired on an interior lot. (b) On the side street side the width of the required side yard shall be ten feet and such side ysrd shall extend the full width of the lot. Section 534: PLACEMENT OF P.UX,D- INGS. Placement of buildings on any lot shali coniorm to the follgwing: (1) INTERIOR LOTS. (a) No building shall OCCUPY any portion of a required yard. (b) Any building, any portion of which is used for human habitation, shall observe a distance from any side lot 1in.e the wuivalent of the required side yard and from the rear property line the equivalent of twice the required side ya?d on such lot. (c) The distance betwen buildings used for human habitation and between buildings used for humar habitation an2 sccessorv buildinrs shall be not less than ten feet: (d) -4 non-dwelling accessory build- ing may build to the rea? lot line and to the side lines to the rear ui tine required side yards, provided ii the iot :'ears upon an alley such accessory buiidins shall maintain a distance of sot !css than five feet frum the rear lot iine and may buiid to only one side lot line and shall maiz- tain a side yard of not less than iive feet from the other side lot line. (2) COftKICll Lo'? AND REVERSED CORNER LOTS. (a) No building shall occupy any portion of a required yard. (b) The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet. (e) Any building, any portion a? which is used for human habitation shall pbserve a distance Prom the rear property iine to the equivalent of twice the re quired interior side ysrd on such lot. (d) On corner lots an accessory building may build to the rear i3t line and to the interior side lot line when located to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall main- tain a distance not less than five feet from the rear line of such lot. (e) On a reversed corner lot an accessory, building may build to the in- terior siae lot line .%hen located to the rear of zhe required side yard but no building shall be erected ciose; to the Property line of any abutting lot to the rear than the equivalent of the required interior side yard on such reversed corner lot, and further provided that if such reversed corner lot rears upon an alley, an accessory building shall maintain a distance of five feet from the rear 1st line. - Section 505: AREA. The minimum re- quired area of p. lot in the 8-1 Zone shall be not less than six thodsand square feet, uniess otherwise shown on the zon- inr man Section 506: LOT AREA PER DWELL- ING. The lot area per dwelhg unit shall 'be not less than the minimidm rewired lot area. Section 507: LOT WIDTH. In the R-1 Zone, every lot created after the effective date of this ordir-znce shall maintain a width of not !ess than the foilowing: (1) Lots required to have a minimnm lot area of less than ten thousand square feet, sixty feet. (2) Lots required to have a minimum lot area between ten thousand square feet to, but not including twenty thous- and square feet, seventy-five feet. (3) Lots required to have a minimum area of twenty thousand square feet or more, eighty feet. Section 508 : PERMISSIBLE LOT COV- ERAGE. All building, inclnding accessory buildings and structures, shall not cover more than forty percent of the area of the lot. ARTICLE 6 R-2 - TWO-FAMILY RESIDENTIAL ZONE (R-2 ZONE) Section 600: PERKITTED USES. In the R-2 Zone the following uses ooly are permitted and as hereinafter specifically provided and allowed by this Articie, subject to the provisions of Article i5 governing off-street parking requirements. (1) A,ny use permitted in the R-1 Single-family zone, except no animals other than household pets shall be per- mitted. (2). Accessory buildings and struc- tures, including grivate garages to ac- commodate not more than two cars per dwelling unit. (3) Two-family dwelling, provided if a one-family dwelling existed on such lot on the effective date if this ordinance a second one-family dwelling may be er.ected. orwided also t3at on corner lots two single-family homes may be erected if one house faces the street upon which such lot fronts and the other house faces upon the side street. (4) Day nurseries where day care is provided for not more than nine children and under the fo1;owing conditions only: (a) That there is provided on the lot or adjacent to the premises a play !ot not less than six hundred square feet in area. (h) That only one single-family resi- dence exist on the property. (c) That no required yard area be used for the piay lot area. (5) A three-family or a four-family dwelling when the side line of the lot abuts lots zoned for R-T. R-P, 12-1, C-2, C-M or "M", but in no case shall the erty used for such three- or four- family dwelling consist of more than one lot, or be more than ninety feet in width, whichever is the least. Section 601: HEIGET. No building in the R-2 Zone shall exceed a heizht of thirty-five feet. Section F02: FRONT YARD. Every lot in the R-2 zone shall have a front yard which has a depth not less than twenty feet, except that on key lots and on lots which side upon commercially or indus- trially zoned property, the depth of the required front yard need not exceed fif- teen feet. Section 603: SIDE YARDS. In the R-2 Zone every lot shall have side yards as follows: (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten per- cent of the width of the lot provided such side yard shell be not 'less than five feet in width and need not exceed ten feet. (2) Corner lots and reversed corner lots shall have the following side yards: (a) On the side lot line which ad- joins another lot the side yard shali be the same as that' required on an interior lot. (b) On the side street side the width of the required side yard shall be ten feet and such side yard shall extend the full width of the lot. Section 604 : PLACEMENT OF BUILD- INGS. Placement of buildings on any lot shall coniorm to the following: (1) INTERIOR LOTS. (a) No building shall OCCUPY any portion of a required yard. 0) Any building, any portion of which IS used for human habitation shall observe a distance from any side lot line the equivalent of the required side yard on such lot and from the rear property line the equivalent of twice the required side yard on the same lot. (c) The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet. (d) A non-dwelling accessory bnild- ing may bulld to the rear lot line and to the side lines to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line and shall main- tain a side yard of not less than five feet from the other side lot line. CORNER LOTS. (2) CORNER LOTS AND REVERSED (a) NO building shall occupy any portion of a required yard.. (b) Te distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall not be less than ten feet. (e) Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent of twice the required interior side vard on such lot. (d) On corner log an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall main- tain a distance not less than five feet from the rear line of such lot . (e) On a reversed corner lot an accessory building may build to the in- terior side lot line when located to the rear of the required side yard, but no building shall be erected closer to the property line of any abutting lot to the rear than the equivalent of the required interior side yard on such reversed corner lot, and further provided that if such reversed corner lot rears uaon an allev. an accessory building shall maintain dis- tance of five feet from the rear lot line. Section 605: AREA. The minimum re- auired area of a lot in the R2 Zone shall be not less than six thousand square fee< unless otherwise shown on the zoning map. Section 606: LOT AREA PER DWELL- ING UNIT. The minimum lot area per dwelling unit in the R-2 Zone shall be not less than twenty-five hundred square feet, provided that for lots having six thousand square feet of area or more, the minimum lot area per dwelling unit shall be not less than three thousand square feet Section 607: LOT WIDTH. In the R-2 Zone, every lot created after the effective date of this ordinance shall maintain a width at the rear line of the required front yard of not less than the following: dim *. $.* 1 (1) Lots required to have a min lot area of less than ten thousand square feet. sixty feet. (2) Lots required to have a minimum lot area between ten thousand square feet to, but not including twenty thous- and souare leet, seventy-five feet. (3) Lots required to have a minimum area of twenty thousand square feet or more, eighty feet. Section 608 : PERMISSIBLE LOT COV- ERAGE. All buildings, including accessory buildings and structures, shall not cover more than fifty percent of the area of a lot. ARTICLE 7 DENTIAL ZONE (R-3 ZONE) Section 700: PERMITTED USES. In the R-3 Zone only the following uses are permitted and as hereinafter specifically provided and allowed by this Article, sub- ject to the provisions of Article 15 gov- erning off-street parking requirements. (1) Any use permitted in the R-2 Zone. (2). Child care nurseries when there is provlded on the lot, or adjacent to the Premises, a single play lot not less than six hundred square feet in area plus an additional seventy-five square feet of area for each child in exms of nine. Such play lot shall not be located in any required front or side yard. (3) Group houses (bungalow courts) (4) Multiple dwellings (5) Rest homes (6) Hotels. motels, auto courts (7) The following signs: (a) Name plates not exceeding two square feet in area containing the name of the occupant of the Dremises. (b) One lighted identification sign not exceeding twenty square feet in area for permitted uses, provided such sign is stationary and non-flashing and is placed on the wall of the building and does not extend above or Out from the front wall and contains no advertising matter except the name and streeet address of the build- ing upon which it is placed. (e) One unlighted sign not exceed- ing twelve square feet in area per face pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed, or to identify public parking lots as permitted R-3 - MULTIPLELFANILY RESI- in this zone. (d) Signs identifying persons en- gaged in construction on a site shall be Permitted as long as construction is in progress. (8) A public parking area, developed as required by Section 1516 when the lot on which it is located in the R-3 Zone abuts upon a lot zoned for commercial or industrial purposes. Section 701: HEIGHT. In the R-3 Zone no building shall exceed a height of thirty-five fed Section 702: FRONT YARD. Every lot in the R-3 Zone shall have a front yard of not less than twenty feet. except that on key lots and lots which side upon commercially or industrially zoned pro- perty the deDth of the reuuired front yard need not ex&d fifteen feet. Section 703: SIDE YARDS. In the R-3 Zone every lot shall have side yards as follows: (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten per- cent of the width of the lot, provided that such side yard shall be not less than five feet in width and need not exceed tpn feet. .. (2) Corner lots and reversed corner lots shall have the following side yards: (a) On the side lot line which ad- joins another lot, the side yard shall be the same as that required on an interior lot. (b) On the side street side the width of the required side yard shall be ten feet and said side yard shall extend the full length of the lot. Section 704 : PLACEMENT OF BUILD- INGS. Placement of buildings on any lot shall conform to the following: (1) INTERIOR LOTS. (a) No building shall occupy any portion of a required yard. (F) Any building, any portion of which is used for human habitation shall observe a distance from any side lot line the equivalent of the required side sard on such lot and from the rear property line the equivalent of twice the required side vard on such lot. (c) The distance between buildings used for human habitation and between buildings used for human habitation and accessory bui!dings shall be not less than ten feet. . ..._ id) A non-dwelling accessory build- in3 may build to the rear lot line and to the side lines to the rear of the required side yad, provided if the lot rears upon an alley such itceessory building shall maintain a distance of not less than five feet from the rear lot line and may build to only one side lot line and shall maintain a side yard of not less than five feet from the other side lot line. (2) CORNER LOTS AND REVERSED CORNER LOTS. (a) No building shall occupy any portion of a required yard. (b) The distance between buildings used for human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet. (c) Any building, any portion of which is used for human habitation shall observe a distance from the rear property line the equivalent d twice the required interior side yard on such lot. (d) On corner lots an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard. provided if the lot rears upon an alley such accessory building shall main- tain a distance not less than five feet from the rear line of such lot. (e) Cn a reversed corner lot an accessory building may build to the inter- ior side lot line when located to the rear of the required side yard but no building shall be erected closer to the property line of any abutting lot to the rear than the equivalent of the required interior side yard on such reversed corner lot, and further provided that if such re- versed corner lot rears upon an alley, an accessory building shall maintain a distance of five feet from the rear lot line. &ction 705: AREA. The minimum re- wired area of a lot in the R-3 Zone shall be not less than six thousand square feet, unless otherwise shown on the zoning map. Section 706 : LOT AREA PER DWELL- ING UNIT. The minimum lot area per dwelling unit in the R-3 Zone shall be not less than twelve hundred square feet provided that for each room used for slmping purposes and not contained in a dwelling unit as defined in this ordi- nance, not less than four hundred fifty square feet of lot area shall be required. Section ‘707: LOT WIDTH. Every lot created after the effective date of this ordinance shall maintain a width not less than fifty feet at the rear line of the required front yard, provided however, if the 7oning map indicates a minimum renuired area of six thousand square feet or more, the minimum width of a lot shall be not less than sixty feet at the rear line of the required front yard. Section 708: PERMISSIBLE LOT COV- ERAGE. All building, including accessory buildings and structures, shall not cover more than sixty percent of the area of a lot. ARTICLE 8 R-P - RESIDENTIAL PROFJBSIONAL ZONE (R-PZONE) Section 800: PERMITTED USES. In an R-P Zone only the following uses are per- mitted as hereinafter specifically provided and allowed, subject to the provisions of Article 15 governing Off-street parking requirements. (1) Any use permitted in the R-3 Zone. (2) The following pr&s<onal ser- vices. (a) Accountants (b) Attorneys (c) Doctors, dentists, optometrista. chiropractors and others practicing the healing arts for human beings, and re- lated uses such as oculists, pharmacies (prescription only), biochemical labora- tories and X-ray laboratories. rd) Engineers, architects and plan- ners. (e) Private clubs, fraternities, soro- rities and lodges, excepting those the chief activity of which is a service cus- tomarily carried on as a business. (f) Institutions of a philanthropic or eleemosynary nature, except correc- tional and mental. (a) Real Estate Brokers. (h) Insurance agencies (I) Mortuaries (3) The following signs: (a) Name plates not exceeding two square feet in area containing the name of the occuoant of the-premises-. (b) Two identification signs, each m ot exceeding fifty sqaure feet in area wr face, or one sign not exceeding one hundred square feet in area per face for multiple dwellings, hotels, clubs, lodges and other permitted uses. (c) One sign, not to exceed twelve square feet in area per face giving infor- mation on availability of rentals on mul- tiple dwellings, hotels, clubs, lodges and similar permitted uses, or for eale or lease of the premises. Section 801: HEIGHT. No building shall exceed thirty-five feet in height. Section 802: FRONT YARD. Every lot shall have a front yard not less than twenty feet in depth, except that on key lots and lots which side upon commercially or industrially zoned property the depth of the required front yard need not exceed fifteen feet. Section 803: SIDE YARDS. In the R-P Zone every lot shall have side yards as follows : (1) Interior lots shall have a side yard on each side of the lot which side yard has a width not less than ten per- cent of the width of the lot provided that such side yard shall be noi less than five feet in width and need not exceed ten feet. (2) Corner lots and reversed corner lots shall have the following side yards: (a) On the side lot line which ad- joins another lot, the si& yard shall be the same as that required on an interior lot. (b) On the side street side the width of the required side yard shall be ten feet and such side yard shall extend the full length of the lot. Section 804: PLACEMENT OF BUILD- INGS. Placement of buildings on any lot shall conform t3 the followinz: (1) INTERIOR LOTS. (a) No building shall accupy any portion of a required yard. (b) Any building, any portion of which is used for human habitation, shall observe a distance from any side lot line the equivalent of the required side yard and from the rear property line the equivalent of twice the required side yard on such lot. (c) Tae distance between buildings used far human habitation and between buildings used for human habitation and accessory buildings shall be not less than ten feet .... ~ (d) A non-dwelling accessory build- ing may build to the rear lot line and to the side lines to the rear of the re- quired side yard, provided if the lot fears upon an alley such aucessory build- ing shall maintain a distance of not less than five feet from the rear lot line and may build tq only one side lot line and shall maintain a side yard of not less than five feet from the other side lot line. (2) CORNER LOTS AND REVERSED CORNER LOTS. (a) No building shall occupy any portion of a required yad (b) The distance between buildings used for human habitation and betwean buildings used for human habitation and accessory buildings shall be not less than ten feet. (c) Any building. any- portion of which is used for human habitation shall obsexve a distance from the rear property line the equivalent of twice the required interior side yard on such lot. (d) On corner lots an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall main- tain a distance not less than five feet from the rear line of sneh lot. (e) On a reversed corner lot an accessory building may build to the in- terior side lot line when located to the rear of the required side yard, but no building shall be erected closer to the property line of any abutting lot to the rear than the equivalent of the required interior side yard on such reversed comer lot, and further movided that if such reversed corner lot rears upon an alley, an an accessory building shall maintain a distance of five feet from the rear lot line. Section 805: AREA. The minimum re- quired area of a lot in the RP Zone shall be not less than five thousand square feet, unless otherwise shown on the roninp mau. Section 806 : LOT AREA PER DWELL- ING UNIT. The minimum lot area per dwelling unit in the RP Zone shall be eight hundred square feet, provided that for each room used for sleeping purposes and not contained in a dwelling unit as defined in this ordinance, not less than fcur hundred and Fif“,~ square fe. of lot ares shall be reauired. Section 807: LOT WIDTI?. In the R-P Zone, every lot created aftcr the effective date of this ordinance shall mainl:ain i: widt; of not less than the following: (,I) Lots rewired to have a minimum lot area of less than tm thousand souare feet - sixty feet. (2) Lots required to have a minimum lot area between ten thousand square feet to, but not including twenty t.housand square feet - seventy-five feet. 13) Lots reauired to have a minimum lot a& of twenty thourand square feet or m$re - eighty feet. Sectinn 808 : PERMISSIBLE LOT COV- ERAGE. AI1 buildinas. includina acces- sory -buildings and structures, shall not. cover more than sixty percent of the area of the lot. ARTICLE 9 R-T - RESIORNTIAL TOURIST zom (R-T ZONE) Section 900 : P33MITTED USES. In an R-T Zone only the following uses are permitted es are hereinafter specifically provided and allowsd, subject to the pro- visions of Article 15 governing off-street parking reouirements. (I) Any use permitted in the R-8 (Multinle-residential) Zone. (2) a0teis (3) Motels or auto courts {,4) Any public or private recreation facili,y such as beaches, bathhouses, boat rides, boat launching and docking facili- ties, dance halls, games of skill, refresh- ment facilities. eonmarcia1 uses accessory to recreation such as sporting goods shops, boat parts shops, boat repair facllitie$. bait saks. etc., and similar uses on!y under the fc?loming conditions: (a) Such uses shall be permitted only ir those R-T Zone areas designated on the zoning map as being potentially available for the herein swcified types of use by an approximate area designated on the zoning map hy a heavy dashed line and h-ving the designation of “Rec.” af- ter such areas have been processed in the manner prescribed for potmtidly classifled areas as set forth in Seetiom 1503. 1504 and 1505 of this ordinacce. Section 901: HEIGHT. In the R-T Zone no huildins shall exceed a hfight of thirty-five fcet. Section 902: FRONT YARD. Every IC*. in the R-T Zone chll have a front yard of not less than ten feet, except that on key lots and lots which side upon com- mercia:!y or industriallv zoned propertv the dwth of the rewired front yard need not exceed fire feet. Section 903: SIDE YARDS. In the R-T Zone every lot shall hare side yards as follows : (1) Interior lots sh:til have a side yard on each si?e of the lot of not less eEsn four feet :n width. (2) Comer lots and reversed corner lots sLa!I have the followinc side sards. (a) On the side lot line which ndjoins another lot. the side yard shall be the zame as that required on an in- terior lot (b) On the side street side the ~3% of the re?xir,ed side yard shnli be eight feet. Section 904: PJ,ACEME:WT OF RUILD- INGS. Placement of buildings on any lot shnll conform to the following: (If rWCFRIOF1 -LOTS. (a) No buildinrr shall occupy any portion of a rewired wrd.. ib) Any buildinn, any port:.on of which is used for human habitation shall observe a distance froi?, any side lot line the Priuivalent of tho required side ynrd on wch lot and from the rear propert.. line the eouivalent of twice the required side yard on sich lot. (c) The distance between hoildings uscA for human hnbitaticn and between builJings used for human habitation and accessory buildings sha?l be equal to twice the renuired side yard on t.he same lot. (d) A non-dwelling accessors~ build- ina mav build to the rear lot line and to the side lines to the reor of the re- quired. side vard, provided if the lot rears upon xn alley such accessory huildina shall maintain a distance of not less than five-feet from the renr lot line and may build to on!v one side lot line. (2) CORNEX LOTS ANI) RPVXRSXD CORNXR T.OTS. (a) No builclina shzll OCCUDY any porticn of a rr-uired yard. (b) The distance between boildinqs used for human habitation and between buildinm used for human habitation and accessory buildings shall be waai to twice the required interior side yard cil the same lot. (e) Any building, any portisn of which is used Cor human habitation shs:! o5serve a distance from the rear properyi line the equivnlent of twice the require5 interior side vard on such lot (d) On corner lots an accessory building may build to the rear lot line and to the interior side lot line when located to the rear of the required side yard, provided if the lot rears upon an alley such accessory building shall main- pin a distance not less than five feet rrom the rear line of such lot On a reversed corner lot ?n accessory building may build to the in- terior side lot line when located to the rear of the required side yard but no building shall be erected closer to the prowrty line of any abutting lot to the rear than the .muivalent of the renuired interior side yard on such reversed corner lot, and further provided that if such reversed corner lot ”ears upon an alley, an accessory building shall mainbin a distance of five feet from the rear lot line. Section 905: AREA. The minimum re- quired area of a let in the R-T Zone shall be not less than four thousand square feet. unless otherwise shown on the zoninz mao. (e) Section 906 : LOT AREA PER DWELL- ING UNIT. The minimum lot area per dwelling unit in the R-T Zone shall be cot less than eight hundred square feet provided that for each room used for sleeping purposes and not contained in a dwelling unit 3s defined in this ordi- nance not less than four hundred fifty square feet of lot area shall be required. Section 907: LOT WIDTH. Every lot created after the effective date of this ordinance sha!l maintain a width not less than fortv feet at the rear line of the mildings and structures. shall not cover more than seventy-five perant of the area of a lot ARTICLE 10 C-1 - NEIGXBORHOOD COMMERCIAL ZONE (C-1 ZONE) Section 1000: PERMITTED USES. In a C-1 Zone only the following uses are permitted as are hereinafter specifically provided and allowed, subject to the pro- visions of Article 15 governing off-street parking requirements, except that only that portion of a building located zbove the ground floor may be used for dwelling Purpmes unless otherwise specifically per- mitted hereunder. (1) Accountants (2) Attorneys (3) Bakeries (4) Barber shops or beauty parlors (5) Book or stationery stores (6) Doctors, dentists, optometrists, chiropractors and others practicing tbe healing arts for human beings, and related uses such as oculists, pharmacies (pre- scription only), biochemical laboratories and X-ray laboratories. (7) Dressmaking or millinery shops. (8) Drug stores (9) Dry goods or notion stores (10) Engineers, srchitects and plan- (11) Florist shops (12) Grocery or fruit stores (13) Hardware stores (14) Hotels, Auto Courts, Motels (15) Jewelry stores (16) Laundries or clothes cleaninn ners aaencies (17) La.undromats (18) Liquor stores (off-sale) (19) Meat markets, delicatessen stores, paint stores and pet supply shops. (20) Private clubs, fraternities, sorori- ties and lodges, excepting those the chief activity of which is a service customarily carried on as a business. (21) Institutions of a philanthropic or eleemosynary nature, except correc- tional or mental. (22) Realtors (23) Restaurants, tea rooms or cafes (excluding dancing or entertainment and on-sale liquor). (24) Service stations (25) Signs 126) Shoe stores or repair shops (27) Tailors, clothing or wearing ap- (28) Similar establishments catering Section 1001: LIMITATIONS ON PER- parel shops directly to consumers. _,- xr,D USES iN C-1 ZOm. Every use pitrnitted shzii be subject to the following r:or-:!itions and limitations: (1) All UFES shall be conducted wholly :Tifhin a SuiIding except such uses as clivc-in restrurants, gasoline stations, electri.-al transformer substations and mrsaries for saie of giants and flou*era am1 similar enterprises customarily con- ducted in the open. (2) Products made incident to a per- mittc:! use shall be sold only at retail on the premises, and not more than five versons may be emuloved in the manu- facturing, processing and treatment of products permitted herein. (3) Permitted signs shall be limited to iaentification of occupants, type of use or commodities sold or serviced on the premises, or the lease, sale or rental of the premises. (4) Storage shall be limited to acces- sory storage of commodities sold at retail on the premises. Section 1002 : HEIGHT. No commercial structures shall exceed a height of thirty- five feet. Section 1003: FRONT YARD. No front yard shall be provided except as may be required by a precise plan. Section 1004: SIDE YARDS. Unless otherwise required by a precise plan, no side yard need be provided. Section 1005 : PLACEMENT OF BPILD- INGS. On any lot, the rear lot line of which abuts property in any “R” zone and no alley intervenes, no building shall be erected closer than ten feet to the rear lot line; provided further if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot. ARTICLE 11 C-2 - GENERAL COMMERCIAL ZONE (C-2 ZONE) Section 1100 : PERMITTED USES. In a C-2 Zone only the following uses are permitted as hereinafter specifically pro- vided and allowed by this Article subject to the provisions of Article 15 governing off-street parking requirements, except that only that portion of a building located above the ground floor may be used for dwelling purposes unless otherwise sppecifi- cally permitted hereunder. (I) Any use permitted in the C-1 Zone. (2) Auto repairing (3) Bars and cocktail lounges (on-sale liquor) (4) Newspaper, printers. (5) Photo engraving (6) Upholstering shops (7) Retail, whoIesaLe or service busi- nesses catering directly to the consumer. (8) Pet Shop Section 1101: LIMITATIONS ON PER MITTED USES Every use permitted in the C-2 Zone &all be subject to the fol- loving conditions and limitations: (1) All uses shall he conducted whdb within an enclosed building except such uses as drive-in restaurants, gasoline eta- tions electrical transformer substations and ’horticultural nurseries, and similar enterprises customarily conducted in the open. (2) Products made incident to a per- mitted use and manufactured or processed on the premises, shall be sold only at retail on the premises, and not more than five persons may be employed in such manufacturing, processing and treat- ment of products. (3) Storage shall be limited to ace-- sory storage of commodities sold at retail on the premises. Section 1102: HEIGHT. No building in the C-2 Zone shall exceed thirty-five feet. Section 1103: FRONT YARD. No front yard shall be provided except as may be required by a precise plan. Section 1104: PLACEMENT OF BUILD- INGS. On any lot, the rear lot line of which abuts property in any “R” Zune and no alley interven.es, no building shall be erected closer than ten feet to the rear lot line; provided further if such a lot abuts upon an aIley, no building shall be erected closer than five feet to the rear lot line of such lot, kRTICLE 12 C-M - HEAVY COMMERCIAL - LIMITED INDUSTRIAL ZONE (C-M ZONE) Section 1200: PERMITTED USES. In a C-M Zone only the following uses are per- mitted as are hereinafter specifically pro- vided and allowed, subject to provisions of Article 15 governing off-street parking requirements. except - (a) Hotels, motels and auto courts (b) Hospitals (industrial emergency hospitals are permitted). (c) Institutions or homes for the treatment of convalescent persons, chil- dren, aged persons, alcoholics, the wounded or mentally infirm. (d) Private clubs, fraternities, soro- rities and lodges, excepting those the chief activity of which is a service customarily carried on as a business. (e) Institutions of a philanthropic or eleemosynary nature, including correc- tional and mental. (2) A dwelling on the same lot on which a factory is located, when such dwelling is used exclusively by a care- taker or superintendent of such factory and his family. When such dwelling is established, all required yards in the R3 Zone shall be maintained, (3) Assembly of electrical appliances such as - (a) Electronic instruments and de- vices. (b) Radios and phonographs, in- cluding manufacture of small parts, such as coils. (4) Auction houses or stores (5) Boat building (limited to those craft which may be transported over a State Hisxhway without permit). (6) Building material storage yards. (7) Cabinet shops (8) Car laundry, using assembly line Fype process or other specialized progress- ing servlce. (9) Carpet cleaning plants (10) Ceramic products, manufacture of, including figurines, using only previ- ously pulverized clay and kilns fired only by electricity or low pressure gas. (11) Cleaning and dyeing plants. (12) Contractor’s storage yards (13) Frozen Food lockers (14) Glass studios, staining, edging, beveling and silvering in connection with sale of mirrors and glass for decorating purposes. (15) Laboratories, experimental, mo- tion picture, testing. (16) Laundries (17) Lumber yards (no planing mills and burners). (18) Musical instruments, manufae- ture of. (19) Plumbing shops and plumbing shop SUPP~Y yards. (20) Public scales. (21) Parcel service delivery. (22) Wholesale businesses, storage buildings and warehouses. (23) Other commercial and industrial businesses or enterprises when processed in the manner specified in Article 15. (24) Body and fender works, includ- ing painting. (25) Feed and fuel yards. (26) Machine show (27) Sheet metal shops (28) Tire rebuilding, recapping and (29) Veterinarians, kennels and small retreading. animal hospitals. Section 1201 : LIMITATIONS ON PER MITTED USES. Every use permitted shall be subject to the following condi- tions and limitations : (I) When an industrial area fronts or sides upon a thoroughfare the opposite side of which is classified for “R Pur- poses, there shall be maintained a building line setback of ten percent of the average depth of the lots in each block of such industrial area, provided such setback shall not be less than ten feet nor exceed fifty feet in depth. A minimum strip of landscaping approved by the Planning Commission shall be maintained along all frontage of the setback area In addition thereto the following uses may be per- mitted in such setback area: (a) Landscaping (b) Motor vehicle parking (only if surfaced in such manner as to eliminate dust or mud). (c) Employees recreational area without structures. (d) Driveways (only if surfaced in such manner as to eliminate dust or mud). (e) Railroad spur tracks, excluding storage of railroad motive power equip- ment or rolling stock. (f) An ornamental open type fence not over eight feet in height, made of material surh as woven wire, wood, weld- ed wire, chain link or wrought iron. (2) All uses shall be conducted wholly within a completely enclosed building, or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than five f+ in height, except such uses as drive-in restaurants, gaso- line stations, electrical transformer sub- stations and horticultural nurseries an 9- bjectionable or incompatible with the similar enterprises customarily conducted character of the Citv and ita environs in the opeu, provided such exclusion shall not include storage yards, contractors vards and like uses. (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust. mud. smoke. vibration or other similar causes. Section 1202: HEIGHT. No building in the C-M Zone shall exceed a height of thirty-five feet. Section 1203: FRONT YARD. No front yard shall he provided except as may be required by a precise plan. Section 1204: SIDE YARDS. No side yards shall be provided except aa may 6e rewired by a precise plan. Section 1205 : PLACEMENT OF BUILD- INGS. On any lot, the rear lot line of which abuts property in any “R” Zone and no alley intervenes, no building shall be erected closer than ten feet to the rear lot line: provided further. if such a lot abuts upon an alley, no building shall be erected closer than five feet to the rear lot line of such lot. ARTICLE 13 “M” - INDUSTRIAL ZONE (“M” ZONE) Section 1300: PERMITTED USE’S. In an “M” Zone only the following uses are permitted as are hereinafter specifically provided and allowed, subject to the pro- visions of Article 16 governing off-street parking requirements. (1) Any use permitted in the C-M Zone, except that a dwelling conforming to the yard requirements of the R3 Zone shall be permitted on the same lot on which a factory is located, and which dwelling is used exclusively by a care- taker or superintendent of - such factory and his familv. (2) Automobile assembly, dismantling and used parts storage when operated or maintained wholly within a building. (3) Automobile painting. All painting, sanding and baking shall be conducted wholly within a building. (4) Bakeries (5) Body and fender works, including painting. (6) Bottling plants. (7) Breweries. (8) Creameries. (9) Dairy products manufacture. (IO) Draying, freighting or trucking yards or terminals. (11) Electric or neon sian manufab ture. serving and freezing. (12) Feed and fuel yards. (13) Fruit and vegetable canning, pre- (14) Food nroducts manufacture. stor- age and process of, except lard, Gickles, sauerkraut, sausage or vinegar. (15) Fruit packing housea. (16) Furniture manufacture. (17) Garment manufacturers. (18) Ice and cold storage plants. (19) Lumber yards. (20) Machine shops. (21) Manufacture of mefabricated buildings. (22) Mills, planing (provided they are first reviewed and granted a condi- tional use permit as wovided in Article 18). (23) Plastics, fabrication from (24) Poultry and rabbit slaughter (provided they are first reviewed and granted a conditional use permit as pro- vided in Article 18). (25) Public utilities service yards or electrical receiving and/or transforming stations. (Generating plants after review for conditional use permit). (26) Rubber, fabrication of product9 made from finished rubber. (27) Sheet metal shops. (28) Shoe manufacturing. (29) Soap manufacture, cold mix only. (30) Stone monument works. (31) Storage space for transit and transportation equipment, except freight classification yards. (32) Textinle manufacture. (33) Tire rebuilding, recapping and retreading. (34) Truck steam cleaning equipment. (35) Veterinarians, kennels and small animals hospitals. (36) Any industrial use not specifi- cally permitted herein must be reviewed as provided in Article 18 for a Condi- tional Use Permit in order to locate in- dustry in its proper and available location in the region and prevent conflict with the high degree of residential development existing in and around the City of Carls- bad. (37) Any use that is found to be due to noise, dust, bdors or other un- desirable characteristics may be prohibited. Section 1301: FRONT YARD. Any building structure, or any part thereof in an “M’ Zone shall have a front yard only when any one or more of the fol- lowing conditions apply: (1) If the premises is devoted to an “R” use in the “M” Zone, the depth of the front yard shall conform to the front yard requirements in the R3 Zone. (2) When property classified for “M” purposes comprises part of the frontage in a block on one side of a street between intersecting streets and the remainder of the frontage in the same block is classi- fied for “R” purposes, the front yard in such “M” Zona shall conform to the front yard required in the R-3 Zone. (3) A front yard shall be provided as may be required by a precise plan, variance or conditional use permit. Section 1302: SIDE YARDS. Every lot in an “M” Zone when used for “C” or “M’ purposes, need provide no side yards except such as may be incorporated in a precise plan or in a conditional use per- mit or variance. Section 1303 : BUILDINGS PLACE- MENT. No building shall be erkted closer than ten feet to the rear lot line of any lot zoned for “C” or “M” purposes when such lot abuts upon property classified for “R” purposes and no alley intervenes. Any building located on an alley and having an opening used as a means of access from such alley shall maintain a distance of not less than five feet from such alley. Seetion 1304: HEIGHT. No building in the “M” Zone shall exceed a height of two stories or thirty-five feet, whichever is the lesser. ARTICLE 14 CONDITIONAL USES Section 1400: PERMXTTED USES. AI1 of the following, and all matters directly tdated thereto are declared to be uses possessing characteristics of such unique and special form 89 to make impractical their being included automatically in any classes of use as set forth in the various zones herein defined, and the authority for th location and ,operation thereof shall be subject to review and the issu- ance of a Conditional Use Permit. The purpose of review shall be to determine that the characteristics of any such use shall not he unreasonably incompatible with type of use permitted in surrounding area and for the further purpose of stipu- lating such conditions as may reasonably as” that the basic purposes of this or- dinance shall be served. Factors to be con- sidFred are (1) damage or nuisance from noise. smoke, odor, dust, vibration, etc., (2) hazard from explosion, contamination or fire, (3) hazard occasioned by unusual voliime or oharacter of traffic or the con- gregatinz of a large number of people or vehicles. Conditional Use Permits shall he nrocessed in the manner specified in Article (1) 20. Airports and landing fields. (2) Automobile trailer parks or camps. (3) Borrow pits to a depth of over three feet. 14) Cemeteries. (5) Columbariums, crematories and mausoleums. provided these uses are spe- rifically excluded from the R1 and R-2 Zones, unless inside of a cemetery. (6) Dumps, and commercial incinera- tors. (7) EducationaI institutions. 8) Puhlic buildings. 9) Public parks and recreation areas. (10) Establishments or enterprises in- volving large assemblages of people or automobiles as follows, provided these uses are specifically excluded from the RI, R-2 and R-3 Zones: (a) Amusement parks (b) Boat launching, docking facili- I ties and accessory uses. (e) Circuses, carnivals or fair- grounds (d) Labor camps (e) Open air theatres (f) Race tracks and rodeos (g) Recreational centers privately operated. (h) Hospitals, provided they are s~ecifjcall~ excluded from 6he R-1 and R-2 Zones. fil Stadiums (io) InStitutions for treatment of alcoholics, provided these uses shall be specifically excluded from the R-1, R-2 and R3 Zones. (11) Jail farms or honor farms, pub- licly owned and used for the rehabilitation OF prkoners, provided these uses shall Le specKically excluded from the R-1, X-2 and R-S Zones. (12) Mental hospitals. provided they are ewiude3 from all “R” Zones. (is) Natural mineral resources, the development of, together with the neces- sari- buildings, apparatus or appurtenances incident thereto, provided that no review or permit shall lx required for the ex- ploration of oil. rock, sand, gravel or clay if this or any other ordinance makes separate provisions with respect thereto. (14) Public utilities or utilities operat- ed by mutual agencies consisting a€ water wells, gas metering and regulating sta- tions, telephone exchanges, booster sta- tions or conversion plnnts with the neces- sary buildings, apparatus or appurtenances incident thereto, but not including distri- bution mains. (15) Radio or television transmitters. (16) Refuse, dispcsal of (17) Sewage disposal plant provided they are excluded from the R-8, R-1. R-2 and R-3 Zones. Section 1401 : YARD REQUIXEMENTS. The previsions for required front and side yards apglicable to the pzcticular zone in which any such use is prpposed to be lncated shall prevai!, unles in the findings and conditions recited in the resolution dealing with each such matter specific exemptions are made with respect thereto. Section 1402: HEIGHT AND AREA HBQUIREMENTS. The provisions for height and area applicable to the particu- lar zone in which any such use is pro- posed to be located shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions are made with respect thereto. Section 1403 : OFF-STR.EET PARXXNG REQUIREMENTS. The reclulrcments for provision of off-street parking applicable to the particular use shall prevail un!ess in the findjngs and conditions recited in the resolution dealing with each such matter specific exemptions are made with respect thereto. ARTICLE 15 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS USE Section 1500 : FOREGOING REGULA- TIONS SUBJECT TO. THIS ARTlCLE. Tbe foregoing regulations perta:mng tr, the several zones shall be subject to the general provisions, conditions and excep- tiozs contained in this Article. Seetion 15.01: LIMITATION OF LAND USE. Escept as provided in this Article. no building. shall be erected, reconstructed or structurally altered, nor shall an? building or land be irsed for any pnruose otheT than is specifically permitted in the same zone in which such building or land is located. Section 1502: CLARIFICATIOW OF AMBIGUITY. IC ambiguity arises cmrern- ing the appropriate classification of a particular use witLin the meanine and intent of this ordinance, or if ambisuitv exists with respect to matters of height. yard requirements. area requirements or zone boundaries, as set forth herein and as they may pertain to uni‘oreseen circum- stances including technological changcs in prodessing of materials, it shall, be the duty of the Planning Commission to ascertain all pertinent facts 2nd bv Resolution of Rec0r.d set forth its fixdings and its interpret?-t!ons, and such Resoln- tinn shall be forwarded to the City Coun- cil and, if anproved by resolution of the City Counc:l. thereafter such interpreta- tion shal! xovern. Section 1503: USE COIQTROL 1N RR- CLASSIFIZD PRECISED PLAN. In order to sssure thzt the purpose and provisions of a formally-adopted precise ?!an of record sha.11 be conformed to, the land reclamified within any prccised plan shall be liniited exclusively to such uses as are first permitted in the zone to which it is classified. Uses shown on such precised plan, fncluding automobile parkine, shall conform to such precired plan. even though such use, or uses. are not other- wise suecificallp classified by this ordi- nance as permissible in any given zone. Section 1504 : INDICATED POTRYTIAT. CLASSIFICATIONS. Where areas art? shown upon the zoning map enclosed within a dashed line. the area thus shown is intended to approximate the location of the areas to he reclassified for the type of land-use indicated by the symbol there- in enc!osed within a circle. Such future clajsificction designation shall be a part of thp Zoning Map and may be adcpted or amended only in the manner prescribed for the reclassifying of property as re- quired in Article 19 of this ordinance. Uncircurnscribed symbols shown within such areas represent the classification of such properties until they are processed as set forth herein. The designation of a future classifica- tion is bawd on a recognition of the suitability of location for the type of use indiczted by circumscribed symbol and the impracticability of precisely classify- ing such property for particular types of use until such lands are precisely de- signed and precisely planned so as to establish location and dimensions of any streets, allers, parking areas, building sites and similar features pertinent to zoning. Section 1505 : TRANSLATING POTEN- TIAL CLASSIFICATIONS TO PERMIS- SIBLE USE. Types of land-use indicated by circumscribed symbols within areas identified on the zoning map by a dashed line may be activated and made permis- sible uses by the adoption of a urecised plan of design for the area. Sufh pre- cise plan shall be adopted as a part of the proceedings for the reclassification of property to the indicated potential zone as provided in Article 19 and the map adopted thereby shall constitute an amend- rr.ent to the Zoning Map. This precise plan shall by map, diap-ram or test, or all of them, indicate boundaries, design, arrangement and dimensions of any streets, alleys, parking areas, building sites and similar features pertinent to precised zoning. The comprehensive pro- visions of such precise plan shall take precedence over the individual provisions af this ordinance covering subjects such as pcrking, yards, etc. Section 1506 : PUBLIC UTILITIES. The provisions of this ordinance shall not be construed to limit or interfere with the installation, maintenance and opera- tion of mulxal water companies or public utility pipe lines and electric 9r telephone transmission lines, or railroads, when located in accordance with the applicable rules and regulations of the Public Utilj- ties Commission of the State of California within rights-of-way, easements, franchises or ownerships of such public utilities. Section 1507 : TEMPORARY REAL 3s- TATE OFFICE. One temporary real estate office may be located on any new sub- division in any zone, provided that such office, if in any “R’ Zone, shall be re- moved at the end of a twelve month period measurer? from the date of the recording of the map of the subdivision upon which said office is located, Section 1508: TEMPORARY REAL ES- TATE SIGNS. Two temporary real estate billboards. not to exceed fifty square feet in area uer face, or one billboard not to exceed an a.rea of one hundred square feet per face may be located on any new subdivision in any zone, provided such billboards, if in any “R” Zone, shall be removed at the end of a twelve month period measured from the date of the re- cording of the map of the subdivision upon whioh said billboard or billboards are located. Section 1509 : TEMPORARY CON- STR7JCTION BUILDINGS. Temoorarv &&res for the housing of took and equipment, or containing supervisory of- fices in connection with major construc- tion on major construction projects may be established and maintained during the orogress of such construction on such project and shall be abated within sixty davs after comuletion. 01’ skty days after ceisation of work. Section 1510 : REQOIRED OFF-STREET PARKING. Every building, or portion of building hereafter erected. shall be pro- vided with permanently maintained park- ing space as provided in this Article, and such parking space shall be made per- manently available and be permanently maintained for parking purposes, provid- ed, however, that any altera5ons or ad- ditions providing less than five hundred square feet of additional floor space shall be exempted from this rwuirement. Section 1511: PARKIhTG SPACES RE- PUIRED. The number of off-street park- ing spaces required shall he no less than as set forth in the following: USE Automobile courts (motels) PARKING SPACES REQUIRED 1 for each sleeping unit or dwelling unit. USE Barks, business or professional offices- PARKING SPACES REQUZRED ? for eich 400 sq. ft. of gross floor area. USE Bowlinz alleys- 4 for each alley. PARKING SPACES REQUIRED USE Churches-. PARKING SPACES -REQUIRED 1 for each 6 seats, or if there are no fixed seats, then 1 for each 100 sq. ft. of floor space used for assembly pur- poses. USE Dwellings, one-, two-family or multiple PARKING SPACES REQUIRED 1 for each dwelling unit. USE Estahlishments for the sale and consump- tion on the premises of food and bev- erages- USE --haring less than 4,000 sq. ft. of floor are$- PARKTNG SPACES REQUIRED 1 for each 100 si. ft. of gross floor area. USE -having 4,000 89. ft. of floor area or PARKING SPACES REQUIRED 40 p!us I for each 50 sq. ft. of gross floor USE Furniture and appliance stores, hardwtre stores, household wuipment, service shops, clothing or shoe repair or per- soml service shops- PARKING SPACES REQUIRED 1 for each 600 sa. ft. of gross floor area. USE Hospitals- PARKING SPACES REQUIRED 2 for each bed. more- ara in excess of 4,000 sq. ft USE PARKING SPACES REQUIRED 1 for each room up to 6 bedrooms and 1 for each 3 bedrooms in excess of 6 bed- rooms- Hotel?-- USE Libraries- PARKING SPACES REQUIRED 1 for each 250 sa. ft. of gross floor area. ‘ITSF: - __ Library stations and museums- PARKING SPACES REQUIRED I for each 500 sq. ft. of gross floor area USE Manufacturing uses, re:earch and testing laboratories, creameries, bottling estab- lishments, bakeries, canneries, printin& and engraving shops- PARKING SPACES REQUIRED 1 for each 3 employees on the maximum working shift, or not less than 1 for each ROO so. ft. of gross floor area, whichever amount is the greater. USE Medical or dental clinics and medical- professional offices- PARKING SPACES REQUIRED 1 for each 200 sq. ft. of gross floor area. USE Mortuaries- PARKING SPACES REQUIRED 1 for each 50 sq. ft. of floor area of assembly rwms used for service. USE Motor vehicle, machinery sales or whole- sale stores- PARKING SPACES REQUIRED 1 for each 1,000 sq. ft of gross floor area or 1 for each 5 employees. whichever arnount is greater. USE Offices not providing customer service on the premises- PARKING SPACES REQUIRED 1 for each 4 employees or for each 800 square feet of gross floor area, which- ever is the greater. USE Retail stores, except as otherwise speci- 1TSZw fied herein- -having not more-;.& 6.000 sa. ft of floor area- .. . + ‘ ’ * GARKING SPACES REQUIRE@ 1 for each 300 sq. ft. of gross floor area. (b) for hospitals, sanitariums, homes for t*m aged, asylums, orphanages. Sanitariums, children‘s horn, homes for PARKING SPACES REQUIRED 1 for each 3 beds. aged, asylums, nursing homes- Sanitariums, children‘s horn, homes for PARKING SPACES REQUIRED 1 for each 3 beds. aged, asylums, nursing homes- USE PARKING SPACES REQUIRED 1 for each 2 emgdoyees. Schwls- USE --having more than 5,000 sq. ft. but not more than 20,000 sq. ft. of floor area- PARKING SPACES REQUIRED 17. plus 1 for each 150 sq. ft. of gross floor area in exms of 5,000 sq. it. rooms- PARKING SP-ACES REQUIRED TTSE 1 for each 2 sleeping rooms. rooming houses. lodging houses club rooms, fraternity and sorority houies not more than one hundred and fifty feet from the buildings they are required to serve; and (c) for uses other than those speci- fied above, not over three hundred feet from the building they are required to -having more than 20,000 sq. ft. of (3) Mixed Occupancies in a Building: floor area- In the case of mixed uses in a building PARKING SPACES REQUIRED or on a lot. the total requirements for 17, plus 1 for each 160 sq. fb of gross off-street parking facilities shall be the floor area in excess of 6,000 sq. ft. sum of the requirements for the various plus 1 for each 100 sq. ft. of gross fIooi uses computed separately. Off-street park- area in excess of 20,000 sq. ft. ing facilities for one use shall not be considered as providing required parking USE facilities for any other use except aa and fraternity houses having sleeping (4) Joint Use. The Planning Commis- sion may, upon application by the owner or lessee of any property authorize the joint use of parking facilihes by tha fol- lowing uses or activities under the condi- tions specified herein: (a) UP to fifty percent of the park- ing facilities required by this Article for a use considered to be primarily a day- time use may be provided by the parking facilities of a use considered to be pri- marily a nighttime use; up to fifty per- cent of the parking facilities required by this Article for a use considered to be primarily a nighttime use may be pro- vided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph (d) below. (b) Up to one hundred percent of the parking facilities required by this Article for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph (a) below. (c) The following uses are typical daytime uses: banks, business offices, re- tail stores, personal service shops, cloth- ing or shoe repair or service shops, manu- facturing or wholesale buildings and simi- lar uses. The following uses are typical of nighttime and/or Sunday uses; audi- toriums incidental to a nublic or narn- USE serve Rooming houses, lodging houses, clubs hereinafter specified for joint use. USE Stadiums, sports arenas, auditoriums, (in- cluding school auditoriums) and other places of public assembly, and clubs and lodges having no sleeping quartms- PARKING SPACES REQUIRED 1 for each 5 seats and/or 1 for each 100 sq. ft. of gross floor area used for assembly and not containing fixed seats. USE PARKING SPACES REQUIRED Theatres- 1 for each 5 mats up to 800 seats, plus . . 1 for each 8 seats over 800 seats. USE Transportation terminaI facilities- PARKING SPACES REQUIRED Adequate number as determined by the Planning Commission. --^- u SI Warehouses and storage buildings- PARKTNG SPACES REQUIRED 1 for each 5 employees. Section 1512 : PARKING REQUIRE MENTS FOR USES NOT SPEICIFIED. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shall be determined by the Planning Com- mission in the manner set forth in Sa- tion 1602 and such determination shall be based’upon the requirements for the most comparable use specified herein. Section 1513: PARKING PROVISIONS MAY BE WAIVED BY COMMISSION. The Commission may, by resolution, waive or modify the provisions as herein set forth establishing required parking areas for uses such as electrical power generat- ing plants, electrical transformer stations, utility or corporation storage yards or other uses of a similar or like nature re- quiring a very limited number of persons. Section 1514: GENERAL REQUIRE- MENTS. The following general require- ments shall apply: (1) Size and Access: Each off-street Parking space shall have an area of not less than one hundred and seventy square feet exclusive of drives or aisles, and a width of not less than eight and one-half feet. Each such space shall be provided with adequate ingress and egress. When the required parking space for a pne-, tw+ or multiple-family structure in any ‘‘R” Zone is not to be provided in a covered garage, each such required car space shall be not less than two hun- dred square feet in area and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of this ordinance. (2) Locations: Off-street parking fa- cilities shall be located as hereinafter sp+ cified. Where a distance is suecified. such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required chial school, churches, dance halls, be& tres and bars. (d) Conditions required for joint UYS: (1) The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within one hundred fifty fet of such parking facility. (2) The applicant shall show that there is no sl2bstantial conflict in the principal operating hours of the buildings or uses f3r which the joint use of off- street parking facilities is proposed. (3) Parties concerned in the joint use of off-rfreet parking facilities shall evidence agreement for such joint use by a prcper legal instrument approved by the City Attorney as to form and con- tent. Such instrument, when approved as conforming to the provisions of this ordinance, shall be recorded in the office of the County Recorder and copies thereof filed with the Building Department and the Planning Commission. (5) Common Facilities. Common park- i?g fpciliti-s may be provided in lieu of the individual requirements contained herein. but such facilities shall be ap- p.roved by the Planning Commission as to swe, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum cf the various uses computed separately. When any such common facility is to occupy a site of five thousand square feet or more. then the parking requirements as specified herein for each of two or more uarticipatina buildings or uses may be reduced not more than fifteen percent upon approval of development plans by the Planning Commission in the manner prescribed for a conditional use permit as set forth in Article 18. (6) Plans. The plan of the proposed parking ?rea shall be submitted to the building department at the time of the application for the building permit for the buildins to which the parking area IS accescory. The plans shall clearly in- dicate the Drouosed develonment includinF to serve: location, &e,. shape, design. curb cnts; (a) for one-, two- or multiple-family !ightina, landwaping and other features dwellings, parking facilities shall be lo- and appurtenances of the proposed park- caten on the same lot or building-site as ing lot. the buildings they are required to serve: All parking areas shall be subject to QB e same restrictions governing accessory buildings as defined in the zone in which said parking area is located. QB e same restrictions governing accessory buildings as defined in the zone in which said parking area is located. Section 1515 : COMPREHENSIVX PLAN“ FACILITIES. Areas may be exempted from the parking requirements as otherwise set up in this Article, pro- vided: (1) Such area shall be accurately defined by the Planning Commission after processing in the same manner required for an aimndment to the zoning ordi- nance. (2) No such district may be established and exempted from the provisions of Sec- tion 1511 unless sixtv wrcent or more of all record lots comprising such proposed district are zoned to uses first permitted in a “C” or “M’ zone. (3) Such exemptions shall apply only :~~,.~ses first permitted in the “C” or mnw ._~ ...._ (4) Before such defined district shall be exempt as provided in this Section, active proceedings under any applicable legislative authority shall be instituted to assum that the exempted area shall be provided with comprehensive parking fa- cilities which will reasonably serve the entire district. Section 1516 : REQUIRED IMPROVE- MENT AND MAINTENANCE OF PARK- ING AREA Every lot used as a public or private parking area and having a capac- ity of five or more vehicles shall be developed and maintained in the following manner : (1) Surfacing. Off-sheet parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across qidewalks. (2) Border barricades, screening and landscaping. (a) Every parking area that is not separated by a fence from any street or alley property line uwn which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than six inches in height; located not less than two feet from such street or alley pro- perty lines and such curb or barrier shall be securely installed and maintained : pro- vided no such curb or barrier shall be required across any driveway or entrance to such parking area. (b) Every parking area abutting property located in one of the “R” zones shall be separated from such property by a solid wall, view-obscuring fence or com- pact evergreen hedge six fet in heisht measured from the grade of the finished surface of such parking lot closest to the contiguous “R” zone property, pro- vided that along the required front yard the fence, wall or hedge shall not exceed forty-two inches in height. No such wall, fence or hedge need be provided where the elevation of that portion of the park- ing area immediately adjacent to an “R” zone is six feet or more balow the de- Fation of such “R” zone property along the common property line. (e) Any lights provided to illumi- nate any public parking area, semi-public parking area or used car sales area per- mitted by this ordinance shall be so ar- ranged as to reflect the light away from any premises upon which a dwelling unit is located. (3) Entrances and exits. The loeation and design of all entrances and exits shall be subject to the appraval of the Planning Director or other designated person, provided no enhance or exit other than on or from an alley shall be closer than five feet to any lot located in an “R” zone. Section 1517: PARKING AREAS IN R-3, R-P and R-T ZONES. Every park- ing area located in an R-3. R-P or R-T Zone shall be governed by the following provisions in addition to those required above: (1) No parking lot to be used as an accessory to a commercial or industrial estahlishmznt shall be established until it shall first have been reviewed by the Planning Commission and its location approved. Such approval may be. condi- tioned upon the Commission’s requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area. (2) Such a parking lot to be used as an accessory to a permitted commercial or industrial establishment shall be so b rated that the boundary of such parking lot closest to the site of the commercial or industrial establishment to which it ia 3ccessory shall be not more than fifw feet distant. (3) Such parking lot shall be used solely for the parking of private passel gec vehicles. (4) No sign of any kind, other than one designating entrances, exits or con- ditions of use, shall be maintained on such parking. lot. Any such sign shall not exceed eight square feet in area. ARTICLE 16 GENEXAL PROVISIONS. CONDITIONS AND EXCEPTIONS YARDS, HEIGHT AND AREA Seetion 1600: HEIGHT OF BUILDINGS ON THROUGH LOTS. On through lots one hundred fifty feet or less in depth, the height of a building on such lot may be measured from the sidewalk level of the street on which the buiiding fronts. On through lots more than one hundred fifty feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than one hundred fifty feet from that street. Section 1601: HEIGRT OF PENT- HOUSES AND ROOF STRUCTURES. Penthouses or roo€ structures for the housing 0: elevators, stairways, tanks, ventilating ians or similar equipment re- quired to opsrate and maintain the build- ing; fire or parapet walls, skylights, towers, roof signs, fiag;,oies, chimneys. smokestacks, wireless maits and similar structures may be erected above the height limits by this ordixance prescribed, but no penthouse or roof structure. or any other space above the height lhit pre- scribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space. Section 1602: YARD REGULATIONS. Except as provided in this Article, every required yard shall be open and un- obstructed from the ground to the sky. No yard or open space provided aTounr1 any building for the purpose of cornpl:?inn with the provisions of this ordinance shall be considered as providing a yard or open space for any other buildinn, and no yard or open space 011 any adjoining property shail be considered as providing a yard or open space on a building-site whereon a building is to be ,erected. Sec,tion 16‘33: MODIFICATION OF SIDE YARD REQUIREMENT ON COMBINED LOTS. When the common boundary line separating two contiguous lots is covered by a building or permitted group of buiid- ings, such lots shall constitute a sinale buildina-site and the yard spaces as re- ouired by this ordinance shall then not apply to such common boundary line. Section 1604 : Y.4RD REQUIREMENTq WHEN MORE THAN ONE VA:N BUILDING EXISTS. Where two or more buildings are, by definition of this ordi- nance, considered main buildings, then the front yard reauirement shall awly only to the building closest to the front lot line. Section 1605: COMMISSION MAY RS- TAB:,ISH FORMULA FOR MODIFYING YARD REQUIREMENTS. The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yards in all residential zones where geometric shape and dimensions and topography are such as to make the literal application of such required yards imprac-tical. After the adoption of such formula or standard practices, they shall be applied as an administrative act. Section 1606: MODIFICATION OF RE- QUIRED FRONT YARDS. The denth of required front yards may he modified on unimproved lots intervening between lots having nonconforming front yards or betmeen a lot having a nonconforming front yard and a vacant corner lot. A nonconforming front yard shall be deemed to be an area between the front lot line and the closest part of the main huilding. and which is greater or less in depth than that defined in this ordinance as constituting a required frcnt yard. (1) The depth of a nonconforming front vard and the rear line thereof shall be deemed to be coincident with that portion of the main building lying closet to the front property line, provided that the degree of nonconformity to be credited in anjoining front yards in either direction from the rear line of the required front yard shall in no instance exceed sixty percent of the re:?nired front yard depth. (2) The rear line representing the depth of a modified front yard on any lot as defined in item (1) of this Section shall be established in the following manmr : (a) A point shall be established on each improved lot having a nonconforming or conforming front yard between ivhich are located lots needixg adjustment, and such point shall be located at the inter- section of the rear line of such front yard with a line that constitutes the depth of the lot. (b) A straight line shall be drawn from such point across any intervening unimproved lot or lots, to a point simi- larly established on the next lot in either direction on which a main building exists which establishes a conforming or non- conforming front yard. (e) The depth of the modified front yard on any lot traversed by the straight line defined in item (b) above shall be established by the point , where said straight line intersects the he constitut- ing the depth of each such intervening lot Section 1607: YARD REQUIREMENTS FOR PROPERTY ABUTTING HALF- STREETS. A building or structure shall not be erected or maintained on a lot which abuts a highway having only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the highway were vacated, unless the yards pi;ovided end maintained in connection with such buildrg or structure have a u-idth or depth of thzt portion of the lot needed to complete the road width, plus the width or depth of the yards re- quired on the lot by this ordinance, if any. This section applies to all 7,ones and whether or not yards are required. This section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than forty feet. Section 1608: MEASUREMENT OF FRONT YARDS. Front yard requirements shall be measured from the front property line or the indicated edge of a street for which d precised plan exists. Section 1609: VISION CLEARANCE. CORNER AND REVERSED CORNER LOTS. All Corner lots and reversed cor- rer lots subject to yard requirements shall maintain for safety vision uurposes a triangular area one angle of which shall be formed by the front and side !at lines separating the lot from the streets, and the sides of such triangle forming the corner angle shall each be fifteen feet in length, measured from the aforementioned angle. The third side of said triangle shall be a straioht line connecting the lmt two mentioned points which are distant fifteen feet from the intersection of the front and s.i{e lot lines, and within the area comprising said triangle no tree, fence, shrub or other physical obstruction higher than forty-two inches above the established grade shall be permitted. Section 1610: FRONT AND SIDE YARDS NOT REQUIRED FOR DWELL- IXGS AND APARTMENTS ABOVE STORES. Front and side yard require- ments shall not be applicable to dwellings and apartments erected above stores. Section 1611 : PERMITTED INTRU- STONS INTO REQUIRED YARDS. The following intrusions may project into any required yards, but in no case shall such intrusions extend more than two feet into such required yards: (1) Cornices, eaves, belt courses, sills. buttresses or other similar architectural features. (2). Fireplace structures not wider t.han eight feet measured in the general direction of the wall of which it is a part. (3) Stairways, balconies and fire es- capes. (4) Uncovered porches and platforms which do not extend above the floor level of the first floor, provided that they may extend six feet into the front yard. (5) Planting boxes or masonry planb ers not exceeding forty-two inches in height. (6) Guard railinos for safety pro- tection around ramps. Section 1612: WALL, FENCE OR HEDGE MAY BE MAINTAINED. In any “R’ Zone a wall, fence or hedire forty- two inches in height may be Iwated and maintained on any part of a lot On an interior lot a wall, fence or hedge not more than six feet in height may be Io- cated anywhere on the lot to the rear of the rear line of the required front yard. On corner lots and reversed corner lots a six foot fence may be located any- where on the lot except in those areas comprising the reanired front vard or the required side yards on the side street side of such lots. The provisions of this Section shall not apply to fences reouired by State Lam to surround and enclose public utility installations. Nhere a retaining wall protects a CUL below the natural grade, and is I+ cated on the !ine separating lots, such :eta:ning wail ?lay be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the loca- tion if PO reiaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to re- tain the fill shall be considered as con- tributinz to the permissibIe height of a fence, solid wall or hedge, providing that in any event a protective fence or wall not more than forty-two inches in height may be erected at the top of the retaining wall. Section 1613: TREES, SHRUBS AND FLOWERS PERMITTED IN YARDS. Shrubs, flowers, plants and hedges not more than forty-two inches in height, and trees shall be permitted in any reuuired yard, except as provided in Section 1609. Section 1614 : REQUIRED INCREASE OF SIDE YARD WHERE MULTIPLE OR ROW DWELLINGS FRONT UPON A SIDE YARD. The minimum width of the side yard upon which dwellings front shall be noL less than ten feet. Section 1515: REQUIRED INCREASE OF %DE YARD WHERE MULTIPLE OR ROB- DWELLINGS REAR UPON A , SIDE YARD. Where two-family dwellings or multiple-family dwellings, group houses, court apartments or row dwellings are arranged so that the rear of such dwell- ings abut upon the side yards, and such dwellinas have openings onto such side yards used as secondary means of access to the dwellings, the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having such an entrance or exit onening into or served by such yard, provided such increase need not exceed five feet. Section 1616: IF ONLY ONE BUILD- ING ON A LOT OR BUILDING-SITE IT CONSTITUTES A MAIN BUILDING. Any huilding which is the only building on a lot or building-site is a main build- ing un:ess authorized by variance. Section 1617: THROUGH LOTS MAY RE DIVIDED IN CERTAIN CASES. Throuah lots one hundred einhtv feet or more in depth may be imprzveh as two separate lots, with the dividing line mid- way between the street frontages, and each resulting one-half shall be subject to the controls applying to the street upon which such one-half faces. If each resultr ing one-half be below the minimum lot area as determined by this ordinance. then no division may be made and only one single-family dwelling may be erected upon such lot. If the whole of any through lot is improved as one building- site, the main building shall conform to the zone classification of the frontage occupied by such main building, and no accessory building shall be located closer to either street than the distance consti- tuting the required front yard on such street. Section 1618: LOT AREA NOT TO BE REDUCED. No lot area shall be so re- duced or diininished that the lot area, ymds or other open spaces shall be smaller than prescribed by this ordinance, nor shail the density of population be in- creased in any manner except in con- formitv with the renulations established by this ordinance. Section 1619: GREATER LOT AREA M.tY BE REQUIRED. Greater lot areas than those urescribed in the various zones may be reiuired when such greater areas established by the adoption of a precised plan in the manner prescribed by law. designating the location and size of such greater required areas. Section 1620: SUBSTANDARD . LOTS. When a lot has less than the minimum required area Qr width as set forth in any of the zones contained herein, or in a precise plan, and was of record on the effective date of this ordinance, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precised nlan. The lot area Xr dwelling unit shall however, remain as specified in the applicable area district, except that in no instance shall this provision prevent the erection of a single-family dwelling on any substandard lot. Section 1621: DIVISION OF LOTS OR PARCELS CONTAINING MORE THAN MINIMUM REQUIRED AREA. When any lot in any sone contains a greater area than the required minimum area of the zone in which it is contained, then each unit of the required minimum area con- tained in such lot may be utilized as a separate lot, provided that all other re- quirements of the zone in which it is that any such division does not resul dp1 in contained are met, and further pr more than four lots and that each such -‘ b , IC I lot thus created complies with the prc- visions of the subdivision ordinance gov- erning split lots, and further provided that each such lot has frontage upon a dedicated public thoroughfare. ARTICLE 17 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS NONCONFORMING BUILDINGS AND USES Section 1700 : NONCONFORMING USE LIMITS OTHER USES. While a non- conforming use exists on any lot, no additional use may be established thereon, even though such use would be a conform- ,nw 119- --._ Section 1701: REMOVAL OF NON- CONFORMING BUILDINGS OR CHANGE IN STATUS OF NONCONFORMING USE. If any nonconforming building is removed, every future use-of the hnd on which the building is located shall con- form to the provisions of this ordinance. If a nonconforming use vacates and is succeeded by another and more restrictive use, it is evidence that the heavier non- conforming use was ended and thereupon immediately loses any vested right as such. If the substitute use is itself non- conforming, the d,egree of nonconformity may not subsequently be increased by changing to a less restricted use. Section 1702: PROVISIONS OF ARTI- CLE TO APPLY TO NONCONFORMING USES AND NONCONFORMING BUILD- INGS RESULTIWG FROM RECLASSIFI- CATION. The provisions of this Article shall apply to buildings, lands and uses which hereafter become nonconforming due to anv reclassification of zones under this ordinance. Section 1703 : NONCONFORMING USE OF LAND WHEN NO STRUCTURE IN- VOLVED. In any zone the nonconformine use of land wherein no structure is in: volved shall be abated within one year from the date of this ordinance becomes applicable, and any future use of such land shall conform to the provisions of this ordinance. If the nonconforming use of land existing at the time this ordinance takes effect is thereafter discontinued for six months or more, any future use of such land shall conform to the provisions of this ordinance. Section 1704 : NONCONFORMING USE OF A CONFORMING BUILDING. A. In R Zonas. All nonconforming uses of a conforming building in any of the R Zones shall be discontinued within three years from the date of fmmal notice to the owner from the Planning Commis- sion, or not later than five years from the date the provisions of this ordinance become antdieable to it. B. Zones. Every nonconforming use of a conforming building in a C Zone which use is first permitted in a less restrictive zone shall be completely re- moved before the expiration of a ten year period measured from the date this ordinance becomes applicable to it. C. In “M” Zones. The nonconforming use of a conforming building which is devoted to any residential purpose, hospi- tal (except emergency hospitals), hotel, institution 0.r home for the treatment of convalescent persons, alcoholics, the wounded or mentally infirm, lodging houses, schools, trailers used for human habitation, or trailer parks, shall be com- pletely removed before the expiration of a ten year period measured from the date this ordinance becomes applicable to it. Section 1705 : REQUIRED REMOVAL OF NONCONFORMING BUILDINGS. A. In R Zo~e?. Every nonconforming building in any of the R Zones, except residential buildings, churches and schools. which nonconforming building was de- signed or intended for a use not permitted in the R Zone in which it is located, shill1 be completely removed or altered to strurturally conform to the uses permitted in the zone in whbh it is located within the herein speoified times upon notice from tho Planning Commission, which tims is measured from the date of eon- struction. In no case shall this period of time be less than five years from the date of notification bv the Planning Com- mission. As used in this Section the desig- nations “he 1 Building”, “Type 2 Rnildinr”, “Tvpe 3 Building”, “Type 4 Building” and “Type 6 Building”. are emdovd as defined in the existina huild- in$ ordinance. (1) If property is occupied by strue - tures of a type for which the existing hulldina ordinance does not reauire a hnilding permit - one year. (2) Type 4 or Type 5 Buildings (light combustible frame and wood frame) - fortv years. (3). Type 2 or Type 3 Buildings (heavy tlmher construction and ordinary masonry) : (a) Apartments, offices, hotels or residences having stores or offices blow and apartments or offices above - thiity- five years. (b) Warehouses, stores, garages, lofts, - thirty-five years. (e) Factories and industrial - forty-five years. (4) Type 1 Buildings (fire resist- ant) (a) Offices and hotels, - forty- five years. garages, - forty-five years. (b) Theatres - fifty years. (c) Warehouses, lofts, stores, (d) Industrial - thirty-five years. (1) Residential structures in a C Zone existing on the effective date of this ordinance shall be considered as non- conforming uses but, as such, shall he snbject only to those provisions of this ordinance which provide that no struc- tural dterations or enlargements may he made and that a nonconforming building removed or destroyed shall not be re- placed by other than a conforming huild- in%. and that the degree of nonconformity may not be increased by changing to a less restricted residential use. (2) Everv nonconforming building in a C Zone which is designed for a use first permitted in an “M’ Zone shall be completely removed or altered to conform to those uses permitted in the C Zone in which such building is located within the herein specified times, upon notice from the Planning Commission, which times are measured from the date of ronstrnction exceut that in no case shall this perhi of time be less than five years fro- date of such notice by the Planning Commission. As used in this Section, the desiznations “Type 1 Building”, “Type 2 Building”, “Type 3 Building”, “Type 4 Building” and ‘‘Type 5 Building” are employed as defined in the existing huild- ins ordinance. (a) Where property is unimproved except for structures of a type for which the existiny building ordinance dws not require a building permit - one year. (b) We 4 or Type 5 buildings (I;vht combustible frame and wood frame - forty years (e) Tyw 2 or Type 3 buildings (heavy timber construction and ordinary masonry) : (1) ApFrtments, offices, hotels or residences having stores or offices he- 1-w and anartments or offices above - thirty-five wars. (2) Warehouses, stores, garages, 102s. - thirty-five years. (3) Factories and industrial - forty-five vears. (d) Type 1 buildings (fire resist- ant) - (1) Offices and hotels, - forty- five years. (2) Theatres, - fifty years. (3) Warehouses, lofts, stores, garages, - forty-five years. (4) Industrial, - thirty-five vears. B. In C Zones. C. Tn “M“ Zone. (1) In t5e “M” Zone, any residen- tial structures existing on the effective date of this ordinance shall he considered as nonconforming uses, but as such, shall be subject onlv to those provisions of this ordinance which provide that no struc- tural alterations or enlargements may he made and that a nonconforming building removed or destroyed shall not be replaced by other than a conforming building, and that the degree of nonconformity may not be increased by changing to a less restricted residential use. (2) Every nonconforming huilding in the “M’ Zone which is used for. or devoted to, any hospital (except emer- gency hospitals), hotel, institution or home for the treatment of convalescent persons, alcoholics, the wounded or mentally in- firm, lodging houses. schools, trailers used for human habitation, or trailer parks, and which nonconforming building was designed or intended for a use not per- mitted in the “M” Zone in which it is located, shall he completely removed or altered to structurally conform to the uses permitted in the zone in whqrh it is Mat- ed within the herein specified times upon notice from the Planning Commission, which times are measured from the date e P construction, except that in no case shall this neriod of time be less than five years from the date of such notice. As used in this Section the designations “Type 1 Building”, “Type 2 Building”, “Type 3 Buildind’, “Type 4 Building”, and “Type 5 Building” are employed as defined in the existing building ordinance. (a) Where property is unimproved except for structures of a type for which the existing building ordinance does not require a building permit, - one year. (b) Type 4 or Type 5 buildings (light combustible frame and wood frame - forty years. (0) Type 2 or Type 3 bnildinm (heavy timber construction and ordinary masonry) : (1) Apartments, offices, hotels or residences having stores or offices below and apartments or offices above. - thirty-five years. (2) WFrehouses, stores, garages, lofts, - thirty-five years. (3) Factories and industrial, - forty-five years. (d) Type 1 buildings (fire resist- ant) - (1) Offices and hotels, - forty- five years. (2) Theatres, - fifty years. (3) Warehouses, lofts, stores, garages, - forty-five years. (4) Industrial, - thirty-five years. Section 1706: COMMISSION TO DE- TERMINE CONDITIONS OF ABATE- MENT. When any nonconforming condi- tion exists in any zone, other than the nonconforming use of land when no struc- ture is involved, it shall be the respon- sibility of the Planning Commission, on its own initiative, to fix a date upon which the nonconforming building was established. It shall also be the responsi- bility of the Planning Commission to de- termine whether, by reason of structural alterations or enlargements, or the in- stallation of major equipment designed into the building prior to the date this ordinance becomes applicable thereto, it is deemed necessary to establish a later date for abatement than that prescribed herein for the building itself in order to assure that the investment represented by such structural alterations, enlarge- ments or equipment installations may he amortized. In performing this function the Commission shall consider all pertinent data in connection therewith to provide the opportunity for the owner of necord, or lessee if there he such, to present such evidence as they may possess and which properly relate to such case. When the date of abatement has been determined, the Commission hs resolution, shall es- tablish such date and shall set forth such facts as bear upon the case upon which the determination of such date of ahate ment is based, and shall formally notify the owner of such nonconforming property of the action of the Commission by mail- ing to such owner a copy of the formally- adopted resolution not later than ten days following the date of subject action bv the Planning Commission. Section 1707 : RECONSTRUCTION OF NONCONFORMING BUILDING PAR- TXAT,LY DESTROYED. A nonconforming buildinn destroved to the extent of not more &an fifty percent of its replace- ment value at the time of its destruction 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 continued subiect to all other provisions of this Article. &,tion 1708: BUILDINGS MAY BE ALTERED WHEN NONCONFORMING ONLY BY REASON OF INADEQUATE YARDS. Where a building or buildings, and customary accessory buildings are non- conforming only by reason of substandard vards or open spaces, the provisions of this ordinance prohibiting structural al- terations or enlargements shall not apply, provided that any structural alterations or enlareements of an existing building shall conform to the following: (1) That such nonconforming struc- ture may he enlarged or extended to the same degree of nonconformity as may exist but in no event shall such addition or enlargement encroach closer than 3 feet to any side yard lot line, 10 feet to any front line or 5 feet to any rear lot line. (2) That any such enlargement shall not increase the floor space more than forty percent of that existing prior to such enlargement. Section 1709: PUBLIC UTILITY EX- EMPTIONS. The foregoing provisions of this Article concerning the required r moval of nonconforming buildings ancI uses and the reconstruction of noncon- forming buiidings partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the render- ing of the service or distribution such as power generating plants and electrical distribution substations ; water wells and pumps; gas storage, metering and valve control stations. Nor shall anything in this Article be construed or applied so as to prevent the expansion, modernization or replacement of such public utility build- ings, structures, equipment and features as are used directly for the delivery of. or distribution of, the service provided the provisions of this section shall not exempt from the provisions covering non- conformity of such buildings, structures, or uses as do not immediately relate to the direct service by consumers, such as warehouses, storage yards and the like. ARTICLE 18 VARIANCES AND CONDITIONAL, TJSE FERMITS Section 1800 : PLANNING CONMIS- SION MAY GRANT VARIANCE. When practical difficulties, unnecessary hard- ships, or results inconsistent with the general purpose of this ordinance result through che strict and ?itera1 intezpretn- tion and enforcement of the provisions hereof, ?he Pianning Commission shall have authority, as an administrative act, subject to the provisions. ,of this Article, to grant upon such conditions as it miy determine, such variance from the pro- visions of this ordinance as may be in harmony viilh its general purpose and intent, so that the spirit of this ordinance shall be observed, public saiCety and wel- fare secured and substantial justice done. Section 1801: PURPOSE OF VARI- ANCE. The sole purpose of any variance sha!l be to prevent discrimina:ion. and no variance shall be granted which would have the effect OP granting a special privilerre not shared by oiher property in the same vicinity and zone. Section 1802 : REQUIR3D SHOWING FOR VAXIANCES. BePxe any variance may be aranted. it shall be shows : (1) That there me exceptiona! or extraordinary circumstances or conditions applicable to the propert:! or to the in- tended use that do not apply aenerally to the other propertv or class of use in the same vicinity and zone. (2) That such variarice is necessary for the preservation an8 enjoyment of a substzntisl property right possessed b? othe? property in the same vicinit:; an:! zone but which is denied to the property in Question. (3) That the granting of sxch vari- ance wi!l not be materially detri:mcntai to the pub!ic welfare or injurious to the property or imnrovements in such vicinity and zone in which the Prcperty is iocated. (4) That the granting or such vari- ance will not adversely affect the com- prehensive general nlan. Section 1803: PLANNING COMMTS- SION MAY GRANT CONDITIOPJAI, UFE PERMTTS The Planning Commission may grant a Cmditional Use Permit upm application for’ such matters as by this ordinance are required to be reviewed and allowed only won the granting of a Conditional Use Permit. Section 1804: PURPOS,E OF COXDi- TIONAL USE PERMIT. The purnose of a Conditional Use Permit shall be - (I) To assure thet the derree of compatibility made the purpose of this ordinance shall be meintained with re- spect to the particular use on the par- ticular site and in consideration of other existing and potential uses within the general area in which such use is pro- posed to be located: and (2) To recognize and compensate for variations and derree of technolozical processcs and equipment as ?;dated to th,e factors of noise, smoke, dust, fumes, VI- bration. odors and hazards. Section 1805: NOTICE AND HEARTNG ON APPLICATION FOR VARIANCE OR CONDITIONAL USE PERMIT. Upon the filinz of an application for a variance or conditional use permit by a property own- er of record, or by a lessee with the con- sent of the owners which application sets forth Pullv the grounds for, and the facts deeFed to justifv ?he grant variance or conditional iise Planninz Commission shall notice. 3s provided in Ai.ticle 21 of the intention to consider at a public hearinn the granting of a variance or conditional use permit Section 1806 : PLANNING COMMIS- SION SHALL ANWOUNCE FINDINGS )N BY RESOLUTION. Not tion, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the granting or denial of the variance or conditional use permit necessary to carry ont the provisions and general purpose of this ordinance, and shall order that the variance, or condi- tional use permit, be granted or denied and. if such resolution orders that the variance, or conditional use permit, be granted, it shall also recite such condi- tions .and limitations as the Commissioin may imnose. Section 1807: RESOLUTIONS OF PLANNING COMMISSION ANNOUNC- ING FINDINGS AND ORDER SHALL BE NUMBERED AND KEPT AS PERMA- NENT RECORD. The formal resolution of the P!annins Commission announcing its findiiigs and order after hearing on an application for a variance or conditional uqe permit. shall be numbere3 consecu- tiveb in the order of their filing and shall become a permanent record in the fi!es of the P1Pnnin.g Commission. Section 1808: NOTICE OF DECISION OF THE PLANNING COMMISSION. Not lator than sevec days. following the ren- deri,ng of a decision ordering that a variance or cooditional use permit be granted or denied, a copy of the resolu- tion shall be aaiied to the applicant at the address shown on the application filed with the Planning Commission. Section 1803: EFFECTIVE DATE OF ORDER GRANTING OR DENYING VAWANCF: OR CONDITIONAL USE PEXMIT. TIME FOR APPEAL. The order of the Plznning Commission in arantina or denying a variance or conditional use permit shall become final and &fective ten days after the rendering of its de- cision granting or denying the variance or conditioral use permit unless within such ten day period an appeal in writing is filed with the City Council by either an agglicant or an opvonent. The filing of such appeal within such time limit shal! stzv the effective date of the order of the Planning Commission until such time a3 the City Council has acted on the appeal as hereafter set forth in this the City Council is in any way contrary to the action taken by the Planning Coin- mission the City Cosncil shall reler their findings to the P!anning Commission and request a further report of the Plarming Commission on the matter. Feilure of the Planning Commission to report to the City Council within forty days after reference may be deemed to be approval by the Planning Commission of any pro. posed changes. Section 1813: COUNCIL TO AN- NOUNCE 1“ihTI)INGS AND DECISION BY R3SOLVTION. The Cit,v Coan5l shall announce its findings and decision by ?orma1 resolution not more than twenty days following the termination of pro- ceedings of the hearing, or upon receipt of a report from the Planninp: Commission when a matter has been referred back to the Planning Commission, and said resolution shall reeite, among other .things, the facts and reasons which, in the opinion of the City Council, makes the Zramting or derial of the variance or conditional use germit necessary to carry out the general numose of this ordinance. and shall order that the variance or con- ditional use permit be granted or denied or modified snbject to such conditions or . ations that it may impose COUNCIL SHALL BE FINAL. Anv ac section 1814: DECISION OF CITY tion by the City Council reversing “deet- sion of the Planning Commission on such matters shall be by the affirmative vote8 of at least four members of the City Council, and shall be Einal and conclusive. Section 1815: NQTICE OF DECISION OF CITY COUNCIL. Not later than seven dam following the adoption of a resolu- tion ordering that a variance or condi- tional use permit be granted or denied, a COPY of said resolution shall he mailed to the applicant and to any other parties requesting notice of the action, and one COPY shall be attached to the Planning Commission’s file of the case and said file returned to the Planning Commission for permanent filing. ARTICLE 19 AMENDMENTS Section 1900: ORDINANCE MAY BE AMENDED. Boundaries of the zones es- tablished ’7y this ordinance, the classifica- tion, of property uses therein. or other piovisims of this ordinance may be a:nended whenever public necessity, con- venience and general welfare require. Section 1901 : INITIATION OF AMEND- MENT. Amendments of this ordinance may be initiated by: (a) The verified application of one or more owners of pyoperty or building proposed to be changed or reclassified. (b) Resolution of Intention of the City Council. (c) Resolution of Intention of the Planning Commission. Section 1902: APPLICATION FOR AMENDNENT. Whenever the owner of apy land or building desires an amend- ment, supplement to or change of the regulations prescribed for fiis property. he shall file with the Planmng Commission an application therefor, verified by him, reque?tin.q such amendment. Section 1903: COMMISSION TO HOLD FEARIN9 ON AMZNDMFNTS. Upon the filing of a verified application for an Pinendment, or the adoption of a Resolu- tion of Intention by the Planning Corn- mission or the City Council, the Planning Commission shall hold one public hearing thereon, as required by Chapter 3, Title 7 of the Government Code, commonly known as the Conservation and Planning Act of the State of California for the adoption or amendment of srecised plans, and no- tice of such hearing shall be given as provided in Article 20 of this ordinance. Section 1904: COMMISSION TO AN- NPUNCE FINDINGS. The Planning Com- mission sha!l, announce its findings by formal Tesolution not more than fifteen days following the hearing, and said resolution shall recite, among other thin?% the facts and r.easons which, in the opinion of the Commission, make the approval or denial of the application for amendment necessary to carry out the general purpose of this ordinance, and shall recommend the adoption of the amendment by the City Council, or deny the application. Section 1905: NOTICE OF COMMIS- SON’S DECISION WHEN APPROVING. When the Commission’s action is to recommend the adoption of the amend- ment, the Commission shall, within seven days from the date of such action, notify the applicant by iorwardinp a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the City Council a COPY of the said resolution, together with the complete file in the case. Sectior? 1906: NOTICE OF DECISION OF COWMISSION WHEN DENYING THE APPLICATION. When the action of the Commission is to deny an appli- cation, the Commission shall, within seven dms from the date of the adoption of ita rcsolution, notify the applicant by for- warding a copy of the resolution to the address shown upon the application. Rcction 7.907 : COMMISSION ACTION SHALL BE FINAL WHEN DENYING A.PPLICATION. The action of the Plan- ning Commission in denying an applica- tion for amendment shall be final and conclusive unless, within ten days follow- ing the date of decision by the Planning Commission an appeal in writing is filed with the City Council by the applicant. Section I908 : TRANSMISSION OF COMMISSION’S RECORD TO CITY COTJNCIL. Upon receipt of a written ap- neal filed with the City Council by the anplicant, as provided in this Article, the Clerk of the City Council shall advise the Secretary of the Planning Commission who shall transmit to said Clerk of the . (I’ . I. .** & *ki& bouncil the Planning Commi complete record of the case. Section 1909: CITY COUNCIL TO HOLD PUBLIC HEARING ON COM- MISSION’S RECOMMENDATIONS ON AMENDMENTS AND ON APPEALS. Within not to exceed thirty days following receipt of the Resolution from the Plan- ning Commission recommending the adop- tion of the amendment or the filina of a written appeal from an order of th- Com- mission denying an amlication for amend- ment, as provided in this Article, the City Council shall conduct a duly adver- tised public hearing on the matter, public notice of which shall be given as provided in Article 20. Section 1910: ADVERSE DECISION TO BE RFSERRED TO THE PLANNING COMMISSION. If the decision of the City Council is in any way contrary to the action taken by the Planning Commission the City Council shall refer its finding; to the Planning Commission and request a further report of the Planning Com- mission on the matter. Failure of the Planninc Commission to report to the City Council within forty days after reference may be deemed to be approval by the Planning Commission of any pro- posed chance. Section i911: CITY COUNCIL TO AN- NOUNCE FINDINGS AND DECISION BY RESOLUTION. The City Council shall announce its findings and decision by formal resolutim not more than twenty days fo!lowing the termination of pr* ceedings of the hearing. or upon receipt of a report from the Planning Commis- sion when a matter has been referred back to the Planning Commission, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the approval or denial of the amendment necessary to carry out the general pur- pose of this ordinance. Section 1912: DECISION OF CITY COUNCIL SHALL BE FINAL. The action by the City Council on the application for amendment shall be by a majority vote of the entire membership of the City Council and shall be final and conclusive On a reversal action, the affirmative vote of at least four members of the City Council shall be neeessary. Sertion 1913: NOTICE OF DECISION OF CITY COUNCIL. Not later than seven days *allowing the adoption by the City Council of a Resolution ordering an amendment to this ordinance or denying an annlication or recommendation for an amendment, one copy of such resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file in the rase and the comolete fib returned to the Planning Commksion for perma- nent filing. ARTICLE 20 PROCEDURE, IIFARINGS, NOTICES AND FEES Sertiofi 2000 : COMMISSION SHALL PRESCRIBE FORM OF APPLICATrON RLANKP A\Tl TYPE OF REQUTRED INFQRTVIATION. The Planning- Commis- sion shall prescribe the form in which applirations are made for changes in zone boundaries or classifications, or for vari- ances or conditional use permits. It may prepare and provide blanks for such pur- pose and may prescribe the type of infor- mation to be provid-d in the application by the applicant. No application shall be accepted unless it complies with such requirements. Sertion 2001 : ACCEPTABILITY OF STGNATLJES ON APPLICATIONS. If sisnatures of persons other than the own- ers of prowrty making the application are required or offered in support of, or in oupos;t;on to, an application, they may he received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the oending i.:sue, hut they shall in no case infrinae upon the free exercise of the powers vested in the City of Carlsbad as rmresented by the Planning Commis- sion 2nd the City Council. Sertion 2002 : APPLICATIONS A PART OF PERMANENT RECORD. Applications filed nursuant to thi.: ordinance shall be numbered consecutively in the order of their filing, and shall berome a part of the permanent official retords of the accnrv to which amlieation is made, and theve shall he attached therto and per- manentlv filed therewith copies of all notire- and actions with certificates and RqfiAavits of posting, mailing or publica- tions pertaining thereto. Section 2003: FILING FEES. The fol- lowing fees shall he paid upon the filin B) of any application and such fees shall not Le refundable once an application is filed. (1) Reclassification or amendment - Fifty Dollars plus One Dollar for each lot or each nortion of that divided into urban lots: (2) Variance - Twenty-five Dollars. (3) Conditional Use Permi*%enty- five Dollars. Section 2004: SETTING OF HEARING. All proposals for amending zone boun- daries or classifications of property uses within such zones, or the granting of variances or conditional use permits a8 provided in this ordinance, shall be set by the Secretary of the Planning Com- mission for public heariw when such hearings are to be held before the Plan- ning Commission, and by the Clerk of the City Council for hearings to he held be- fore the City Council. Section 2005: NOTICES. Notice of time and place of public hearings shall be given in the following manner: (1) Notice of any public hearing upon a proposed amendment to thB or- dinance, or to the map which is a Part of this ordinance, shall he given by at least one publication in a newspaper of general circulation in the City of Carls- bad not less than ten days before the date of said public hearing. (2) Notice of public hearing to con- sider a variance or conditional use per- mit shall be given by mailing a written notice not less than ten days prior to the date of such hearing to the last known address of the owners of property within a radius of thre hundred feet of the exterior boundaries of the subject property. (3) Both such methods may be em- ployed in either instance at the direction of the Planning Commission. Section 2006: REQUIRED WOFCDING OF NOTICES. Such public notice of hear- ~ngs cn zone reclassifications, amend- ments, variances or conditional use permits shall consist of the words “Notice of Proposed Change of Zone Boundaries or Classiiication” or ‘‘Notiae of Proposed Variance” or “Notice of Proposed Condi- tional Use Permit”, as the case may be. setting forth the description of the property under consideration, the nature of the proposed change or use, and the time and place at which the public hear- in= or hearings on the matter will he hefd Planning Commission shall cause to be made by its own members, or memhers of its staff, such investigation of facta bearing upon an application set for hear- ing that will assure action on each case ronsistent with the purpose of this ordi- Section 2007 : INVESTIGATIONS. The nance previous amendments or variances. %chon 2008 : ESTABLISHMENT OF RULES FOR CONDUCT OF HEARINGS. The Planning Commission may establish rules governing the conduct of public hearings conducted by it. Section 2009: HEARINGS MAY BE CONTINUED WITHOUT RECOURSE TO PUBLIC NOTICE. If, for any reason, testimony on any case set for public hearing cannot he completed on the date set for such hearing, the person presiding at such public hearing may, before ad- journment or reass thereof, publiclv an- nounce the time and place to, and at which, said hearing will be continued, and no further notice is required. Section 2010 : PERMANENT FILES SHALL INCLUDE SUMMARY OF TES- TIMONY. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this ordinance, and the names of persons testifying shall be recoraed and made a part of the permanent files of the case. ARTICLE 21 INTERPRETATION - PURPOSE - CONFLICT - SEVERABILITY Section 2100 : INTERPRETATION. In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirement for the promo- tion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to inter- fere with or abrogate or annul any ease- ment, covenant or other agreement be- tween parties. When this ordinance im- poses a greater restriction upon the use of building or land, or upon the height of buildings, or requires larger open spaces than are imposed or required hy other ordinances, rules, regulations, or by easements, covenants or agreements, the rovisions of this ordinance &all control. Section 2104 : .CONSTITUTIONALITY OR INVALID TY If any section. suh- section, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or un- constitutionality shall not affect the va- lidity or constitutionality of the remaining mrtions of this ordinance; it being hereby expressly declared that this ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, propwed, adapted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. ARTICLE 22 REVOCATION - EXPIRATION Section 2200 : PERMITS OR VARIANCE MAY BE REVOKED. The Planning Com- mission may, after a public hearing held in the manner orescribed in Article 19 governing variances and conditional- use permits. revoke or modify any permit or variance issued on any one or more of the following grounds: bv fraud. (1) That the approval was obtained . (2)- That the use for which such approval is granted is not being exer- cised. (3) That the use for which such approval was granted has ceawd to exist or has been suspended for one year or more. (4) That the permit or variance granted is being, or recently has been. exercised contrary to the terms or con- ditions of such approval, or in violation of any Statute, Ordinance, Law or Regu- lation. (5) That the use for which the ap- proval was granted was so exercised &9 to be detrimental to the public health or safety, or so as to constitute a nuisance. Scrtion 2201: EXPIRATION. Any per- mit or variance granted by the Planning Commission or City Council becomes null and void if not exercised within the time specified in such permit or variance, or if no date is specified, within one year from the date of approval of said permit or variance. ARTICLE 23 PERMITS - LICENSES ENFORCEMENT Sertion 2300: CERTIFICATE OF OC- CUPANCY PERMIT. TO assure compli- ance with the parking requirements and other provisions of the zoning ordinance, a Certificate of Occupancy shall be ob- tained from the Building Department before: (1) Any new building be initially occupied or used. (2) Any existing building be altered or a change of type or class of use be made: and (3) A change of use of any unim- proved premises be made. Section 2301: NO CONFLICTING LI- CENSES OR PERMITS SHALL BE ISSUED. All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this ordinance. No such license or permit for uses, huild- inns or purposes where the same would be in conflict with the provisions of this ordinance shall be issued. Any such li- cense or permit, if issued in conflict with the “viions hereof. shall be null and void. Section 2302 : ENFORCEMENT. The City Manager or his duly designated rep- resentative is hereby designated as the and void. Section 2302 : ENFORCEMENT. The City Manager or his duly designated rep- resentative is hereby designated as the enforcing agent of this ordinance and any amendments thereto. Any appeals from the decision of the enforcing agent in the administration of the zoning ordi- nance shall be made to the Planning Commission. The decision of the Plan- ning Commission in such matters shall be final and conclusive unless otherwise designated by this ordinance. ARTICLE 24 PENALTY Section 2400: VIOLATORS PUNTSH- ABLE BY FINE AND IMPRISONMENT. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor. and upon convktion thereof shall b;. punishable by a fine of not more than Three Hundred Dollars or by impriscn- ment in the County Jail for a wriod not more than Ninety d&ys, or both suci fine and imprisonment. Section 2401: EACIi DAY A SEPA- RATE OFFENSE. Each person, firm or corporation foond gui1t.s of a oiolatioz shall k deemed guilty of a separate of- f.ense for every day during any portion of which any violation of any provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance, and any use, occupation or buliding or structure mzintained coIitrary to the pro- visions hereof shall constitute a public nuisance. ARTICLE 25 ENACTMENT AND REPEAL Section 2500 : REPEALING CLAUSE. Ordinance No. 9005 of the City of Carls- bad, and all ordinances amendatory of said ordinance shall be and the same are hereby repealed, as are also all other ordinances and parts of ordinances insofar as such other ordinance or ordinances conflict with the provirions hereof. The land-use map, which is a part of Ordi- nance No. 9005 and as amended by suh- sequent ordinances, shall continue in full force and effect as amended by this ordi- nance and any nonconiormity under or violation of said Ordinance No. 9005 and the land-use map established by such ordinance and zniendments thereto shall not have its status altered or changed by the repeal of Ordinance No. 9006 and the adoption of this Ordinance except as the provisions of this ordinances and the map which is a part thereof or any amendments hereto ma?, by their pro- visions, alter their status. Section 2601: This ordinance shall be- come effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. Section 2502: The City Clerk shall cer- tify to the passage and adoption of this ordkance; and said ordinance shall be published once in the Carlsbad Journal, a newspaper of general circulation pub- lished and circulated in the City of Carlsbad, California. Section 2503: Passed and adopted by the City Council of the City of Carlsbad at a regular meeting of said City Council held on the 16th day of October, 1956, by the following vote, to-wit: AYES : Mayor Castorena, Councilmen Baird, Ledgerwood and Robinson. NOES: None. ABSENT: Councilman Helton. + -J (Signed) X. M. CASTORENA *I Mayor of the City of Carlsbad .. I ATTEST: (Signed) M. 0. EWALD, City Clerk \