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HomeMy WebLinkAboutCC ORD 1959-962 Zoning: repeals Ords. 750, 816, 819, 833, 844, 854, 866, 871, 876, 892, 899, 901, 921, 923, 924, 928, 930, 939, 941, 944, 949, 951, 954 and 958 (Repealed by 1503)ORDINANCE NO. 962 (ZONING ORDINANCE) Adopted 12-8-59 NATIONAL CITY Ordinance No. 962 ADOPTED DECEMBER, 8, 1959 An Ordinance Repealing Ordinance No. 750 and Establishing a New Zoning Ordinance in the City of National City Price $1.00 City Hall 13th Street and National Avenue National City, California • (AD I Section Number INDEX Title 1 Title 2 Scope 3 Definitions 4 Zones 5 Application of Regulations 6 Permissible Uses in Residential Zones 7 Restrictions for Residence Zones 8 Other Than Residential 9 Restrictions for Zones Other Than Residential 10 General Provisions 11 Non -Conforming Buildings and Uses 12 Variances 13 Administration 14 Amendments 15 Validity V Page Number 2 2 2 6 6 6 6 8 10 II 13 14 15 16 16 ORDINANCE NO. 062 AN ORDINANCE REPEALING ORDINANCE NO. 750 AND ESTABLISHING A NEW ZONING ORDINANCE IN THE CITY OF NATIONAL. CITY Tho City Council of the City of National City, California does or- dain as follows: SECTION 1: TITLE. This ordinance shall be known as the "Zoning Ordinance of the City of National City." SECTION 2: SCOPE. Ordinance numbers 750, 816, 819, 833, 844, 864, 866, 871, 876, 892, 899, 901, 921, 923, 924, 928, 930, 939, 941, 944, 949, 951, 954 and 968 of National City are hereby repealed. This ordinance shall not repeal or in any way impair the provisions of any other ordinance of National City. Where this ordinance Imposes a greater restriction upon the use of land or buildings than le imposed by existing provisions of law, the provisions of this ordinance shall control. SECTION 3: DEFINITIONS. A. The meanings set out after each of the following words shall be controlling in all matters in- volving interpretation of this ordinance. 1. ACCESSORY BUILDING: A subordinate building or structure the use of which is incidental to that of the main building and locat- ed on the same lot therewith, In- cluding guest house, separate ser- vants' quarters, nurseries and greenhouses, separate utility build- ing or recreation building. 2. ALLEY: A public or private way permanently reserved as a secondary means of access to abutting property. 3. ANIMAL HOSPITAL: A place where more than 5 domestic animals are kept for board or treat - en t. 4. APARTMENT HOTEL: A building or portions thereof de- signed for or containing 6 or more individual guest rooms or suites of rooms in addition to dwelling units. 5. APARTMENT: A suite of 2 or more rooms used or occupied or which is designed or intended for use or occupancy by only 1 family which may do its own cooking. 6. APARTMENT HOUSE: A multiple dwelling having 2 or more stories. 7. AUTOMOBILE CAMP: Land used or intended to be used for camping purposes by automobile transients, whether shelter is pro- vided by means of tents, trailers, or other non -permanent means. R. AUTOMOBILE COURT: A group of 2 or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, and de- signed and intended primarily for transient guests. 9. AUTOMOBILE PARKING: Au- tomobile storage spaces whether on an open lot, in a building, or any combination of both; or a parking lot or storage garage. 10. AUTOMOBILE STORAGE SPACE: A space not less than 8 feet wide by 18 feet long accessible to and usable by a standard size automobile for temporary parking or storage thereof. Said automobile parking spare shall be exclusive of driveways, walks, ramps, columns and areas devoted to purposes oth- er than storage or parking of au- tomobiles. 11. AUTOMOBILE Wltl'CKING: The dismantling or wrecking of used motor vehicles or trailers or the storage, sale or dumping of wrecked vehicles or their parts. The presence on any lot or parcel of land of more than one motor ve- hicle which for a period exceeding 30 days has not been capable of operating under its own power or from which parts have been re- moved for re -use, or sale, shall constitute prima facie evidence of an automobile wrecking yard. 12. BOARDING HOUSE: A build- ing where lodging and meals are provided for compensation for more than 3 persons, but shall not In- clude rest homes. 13. BUILDING: Any structure for the shelter ,housing or enclosure of any person, animal or chattel. When any portion thereof is com- pletely separated from every other portion thereof by a masonry or fire wall, without any window, door or other opening therein and such division wall extends from the ground to the upper surface of the roof at every point, each such portion may be considered a sepa- rate building. 1.4. BUILDING, HEIGHT OF: The vertical distance measured from the adjoining curb level (1) to the highest point of ceiling of the top story in the case of a flat roof; (2) to the deck line of a mansard roof; and (I) to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, how- ever, that when a building is set back from the street line, the height of the building may be meas- ured from the average elevation of the finished let grade at the front of the building. 15. BUILDING LINE: A line indi- cating the minimum depth of a front yard or the minhnum depth of a side yard along the street side of a corner lot or the minimum depth of a side or rear yard its required by this ordinance. 16. BUILDING SITE: Any lot or parcel of ground with a minimum street frontage width of 50 feet and a minimum square footage of 6,000 square feet, abutting upon a dedi- cated street or parcel of ground which has been dedicated for street purposes provided, however, that ally lot shown upon a subdivision neap recorded prior to August 3, 1948, shall constitute building site. 17. BUNGALOW COURT: A group of 3 or more detached or semi-de- tached one -family or two-family dwellings located upon a single lot and having a common court or yard and separate entrance on the ground floor for each apartment or dwelling, Including dwelling groups and house courts, but not automo- bile courts. 18. BUSINESS OR COMMERCE: The purchase, sale or other trans- actions involving the handling or disposition of any article, service, substance or commodity for liveli- hood or profit; or the management of office buildings, offices, recrea- tional or amusement enterprises, or the maintenance and use of offices, structures, and premises by profes- sions and trades rendering services. 19. CITY: The City of National City, County of San Diego, State of California. 20. COMMISSION: The City Plan- ning Commission of the City of Na- tional City. 21. CONVALESCENT HOME OR GUEST HOME: An institution pro- viding nursing, dietary or other per- sonal services to convalescents, in- valids and aged persons, but ex- cluding surgery or primary treat- ments such as are customarily pro- vided in sanitariums and hospitals. 22. COUNCIL OR CITY COUNCIL: The City Council of the City of Na- tional City. 23. COURT: An open unoccupied space, other than a yard, on the same lot with a building and bound- ed on twvo or more sides by such building. 24. COURT APARTMENT: 1 or more multiple dwellings arranged around 2 or 3 sides of a court which opens onto a street. 25. CUM; LEVEL: The level of the established curb in front of the building measured at the center of such front. When no curb level has been established, the City Engineer shall establish such curb level or its equivalent for the purpose of this ordinance. 26. DWELLING: A building or portion thereof designed exclusive- ly for residential occupancy, includ- ing one -family and multiple dwell- ings, but not including hotels or boarding houses. 27. D'VELT.TNG UNIT: 2 or more rooms in a dwelling or apartment hotel designed for occupancy by I family for living or sleeping pur- poses and having only 1 kitchen. 28. DWELLING, ONE -FAMILY: A detached building designed exclu- sively for occupancy by 1 family. 29. DWELLING, TWO-FAMILY; DUPLEX: A building designed ex- clusively for occupancy by 2 fami- lies living independently of each other. 30. DWELLING, MULTIPLE: A building or portion thereof, de- signed for occupancy by 3 or more families living Independently of each other, including new dwell- ings. 31. DWELLING, GROUP: 1 or more buildings, not more than 21/2 stories in height, containing dwell- ing units and arranged around 2 or 3 sides of a court which opens onto a street, including one -family, two- family, and multiple dwellings and court apartments. 32. FAMILY: An Individual or (1) 2 or more persons related by blood or marriage or (2) a group of not more than 5 persons, (excluding servants) who need not be related by blood or marriage, living to- gether as a single housekeeping unit in a dwelling unit. 33. GARAGE, CARPORT, PRI- VATE: A detached accessory build- ing or portion of a main building assigned for the parking or tem- porary storage of automobiles of the occupants of the premises. 34. GARAGE, PUBLIC: A building other than a private garage used for the care, repair or equipment of automobiles, or for the parking or storage of vehicles for remunera- tion, hire or sale. 35. GUEST HOUSE: Living quar- ters within a detached accessory building located on the same prem- ises with the main building de- signed for use of temporary guests of the occupants thereof. Such quarters shall not have any kitchen facilities nor be rented or be used as a separate dwelling for perma- nent occupancy. It. 'TOME OCCUPATION: An oc- cupation carried on within the main building by the occupant of the dwelling as a secondary use In con- nection with which there is no dis- play, no stock in trade nor com- modity sold upon the premises, no person Is employed and no mechan- ical equipment is used except that which is normally necessary for housekeeping purposes. 37. HOTEL: A building designed for occupancy as the more or less temporary abiding place of individ- uals who are lodged with or with- out meals, in: which there are 6 or more guest rooms, and In which no provision is made for cooking In :any individual room or suite. 33. SCXIC YARD: A place where used metal, paper or material Is kept, sorted :and sold. 39. KENNET.: As defined In Sec- tion 28 in Ordinance No. 828. 40. KITCHEN: Any room or space permanently used or Intended or de- signed to be used for cooking or the preparation of food. 41. LOT: A parcel of real proper- ty shown on a map recorded In the 3 Office of the County Recorder of San Diego County, California and designated on such map by a sepa- rate number or other character which applies only to the parcel so marked, or any area of land under 1 ownership abutting upon at least 1 dedicated street or parcel of ground which has been dedicated for street purposes. 42. LOT AREA: The total area within the boundary line of a lot, for the purpose of determining lot area in the case of an irregular, triangular or gore -shaped lot, a line 10 feet in length within the lot and fartherest removed from the front lot line and at right angles to the line comprising the depth of such a lot shall be used as the rear lot line. 43. LOT, CORNER: A lot situated at the intersection of 2 or more streets having an angle of intersec- tion of' not more than 135 degrees. 44. LOT DEPTH: The horizontal distance between the front and rear lot lines, measured in the mean di- rection of the side lot lines. 45. LOT, INTERIOR: A lot other than a corner lot. 46. LOT, KEY: The first. lot to the rear of a reversed corner lot and not separated by an alley. 47. LOT LINE: The lines bound- ing a lot as herein defined. 48. 1.0'r LINE, REAR: The line which is opposite and most distant from the front lot line. 49. LOT LINE, ]FRONT: In case of an interior lot, a line separating the lot from the street. In the case of a corner lot the front line shall be the line separating the narrowest street frontage of the lot from the street, or in the case of a corner lot with equal frontages on inter- secting streets, the front lot line shall he the continuation of the street line with the greatest num- ber of lot frontages in the block. 50. LOT LINE, SIDE: Any lot boundary line which is not a front or rear lot line. 51. LOT, REVERSED CORNER: A corner lot, the side street line of which is substantially in continua- tion of the front lot line of the lots to its rear. 52. LOT, THROUGH: A lot having frontage on 2 parallel or approxi- mately parallel streets. 53. LOT, WIDTH: The horizontal distance between the side lot line, measured at right angles to the lot depth at n point midway between the frontand rear lot lines. 54. MAIN BUILDING: Any build- ing or structure, except an acces- sory building, which Is the princi- pal building allowed on any lot In the zone in which such lot is lo- cated. 55. MOTET, Olt ALTO COURT: A group of attached or detached buildings containing individual sleeping or living unite, designed for or used temporarily by automo- bile tourists, or transients, with garage attached or parking space conveniently located to each unit. 55. NON-CON1•'ORMING BUILD- ING: A building or portion thereof, which was lawfully erected or al- tered prior to this ordinance, but which because of the application of this ordinance to it no longer con- forms to the use, height or area regulations of the zone in which It is located. 57. NON-CONIOIt\IING USE: A use which was lawful prior to this ordinance, but which, because of the application of this ordinance to it, no longer conforms to the use regu- lations of the zone in which it is located. 58. 0 T1 T D O O It ADVERTISING DISPLAY: Ally card, paper, cloth, metal, glass, wooden or other dis- play Or device of any kind of char- acter whatsoever placed for outdoor advertising purposes on the ground or On any tree, hall, rock, struc- ture, or thing whatsoever. 59. OUT D O O It ADVERTISING STRUCTURE: A structure of any kind or character erected or main- tained for outdoor advertising pur- poses. 60. PARKING LOT: An open area other than a street used, or desig- ned to be used, for temporary storage of automobiles and which is available for either Public or Pri- vate use whether free, for compen- sation, or as all accommodation for clients or customers or for private Use. 61. I'ARKINti SPACE. AUTOMO- BILE: Space within a building or parking area for the temporary parking or storage of 1 automobile. 62. PLACE OF ilUSiNESS: A u y building, or portion thereof used for any purpose In connection with any enterprise operated for gain. 6:1. RECREATION R C I T. D I N G, PRIVATE: A separate building on the same lot with a main building or a portion of an accessory or main building' designed or intended for use only as a playroom, bobby room, recreation room or other aim- Ilnr purpose which may contain plumbing and which may contain equipment for temporary cooking or preparation of food. A small sink may also be included in con- junction with a refreshment or snack bar. 64. RESIDENTIAL OR R I: S I- DENCi'I ZONES: The 1t-1-S, R-1, R-2 and It-4 zones created by this ordinance. 65. REST IlOME: A home oper- ated as a boarding home and in which nursing, dietary and other personal services are furnished to convalescents, invalids, and aged persons, but In which no persons suffering from a major mental sick- ness, disease, disorder or ailment sufficient to justify a finding' that the person is mentally ill as de- fined in the Welfare Institutions Code of the State of California, or from a contagious or communicable disease are kept, and in which no surgical or other primary treat- ments such as are customarily pro- vided in sanitariums or hospitals are performed. 66. ROOMING HOUSE: Any build- ing containing more than 2 separate guest rooms used, or intended to be used, let or hired out to be occu- pied ur which is occupied by guests, whether the compensation for hire be paid directly or indirectly in money, goods, wares or otherwise. 67. SANITARIUM: A health sta- tion or retreat or other place where resident patients are kept, and where medical or surgical treat- ment is given to persons suffering from sickness, disease, disorder or ailment other than a major mental sickness, disease, disorder or ail- ment sufficient to justify a finding that the person is mentally ill as defined in the Welfare Institutions Code of the State of California, but which does not specialize in giving clinical, temporary or emergency service. 68. SEPARATE UTILITY BUILD- ING: A separate building on t h e same lot with the main building or a portion of an accessory building designed or intended for use as a wash house, laundry room or any similar purpose which may contain plumbing but which shall not be designed nor equipped for cooking or preparation of food. 69. SERVANTS' QUARTERS: Liv- ing quarters within an accessory building located on the same prom- ises with the main building, for the sole use of persons employed thereon. Such quarters may not have kitchen facilities and may not be rented or otherwise used as a separate dwelling. 70. STORAGE GARAGE: A build- ing designed, used or intended to be used, for the temporary housing or storage of automobiles whether free or for compensation or as an accommodation for clients or cus- tomers for public use. 71. STORY: That portion of a building included between the sur- face of any floor and the surface of the floor next above it, or if there lie no floor above, the space between such floor and the ceiling above it. Any portion of a story ex- ceeding 14 feet in height shall he considered as an additional story for each 14 feet or fraction thereof. 72. STORY, HALF: A story with at least 2 of its opposite sides sit- uated hi a sloping roof, the floor area of which does not exceed % of the floor area immediately below it. 73. STREET: A public or private thoroughfare which affords princi- patl means of access to abutting p ro pc r ty. 74. STREET LINE: The boundary line between street and abutting property. 75. STREET, SIDE: A street which Is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot. 76. STItUCTURE: Anything con- structed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than 8 feet in height. 77. STRUCTURAL ALTERA- TIONS: Any changes in the sup- porting members of a building such as foundations, bearing walls, col- umns, beams, floor or roof joists, girders, rafters, Or changes In roof or exterior lines. 78. TOURIST COURT: A motel or auto court as above defined. 79. TRAILIER, AUT0M0131LE: A vehicle without a motor power de- signed to he drawn by a motor ve- hicle and to be used for human habitation or for carrying persons or property including a trailer coach and campster, or any self propelled vehicle having a body de- signed for the same use as an au- tomobile trailer without motor power. SO. USE: The purpose for which land or building is arranged, de- signed or intended or for which either land or building Is or may be occupied or maintained according to the provisions of this ordinance. 81. YARD: 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. 82. YARD, FRONT: A yard ex- tending across the full width of the lot, the depth of which is the min- imum horizontal distance between the front lot line and any structure or building. When a lot lies par- tially within a planned street, in- dicated on an official plan for such a street, and when such plan- ned street is of the type that will afford future legal access to such lot, the depth of the required front yard shall be measured from the projection of the edge of such plan- ned street in the manner prescribed In this definition. 53. YARD, REAR: A yard extend- ing across the full width of the lot between the main building and the rear let line: the depth of the re- quired rear yard shall be measured horizontally from the nearest wall of the main building toward the nearest point of the rear lot line. Si. YARD, SIDE: A yard between the main building and the side lot lino extending from the front yard to the rear yard, the width of the required side yard shall be meas- ured horizontally front the nearest wall of the main huilding toward the nearest point of the side lot line. 4 5 Nuts, and Fresh Vegetables, ex- cluding canneries and food process- ing plants; Plastics Fabricating, ex- cluding manufacture of plastics; Planing Mills; Prefabricated Struc- tures; Public Utility Service, Stor- age Yards, Electrical Receiving or Transforming Stations; Pump Ware- houses; Repair Shops and Storage Yards; Public Scales, provided a permit from the City Council is se- cured approving the location as sat- isfactory from a traffic standpoint; Sheet Metal Shops; Storage, gener- al, in buildings; Storage of Petrol- eum Products and Fuel Gas, ex- cluding butane or propane; Truck Terminals; Tool and Die Plants; Warehouses; Wire and Cable Fac- tories; and Wood Sawing. 3. Manufacture or compounding of articles from the following pre- viously prepared materials: b o n e, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, pre- cious or semi-precious metals or stones, shell, textiles, tobacco, wood and yarns. 4. Manufacture of toys, novelties, and rubber and metal stamps. 5. Manufacture, compounding, treatment or processing of cosmet- ics, drugs, perfumes, pharmaceuti- cals and toiletries. 6. Assembly of electrical appli- ances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only. H. In M-3 LIMITED INDUSTRIAL ZONES the following uses are per- mitted: 1. All uses permitted in the M-2 and M-4 zones, except (a) residen- tial usages including motels, hotels, auto courts and trailer parks, (b) the storage of materials, supplies or products outside of a permanent structure unless sufficiently screened or fenced, (c) commercial and wholesale uses other than those which in the opinion of the Com- mission are incidental to and neces- sary for the orderly development of an industrial center, (d) churches. 2. Restaurants, general. I. In the M-4 INDUSTRIAL ZONES the following uses are permitted: 1. All uses permitted in the C-4 and M-2 zones, except that all churches and residential usages oth- er than a caretaker's or watch- man's residence necessary and inci- dental to commercial, manufactur- ing or industrial uses, and all uses specified in paragraph 3 of Sub- section I hereunder shall be pro- hibited. 2. General manufacturing and In- dustrial uses, provided however that the following uses shall be permit- ted only in such location in the zone and under such conditions and method of operation as in the opin- ion of the City Council will protect the public health, safety and gen- eral welfare. A Special Use Permit shall he secured from the City Council. upon recommendation of the Planning Commission, prior to using any property pursuant to the provisions of this paragraph. Said uses are as follows: a Operation of: Blast Furnaces, Boat Yards, Boiler Works, Commer- cial Kennels, Cooperage Works, De- hydration Plants, Dog Pounds, and Marine Works. b. Manufacture of Acetylene Gas; Aluminum; Ammonia; Ammunition; Aniline Dye; Asbestos Products; Bleaching Powder; Carborundum Products; Casein Products; Cellu- loid; Cement; Chalk; Chemicals Cottonseed Oil; Disinfectants; Felt Graphite; Gotta Percha: Gypsum Kalsomine; Linseed Oil; Liquor of Spirits; Malt Products; Matches Oilcloth; Oil Drilling; Oleomarga- rine; Oxygen; Paint and Lacquer Pickles; Plaster of Paris; Potash Printing Ink; Pumice; Rolling Mills Rubber Products; Sauerkraut; Shel- lac and Varnish; Size; Snuff; Soap; Soda and Washing Powder; Soda Ash; Stove Polish; Turpentine; Vin- egar; Wastepaper Products; White Lead; Yeast; and Zinc Products. c. Storage of petroleum products which are in gaseous state at nor- mal atmospheric temperature a n d pressure, but become liquified un- der suitable pressure, such as bu- tane and propane. d. Any use which in the opinion of the Planning Commission is sub- stantially similar to any of the im- mediately above described uses and which is equally detrimental to the other uses of property in the zone. 3. The following uses are prohib- ited: a. Abbattuirs; Asphalt Mixing; Re- fining and Storage Plants; Coke Ovens; Dairies; Distillation of Coal; Wood or Bones; Fat Rendering; Fertilizer Works; Fish Canneries and Reduction Plants; Fish Curing and Grinding; Fur and Hide Cur- ing and Tanning; Hog Farms; Hog Raising and Fattening; Junk Yards; Salvage Enterprises; and Wrecking Yards. b. Manufacture of Asphalt, Char- coal, Explosives, Pert ilizer, Fire- works, Glue, Grease and Tallow, Gunpowder, Lampblack, Shedd y, Tar, Tar Paper, Tar Products, Oil Refning, Rock Crushing, Smelters, Stock Yards, Wool Scouring and Pulling. c. Any use which in the opinion of the Planning Commission is sub- stantially similar to any of the im- mediately above described uses and ac h ich is equally detrimental to the other uses of property in the zone. SECTION 9: RESTRICTIONS FOR ZONES O'Fiil'R THAN RESIDEN- TIAL. Subject to the provisions of Sec- tions 11 and 12 land and buildings may not be used pursuant to the provisions of Section R, in the Com- mercial, Manufacturing or Industrial zones except upon compliance with the following conditions: A. YARDS. The minimum area required to be reserved for yards on arty lot in a Commercial, Manufacturing or In- dustrial zone Is as follows: 1. A front yard of 20 feet in the M-3 zone, of not less than that re- quired in the adjoining residential zone in a C-i zone, of ant less than 10 feet in a C-3-A zone, and of not less than 5 feet in a C-3-13 zone. 2. An exterior side yard of not less than that required in the ad- joiuintt residential zone in a C-2 zone. 3. A side yard of 1 feet adjacent to the line between a C-2 zone and a residential zone. 4. A rear yard of 4 feet adjacent to the line between a C-2 zone and a I`. reSIGNsidentS.ial zone. In the Commercial, Manufactur- ing, and Industrial zones the fol- lowing provisions shall be appli- cable to the establishment of signs: 1. In C-2 LIMITED COMMERCIAL ZONES there may bet signs per lot, the aggregate area of which shall not exceed 40 square feet and 2 identification signs each not to exceed 50 square feet in area or 1 not to exceed the aggregate area of 100 square feet. Permissible signs shall not be placed nearer any street than the required frunt yard for the zone, except those which are attached to or become a part of the main building. 2. In M-3 J.IMITED INDUSTRIAL. ZONES hill boards or commercial advertising signs are prohibited. 1 sign and emblem will be permitted for each building, advertising only: a. The name of the person, firm or corporation occupying the build- ing. b. The name of the product or service of the tenant. 3. No sign or advertising structure shall be located in any zone near any highway, thoroughfare, or street in such a position as to ob- struct the view sufficient to create at nondition dangerous to traffic. SECTION 10: GENERAL PROVI- SIONS FOR ALL. ZONES. The foregoing regulations for the respective zones shall be subject to the following requirements, exeep- tions and modifications: A. USES. 1. Nu provision in this ordinance shall be deemed to prohibit within any zone the following uses: Pub- licly owned parks, golf co rsea and playgrounds aunt recreation, refresh- ment, service nod storage buildings appurtenant to such recreational areas unit used in connection there- with. Real estate offices or signs of a temporary character, which are located in and are for the purpose of disposing of property in a subdi- vision, provided such offices shall not lie maintained for more than 1 year. 2. Educational institutions may be permit led in any zone if their loca- tion and plan are first approved by the Planning Commission. 3. Electrical Sub -stations for serv- icing local needs, but not a utility or storage yard, may be permitted in residential and commercial zones if their location and plans are first approved by the Planning Commis- sion. 4. Permissible Residential Usage in less restrictive zones shall be constructed or established and lo- cated in accordance with all of the provisions of the It-4 zone. 5. Automobile and Motorcycle Rac- ing, including Quarter Midget Track establishments shall he prohibited In all zones within the City of Na- tional City. B. OFF STREET PARKING. 1. In It-J-S and It-1 zones there shall i,e at least 1 private garage or automobile storage space on each building site. 2. in It-2 zones there shall be at least 2 private garages or automo- bile storage spaces on each build- ing site. 3. In R-4 zones there shall be at least I private garage or automo- bile storage space for each dwell- ing or apartment on such building Site. 4. Except as otherwise specifically provided herein commercial or busi- ness buildings having a floor area of 1,000 square feet or more shall have at least 1 automobile storage space for every 1,000 square feet, or fraction thereof, of gross floor area in said building or structure. 5. Buildings and structures in Manufacturing and Industrial zones having a fluor area of 2,000 square feet or more shall have at least 1 automobile storage space for each 2,000 square feet, or fraction there- on', of gross floor area in said build - rigs or structures. 6. Buildings and structures in 31-2 zones shall have 1 automobile parking space for each 1,000 square feet, or fraction thereof, of gross floor area in staid buildings or struc- tures. 7. Churches, :audituri ems of edu- cational institutions, theatres, gen- eral auditoriums, stadiums, and sim- ilar places of assembly, shall have at least 1 automobile storage space for every 10 seats provided in such buildings or structure. R. Hospitals, sanitariums, asy- lums, orphanage s, convalescent hones and homes for the aged and infirm shall have at least 1 automo- bite storage space for each 3 pa- tient beds, plus 1 additional off street pa. rking space for each 3 permanent employees. 9. hotels, clubs, lodging houses, tourist homes, boarding and room- ing houses, dormitories, sororities and fraternities shall have at least 10 11 1 automobile storage apace for each 3 guest rooms plus additional park- ing spaces in accordance with the regulations set forth herein for such uses of the premises for other pur- poses. 10. Automobile camps, automobile courts and motels shall have at least 1 automobile storage space for each dwelling or apartment. 11. It shall be unlawful to erect, construct or place on any lot in the residential zones, private garages or other accessory buildings without a permissible main building. 12. Private garages or automo- bile storage spaces required by this ordinance shall be built concur- rently with the main buildings to which such garage or automobile storage spaces are accessory and shall be permanently maintained as private garages or automobile stor- age space for such main buildings. 13. Private garages or automobile storage spaces required by this or- dinance in it-1 or R-2 zones shall not be located In the front yard setback or in the exterior side yard setback where the rear lot line of a corner lot abuts and is common to the side line of an adjoining lot. 1.4. Automobile storage spaces, hut not garages, required in the R-4 zones may be located in the front yard setback to within 4 feet of the front property line. All other re- quired yards may be utilized for off street parking except that in required exterior side yards facing an existing street where the rear lot line abuts and is common to the side line of an adjoining residential lot, automobile parking shall not encroach closer than 4 feet from the exterior side property line. A 2 foot sidewalk shall be maintained between the automobile parking area and the main structure. 15. Automobile storage spaces re- quired in the M-3 zones may be lo- cated in the front yard setback and shall be so arranged that vehicular movement between the parking space and public right of way may be made without obstructing traf- fic. 16. Each automobile storage space required by this ordinance shall be provided with adequate ingress and ogress. 17. Every main building, private garage building, carport or acces- sory building or other building in any residential zone shall be se equipped that the doors when open, or being opened shall nut project beyond any lot line, and when said doors open onto an alley, the wall or portion thereof containing said doors or doorway shall be at least 6 feet from the line forming the common boundary between said lot and the alley. 18. Automobile storage spaces re- quired by this ordinance shall bo on the same lot as the main building or structure or on contiguous property if owned by the same property owner. Automobile parking required in the Commercial, Manufacturing or Industrial zones may be locate,) In abutting It-4 zones providing said property is abutting the lot of the main building or structure If under the same ownership and pro- vided that such parking spaces In the abutting It-4 zone shall not be maintained as a separate commer- cial enterprise. Properties separated by an alley shall be deemed as be- ing abutting. C. LOADING AND UNLOADING SPACE. 1. On the same premises with every building, structure or part thereof, erected and occupied in the Commercial, Manufacturing or In- dustrial zones there shall be pro- vided and maintained on the lot, adequate space for standing, load- ing and unloading services in order to :void undue interference with public use of the streets or alleys. Such space, unless otherwise ade- quately provided for, shall include a 12 foot by. 50 font loading space with 14 foot height clearance for every 2r1,000 square feet or fraction thereof building floor use, or for every 20,000 square feet or fraction thereof of land use. 2. In M-3 zones each loading or unloading space ur clock shall be provided with adequate ingress and egress, shall riot lie located in the required front yard setback and shall be so arranged that no por- tion of the vehicle is encroaching upon any public right of way. Direct loading or unloading from a public street is prohibited. D. INSTAI.i.ATION OP AUTOMO- BILE STORAGE SPACES, LOADING AND UNLOADING SPACES. 1. Automobile storage s p a e e s, loading and unloading spaces, shall be put to a safe grade and improv- ed by gravelled, bl acic tot, tied, paved, oiled, granited or other suitable ma- terial. 2. In the multiple residence zones and lesser restrictive zones there shall be appropriate bumper guards where needed. 3. Automobile storage spaces as required shall be completed and made available for occupancy prior to final inspection by the Building Inspector of the main structure or building including curb break and driveway installed to the estab- lished grade of the street. 4. In all zones flood lighting used in conjunction with the automobile parking spaces, loading or unload- ing spaces or docks shall he di- rected away from adjacent property and street S. 5. Every lot or parcel of land hereafter used as an automobile storage lot or an automobile, trac- tor, Implement, or trailer sales lot in the (7ornmercbil, Manufacturing and Industrial zones shall be In- stalled as provided in this section subject to approval of the plans by the City Planning Commission. F. INSTALLATION OF SIDE- WALKS, CURBS AND GETTERS CONCURRENT WI'rii THE EREC- TION UP NI:W BUILDINGS OR S'f RIICTC RES. 1. In all zones, except the Manu- facturing and Industrial zones, pri- or to the issuance of a Certificate of Occupancy or final inspection by the Building Inspector for all new structures or buildings in excess of 82,5011 valuation, sidewalks, curbs :and gutter in front of and on the exterior side of said property shall be installed in conformity with the Ordinances of the City of National City. 2. In the event that the installa- tion of the improvements as re- quired by this sect bin iv ould cause a dangerous or defective condition to the property, or it would be ex- tremely impractical to so install or construct the same, then the Prop- erty owner or his agent may apply to the Planning Commission for a special exemption from the provi- sions of this section, stating his grounds and reasons therefor, and if the Planning Commission in its discretion feels that said grounds or said exemptions are reasonable and should be granted, it may exempt said person from the provisions of this section. 3. Any person aggrieved by the decision of the Planning Commis- sion in granting or denying said exemption, may within 10 days from date of said ruling of the Plan- ning Commission file with the City Cleric an appeal in writing to the City Council from said ruling or de- cision. The City Council shall there- upon, at their next regular meeting, or within 30 days thereafter, decide said appeal. 1e. FENCES, WALLS, HEDGES. I. Fences and walls not exceeding 8 feet in height and hedges may be located in yard areas provided that if located in any front yard, or the exterior side yard of any corner lot they shall not. exceed 4 feet in height, and further provided that no part of any fence, wall, hedge or other structure, tree, plant, or bush located on a corner lot closer to the intersection of the property lines on the street side than the required front yard for the zone in which lo- cated, shall be higher than 3 feet above the official property line grade. Fences, walls, and hedges over 4 feet in height shall not be permitted in the rear yard area of a corner lot except in locations Per- missible for accessory buildings in such rear yards. itegardless of any other provision hereof limiting height or locution of fences, wire mesh fences of any height including barbed wire strands at the top, may be used to enclose public school or playground Property or public util- ity stations or structures, or any swimming pool. 2. No fence, wall, hedge or other landscape architectural features permitted by this ordinance shall be so located or maintained as to preclude access at all times about a main building. Gates or other suitable openings at least 3 feet in width shall be considered as providing such access. II. SWIMMING POOLS. 1. Swimming pools shall be con- sidered as an accessory to the main structure, shall set back 4 feet from property lines and shall not be permitted in the front yard set- back. If the entire rear yard is not enclosed with a 6 foot fence, pro- visions shall be made to enclose the swimming pool area with a 6 foot fence. Unless the swimming pool wail is constructed to act as a re- tainer wall for the main structure, a distance of -I feet shall be main- tabried between the swimming pool and the main structure. I. 'TRAILERS AND BOATS. Trailers and boats shall not be al- lowed to lie maintained or stored within the front yard setback. J. ANNEXIcL LANDS. 1. Any land hereafter annexed to the City of National City shall be temporarily placed In the same zone as that. in which it is classified un- der County zoning pursuant to the County of San Diego Zoning Ordi- nnce. In the event said land to be annexed Is unzoned, such land shall be temporarily placed In the It -I, Single Family Residence Zone. K. PLATS. 1. Each application for a build- ing permit shall contain accurate information and dimensions as to the size :a❑d the location of the lot, the size and location of the existing buildings and structures, and the proposed buildings and structures; the dimensions of all yards and „pen spaces; the dist- ances between all structures and buildings; the square footage of all structures and each floor thereof; square footage of the lot; the front yard setbacks on abutting prop- erties; location of all automobile storage spaces; proposed excavating or grading; known water course or natural drainage; and such other information as may be necessary for the enforcement nut these regu- lations. A careful record of the original of such plats shall be kept in the files of the Planning De- partment. Before final approval of the plans by the Building in- spector, the City Planner shall ap- prove the plans for compliance with provisions of this ordinance. SECTION 11. NON -CONFORMING BUILDINGS AND USES. A. The lawful use of band exist- ing at the Hine of the passage of this ordinance, although such use does not conform to the provisions hereof, may be continued, in the 12 13 event such non -conforming use is discontinued, at any time, further use of said land shall be in con- formity with the provisions of this ordinance. Such non -conforming use shall not be enlarged or extend- ed to any other portion of the lot not actually so occupied at the time such use became non -conforming as a result of the adoption of this ordinance. R. A la w f u l non -conforming building' existing at the time of passage of this ordinance may be continued or be maintained. A non- conforming use in either a conform- ing building or a non -conforming building, structure or portion of either thereof shall not be extended to any portion of the building or structure not so used at the time said use became non -conforming as a result of the adoption of this or- dinance. C. No existing building or prem- ises, excepting those specific uses defined in sub -sections L and I' of this section, designed, arranged, intended or devoted to a use not permitted in the zone in which such buildings or premises are located, shall be enlarged, extended, recon- structed or structurally altered un- less such use is changed to a use permitted in the zone in which such building is located, except, however, that work done in any period of 12 months on ordinary structural al- terations or replacements of walls, fixtures or plumbing not exceeding 75% of the building's assessed val- ue according to the assessment thereof by the San Diego County Assessor for the fiscal year in which such work is done, shall be permitted. D. If at any time building or premises, excepting those specific uses defined In sub -sections I? and G of this section, upon which such non -conforming use has been exer- cised shall he damaged by fire, ex- plosion, Act of God or Act of the Public Enemy to the extent of more than 75%. of the assessed value ac- cording to the assessment by the San Diego County Assessor for the fiscal year during which such de- struction occurs; then and without further action by the City Council, the said premises on which sail building or structure was erected or maintained shall from and after the date of such destruction be deemed to be classified without fur- ther notice as of the same class of use as the zone in which it Is lo- cated, and shall he subject to all the restrictions of such classification. li. Churches of a permanent na- ture which became nun -conforming at the time of the adoption of Ordi- nance No. 854 on December 1, 1953 may be continued, reconstructed, structurally altered, extended or enlarged, subject to having plans of any reconstruction, alteration, extension, or enlargement being up - proved by the Planning Commis- sion and provided such reconstruc- tion, alteration, extension, or en- largement conforms with all other provisions of this ordinance and further provided that said exten- sion, reconstruction, alteration or enlargement shall not lie extended to additional property not owned at the time of the adoption of this or- dinance. F. Schools, residential and com- mercial usages in the Commercial, Manufacturing and Industrial zones which become non -conforming at the time of the adoption of this or- dinance may be continued, struc- turally altered, extended or en- larged, provided said alteration, extension, or enlargement conforms with all other provisions of this or-' dinance and further provided that 1 said extension, alteration, or en • - largement shall not he extended to additional property surrounding the J original building site. G. Schools, residential and com- mercial uses in the Commercial, Manufacturing and Industrial zones which become non -conforming at the time of the adoption of this or- dinance damaged or destroyed to any degree, Up to and including 100% by fire. Act of God, or Act of the Public Enemy may be recon- structed subject to conformance with all other provisions of this or- dinance but shall not lie extended to additional property surrounding the original building site. Said re- construction may be commenced only by the owner at the time of the destruction and only within 1 year from the date of destruction. H. No provisions of this ordi- nance concerning the required re- moval of non -conforming buildings and uses and the reconstruction of non -conforming buildings partially destroyed shall apply to public util- ity buildings and structures when such buildings and structures per- tain directly to the rendering of the service or distribution such as pow- er generating plants and electrical distribution sub -stations; water wells and pumps, gas storage, met- ering' and valve control stations. Nothing in this ordinance shall be construed or applied so as to pre- vent the expansion, increase in ca- pacity, modernization or replace- ment of such public utility build- ings, struct tires, equipment and features as are used directly for the delivery of, or distribution of, the service; provided, however, that all yard requirements of the zone in which the site is located shall be maintained and there shall lie no enlargement of the site. SECTION I'l: VARIANCES. A. When practical difficulties, unnecessary hardships or results In- eonsistent with the general pur- poses and intent of this ordinance would occur through strict appli- cation of its provisions, the Com- mission after holding a hearing on a petition prepared in accordance with this section, may recommend to the City Council that variances to the provisions of this ordinance be granted. The City Council may grant variances to the Pr', vi sin ns of this ordinance, provided that so do- ing will not defeat., but rather, will catty out its general intent and purpose, provide for the public safe- ty and welfare and administer sub- stantial justice. R. The sole purpose of any vari- ance shall be to prevent discrim- ination, and no variance shall be granted which would have the ef- fort of granting a special privilege not shared by other property In the same vicinity and zone. 1'he term unnecessary hardship is not intended to cover any economic or personal problem of an individual or group of individuals. C. Any petition which has not been prepared In accordance with provisions of this ordanance need not be filed. Such petition shall: 1. Contain a plot plan showing the size and location on the build- ing site. 2. Contain facts Indicating there are exceptional or extraordinary circumstances or conditions appli- cable to the land, buildings or premises involved, or to the in- tended use of same, that do not apply generally to the property or class of uses in the same zone. 3. Contain facts indicating a variance is necessary for the pres- ervation and enjoyment of substan- tial property rights. 4. Contain facts indicating the gr:urt ing of such variance will not be materially detrimental to the public health, safety and welfare err injurious to the conforming land, property or Improvements in the neighborhood of the property for tvhich such variance is sought. 5. State the applicant is willing and able to carry out the purposes for which a variance is sought within a period of 90 clays. 6. Contain the names and ad- dresses of all persons whose names appear on the latest adopted tax roll of San Diego County as owning' property within a distance of not less than 300 feet from the exterior boundary of the area occupied and to be occupied by the use being sought. 7. have attached thereto an ac- knowledgment in writing of a ma- jority of the property owners With- in a radius of 300 feet stating that they have read the petition. A. Contain or be accompanied by any other information, map, plats, plans, profiles, sections, specifica- tions or other pertinent matter the Commission may require. 9. Have attached thereto a plot plan showing the following: (1) The legal boundaries of all prop- erty within 300 feet of the appli- cant's property, (2) The name of the owner of all such property, and (3) All streets adjacent to said property. 10. Be verified by the owner of the land for which the variance is sought. E. A fee of $50.00 shall be paid at the time of the filing of such petition with the Planning Depart- ment. Such fee is nut refundable. F. Upon the filing of a petition, the Planning Department shall set the matter for public hearing by the Commission. G. Failure of the Commission to take action on any such petition within 60 days of the date of filing shall be deemed a denial of the petition, provided however that the applicant may waive this provision, in tvh icln event the Commission shall retain jurisdiction to act on the petition. H. A denial of the petition by the Commission shall be final, sub- ject to the right of applicant to ap- peal in writing to the City Council within 15 days after denial by the Commission. I. In the event the Commission approves the application as being sufficient in law and fact it shall submit its recommendation in writ- ing to the City Council. J. Not less than 15 days after receipt of the Commission's recom- mendation, the City Council shall act upon the petition. In the event that no protest in writing to any portion of the recommendation of the Planning Commission is filed with the City Clerk prior to the ex- piration of the said 15 days, the City Council may grant or deny a vari- ance without a hearing, provided all oral protests are heard before the granting or denying of said var- iance. In the event that any writ- ten protest is filed within said lii day period, the City Clerk shall set the matter for public hearing by the City Council. K. Notice of any public hearing on ;any such petition shall be given pursuant to the provisions of Sec - lien 65951 of the Government Code of C:lifornla and by publication once in a newspaper circulated in the City of National City at least le days prior to said hearing. SECTION 13: ADMINISTRATION. A. There is hereby created a de- partment of the City of National City to be known as the Planning Department. The City Council shall appoint a City Planner and such other employees as it deems neces- sary to operate the Planning De- partment. The City Planner shall: 1. Supervise the activities of the Planning Department. App rut'a plot plans pursuant to the provisions of this ordinance. 3. Approve applications for build- ing permits as to conformance with the provisions of this ordi- nance. 14 15 4. Approve applications for busi- ness licenses pursuant to the pro- visions of Ordinance No. 708 as amended by Ordinaries Nu. 898. 6. Approve tentative and final subdivision maps as to conform- ance with the provisions of this ordinance. 6. Perform such other duties as may be assigned by the City Mana- ger. 7. Submit for the determination of the Planning Commission ques- tions involving the applicability of this ordinance when doubt exists thereto. B. Any building or structure set up, erected, built or maintained, or any use of property contrary to the provisions of this ordinance is nereby declared to be a public nuis- ance. Any person, firm or corpora- tion, whether as principal, agent, employee or otherwise, which vio- lates any provision of this ordi- nance shall be guilty of a misde- meanor, and upon conviction there- of shall be punished by a fine of nut more than $0011.00 or by impris- onment in the city or county jail for a period of not more than 6 months, or by both such fine and Imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offense for each and ever) day during any portion of which any violation of this ordinance is committed, con- tinued or permitted. C. It shall be the duty of the Planning Commission to enforce this ordinance. In the event the Commission finds that any person is violating any provision of this or- dinance, it shall serve written no- tice of such findings on such per- son by registered mail, and shall order such person to cease and de- sist from such violation. in the event that such person continues to violate any provision of this or- dinance thereafter the Commission shall request the Chief of Police to Institute criminal proceedings against such person. The Chief of Police shall institute proceedings within 30 days. SECTION 14: AMENDMENTS. This ordinance may be amended pursuant to provisions of the Gov- ernment Code of California. In the event that proposed amendment to this ordinance shall be requested by any property owner, nu stops shall be taken Lo hold any hearings on such proposed amendment until the property owner has deposited with the City a sum equal to the esti- mated cost of making such amend- ment, but In no event less than $100.00. SECTION 15. VALIDITY. If any section, sub -section, sen- tence, clause or phrase of this or- dinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of National City hereby declares that it would have passed this or- dinance and each section, sub -sec- tion, sentence, clause and phrase therein, irrespective of the fact that any one or more other sections, sub -sections, sentences, clauses or phrases be declared invalid or un- constitutional. PASSED AND ADOPTED by the City Council of the City of Na- tional City, California, this 8th day of December, 1959, by the follow- ing vote, to -wit: AYES: Councilmen Fessman, Hart, Hollingsworth, lodge NAYS: Councilmen None A13Sb:NT: Allen WALTER F. HODGE Mayor of the City of National City, California ATTEST: Irene M. Alston City Clerk I hereby approve the foregoing Ordinance this 8th day of Decem- ber, 1969. WALTER F. HODGE Mayor of the City of National City, California 1 hereby certify that the above and foregoing Is a full and true copy of Ordinance No. 962 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and ap- proved by the Mayor of said City, on the 8th day of December, 1969. (Signed) IRENE M. ALSTON City Clerk of the City of National City, California. (SEAL) Legal No. NC-1368: — Published in National City Star -News, Nat'l City, Calif., Dee. 17. 1959. t4 7--... \ \ \ I'll';, \ • — . 1\ _.,.. - iioo \ ID ',' .,v, \ , ET - , , , . I 'i:\ 1 , - . , . , , _ft \ :.• t-- - 1 - ,. ., . , - J •••_.% :_., I _rr• ,,„:„.‘ . .. . ,r. _,,,'S, I • ,r- \ ' • I I I ._ v 1 0 r. 4.21r 4. A. A + , I 1 ; —414.JIlLf 1, I. :I' I I— '',,,,, 9' 9 i._ ;7' i, ti. Ts'vff, 9' i '.; I i 1 C-3'"C •,.. .. I t I — ' ' 1 • 1 • I . 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