HomeMy WebLinkAboutCC ORD 1948-750 Zoning, repeals Ord. 622 (Repealed by 962)a ,! ,'lid ri�'f,.
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ORDINANCE NO. 150
DISTRICTING ORDINANCE OF
THE CITY OF NATIONAL CITY,
CALIFORNIA
AN ORDINANCE OF THE CITY
OF NATIONAL CITY, CALIFOR-
NIA, ESTABLISHING DISTRICTS
WITHIN THE CITY OF NATION-
AL CITY AND PRESCRIBING
REGULATIONS GOVERNING THE
VSE OF LAND, THE USE AND
HEIGHT OF BUILDINGS AND
STRUCTURES, THE OPEN SPAC-
ES AROUND SAID BUILDINGS
AND STRUCTURES, IN THE
VARIOUS DISTRICTS: PROHIB-
ITING CERTAIN USES AND CER-
TAIN TYPES OF BUILDINGS OR
STRUCTURES IN CERTAIN DIS-
TRICTS: ADOPTING A MAP OF
SAID DISTRICTS: DESCRIBING
AND DEFINING CERTAIN TERMS
USED HEREIN: PROVIDING FOR
THE ENFORCEMENT AND
AMENDMENT HEREOF: RE-
PEALING ORDINANCE 622; AND
PRESCRIBING THE PENALTY
FOR VIOLATION HEREOF.
The City Council of the City of Na-
tional City does ordain as follows:
SECTION I.
GENERAL PURPOSE AND ADOP-
TION OF DISTRICTING PLAN For
the purpose of promoting and pro-
tecting the public health, safety, and
general welfare of the people of the
City of National City, California, and
to provide for the social, physical
and economic advantages resulting
from comprehensive and orderly de-
. velopment and use of land resources,
a land use districting plan, com-
posed of this ordinance, and map of
the districts created by this ordin-
ance, is hereby established and adopt-
ed by the City Council of the City
of National City, California.
This ordinance, including amend-
ments hereto, may for purposes of
reference be known and cited as
"The Districting Ordinance of 194S."
SECTION 2
REPEAL OF ORDINANCE NO. 622
Ordinance No. 622 entitled, "AN
ORDINANCE PROVIDING FOR
THE CREATION IN NATIONAL
CITY OF SEVEN (7) ZONES CON-
SISTING OF VARIOUS ZONES OR
DISTRICTS AND PRESCRIBING
THE CLASSES OF BUILDINGS,
STRUCTURES AND IMPROVE-
MENTS IN SAID SEVERAL ZONES;
AND THE USE THEREOF: THE
HEIGHTS OF BUILDINGS, AND
THE AREA OF LOTS COVERED
BY BUILDINGS: ESTABLISHING
SETBACK IN FRONT AND SIDE
YARDS: DEFINING THE TERMS
USED HEREIN, PRESCRIBING
THE PENALTY FOR THE VIOLA-
TION OF THE PROVISIONS HERE-
OF AND REPEALING CERTAIN
ORDINANCES OF SAID CITY."
and amendments thereto are hereby
repealed. In respect to other ordin-
ances which are effective after the
adoption of this ordinance, it is in-
tended that where this ordinance im-
poses a greater restriction than is
imposed or required by existing laws
or ordinances, the provisions of this
ordinance shall control.
SECTION 3 DEFINITIONS
For the purpose of this ordinance,
certain terms used herein are defined
as follows: All words used in the
present tense shall include the fu-
ture; all words in the pluralnumber
shall include the singular number
and all words in the singular number
shall include the plural number; the
word "shall" is mandatory, and cer-
tain words and terms used herein are
defined as follows:
"Accessory or Accessory Building":
A subordinate building or structure
or portion of the main building, other
than guest house, separate servants
quarters, separate utility building or
recreation building the use of which
is incidental to that of the main
building, and located on the same
lot therewith.
"Apartment": A room or suite of
two or more rooms used or occupied,
or which is designed or intended for
use and/or occupancy by only one
family which may do its own cook-
ing in said room or suite.
"Automobile Camp": Land used or
intended to be used for camping pur-
poses by automobile transients, wheth-
er shelter is provided by means of
tents, trailers or other non -perman-
ent means.
"Automobile Court": A group of
two or more detached or semi-de-
tached buildings containing guest
rooms and/or apartments with auto-
mobile storage space provided in con-
nection therewith, and designed and
i v
ib ail ,d
-t9�. 6
_cis'L
Ni r
in ed primarily for transient
guests.
"Automobile Parking": Automobile
storage spaces whether on an open
lot, in a building, or any combina-
tion of both, also including a park-
ing lot or storage garage.
"Automobile Storage Space": A
space not less than eight (8) feet
wide by eighteen (18) feet long ac-
cessible to and usable by a standard -
size automobile for temporary park-
ing or storage thereof. Said auto-
mobile parking space, when located
within a building, shall be exclusive
of driveways, walks, ramps, columns,
and areas devoted to other purposes
than storage or parking of automo-
biles.
"Building": Any structure for the
shelter, housing and/or enclosure of
any person, animal or chattel; and
when any portion thereof is complete-
ly separated from every other portion
thereof by a masonry division or
fire wall, without any window, door
or other opening therein which wall
extends from the ground to the up-
per surface of the roof at every
point, then each such portion may be
considered a separate building.
"Building Height": The vertical dis-
tance from the average of the high-
est and lowest elevations of those
parts of the lot immediately adja-
cent to the building to the ceiling
of the uppermost story in case of
a flat roof; the deck line of a man-
sard roof; to the mean height be-
tween eaves and ridges of a gable,
hip. or gambrel roof.
"Building Site": The ground area
occupied or to be occupied by one
or more buildings together with all
the yards and open spaces as re-
quired by this ordinance.
"Bungalow Court": A group of
three 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 automobile courts.
"City": The City of National City,
County of San Diego, State of Call-
fornia.
"Council or City Connell": The CIty
Council of said City of National City.
"Commission": The City Planning
Commission of said City of National
City.
"District": Any area or areas, sim-
ilarly classified whether contiguous
or not, and shown by specific and
similar designations on the maps
which are a part of this ordinance.
"Duplex" or "Two -Family Dwell-
ing": A building, having not more
than two kitchens, which is designed,
arranged or int the living
quarters for no n two fam-
ilies living in `fly of each
other.
"Dwelling or +, amity Dwell-
ing": A buildin_ ving onlyone
kitchen used or de'= ned or intend-
ed for use or occupancy by not more
than one family as living quarters.
"Family": An individual or two or
more persons related by blood or
marriage living together.
"Front Yard": A yard across the
full width of the lot and extending
from the front lot line to a line par-
allel thereto which passes through
the nearest portion of the main build-
ing which is closest to said front
lot line.
"Guest House": A separate building
on the same lot with a main build-
ing, designed or arranged for sleep-
ing purposes and which may contain
plumbing, but not designed nor
equipped for cooking or preparation of
food.
"Hotel": Any building or portion.
thereof containing six or more sep-
arate guest rooms used or intended or
designed to be used, let or hired out
to be occupied or which are occupied
by six or more guests, whether the
compensation for hire be paid direct-
ly or indirectly in money, goods,
wares, merchandise, labor or other-
wise, and shall include hotels, lodg-
ing and rooming houses, dormitories,
turkish baths, bachelor hotels, stu-
dios, public and private clubs, and
any of such building of any nature
whatsoever so occupied, designed or
intended to be occupied, except jails,
hospitals, asylums, sanitariums, or-
phanages, prisons, detention and sim-
ilar buildings where human beings
are housed and detained under legal
restraint.
"Inside Lot": A lot abutting not
more than one street.
"Rey Lot": The first inside lot to
the rear of a corner lot, the side
G
line of which abuts the same street
as the front line or said first inside
lot.
"Lot": A parcel of real property
shown on a map recorded in the of-
fice of the County Recorder of San
Diego County, California, designated
on such map by a separate number or
other character which applies only to
the parcel so marked, or any area
of land under one ownership abutting
upon at least one street, alley, or
recorded easement.
"Main Building": Any building and/
or structure except an accessory,
which Is the principal building allow-
ed on any lot in the zone in which
such lot is located.
"Multiple -Family Dwelling": A
building, portion thereof, or group
of buildings having three or more
housekeeping units or apartments,
used, or designed, or intended for use
as living quarters for three or more
families living independently of each
other, but not including automobile
camps, automobile courts, or hotels.
"Non -Conforming Building": Any
building or structure or any portion
of either, which lawfully existed at
the time this ordinance became effec-
tive and which was designed, erected
or structurally altered for a use that
did not comply with the provisions
of this ordinance, particularly with
respect to the District in which
it is located and has not since
such date been made to comply with
said provisions.
"Non -Conforming Use": Any use
lawfully existing in or on any build-
ing or structure, or in or upon any
lot, at the time that this ordinance
became effective, but does not comply
with the provisions of this ordinance,
particularly. respect to the Dis-
trict in ,. - use is located and
has no date been made to
comply i provisions.
"Park. An open area oth-
er th..-, .used, or designed to
be . mporary storage of
auto " which is available
for ' ,lic or private use
whether"+'". ., or compensation, or
as an accommodation for clients or
customers, or for private use.
"Place of Business": Any building,
lot, or portion thereof used for any
purpose in connection with any en-
terprise operated for gain.
"Private Garage": An accessory to,
or a portion of a main building, used
or designed for use only for the shel-
ter and/or storage of passenger ve-
hicles, or trucks of not more than
one ton rated capacity.
"Rear Yard": A yard extending
across the full width of the lot and
measured from the rear lot line of the
lot to the nearest rear portion of
that malt. building which is closest to
said rear lot line.
"Recreation Building": A separate
building on the same lot with a main
building or a portion of an accessory
or main building, designed or intend-
ed for use as a playroom, hobby
room, recreation room or other sim-
ilar purpose, which may contain
plumbing but which shall not be
designed nor equipped for cooking or
preparation of food.
"Separate Servants Quarters": A
separate building on the same lot
with a main building, designed or
arranged for sleeping purposes and
which may contain plumbing, but
not designed nor equipped for cook-
ing or preparation of food.
"Separate Utility Building": A sep-
arate building on the same lot with
a main building or a portion of an
accessory building designed or intend-
ed 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.
"Side Yard": A yard on each side
of the building and extending from
the front yard to the rear yard of
said lot, and located between the
side lot line and the main building
the measured distance or width of
which yard shall represent the short-
est distance between the side line
of the lot and that portion of the
main building nearest said side line
from which the measurement is taken.
"Storage Garage": A building de-
signed, used, or intended to be used,
for the temporary housing or stor-
age of automobiles whether free or
for compensation or as an accommo-
dation for clients or customers or for
public use.
"Structure": Anything constructed
or erected, the use of which requires
more or less permanent location on
the ground, or attachment to the
ground or attachment or something
750
750
having a fixed location on the
ground.
"lise": The purpose for which
premises or a building thereon is de-
signed, arranged or intended or for
which it is or may be occupied or
maintained.
"Yard": An open space on a lot
on which a building is situated and,
except as otherwise provided in this
ordinance, is unoccupied or unob-
structed with building, structures, or
portions thereof from the ground up-
ward, and when a yard dimension is
given it represents the minimum
horizontal distance between the lot
line from which the distance must be
measured and a line parallel to said
lot line.
SECTION 4 ESTABLISHMENT OF
DISTRICTS
(A) In order to classify, regulate,
restrict and segregate the use of land,
buildings and structures, and to reg-
ulate and to limit the type, height,
and bulk of buildings and structures
in the various districts, and to regu-
late the areas of yards and other
open areas about and between build-
ings and structures, and to regulate
the density of population, the City
is hereby divided into twelve (12)
Districts designated and known as:
R-1-A Suburban District
R-1-S Special Single Family Resi-
dence District
R-1 Single Family Residence Dis-
trict
R-2 Two Family Residence District
R-4 Multiple Family Residence Dis-
tri`t
C-2 Limited Business District
C-3 General Business District
C-3-A General Business District-
10 foot set back
C-3-B General Business District-
5 foot set back
C-4 Wholesale Business District
M-2 Light Manufacturing District
M-3 Industrial District
which several districts and the boun-
daries of said districts, and each of
them, are hereby established and
adopted and are shown delineated and
designated, R-1-A, R-1-S, R-1, R-2, R-4,
C-2, C-3, C-3-A, C-3-B, C-4, M-2, and
M-3 respectively on that certain map
entitled "National City California
Districting Map 1948," which map to-
gether with all the notations, ref-
erences, data, district boundaries. and
other information thereon, Is at-
tached hereto, made a part hereof,
and is hereby adopted. The land
area comprising said districts, and
each of them, is shown and desig-
nated on said map.
(B) District Boundaries: In case of
uncertainty as to the district boun-
daries of any of said districts, the
following rules shall apply :
1. Where said boundaries are in-
dicated as approximately following
street lines, alley lines, or lot lines,
such lines shall be construed to be
said boundaries.
2. In unsubdivided property or
where a district boundary divides a
lot, the location of such boundary,
unless indicated by dimensions, or by
rule (1) above, shall be determined
by use of the scale appearing on said
map.
3. If after the application of the
above rules, uncertainty exists as to
any district boundary, the City Coun-
cilshall, upon written request, inter-
pret the map and determine said
boundary and said determination shall
be final and made a permanent pub-
lic record.
(C) Public Streets and Alleys: Pub-
lic streets and alleys shall not be
a part of any district, but whenever
a public street or alley is officially
abandoned, the regulations applicable
to the abutting property shall apply
to said vacated street or alley, but
if such street, prior to abandonment,
separated two districts then the dis-
tricts on both sides shall extend to
the center of said abandoned street or
alley.
SECTION 5 EFFECT OF ESTAB-
LISHMENT OF DISTRICTS
(A) Except as hereinafter other-
wise provided:
1. No building, structure or portion
thereof, designed, arranged or intend-
ed to be occupied or used for any
purpose or in any manner other than
permitted in this ordinance or amend-
ments thereto, for the district in
which such building or structure is
located orproposed to be located.
shall be erected, constructed, or es-
tablished, placed, Altered, added to,
enlarged, or used.
2. No building, structure, land or
premises shall be used for any pur-
pose or in any manner other than
permitted in this ordinance or amend-
ments thereto for the district in
which such building, structure, land,
or lot is located.
3. No building shall be erected
nor shall any existing building be
moved into a district, reconstructed
or structurally altered to exceed, or
which exceeds, in height the limit
established by this ordinance, or
amendments thereto, for the district
in which such building is located.
4. No building shall be erected nor
shall any existing building be moved,
altered, enlarged or rebuilt nor shall
any open spaces surrounding any
building be encroached upon or re-
duced in any manner, except in con-
formity with the building site re-
quirements and the area and yard
regulations established by this or-
dinance, or amendments thereto, for
the district in which such building is
located.
5. No yard or other open space
provided about any building for the
purpose of complying with the regu-
lations of this ordinance, or amend-
ments thereto, shall be considered as
providing a yard or open space for
any other building or structure.
SECTION 6 R-1-A SUBURBAN
DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of section
18.
(A) Uses Permitted:
1. Single-family dwellings of a per-
manent character each placed in a
permanent location.
2. .Agricultural and horticultural
uses.
3. Farming including the breeding,
hatching, raising and keeping of rab-
bits, fish, frogs, bees, birds, ducks,
turkeys, chickens and other poultry
or fowl.
4. Private recreation facilities and
Playgrounds.
5. The renting of rooms and/or the
providing of table board for not to
exceed two (2) paying guests.
6. Not more than two (2) signs,
unlighted and each not exceeding six
(a) square feet In area. Such signs
shall pertain only to:
(a) The sale of products grown or
produced upon the premises.
(h) Advertising the sale or lease of
only the personal property of the
residents or of the particular build-
ing, property or premises upon which
displayed.
(c) Official notices.
No other advertising signs, struc-
tures or devices of any character
shall be permitted.
7. There may be accessory build-
ings incidental to only uses permitted
in the R-1-A district, provided how-
ever that no building, structure or
stand of either a temporary or per-
manent nature to facilitate selling
of produce, whether raised on the
same lot or not, shall be permitted;
and further provided that the aggre-
gate area of all Accessory Buildings,
Guest Houses, Separate Servants
Quarters, Separate Utility Buildings
and Recreation Buildings shall not
exceed 40 per cent of the rear yard
area.
8. Selling of products and produce
raised on the same lot where sold.
0. Guest Houses, Separate Servants
Quarters, Separate Utility Buildings
and Recreation Buildings, provided
they are on the same lot with the
main building and further provided
that an agreement of form to be
prescribed by the Planning Commis-
sion and limiting the use of said
guest house, servants quarters, util-
ity building or recreation building, be
signed and sworn to by the owner of
the property and delivered to the
building department before a build-
ing permit may be issued, and fur-
ther provided that the agreement be
delivered by the building department
to the City Clerk who shall record
same in the office of the Recorder of
San Diego County, California.
(B) No provision of this Section
shall be construed as permitting:
1. Commercial dairies
2. Keeping, raising or feeding of
hogs or foxes.
3. Riding academies or commercial
stables
4. Commercial Kennels or veterin-
ary hospitals.
5. The commercial killing, or butch-
ering of birds, poultry, fowls, rab-
bits, or other animals.
(C) Building Height Limit:
1. Two (2) stories or not to ex-
ceed thirty-five (35) feet.
(D) Building Site and Area Re-
quirements:
1. The minimum building site for
each single-family dwelling shall be
five thousand (5,000) square feet and
the minimum lot width shall be fifty
(50) feet.
2. There may be more than one
single-family dwelling on any lot
having ten thousand (10,000) square
feet or more provided there is not
less than five thousand (5,000) square
feet of lot area for each dwelling on
such lot.
(E) Automobile Storage Space re-
quired:
There shall be at least one (1) pri-
vate garage or automobile storage
space on the same lot with the main
building, for each dwelling on such
lot, but the number of cars for
which automobile parking may be
provided shall be limited three (3) au-
tomobiles for each dwelling on the
same lot.
(F) Spacing Requirements:
1. If two or more dwellings are
placed on the same lot they shall be
at least fifteen (15) feet apart.
2. Accessory buildings or structures
which are not designed for or being
used for housing or corralling ani-
mals shall be not less than four (4)
feet from any main building or from
other accessory buildings.
3. Accessory buildings which are
designed for or are being used for
the housing or corralling of animals
shall be not less than twenty-five
(25) feet from the nearest dwelling
to such accessory.
(G) Yards as follows shall be pro-
vided and maintained:
1. Front Yard:
There shall be a front yard of at
least twenty (20) feet.
2. Side Yard:
There shall be side yards the width
of each of which shall be not less
than four (4) feet, provided however
that the side yard on the exterior or
street side of corner lots shall be not
less than ten (10) feet in width.
3. Rear Yard:
There shall be a rear yard of not
less than twenty-five (25) feet and
forty per cent (40%) of such rear
yard area may be covered by acces-
sory buildings.
SECTION 7 R-1, SINGLE FAMILY
RESIDENCE DISTRICT
The following regulations for this
district shall be subject to the excep-
tions and modifications of Section 18.
(A) Uses Permitted:
1. Single-family dwellings of a per-
manent character each placed in a
permanent location.
2. Flower and vegetable gardens
and orchards not for commercial
sales.
3. Nurseries and greenhouses used
only for purposes of propagation and
culture, and not for commercial
sales.
4. Accessory buildings but the ag-
gregate area of all accessory build-
ings, guest houses, separate servants
quarters, separate utility buildings,
and recreation buildings shall not ex-
ceed 40% of the rear yard area.
5. Not more than one (1) sign, un-
lighted and not exceeding six (6)
square feet in area, bearing official
notices or advertising only the sale,
lease or hire of the personal prop-
erty of the residents or the particu-
lar building, property or premises
upon which displayed. No other ad-
vertising signs, structures or devices
of any character shall be permitted.
6. The renting of rooms and/or the
providing of table board for not to
exceed two (2) paying guests.
7. Guest Houses, Separate Servants
Quarters, Separate Utility Buildings
and Recreation Buildings, provided
they are on the same lot with the main
building and further provided that
an agreement of form to be prescrib-
ed by the Planning Commission and
limiting the use of said guest house,
servants quarters, utility buildings
or recreation building be signed and
sworn to by the owner of the prop-
erty and delivered to the building
department before a building permit
may be issued, and further provid-
ed that the agreement be delivered by
the building department to the City
Clerk who shall record same in the
office of the Recorder of San Diego
County, California.
(B) Building Height Limit:
Two (2) stories or not to exceed
thirty (30) feet.
(C) Building Site Area Required:
1. The minimum building -site area
for each single-family dwelling shall
be five thousand (5,000) square feet,
and the minimum lot width shall be
fifty (50) feet.
2. There may be more than one
single-family dwelling on any lot
having ten thousand (10,000) square
feet or over, provided there is not
750
less than five thousand (5,000) square
feet of lot area for each single-family
dwelling on such lot.
(D) .Automobile Storage Space Re-
quired:
There shall be at least one (1)
private garage or automobile stor-
age space, on the same lot with the
main building, for each dwelling or
apartment on such lot, but the num-
ber of cars for which automobile
parking may be provided shall be
limited to three (3) automobiles for
each dwelling on the same lot.
(E) Spacing Requirements:
1. If two or more dwellings are
placed upon the same lot, they shall
be at least eight (8) feet apart if
placed side by side. And at least
fifteen (15) feet apart if located so
that the front of one dwelling faces
the rear or side of another, and fif-
teen (15) feet apart if located in
any other manner than described in
this paragraph.
2. Accessory buildings shall be at
least four (4) feet from main build-
ings and from each other.
(F) Yards as follows shall be pro-
vided and maintained:
1. Front Yard:
There shall be a front yard of not
less than twenty (20) feet.
2. Side Yards:
There shall be side yards the width
of each of which shall be not less
than four (4) feet provided however
that the side yard on the exterior
or street side of corner lots shall be
not less than ten (10) feet in width.
3. Rear Yards:
There shall be a rear yard of not
less than twenty-five (25) feet.
SECTION 8 R-1-S, SPECIAL SIN-
GLE-FAM LY RESIDENCE DIS-
TRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Section
18.
(A) Uses Permitted:
1. Single-family dwellings of a per-
manent character each placed in a
permanent location.
2. Flower and vegetable gardens
and orchards, not for commercial
sales.
3. Nurseries and greenhouses used
only for purpose of propagation and
culture, and not for commercial sales.
4. Accessory buildings but the ag-
gregate area of all accessory build-
ings, guest houses, separate servants
quarters, separate utility buildings,
and recreation buildings shall not
exceed 40% of the rear yarn'. area.
5. Not more than one (1) sign, un-
lighted and not exceeding six (6)
square feet in area, bearing official
notices only or advertising only the
sale, lease or hire of only the per-
sonal property of the residents or the
partk gar building, property or
premises upon which displayed. No
other advertising signs, structures or
devices of any character shall be per-
mitted in any R-1-S, Special Single -
Family Residence District.
6. Guest Houses, Separate Servants
Quarters, Separate Utility Buildings
and Recreation Buildings, provided
they are on the same lot with the
main building and further provided
that an agreement of form to be pre-
scribed by the Planning Commission
and limiting the use of said guest
house, servants quarters, utility build-
ing or recreation building be signed
and sworn to by the owner of the
property and delivered to the build-
ing department before a building per-
mit may be issued, and further pro-
vided that the agreement be delivered
by the building department to the
City Clerk who shall record same in
the office of the Recorder of San
Diego County, California.
(B) Building Height Limit
Two and one-half (2?%) stories, but
no building height shall exceed thirty-
five (35) feet.
(C) Building Site and Area Re-
quired :
1. There shall be not less than
ten thousand (10,000) square feet of
lot area for each single-family dwel-
ling, and the minimum lot width shall
be sixty (60) feet.
2. There may be two or more
single-family dwellings on lots having
twenty thousand (20,000) square feet
or more, provided there is at least
ten thousand (10,000) square feet of
lot area for each such dwelling.
(D) Automobile Storage Space Re-
quired:
There shall be at least one (1) pri-
vate garage or automobile storage
space, on the same lot with the
main building, for each dwelling on
such lot, but the number of cars for
which automobile parking may be
provided shall be limited to three (3)
automobiles for each dwelling on the
same lot.
(E) Spacing Requirements:
If two or more dwellings are to be
established upon the same lot they
shall be at least fifteen (15) feet
apart if placed side by side and at
least twenty (20) feet apart if located
so that the front of one dwelling
faces the rear or side of another, and
fifteen (15) feet apart if located in
any other manner than described in
this paragraph.
(F) Yards as follows shall be pro-
vided and maintained:
1. Front Yard:
There shall be a front yard not less
than twenty-five (25) feet.
2. Side Yards:
There shall be side yards the width
of each of which shall be not less
than four (4) feet provided however
that the side yard on the exterior or
street side of corner lots shall be not
less than ten (10) feet in width.
3. Rear Yard :
There shall be a rear yard of not
less than twenty-five (25) feet.
SECTION 9 R-2, TWO-FAMILY
RESIDENCE DISTRICT
The following regulations for this
district shall be subject to the excep-
tions and modifications of Section 18.
(A) Uses Permitted:
1. All uses permitted in the R-1
District.
2. Two-family dwellings, provided
there is at least four thousand (4,000)
square feet of lot area for each such
two-family dwelling.
3. Two or more separate single-
family dwellings provided there is at
least twenty-five hundred (2500)
square feet of lot area for each such
dwelling.
4. One building designed, arranged
or intended to house more than two
families provided there is at least
two thousand (2,000) square feet of
lot area for each apartment in such
building.
5. Accessory buildings, but such
buildings shall not occupy over fifty
per cent (50%a) of the rear yard area.
G. Not more than one (1) sign, un-
lighted and not exceeding six (6)
square feet in area.
7. Churches of a permanent nature.
(B) Building Height Limit:
Two (2) stories or not to exceed
thirty (30) feet.
(C) Building Site Area Required:
The minimum building -site area shall
be five thousand (5,000) square feet,
and the minimum lot width shall be
fifty (50) feet.
(D) Automobile Storage Space Re-
quired:
There shall be at least one (1) pri-
vate garage or automobile storage
space, on the same lot with the
main building, for each dwelling or
apartment on such lot, but the num-
ber of cars for which automobile
parking may be provided shall be
limited to two (2) times the number
of dwellings and/or apartments on the
same lot, provided that when there is
one and only one single-family dwell-
ing on a lot there may be automobile
parking for not to exceed three (3)
cars.
(E) Spacing Requirements:
Dwellings or other main buildings
on the same lot shall be at least
eight (8) feet apart if side by side,
and fifteen (15) feet apart if the
front of one faces the rear or side
of another, and no detached acces-
sory building shall be closer than
four (4) feet to any other building.
(F) Yards as follows shall be pro-
vided and maintained:
1. Front Yard Required:
There shall be a front yard of at
least fifteen (15) feet.
2. Side Yards Required:
There shall be side yards the
width of each of which shall be not
Less than four (4) feet provided how-
ever that the side yard on the exter-
ior or street side of corner lots shall
be not less than five (5) feet in
width.
3. Rear Yard Required:
There shall be a rear yard of at
least ten (10) feet.
SECTION 10 R-4, MULTIPLE -
FAMILY RESIDENCE DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Section
18.
(A) Uses Permitted:
1. All uses permitted in the R-1
and R-2 Districts.
2. Bungalow courts, dwelling groups,
and multiple -family dwellings, pro-
vided there Is at least 1,000 square
feet of lot area for each apartment
established and maintained on the
lot.
3. Churches of a permanent nature.
4. Public Schools.
5. Fire and Police Stations
6. Accessory buildings, but such
buildings shall not occupy' over sixty-
seven per cent (67%) of the rear yard
area.
7. There may be not more than two
(2) signs. The aggregate area of
sign space shall be not more than
sixteen (16) square feet.
(B) Building Height Limit:
Three (3) stories, but not over
forty-five (45) feet.
(C) Building Site Area Required:
The minimum building site area
shall be five thousand (5,000) square
feet, and the minimum lot width
shall be fifty (50) feet.
(D) Automobile Storage Space Re-
quired:
There shall be at least one (1) pri-
vate garage or automobile storage
space, on the same lot with the main
building, for each dwelling or apart-
ment on such lot, but the number..
of cars for which automobile park-
ing may be provided shall not exceed
the number of dwellings and/or apart-
ments on the same lot by more than
fifty (50) per cent, provided that
when there is one and only one
single family dwelling on a lot au-
tomobile parking for not to exceed
three (3) cars may be provided on
the same lot.
(E) Spacing Requirements:
One or two-story dwellings or oth-
er one or two-story main buildings
on the same lot shall be at least
eight (8) feet apart if side by side,
and fifteen (15) feet apart if the
front of one faces the rear or side
of another, and no detached acces-
sory building shall be closer than
four (4) feet to any other building.
If any Main building is over two -
stories in height the distance between
such three-story building and any
other main building shall be not
less than fifteen, (15) feet.
(F) Yards as follows shall be pro-
vided and maintained:
1. Front yard Required:
There shall be a front yard of ten
(10) feet.
2. Side Yards Required:
Each side yard shall have a min-
imum width of four (4) feet, but
each side yard shall be increased by
one (1) foot if building exceeds two
(2) stories in height.
3. Rear Yard Required:
There shall be a rear yard of at
least four (4) feet, but each rear
yard shall be increased by one (1)
foot if building exceeds (2) stories
in height.
4. Utility Yard Required:
There shall be on the same lot
with the main building a utility yard
of at least 500 square feet, not less
than 10 feet in width provided for
each two apartments. The utility
yard shall not be in the front yard.
SECTION 11 C-2, LIMITED BUSI-
NESS DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Sec-
tion 18.
(A) Uses Permitted:
1. All uses permitted in the R-1,
R-1-S, R-2 and R-4 Districts.
2. Offices of persons engaged in
businesses, professions or trades.
3. The following retail businesses,
offices and commercial enterprises:
Ambulance Service
Antique Dealers
Apartment Hotels
Automobile Parkings
Automobile service stations, but not
general automobile or vehicle re-
pairing, body and fender work, nor
auto -painting.
Awning shops
Bakeries, retail
Banks
Beauty shops
Barber shops
Business Colleges
Clothes pressing, but not dry clean-
ing plants
Delicatessens
Dressmaking
Dry Cleaning Agencies
Dry Goods stores
Drug stores
Electrical distributing station for
servicing local needs but not a utllity
or storage yard.
Eleemosynary Institutions
Food Stores Retail
Florist Shops
Fraternities
Frozen Food Lockers
Grocery Stores
Hospitals
750
Laundry Agencies
Libraries
Lodges
Millinery Shops
Meat Markets
Miniature Golf Course
Mortuaries
Museums
Music Studios, but not voice culture
etudios
Novelty Stores
Nursery and Green Houses
Offices for businesses or profes-
sions
Office Supplies and Equipment Re-
pair
Parking lots and storage garages
Pet Supplies
Public Utility Offices, but not util-
ity or storage yards.
Photograph studios, but not mo-
tion picture studios.
Restaurants, provided that food
and/or beverages are served only
within buildings, and provided that
no dancing or sale or consumption of
alcoholic beverages be permitted.
Rest Homes
Sanitariums
Self Service Laundries
Shoe repair shops and shoe shining
Sororities
Tailor Shops
Theatres
Telephone exchanges, but not utility
or storage yards.
Upholstering. Shops
4. There may be the usual acces-
sories in connection with such per-
missible buildings, premises, struc-
tures or uses.
5. In any portion of the C-2 Dis-
trict there may be not more than
two (2) signs per lot and the aggre-
gate area of such signs shall be not
more than twenty (20) square feet,
and such signs shall not be placed
nearer any street than the required
front yard for the district.
(B) Building Height Limit:
Two (2) stories and not to exceed
thirty-five (35) feet.
(C) Building Site and Area Re-
quired:
None for business and commercial
uses, provided however, that where
living quarters are established above
a business use, then there shall be
at least six hundred (600) square feet
of lot area for each such apartment.
(D) Yards Required:
None, except as provided in Sub-
section (E) provided however, that
living quarters established above any
business or commercial enterprise
may be required to have only such
yard area as are required for the
commercial building on the ground
floor, unless greater yard areas or
open spaces are required by other or-
dinances or statutes.
(E) Whenever any portion of a C-2
District adjoins any residential dis-
trict the yards for all lots in sucn
portion shall be determined as fol-
lows:
1. Front yard and exterior side
yard:
The front yard depth and the side
yard on the street side of Corner lots
shall be not less than that required
in said adjoining residential district.
2. The side yard adjacent to the
line between the C-2 District and the
residential district shall be not less
than that required in said adjoining
residential district.
3. The rear yard adjacent to the.
line between the C-2 district and the
residential district shall be not less
than four (4) feet.
SECTION 12 C-3, GENERAL BUSI-
NESS DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Section
18.
(A) Uses Permitted:
1. All uses permitted in the R-1,
R-1-S, R-2, R-4 and C-2 Districts.
2. The following businesses and
commercial enterprises:
Appliance Stores
Appliance Repair Shops
Automobile Courts
Automobile Painting
Automobile Sales Agencies Automobile Repairing, general
Bill boards
Bowling .Alleys
Carpenter shops and cabinet shops,
but not planing mills or sash and
door factories
Dance halls and Dancing academies
Feed and fuel retail stores, provided
all merchandise therefor shall be lo-
cated only on the same lot with suoh
store.
Fix -it Service
Garages, Commercial
Hardware Stores
Hotels
Job Printing
Liquor Stores
Newspaper Plant and Publishing
Outdoor Advertising
Paint, paper hanging and decorat-
ing stores
Pawnbrokers
Pest Control Service Co.
Piano Tuning and Repairing
Plumbing Shops
Pool Halls
Public Athletic Fields _
Restaurants, general
Storage Garages
Tin Smith Shops
Tire Shops
Used Car Lots
4. There may be the usual acces-
sories in connection with such per-
missible buildings, structures and
uses.
(B) Building Height Limit:
Three (3) stories and not to exceed
forty-five (45) feet.
(C) Building Site and Area Re-
quired:
None for business and commercial
uses, provided however, that where
apartments are established above any
business or commercial use, then
these shall be at least six hundred
(600) square feet of lot area for each
such apartment on the lot. This re-
quirement, however, shall not apply
to hotel rooms.
(D) Yards Required:
None.
SECTION 13 C-3-A GENERAL
BUSINESS DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Sec-
tion 18.
(A) Uses Permitted :
1. All uses permitted in the R-1,
R-1-S, R-2, R-4, C-2 and C-3 Dis-
tricts.
2. There may be the usual acces-
sories in connection with such per-
missible buildings, structures and
uses.
(B) Building Height Limit:
Three (3) stories and not to ex-
ceed forty-five (45) feet.
(C) Building Site and Area Re-
quired:
None for business and commer-
cial uses, provided however, that
where apartments are established
above any business or commercial
use, then there shall be at least six
hundred (600) square feet of lot area
for each such apartment on the lot.
This requirement, however, shall not
apply to hotel rooms.
(D) Yards Required:
Ten (10) foot set back from High-
land Avenue.
SECTION 14 C-3-B, GENERAL
BUSINESS DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Sec-
tion 18.
(A) Uses Permitted:
1. All uses permitted in the R-1,
R-1-S, R-2, R-4, C-2 and C-3 Dis-
tricts.
2. There may be the usual acces-
sories in connection with such per-
missible buildings, structures and
USeS.
(B) Building Height Limit:
Three (3) stories and not to exceed
forty-five (45) feet.
(C) Building Site and Area Re-
quired:
None for business and commercial
uses, provided however, that where
apartments are established above any
business or commercial use, then
there shall be at least six hundred
(600) square feet of lot area for each
such apartment on the lot. This require-
ment, however, shall not apply to
hotel rooms.
(D) Yards Required:
Five (5) foot set back from High-
land Avenue.
SECTION 15 C-4, WHOLESALE
BUSINESS DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Section
18.
(A) Uses Permitted:
1. All uses permitted in the R-1,
R-1-S, R-2, R-4, C-2 and C-3 Dis-
tricts.
2. The following business and com-
mercial enterprises:
Automobile laundries and steam
cleaning
Bottling plants for bottling and
wholesale distribution of water and
of non-alcoholic carbonated bever-
ages where the mixing of only prev-
iously prepared extracts and flavors
is involved.
Bakeries, wholesale
Cleaning and dyeing plants, includ-
ing carpet cleaning within a building
Carnivals
Glass grinding, Plate glass sales
and service
Hatcheries
Household goods storage
Implement sales yard
Laboratories, agricultural
Laundries
Lumber Yards
Pottery and Ceramic products sales
yard
Stone, Brick and Concrete prod-
ucts sales yard, but not manufac-
ture of such products.
Skating, Roller and Ice.
Trailer sales yard
Trailer camps, provided a permit
therefor is issued by the City Coun-
cil and the plans for said trailer
camp are approved by said City
Council
Wholesale businesses provided no
packaging is done and all articles
stored or offered for sale are kept
within buildings
3. There may be the usual ac-
cessories in connection with such
permissible buildings, structures, and
uses.
(B) Building Height:
Three (3) stories and not to exceed
forty-five (45) feet.
(C) Building Site and Area Re-
quired:
None for business and commercial
uses, provided however, that where
apartments are established above any
business or commercial use, then
there shall be at least six hundred
(600) square feet of lot area for each
apartment on the lot. This require-
ment, however, shall not apply to
hotel rooms.
(D) Yards Required:
None.
SECTION 16 M-2, LIGHT MANU-
FACTURING DISTRICT
The following regulations for this
district shall be subject to the ex-
ceptions and modifications of Sec-
tion 18.
(A) Uses Permitted:
1. All uses permitted in the R-1-A,
R-1, R-1-S, R-2, R-4, C-2, C-3 and
C-4 Districts.
The following light manufacturing
or light industrial uses:
Automobile body and fender repair-
ing
Blacksmithing
Building materials storage yard
Ceramics manufacturing, using only
previously pulverized clay
Contractors' storage and equipment
yards.
Cordage works
Electronic Equipment —Research
Farm implement manufacturing,
servicing and repairing.
Ice and Cold storage plants
Machine shops, excluding drop
hammers, automatic screw machines,
and presses of over 20 tons rated
capacity
Monumental stone works
Paint mixing, provided no cooking
or boiling is done
Packing plants for whole citrus
fruit, nuts and fresh vegetables, but
sot canneries nor food processing
plants
Plastics fabricating, but not manu-
facture of plastics
Planing mills
Prefabricated structures
Public utility service and storage
yard
Pump warehouses, repair shops and
storage yards
Public scales, provided a permit
from the City Council is secured
showing that the location is satis-
factory from a traffic standpoint
Sheet metal shops
Storage, general, in buildings
Storage of petroleum products and
fuel gas, but not butane or propane
Truck terminals
Tool and die plants
Warehouses
Welding works
Wire and cable factories
Wood sawing
Manufacture or compounding of
articles from the following previously
prepared materials: bone, cellophane,
canvas, cloth, cork, feathers, felt,
fibre, fur, glass, hair, horn, leather,
paper, plastics, precious or semi-pre-
cious metals or stones, shell, tex-
tiles, tobacco, wood and yarns
Manufacture of toys, novelties, and
rubber and metal stamps
Manufacture, compounding, treat-
ment or processing of cosmetics,
drugs, perfumes, pharmaceuticals,
toiletries
Assembly of electrical appliances,
electronic instruments and devices,
radios and phonographs, including
the manufacture of small parts only,
750
such as coils, condensers, transform-
ers, etc., for such appliances
(B) Building Height Limit:
Three stories, but not over forty-
five (45) feet.
(C) Building Site Area Required:
None.
(D) Yards Required:
None.
SECTION 17 M-3, LNDUSTRIAL
DISTRICT
The following regulations for this
district shall be subject to the excep-
tions and modifications of Section 18.
(A) Uses Permitted:
1. All uses permitted in all other
districts.
2. General manufacturing and in-
dustrial uses and buildings and
structures designed and intended for
such uses, except as otherwise pro-
vided in this Section, but including:
Automobile assembly plants
Canneries, Fruit and vegetable only
Carpet cleaning, outdoor
Foundries
Riding academies and stables
Incinerators, public or private
Vegetable and fruit processing
plants
Wrecking yards, salvage enterprises
and junk yards, provided such uses,
unless entirely within buildings, are
at least three hundred (300) feet from
any public school, park, playground,
the street known as Bay Avenue,
and the boundary line of the M-3 Dis-
trict and are entirely within an en-
closure formed by a solid wall or
structure not less than eight (8) feet
in height, and provided further that
none of the material within such en-
closure is placed so that such ma-
terial or any portion thereof is above
a straight line extending from any
point on the top of said eight (8)
foot wall or structure to any other
point on the top thereof.
3. Other like enterprises not de-
scribed in paragraph 4 of this sub-
section and not otherwise prohibited
by law, which in the opinion of the
Commission, as evidenced by resolu-
tion of the Commission are similar in
character to and not more detriment-
al to the district than the uses list-
ed above in paragraph 2 of sub -sec-
tion (A) of this Section.
4. The following uses, and uses
which in the opinion of the Commis-
sion are considered similar to the
following uses shall be permitted only
by conditional exception and only in
such location in the district and un-
der such conditions and method of
operation as in the opinion of the
City Council will protect the public
health, safety and general welfare,
and in such case, the City Council
may upon recommendation from the
Commission, issue a conditional excep-
tion for any of the following uses:
Abattoirs
Asphalt -mixing, refining, and stor-
age plants
Blast furnaces
Boiler works
Butane storage
Coke ovens
Commercial kennels
Cooperage works
Dairies
Dehydration plants
Distillation of coal, wood or bones
Distillation of liquor or spirits
Dog pounds
Fat rendering
Fertilizer works
Fish curing and grinding
Fish canneries and/or reduction
plants
Fur and hide curing and tanning
Hog farms, hog raising and fat-
tening
Danufacturing of:
Acetylene gas
Acids
Aluminum
Ammonia
Ammunition
Aniline dye
Asbestos products
Asphalt
Bleaching powder
Caouthchouc products
Carborundum products
Casein products
Celluloid
Cement
Chalk
Charcoal
Chemicals
Cottonseed oil
Disinfectants
Explosives
Felt
Fertilizer
Fireworks
Glue
Graphite
Grease and tallow
Gunpowder
Gutta percha
Gypsum
Kaisomine
Lampblack
Linseed oil
Malt products
Matches
Oilcloth
Oleomargarine
Oxygen gas
Paint and lacquer
Pickles
Plaster of Paris
Potash
Printing ink
Pumice
Rubber
Sauerkraut
Shellac and varnish
Shoddy
Size and glue
Snuff
Soap manufacture
Soda and Washing powder
Soda ash
Stove polish
Tar
Tar paper
Tar products
Tires
Turpentine
Vinegar
Waste -paper products
Welding
White lead
Yeast
Zinc products
Oil drilling
Oil refining
Rock crushing
Rolling mills
Smelters
Stock yards
Storage of petroleum products which
are in gaseous state at normal at-
mospheric temperature and pressure,
but become liquified under suitable
pressure, such as butane, and pro-
pane.
Wool scouring and pulling
(B) Building Height Limit:
None.
(C) Building Site Area Required:
None.
(D) Yards Required:
None.
SECTION 13 GENERAL PRO-
VISIONS
Except as otherwise provided no
building shall be erected, reconstruct-
ed or structurally altered, nor shall
any building or land be used, in any
manner other than set forth for the
district in which such building or
land is located. And, except as pro-
vided in the specific regulations for
the various districts, the provisions
of this section and/or section 10, or
by conditional exception, no place of
business shall be established in any
district other than C-2, C-3, C-3-A,
C-3-B, C-4, M-2 or M-3.
The foregoing regulations for the
respective districts shall be subject
to the following exceptions and mod-
ifications;
(A) Uses:
1. No provision in this ordinance
shall be deemed to prohibit within
any district the following uses:
(a) Publicly owned parks, golf
courses, and playgrounds and rec-
reation, refreshment, service and
storage buildings appurtenant to such
recreational areas and used in con-
nection therewith.
(b) The keeping, on lots having an
area of twenty thousand (20,000)
square feet or over, of not more than
one cow or one goat, and of not
more than one horse for each twenty
thousand (20,000) square feet of any
such lot, but no horse, cow, or goat
shall be kept on any lot having an
area of less than twenty thousand.
(20,000) square feet, and no horse,
cow or goat shall be kept within 100
feet of any dwelling.
(c) The keeping, under the direction
of any one family, of not more than
25 hens or rabbits, within a building
or fenced enclosure, and provided that
such building or fenced enclosure
shall be in the rear yard of the dwell-
ing of such family and shall be not
less than twenty-five (25) feet from
any dwelling.
2. There may be real-estate offices
of a temporary character, in the R-1,
P.-1-A, R-1-S, R-2 and R-4 Districts,
when built according to plans and
in locations approved by the Plan-
ning Commission, and which are for
the purposes of disposing of any
property in the sub -division in which
located and provided such offices
shall not be maintained for more
than one (1) year.
3. The following provision shall be
applicable to the establishment of
automobile parking, its relative loca-
tion, and time of construction:
(a) It shall be unlawful to erect,
construct, or place on any lot in the
R-1, R-1-S, R-1-A, R-2 or R-4 Dis-
trict, private garages or other acces-
sory buildings without a permissible
main building.
(b) Private garages and/or auto-
mobile storage space required by this
Ordinance shall be built concurrently
with the main buildings of which
such garage or automobile storage
spaces are accessory and shall be
maintained as private garages and/or
automobile storage space for such
main buildings.
(c) Every main building, private
garage building or accessory building
or other building in any residential
district shall be so equipped that the
doors when open, or being opened
will not project beyond any lot line
of the lot on which such building is
located, and when said doors open
onto an alley, the wall or portion
thereof containing said doors or door-
way shall be at least 6 feet from the
line forming the common boundary be-
tween said lot and the alley.
(d) In connection with dwellings,
duplexes, multiple -family dwellings
or apartments located, or to be lo-
cated, in the C-2, C-3, C-3-A, C-3-B,
C-4, M-2, or M-3 District, there shall
be provided at least one (1) per-
manently maintained private garage
or automobile storage space on the
same lot with the main building for
each dwelling or apartment in the
case of a new building or for each
apartment added to an existing build-
ing, provided however, that such
required automobile parking in con-
nection with any multiple -family
dwelling having more than four (4)
apartments may be located on the
same lot with the main building or
not more than one thousand (1000)
feet therefrom.
(e) In connection with new build-
ings or structures other than one -
family, two-family, or multiple -fam-
ily dwellings, and in connection with
enlargement or increase in seating
capacity, floor area or guest rooms of
existing buildings or structures other
than one -family, two-family, or mul-
tiple -family dwellings, automobile
parking shall be provided as follows:
(1) For churches, auditoriums of
educational Institutions, theatres, gen-
eral auditoriums, stadiums, and sim-
ilar places of assembly, at least one
(1) automobile storage space for ev-
ery ten (10) seats provided in such
building or structure.
(2) For hospitals, rest homes, and
welfare institutions, at least one (1)
automobile storage space for every
one thousand (1000) square feet of
floor area in such buildings or struc-
ture.
(3) For hotels, apartment hotels,
and clubs, at least one (1) automobile
storage space for each of the first
twenty (20) guest rooms or apart-
ments; one (1) additional automobile
storage space for every four (4)
guest rooms or apartments in excess
of twenty (20) but not exceeding
forty (40); and one (1) additional au-
tomobile storage space for every six
(6) guest rooms or apartments in
excess of forty (40) guest rooms or
apartments established in any such
building.
(4) For automobile camps and au-
tomobile courts, at least one (1) au-
tomobile storage space for each dwell-
ing or apartment.
(5) For other business or com-
mercial buildings or structures hav-
ing a floor area of five thousand
(5000) square feet or more, at least
one (1) automobile parking space for
every one thousand (1000) square feet
of gross floor area in said buildings
or structures, excluding automobile
parking space.
(6) Automobile storage space re-
quired by this Subsection (e) shall be
on the same lot as the main build-
ing or structure or not more than
one thousand (1000) feet therefrom.
Temporary automobile parking re-
quired by this section may be in
R-4 district provided that no auto-
mobile parking space may be main-
tained as a separate commercial en-
terprise in any district other than
C-3, C-2, C-3-A, C-3-B, M-2 and M-3.
(f) Every lot or parcel of land
hereafter used as a parking lot or
used for an automobile, tractor, im-
plement, or trailer sales lot in the
C-2, C-3, C-3-A, C-3-B, or C-4 Dis-
trict shall be developed as follows,
subject to approval of the plans by
the City Planning Commission:
(1) Such area shall be oiled or
paved and shall have appropriate
bumper guards where needed.
(2) Where such automobile parking
750
lot, automobile, trailer, or implement
sales lot adjoins the side of any lot
in any 'District other than the C-2,
C-3, C-3-A, C-3-B, C-4, M-2 or M-3
Districts, a three foot or higher, wall
or fence shall be provided and main-
tained.
(3) Any lights used to illuminate
said automobile parking lots shall be
so arranged as to reflect light away
from adjoining lots in a residential
district.
(g) On the same premises with ev-
ery building, structure or part there -
or, erected and occupied for manu-
facturing, storage, warehouse, goods
display, department store, wholesale
store, market, hotel, hospital, mortu-
ary, laundry, dry cleaning or other
uses similarly involving the receipt or
distribution by vehicles of materials
or merchandise, there shall be pro-
vided and maintained on the lot, ade-
quate space for standing, loading
and unloading services in order to
avoid undue interference with public
use of the streets or alleys. Such
space, unless otherwise adequately
provided for, shall include a 10
foot by 25 foot loading space with
14 foot height clearance for every
20,000 square feet or fraction thereof
in excess of 3,000 square feet of
building -floor -use for above mention-
ed purposes, or for every 20,000
square feet or fraction thereof In ex-
cess of 3,000 square feet of land -use
for above mentioned purposes.
4. In connection with any use al-
lowed by conditional permit, automo-
bile parking may be provided as an
accessory use.
5. In connection with uses allowed
by conditional permit, the City Coun-
cil may require either automobile
storage space or garage buildings in
such capacity as it deems appropriate
to the use involved.
6. Excepting automobiles, trailers,
growing plants or nursery stock, lum-
ber and Christmas trees, all goods,
wares, merchandise, produce, and
other commodities which are stored
or offered for sale or exchange in
the C-2, C-3, C-3-A and C-3-B Dis-
tricts shall be housed in buildings
unless being transported, and such
goods, wares, merchandise, produce
and other commodities displayed in
an entry way or recessed entrance
of a building shall be considered as
being housed in such building.
7. If prior to the effective date of
this ordinance, a dwelling in either
the R-1 or the R-2 District was lo-
cated so that the major portion of
such building was in the rear area
of the lot as determined by a line
drawn from the mid -point of one side
of the lot to the mid -point of the
other, then one, but not more than
one additional dwelling may be built
or established on the front part of
said lot, but said additional dwelling
and its location and use and the use
of such lot shall be made to con-
form with this ordinance in every
other respect.
8. Fences, walls, and hedges may
be located in yard areas, provided
they do not exceed six (6) feet in
height and provided further that if
located in any front yard, or the ex-
terior side yard of any corner lot
they shall not exceed four (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 depth for the district in which
located, shall be higher than three
(3) feet above the official property
line grade. Fences, walls and hedges
over four (4) feet in height shall
not be permitted in the rear yard
area of a corner lot except in loca-
tions permissible for accessory build-
ings in such rear yards. Regardless
of any other provision hereof limiting
height or locations 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.
9. Buildings and uses permissible in
the R-1, R-1-S, R-2 and R-4 Districts
are also permissible in less restrictive
districts provided they are construct-
ed or established and located in ac-
cordance with all of the provisions
of the R-4 District, but this provis-
ion shall not apply to any such use
which is not located on the ground
floor or first story, and which is
above a commercial building designed,
arranged and intended for commercial
uses.
(B) Height:
1. Towers, spires, penthouses, scen-
ery lofts, cupolas, water tanks, silos,
artificial windbreaks, windmills, and
similar structures and necessary me-
chanical appurtenances may be built
and used to a greater height than the
limit established for the district in
which such structures are located;
provided however, that no structure
in excess of the allowable building
height shall be used for sleeping or
eating quarters or for any commercial
purposes other than such as may
be incidental to the permitted uses
of the main building.
(C) Area and Spacing and Yards:
1. Any lot shown upon an official
subdivision map duly approved and
recorded or any lot for which a deed
is of record in the office of the
County Recorder of San Diego Coun-
ty, or any lot for which a valid
contract of sale is in full force and
effect at the time this ordinance be-
comes effective, may be used as a
building site, provided that two or
more adjoining lots or parts of lots
owned at the time this ordinance be-
comes effective by one person or by
two or more persons each holding an
undivided part interest, shall not be
used as more than one building site
unless the building site and area re-
quirements for the district in which
said property is located are fulfilled.
2. In a corner Tot in any residential
or C-2 district, no accessory or main
building and/or structure, or part
t',ereof shall be established or locat-
ed close: to the exterior side lot line
than the width of the exterior side
yard for such lot, and if the rear lot
line of said corner lot abuts the side
line of an adjoining lot, then no
such accessory or main building, and/
or structure, or part thereof, shall be
closer to said exterior side lot line of
said corner lot than the front yard
depth of said adjoining or key lot, or
the required front yard for the dis-
trict, whichever is the lesser.
3. On a corner lot the rear line
of which abuts the side line of an
adjoining lot, no accessory, or main
building or portion thereof shall be
located within four (4) feet of com-
mon lot line of such lots.
4. No separate accessory building
except garages on any lot in any resi-
dential district shall be located closer
to the front lot line of such lot than
a distance of fifty (30) feet, provided
that this regulation shall not prohibit
the location of accessory buildings in
otherwise permissible areas in the
rear one-half of any such lot.
5. Yard provisions shall not ex-
clude walks, driveways, eaves, rail-
ings, or fences, except that fences
over four (4) feet in height are pro-
hibited in any front yard, or the
exterior side yard of a corner lot. A
landing, platform, or terrace, uncov-
ered and unenclosed, may extend into
the front yard a distance not exceed-
ing six (6) feet, across not more than
one-half (Vs) the width of the lot,
provided such landing, platform or
terrace shall have its upper surface
no higher than the ground floor of
the building which it serves. Outside
stairways, uncovered and unenclosed
above or below floor of steps may
extend into the rear yard a distance
of four (4) feet.
6. Front yards established by this
ordinance shall be varied as follows
in obtaining the minimum depth
thereof:
(a) The depth of the front yard on
any lot between two adjoining lots,
on each of which a front yard is
established by buildings, shall be not
less and need not be more than the
average depth established by said ex-
isting front yards.
(b) The depth of a front yard on
any lot between two adjoining lets
on only one of which a front yard
is established by a building, shall
not be less than the average of the
front yard depth required in the
zone in which the lot is located and
said existing front yard depth.
(c) The depth of a front yard on
a corner lot the front lot line of
which abuts the same street as the
front lot lines of interior lots in the
same block shall not be less than the
average of the depth of front yard
specified for the zone in which such
corner lot is located and the depth
of the existing front yard, if any,
on such adjoining interior lot. If the
lot adjoining said corner lot is vacant
then the front yard depth for said
corner lot shall be the depth stipula-
ted for front yards in the district in
which such corner lot is located.
(d) The depth of a front yard on
a key lot, shall be not less and need
not be more than the average of the
front yard of the adjoining interior
lot and the side yard of said corner
lot, provided however, that in no
case shall the front yard of such key
lot be required to have a depth great-
er than the regular front yard depth
required for the district in whch said
key lot is located.
(e) No provision in this ordinance
shall be construed so as to require
that the depth of any front yard
shall exceed thirty (30) feet, except
as provided in subsection (f) below,
and no front yard with a depth
greater than thirty-five (35) feet
shall be used in determining the depth
of any other front yard. In deter-
mining the average depth of a front
yard on any lot no building over
forty (40) feet from the side line of
such lot need be considered. No
yard created by a building designed,
constructed or established as a non-
conforming building shall be used in
determining any front yard.
(f) Where a one-half or fractional
street or alley exists along the
boundary line of any parcel of land
from which no land has been taken
or deeded for said street or alley, it
shall be required that any building
to be erected on said parcel of land
shall not be located nearer to said
fractional street or alley than the
width of said existing fractional street
or alley plus the regular front yard
depth of the district in which situated.
(g) Where the average grade or
slope of the front half of a lot meas-
uring in the general directon of the
side lot lines, is equal to or more
than one foot raise or fall in each
four (4) feet of distance, the follow-
ing exceptions to yard and height pro-
visions may be made:
(1) When said slope is on the
down -hill side of a hill side street
an additional story may be built pro-
vided the ceiling of the lowest story
1s not over two (2) feet above aver-
age curb elevation across the front of
such lot.
(2) A one-story, private garage,
not over ten (10) feet in height, may
be established in the front yard of
such lot, provided such building, 1
does not occupy over fifty percent
(50%) of the street frontage of such
yard, 2—is at least five (5) feet from
the front lot line at every point, 3—
does not extend more than three (3)
feet above adjacent natural ground
elevation at any point, and 4—provid-
ed further that if the slope is such
that only the garage wall nearest the
side lot line cannot be made to com-
ply with these provisions, then a
side yard equal to that prescribed for
the main building on such lot shall
be required.
7. In any residential district where
the rear lot line of a lot abuts and
is common to the boundary of a
street, alley or public park, the depth
of the rear yard for such lot may be
reduced by five (5) feet.
8. No part of a yard provided for
any building or structure on any lot
for the purpose of complying with
the provisions of this ordinance, shall
be included or considered as a part
of a yard required by this ordinance
for any other building or structure on
the same lot or adjacent lot.
9. In the R-1, R-1-S, and R-2 Dis-
tricts, the side yards required shall
each be increased by one (1) foot on
any lot on which a building of
more than one story is to be located
or established.
10. Wherever, in any recorded sub-
division, the side line of a corner lot
is common to the side line of an in-
terior lot, causing one end of the
corner lot to abut the same street
line as said interior lot, then, re-
gardless of which street a building
on the corner lot faces, the front
yard required for such corner lot
shall be measured from the same
street line as that used in measuring
the front yard of said adjoining
interior lot.
SECTION 19 NON -CONFORMING
BUILDINGS AND USES
(A) The lawful use of land existing
at the time of the passage of this
ordinance, although such use does riot
conform to the provisions hereof, may
be continued, but if such non -con-
forming use is discontinued, any fu-
ture use of said land shall be in
conformity with the provisions of
this ordinance. Such nonconform-
ing use shall not be enlarged or
extended to any other portion of the
lot not actually so occupied at the
time such use became non -conform-
ing as a result of the adoption of this
ordinance.
(B) Non -conforming Buildings:
1. A lawful non -conforming build-
ing existing at the time of passage
750
of this ordinance may continue to be
maintained.
2. A non -conforming use occupying
either a conforming building, or non-
conforming building, structure or por-
tion of either thereof shall not be
extended to any portion of the build-
ing or structure not so occupied at
the time said use became non -con-
forming as a result of the adoption
of this ordinance.
3. No existing building or prem-
ises designed, arranged, intended or
devoted to a use not permitted in
the use district in which such build-
ings or premises are located, shall be
enlarged, extended, reconstructed or
structurally altered unless such use
is changed to a use permitted in the
use district in which such building
is located, except, however, that
work done in any period of twelve
(12) months on ordinary structural
alterations or replacements of walls,
fixtures or plumbing not exceeding
twenty-five (25) per cent of the
building's assessed value according
to the assessment thereof by the
City Assessor of said city for the
fiscal year in which such work is
done, shall be permitted provided
that the cubical contents of the build-
ing as it existed at the time of the
passage of this ordinance be not in-
creased.
4.. Existing buildings which are non-
conforming only because of violation
of the yard or space requirements
hereof may be moved, altered or en-
larged provided said relocating, alter-
ation, or enlargement conforms to
the provisions of this ordinance.
5. No non -conforming building shall
be moved unless so doing will cause
it and its use or proposed use to
become conforming.
6. If at any time any building or
premises upon which such non -con-
forming use has been claimed and/or
exercised shall be damaged by fire,
explosion, Act of God or Act of the
Public Enemy to the extent of more
than seventy-five (75) per cent of
the assessed value according to the
assessment by the City Assessor of
said City for the fiscal year during
which such destruction occurs; then
and without further action by the
City Council, the said premises on
which said 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 district in which it is
located, and shall be subject to all
the restrictions of such classification.
SECTION 20 CONDITIONAL EX-
CEPTIONS
(A) When practical difficulties, un-
necessary hardships, or results in-
consistent with the general purposes
and intent of this ordinance would
occur through strict application of
its provisions, the Commission, upon
its own motion, written request of
the City Council, or receipt of a pe-
tition prepared in accordance with
this Section, may recommend to the
City Council that conditional excep-
tions to the provisions of this ordin-
ance be granted. The City Council
after receipt of a report and the
recommendationof the Commission,
in each case, may, under the con-
ditions and as hereinafter provided,
grant conditional exceptions to the
provisions of this ordinance, provided
that so doing will not defeat, but
rather, carry out its general intent
and purpose, provided for public
safety and welfare and administer
substantial justice.
(B) 1. The commission shall pre-
scribe the form and scope of peti-
tions and accompanying data so as to
assure the fullest practicable presen-
tation of facts, and all petitions shall
be made on such forms. Every peti-
tion for a conditional exception, shall
include a statement by at least one
property owner who has signed such
petition, and whose property is af-
fected thereby, attesting to the truth
and correctness of all statements,
maps, and other data presented with
said petition and such verification
shall be signed and acknowledged
before any officer authorized to ad-
minister oaths. Any petition which
has not been prepared in accordance
with these provisions need not be
accepted or considered and may be
rejected by the City Council or the
Commission.
2. Every petition shall, regardless
of other matter, state fully the
grounds for such conditional excep-
tions and all facts relied upon to
show why this ordinance should not
be strictly interpreted and enforced
relative to the property or particular
use involved. Such petition shall
contain a plot plan showing the size
and location on the lot and the
adjoining lots of all existing build-
ings and/or uses and the size and
location on the lot of all proposed
buildings and/or uses, front elevation
of any proposed building, and shall
contain or be accompanied by any
other information, map, plats, plans,
profiles, sections, specifications or
other pertinent matter the Commis-
sion may require. Such petition shall
also show:
(a) That there are exceptional or
extraordinary circumstances or con-
ditions applicable to the land, build-
ing, or premises involved, or to the
intended use of same, that do not
apply generally to the property or
class of uses in the same district.
(b) That such conditional excep-
tions are necessary for the preser-
vation and enjoyment of substantial
property rights.
(c) That the granting of such con-
ditional exceptions will not be ma-
terially detrimental to the public
health, safety, and welfare or in-
jurious to the conforming land, prop-
erty, or improvements in the neigh-
borhood of the property for which
such conditional exception is sought.
(d) That the applicant is willing
and able to carry out the purposes
for which the conditional exception
is sought, that he will proceed to do
so without unnecessary delay.
3. Before the time such petition
is filed, a fee of $25.00 shall be col-
lected by the City Treasurer for the
use and benefit of the City and shall
be deposited in its general fund. Said
fees a.re not refundable if a hearing
is called on the matter or If any
posting, publishing or mailing of no-
tices or other preparation for a hear-
ing is made before withdrawal of
the petition. The City Council may
prescribe additional fees to cover
costs of posting and advertising and
any other expense involved in con-
sidering conditional exceptions.
4. Petitions shall be filed with the
Planning Commission.
(C) 1. Upon receipt of any approved
or acceptable petition the Commission
shall act to deny said petition, set
the matter for hearing, or take such
other action as may be deemed ap-
propriate, within sixty-five (65)
days of the first regular Commission
meeting subsequent to the filing date
of such petition.
2. Failure Of the Commission to
take action on any matter submitted
in accordance herewith, within ninety-
five (05) days subsequent to the
date of filing or the date of reference
of any matter to the Commission by
the City Council shall be considered
a decision of the Commission recom-
mending that such matter or peti-
tions be denied and thereupon the
City Council may act directly as to
the matter, but under the same pro-
cedure and hearings as prescribed
herein to be followed by the Com-
mission, provided however, that writ-
ten agreements with applicants for
extension of time in which to take
final action may be made.
(D) The Commission may reject
or deny an application, request or
petition without a public hearing,
but in such case, applicant or peti-
tioner may, within fifteen (15) days
after the decision of the Commission,
appeal to the City Council as in
this ordinance provided.
(E) Before a conditional exception
may be granted by the City Council
and before the Commission may rec-
ommend such conditional exception,
said Commission shall hold a public
hearing relative to the proposed con-
ditional exception, at which time
any person interested may appear
and be heard.
(F) Notice of the time, place and
purpose of all public hearings shall
be given by at least one publication
in a newspaper of general circula-
tion in the City of National City or
by causing notices to be posted at
not more than one hundred fifty
(150) feet distance apart along both
sides of each and every public street
upon which the property involved
abuts and such posting shall extend
along such street or streets a dis-
tance of not less than three hundred
(300) feet from the exterior limits
of the property involved, or post
card notices may be mailed to all
owners of property within posting
area. Such Notice shall be published,
posted or mailed not less than ten
(10) days before the date of the
hearing. Such notice shall, in ad-
dition to giving the time, place and
purpose of the hearing, state briefly
the nature of the proposed condition-
al exception, give a description of
the property involved, and state the
use district in which the property
is located. Posted Notices shall be
headed "Notice of Use District Hear-
ing" in plain type not less than one
(1) inch in height.
(G) The City Council and the
Commission may respectively pre-
scribe rules and regulations for con-
ducting hearings and taking testi-
mony. When for any reason, public
hearing on any matter cannot be
completed on the day set for such
hearing, the officer presiding at
such public hearing shall publicly
announce the time and place at which
said hearing will be continued, and
no other notice need be made.
(H) Upon the completion of the
required public hearing or hearings,
the Commission may recommend to
the City Council that a conditional
exception be granted, and such rec-
ommendation, if made shall be trans-
mitted to the City Council.
(I) The City Council may not less
than 15 days after receipt of a rec-
ommendation from the Commission or
after complying with the provisions
of section (J), below, grant a con-
ditional exception to the provisions
of this ordinance by resolution en-
tered upon its minutes.
(J) Appeals: The Petitioner or any
person interested in the matter or
affected by the findings or recom-
mendations of the Commission may
appeal to the City Council within
fifteen (15) days after the findings
and recommendations have been filed
with the City Council. All appeals
shall be in writing, stating the
grounds upon which the appeal is
made. The City Council may refuse
to grant a conditional exception with-
out a public hearing. In all cases
in which the Commission has refused
to recommend the granting of a con-
ditional exception, whether appeal has
been filed or not, the City Council
shall hold a public hearing after
giving notice as prescribed above
in Section (F) before granting such
conditional exception.
(K) The procedure for the grant-
ing of a conditional exception to the
provisions of this ordinance are in-
cluded In this ordinance because of
the impossibility of foreseeing and
providing for all of the circumstances
and conditions which may oe affected
by it. Thus making it possible to
adjust said provisions to special and
unusual cases without defeating the
general purposes and spirit of the
ordinance.
(L) No boundary of any district
created hereby shall be changed by
a conditional exception.
(M) The Commission may recom-
mend and the City Council may pre-
scribe the terms and conditions upon
which a conditional exception may
be granted and set a time limit for
the duration of such conditional ex-
ception, and may require guarantees,
in such form as it may deem prop-
er under the circumstances, to in-
sure that the purposes for which said
exception is granted will be ful-
filled, and that the conditions of
the exception will be met.
(N) Time Limits:
1. If construction, alteration or
the use permitted under such condi-
tional exception has not been started
within ninety (90) days from the
date of approval by the City Coun-
cil, the conditional exception shall
become null and void; except that
the Planning Commission may, if so
requested by the petitioner, permit
an extension, or extensions, compris-
ing a total period of time not to ex-
ceed six (6) months from the date of
said City Council approval.
2. When a permit has been issued
for such construction, alteration, or
use, and at any time after the
work is commenced the work author-
ized by said permit is suspended or
abandoned for a period of ninety (90)
days, the permit shall become null
and void; except that the Planning
Commission may, if so requested by
the petitioner, permit an extension or
extensions comprising a total period
of not to exceed (6) months from date
of suspension of work.
3. The conditional exception granted
shall be for the use of the property
involved and such use will be auto-
matically transferred to any sub-
sequent owner; except as in section
4 below.
4. The Planning Commission may
recommend and the City Council may
grant conditional exceptions to an
individual, which exception is not
transferable with the property nor
750
transferable to any other occupant
of the property.
(0) After the City Council has
granted a conditional exception the
Planning Commission or its author-
ized representative shall, without de-
lay, issue a Certificate of Use and
Occupancy to petitioner, giving a de-
scription of the property and the
type of use or exception permitted
and the conditions named. Such cer-
tificate shall be presented to officials
charged with issuing permits and/or
licenses before a building permit or
license for any building or use au-
thorized by such conditional excep-
tion may be issued. Such certificates
of Use and Occupancy shall also be
used for and shall serve as condi-
tional permits required by this ordin-
ance for specified uses in certain dis-
tricts. Such Certificate of Use and
Occupancy shall be recorded by the
City of National City in the office
of the recorder of San Diego Coun-
ty, California.
SECTION 21 ADMINISTRATION
(A) Public hearing may be held by
either the Planning Commission or
the City Council whenever desired in
any matter relative to the adminis-
tration of this ordinance.
(B) The recommendations of the
Commission in legislative matters
shall be only advisory, but its de-
cisions in other matters such as in-
terpreting the provisions of this or-
dinance, passing on plans submitted
to it in accordance herewith, and
the disposition of petitions shall be
considered administrative and shall
be binding and effective, subject to
appeal as hereinafter provided. Ac-
tion of the Commission in respect to
such matters shall be recorded in
the Commission's minutes and such
record shall be considered notice of
its actions and decisions.
(C) Any person may appeal to the
City Council in regard to any decis-
ion of the Commission within fifteen
(15) days after the date such decision
was formally made, and any person
may appeal to the City Council in
case the Planning Commission fails to
take action on any matter submitted
to it within (95) days of the date of
submittal.
(D) The City Council may refer
such appealed matter to the Commis-
sion for reconsideration, or may af-
firm or set aside the decision of the
Commission, provided that no modi-
fication of the uses or restrictions
in any district may be made or con-
ditional exception granted except by
complying with the procedure set
forth in Section 20, after such pro-
cedure as the City Council may deem
necessary in addition to that re-
quired hereby. The decisions of the
City Council shall be final and con-
clusive. Such decisions shall, in any
case, in the absence of written agree-
ment between the appellant and the
City Council to the contrary, be made
within sixty-five (65) days of the
filing of, such appeal, and if not so
made shall be considered denied.
(E) The Commission may make
such investigations, employ such help,
secure such advice, and have pre-
pared such plans and reports as it
may deem necessary to perform its
duties and functions.
(F) Accurate and, permanent rec-
ords of the acts of, the Commission
shall be kept and such records shall
have the same status as records of
other administrative departments of
the City.
(G) The City Council may prescribe
fees to cover costs or estimated ex-
pense for publicity, investigation, con-
sultants fees or other costs In con-
nection with any matter relative to
the administration of this ordinance,
submitted to the Planning Commis-
sion or the City Council.
(H) The minutes of the City Coun-
cil shall be deemed notice of its
action in all matters.
SECTION 22 ENFORCEMENT, LE-
GAL PROCEDURE, PENALTIES
(A) Enforcement:
1. It shall be the duty of the
Building Department of the City of
National City to enforce the provis-
ions of this Ordinance pertaining to
the erection, construction, reconstruc-
tion, moving, conversion, alteration or
addition to any building or structure.
2. It shall be the duty of the Health
and Fire Departments of the City of
National City to enforce the provis-
ions of this Ordinance pertaining to
the( maintenance and use of prop-
erty, structures, and buildings so
far as matters of health and fire
are concerned.
3. It shall be the duty of the Po-
lice Department of the City of Na-
tional City and of all officers of
said City herein, or otherwise charged
by law with the enforcement of this
Ordinance, to enforce this Ordinance
and all the provisions of the same.
(B) Penalty:
Any person, firm or corporation,
whether as principal, agent, employee
or otherwise, violating any provisions
of this ordinance shall be guilty of
a misdemeanor, and upon conviction
thereof shall be punished by a fine
of not more than five hundred dollars
($500.00) or by imprisonment in the
City or County jail for a period of
not more than six (6) months, or by
both such fine or imprisonment. Each
person, firm or corporation shall be
deemed guilty of a separate offense
for each and every day during any
portion of which any violation of
this ordinance is committed, continu-
ed or permitted by such person, firm
or corporation, and shall be punish-
able as herein provided.
(C) Abatement:
Any building or structure set up,
erected, built or maintained or any
use of property contrary to the pro-
visions of this Ordinance shall be,
and the same is hereby declared to
be unlawful and a public nuisance,
and the City Attorney of the City of
National City shall, upon order of the
City Council of the City of National
City, immediately commence an ac-
tion or actions, proceeding or pro-
ceedings for the abatement and re-
moval and enjoinment thereof in the
manner provided by law, and shall
take such other steps and shall ap-
ply to such court or courts as may
have jurisdiction to grant such relief
as will abate and remove such build-
ing or structure and restrain and
enjoin any person, firm or corpora-
tion from setting up, erecting, build-
ing or maintaining any such building
or structure or using any property
contrary to the provisions of this or-
dinance. The remedies provided for
herein shall be cumulative and not
exclusive.
SECTION 23 AMENDMENTS
(A) The City Council may, as here-
inafter provided, after hearings and
reports thereupon by the Planning
Commission and after public hear-
ing thereupon by said City Council
and all things required by law hav-
ing been done, amend this Ordinance
or any one or more sections of the
same.
(B) An amendment of this Ordin-
ance or any one or more sections of
the same may be initiated by the
City Council or by the Planning
Commission orby petition of any
property owner or owners whose
property is subject to this ordin-
ance.
(C) Petitions:
1. The Commission shall prescribe
the form and scope of petitions and
accompanying data so as to as-
sure the fullest practicable presenta-
tion of facts and all petitions shall
be made in such form.
2. Every petition shall include a
statement by at Least one property
owner or his authorized agent who
has signed such petition and whose
property is affected thereby, attest-
ing to the truth and correctness of
all statements, maps, and other data
presented with or as part of said
petition and such verification shall
be signed and acknowledged before
any officer authorized to administer
oaths.
3. Such petition, if change of any
district boundaries is involved, shall
contain a map or maps showing the
area affected by the proposed amend-
ment, showing the district or districts
in which located and showing the
district or districts proposed. Such
map may be a portion of the district-
ing map which is a part of this or-
dinance, having marked thereon the
proposed changes.
4. Before such petition is filed a
fee of twenty-five dollars ($25.00)
shall be collected by the City Treas-
urer for the use and benefit of the
City and shall be deposited in the
General Fund. In addition to such
fee the costs of preparing maps,
posting, publication, engineering and
other expenses shall be assessed to
the petitioner and the petitioner shall
post cash with the City Treasurer at
the time of filing of the amount of
fifty dollars ($50.00) and such other
amounts as may be determined by
the City Council to insure payment
of such costs. The petitioner shall
pay in advance all costs and expenses
incurred by the City relative to the
consideration of any- amendment to
this ordinance.
(D) Hearings:
1. Before recommending the adop-
tion of any amendment to this or-
dinance, the Commission shall hold
public hearings, which hearings shall
be at least two (2) in number and
held at least fifteen (15) days apart
and notice of such hearings shall
be given as specified below.
2. Before amending this Ordinance,
or any part hereof, the City Council
shall hold at least one public hear-
ing, and notice of such hearing shall
be given as specified below.
3. Notice of the time, place and
purpose of all public hearings shall
be given by at least one publication
in a newspaper of general circula-
tion in the City of National City or
by causing notices to be posted at not
more than one hundred fifty (150)
feet distance apart along both sides
of each and every public street upon
which the property involved abuts
and such posting shall extend along
such street or streets a distance of
not less than three hundred (300)
feet from the exterior limits of the
property involved. Such notice shall
be published and posted not less than
ten (10) days before the date of the
hearing.
Such notice shall, in addition to
giving the time, place, and purpose
of the hearing, state briefly the na-
ture of the proposed amendment and
give a description of the property in-
volved. Posted Notices shall be head-
ed "Notice of Use District Hearing"
In plain type not less than one (1)
inch in height.
(E) Recommendation of the Plan-
ning Commission:
The Planning Commission shall, af-
ter completion of the hearings pre-
scribed above and any other action
required by the "Planning Act",
submit their recommendation to the
City Council, together with such
other information, and in such man-
ner as is prescribed by the "Planning
Act".
(F) Upon receipt of the report of
the Commission, and after completion
of any other action prescribed herein
and by the "Planning Act" the City
Council may or may not amend the
Ordinance.
SECTION 24 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 competent
jurisdiction, suchdecision shall not
affect the validity of the remaining
portions of the ordinance. The City
Council of the City of National City
hereby declares that it would have
passed this ordinance and each sec-
tion., sub -section, sentence, clause and
phrase thereof, irrespective of the
fact that any one or more other sec-
tions, sub -sections, sentences, clauses
or phrasesbe declared invalid or un-
constitutional.
SECTION 25
This ordinance shall be in full force
and effect on the 31st day after date
of final passage.
SECTION 26
The City Clerk is hereby directed to
publish this ordinance once in the
National City News, a newspaper of
weekly .circulation, printed and pub-
lished in the City of National City,
California.
PASSED AND ADOPTED by the
City Council of the City of National
City, California, this 3rd day of
August, 1948, by the following vote,
to -wit:
AYES: Councilmen Adams, Curry,
Matthews, Thatcher, Fritz.
NAYS: None
ABSENT: None
GILBERT E. FRITZ,
Mayor of the City of
National City, California.
(SEAL)
ATTEST: FRANK W. ROGERS,
City Clerk
I hereby approve the foregoing Or-
dinance this 3rd day of August, 1948.
GILBERT E. FRITZ,
Mayor of the City of
National City, California.
I hereby certify that the above and
foregoing is a full and true copy of
Ordinance No. 750 of the Ordinances
of the City of National City, Califor-
nia, as adopted by the City Council
of said City, and approved by the
Mayor of said City, on the 3rd day
of August, 1948.
FRANK W. ROGERS,
City Clerk of the City of
National City, California.
750
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• • D • 1 I G AREA SEE MAP 9 ,
750
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NOTE: SEE LEGEND ON MAP 9 TO DETERMINE ZONE.
(FOR ADJOINING AREA SEE MAP 4)
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MAP 7
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(FOR ADJOINING AREA SEE MAP 6)
(FOR ADJOINING AREA SEE MAP 8)
SAN DIEGO COUNTY
Eighteenth Street
LEGEND
R-I-A SUBURBAN DISTRICT - - - - -
R-1-S SPECIAL SINGLE FAMILY RESIDENCE DISTRICT
R-I SINGLE FAMILY RESIDENCE DISTRICT------
R-2 TWO FAMILY RESIDENCE DISTRICT
R-4 MULTIPLE FAMILY RESIDENCE DISTRICT- C-2 LIMITED BUSINESS DISTRICT- C-3 GENERAL BUSINESS DISTRICT NO SETBACK
C-3-A GENERAL BUSINESS DISTRICT 10 FT. SETBACK
C-3-B GENERAL BUSINESS DISTRICT 5 FT. SETBACK--
C-4 WHOLESALE BUSINESS DISTRICT- - - ---
M-2 LIGHT MANUFACTURING DISTRICT
M-3 INDUSTRIAL DISTRICT - -- -
V
•y
MAP 9
IIIIN
DISTRICT BOUNDARY
LINES -
- NOTE
WHERE DISTRICT BOUNDARY
ONES CROSS CITY BLOCKS
THEY ARE LOCATED AT THE
NID-LINES OF SAID BLOCKS
EXCEPT WHERE AOHFERENT
DIMENSION IS SHOWN.