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HomeMy WebLinkAboutOrd 353-1954Telford L. Smith ~;myor There are numerous existing "working" files for Ordinance 353. These files are in the accordion file eases. ORDINANCE NO. 353 ~1~ SOUTH SAN FRANCISCO CALIFORNIA AN ORDINANCE OF THE CITY OF ~OU~lll SAN FRANCISCO,CALIFORNIA ,ADSPI~NG A ZONING OR DISTRICTING PLAN FOR SAID CITY BY ESTABLISHING VARICUS DISTRICTS IN SAID CITY, WITHIN WHICH CERTAIN REGULATIONS SHALL BE IN EFFECT. ~TI~$ TO THE USES OF LAND AND BUILDINGS: PRESCRIBING HEIGHT LIMITS OF BUILDINGS ASD. CERTAIN DIMENSIONS FOR YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS: REQUIRING THAT PERMITS SHALL BE PROCURED FOR CERTAIN OF SUCH BUILDINGS ~D USES: DEFINING CERTAIN TERMS USED HEREIN: SPECIFYING THE PROCEDURE FOR THE AMENDMENT, AND PRESCRIBING PENALTIES F~R THE VIOLATION OF ANY OF THE PREVISIONS HEREOF,AND REPEALING ALL OTHER ORD~ tNANCE~ OR PARTS' OF O~DINA~CES 'III CO]~I,~c~ Fm~-~IT~: The City Council of the City of South San Francisco does ordain as follows: SECTION 1. PURPOSE AND ADOPTION OF ZONING PLAN. 1.1 There is hereby adopted a zoning or districting plan. 1.2 The purpose of this ordinance is to promote the growth of the City of South San Francisco in an orderly manner and to promote and protect the public healt~ safety,peace,comfort,and general welfare. 1.3 The zoning or dis~ricting plan effectuated by this ordinance is s part of the Master P~an and consists of the establishment of various districts,including all the territory within the boundaries of the city, within which the use of land and buildings, the spac= for buildings, open space around buildings, and the height and bulk of buildings are regulated. 1.4 No building o~:Atructure shall be erected, reconstructed,moved or structurally altered in any manner.nor shall any building or land be used for any purpose,other than as permitted by, and in conformance with,this ordinance and all other ordinances,laws, and maps referred to herein. SEC2ION 11. DISTRICTS ESTABLISHED. 2.1 The several districts established ar: as follows: Single Family Residential District or R-1 District Duplex Residential District or R-2 District Multiple Family Residential District or R-3 District Neighborhood Co~,~ercial District or C-1 District Central Commercial District or C-2 District Heavy Commercial District or C-3 District Industrial District or M-1 District Heavy industrial District or ~I-2 District Unclassified District or U District Combining District or "H~ District Planned CommUnity District ar.~ P-C District Combining District or B District Planned Commercial and Light Industrial District or P-C-Id District 2.2 The d&~nations,locationa,and boundaries of the districts established are delineated upon the map entitled "Zoning Map of the City of South San Francisco, California",dated July 21,195~, which map and all notations and information thereon are hereby made a part of this ordimance by th~s reference,a copy of said map being attached hereto. Any land within the incorporated limits of the City of South San- Francisco,now or in the future,and not designated or indicated on the Zoning Map shall be in the unclassified ,or"U" District. Also, any land hereafter annexed to the ~ Oity of South San Francisco shall,upon annexation, be in the Unclassified,or"U" District until given a definite classification. SECTION 3. SINGLE F~4ILY P~SID£NTIAL DISTRICT OR R-1 DISTRICT The following regulations shall apply in all R-1 Districts and shall be subject to the provisions of Section 5. 3]11 Uses Permitted: (a) Single family dwellings (b) One accessory building only if constr~cted simultaneously with,or subsequent to,the main building on the same lot. (c) Accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial uses, including the storing of commercial vehicles. (d) One sign, not over four(4) square feetin area and unlighted, pertaining only to the sale, lease, or rental of the property upon which the sign is to be located. 3.12 Uses permitted, subject to obtaining a use permit in each case: (a) Churches,schools, parks, playgrounds, p~blic utility and public and quasi-public buildings and uses. (b) Drop and Tree faram~ng. (c) Public or private parking lots for automobiles when adjacent to any C or M District. (d) Second single family reAidence on a building site when an existinz single family residence has been constructed on the rear one-half (~) of the building sit~ prior to the adoption of this ordinance. 3.13 Building Height Limit: (a) For Dwellings-~maximun thirty (30) feet. (b~ For accessory buildings- maximum twelve (12) feet average height between floor slab plate and ridge pole. If floor Joist type construction is used, the height limit may be increased three(3) feet. 3.14 Building Site ~rea Required: (a) For each Dwelling- minimum of five thousand (5000)square feet and minimumwidth of fifty (50) feet on interior lots;minimum of six thousand (6000) square feet and minimum width of sixty(60)feet on corner lots. In no case shall there be more than one(l) single family dwelling on any one (llbuilding site. (See Section 3.!~-d, 3.22-d,3.22-e,and 5.3 for exceptions.) 3.15 Percentage of Lot Coverage Permitted: (a) ~F6r aggregate building coverage- maximum,forty (tO)percent of lo~ area. 3.16 Minimum Yards Required: (a) Front Yards - Minimum required,fifteen (15) feet and maximum per~ mitred,thirty-five (35) feet, but in no case shall any structure be erected closer than forty(40) feet to the center line of amy street, nor shall any garage ,car port, or accessory building be erected so that the entrance thereof is closer than nine- teen (19) feet to the nearest edge of the sidewalk line; provided that where twenty-five (25) percent or more of the lots in a block have,been improved with buildings, the minimun front yard required shall be the average of improved Iota,if less than fifteen(15) feet. (Bi Side Tards: Five (5) feet to foundation line, provided that the side yard on the street side of a.corner lot stall not be less than ten (lO) feet and provided,further, that on the rear twenty (20) feet of the street side of a corner lot,where there is a reversed frontage,the side yard shall not be less than the front yard required or existing on the adJacsot reversed frontage; and provided,fur- ther,that the side yard on any lot with an average width of &O feet or less shall be a minimum of ten percent~lO%) of the lot width but in no c~se less than three(3) feet. No eave, bay, chimney~ or other architectural feature shall extend more than (2) feet into any required side yard. (c) Rear Yards: Twenty (20) feet minimum,not to exceed five (5) percent average grade. 3.17 parking Required: Garage or Garage Space. (a) Not less than one (1) garage or car port for each single family dwelling. (b)Not less than one (1) parking space for each six(6) seats for churches and places of public assembly. SECTII~N 3.2 DUPLe-/ RESIDENTAL DISTRICT OR R- 2 DISTRICT. The following regulations shall apply in all R, 2 Districts and shall be subject to the provisions of Section 5. 3.21 Uses permitted: (a) Single family dwellings. I~l Two family dwellings or duplexes (single structure). Accessory buildings and uses normally incidental to single family and duplex residences. This ~S not to be const.Z~ued as ptr~itt~g, any commercial uses 3.22 Uses permitted, subject to obtaining a Use Permit in each case: (a) ChurcheS,schools,parks, playgrounds,public utility and public and quasi-public buildings. (bI Crop and tree farming. (c, Public or private parking lots for automobiles when adjacent to any C or M District. (d) Second single family residence on a building site where an exist- ing single family residence has been constructed on the rear one- half (~) of the building site prior to the adoption of this ord- inance. (e) Second single family residence~ona building site where said site fronts on a public street and rears on a a public street or public alley. (f) One sign, not over four(&) square 'feet in area, and pertaining only to the sale,lease,or rental of the property upon which the sign is to be located. 3.23 Building Height Limit: For accessory buildings- maximum twelve (12) feet average height between floor slab plate and ridge pole, If floor joist type con- struction is used, the height limit may be increased three (3)feet. 3.24 Building Site Area Required: (al For each dwelling- minimum of five thousand (5000) square feet and minimum width of fifty (50) feet on interior lots; minimum of six thousgnd (6000) square feet and minimum ~cidth of sixty (60)feet on corner lots. In no case shall there be more than one(l~single family dwelling or one (1) duplex on any one building site. (See Sections 3.12-d,3.22-d,3.22-e,and 5.3 for exceptions.) 3.25 Percentage of Eot Coverage Permitted: (a) For aggregate building covetable- maximum fifty (50) percent of lot area. 3.26 Minimum Yards Required: (a) Front Yards- Minimum required, fifteen (15) feet and maximum permitted, thirty-five (35) feet, but in no case s~all a structure be erected closer than forty (40)fee% to the center line of any street,nor shall any garage, car port, or accessory building be erected so that the entrance thereof is closer than nineteen (19) feet to the ne~resJ edg~ of the sidewalk line;provided that where twenty-five (25)pe~- cent or more o~the lots in a block have been improved with build- ings, the minimum front yard required shall be the average of im- proved lots, if less than fifteen(15) feet. (b) Side Yards: Five (5) feet to foundation line, provided that the side ~ard on tl~ street side of a corner lot shall not be less th~n ten(lO)feet and provided,further,that on the rear twenty(20)f~et of the street side of a corner lot, where there is reversed frontage, th~ side yard shall not be less than the front yard required or exit ting on the adjacent reversed frontage; and provided further, that the side yard on any lot with an average width of forty(40) feet orless shall be a minim~ of ten percent (10%) of the lot width but in no case less than thre~ (3) feet. No eave, bay,chimney, or other architectural feature shall extend more than two (2) feet into any required side yard, (c) Rear Yards- Twenty(20) feet minimum, not to exceed five(5) percent average grade. 3.27 Parking Required- Garage or Garage Space: (a) Not less than one (1) garage pr car port for each single family · ~ot less than one Il) garage sp*ce for each d~elling unit in any duplex. Ic) ~ot less than one{1)parkin~ space for each six (6) seats for churches and places of public assembly. SECTIfN 3.3 R'.~STRICT~:3 i.~LTIPLE F~ELY RESIDE[;TIAL DISTRICT OR R-3 DISTRICT. The follo%~ing reF~!ations shall ~pply in all R-3 Districts and shall be subject to the provisions of Section 3.31 Uses Permitted: (a) Single family dwellings and two family dwellings or duplexes. Il Multiple family dwellinga,apartment houses. Accessory buildings normally incidental to multiple d~ellings. This ia not to be construed as permitting any commercial uses including ~the storage of commercial vehicles. (d) Signs not over four($)squqre feet in area and attached to the main building. 3.32 Uses ~ermitted, subject to ob raining ~ use permit in each case: t~I Hotels,motels, rooming or boarding houses,and dwelling groups. Professional offices,mortuaries. l~t Community centers, social halls,lcdges,clubs_~ and rest homes. Churches, schools, parks, playgrounds,public utility and public and quasi-public buildings. l~l Crop and tree farming. Public or private parking lots for automobiles when adjacent to any C or M District. (g) Signs over four (&) square feet and appurtenant to any use allowed Accessor~ Uses Permitted: (a) Accessory uses and buildings normally incidental to any of the above. This shall not be ~onstrued as permitting any commercial use or occu- pation other than those specifically listed. between floor slab plate and ridge pole. If floor joist type con- struction is used, the height limit may be in~reased three(3)feet. Building Site Area Required: (a) For each building or group of buildings- minimum of five thousand (5000) square feetand minimum width of fifty(50)feet on interior lots; minimum of six thousand(6000) square feet and minim-mwidth of sixty '(60) feet on corner.lots. (b) For each family unit in any building or group'of buildings-minimum of one thousand (1OOO) square feet of lot area. 3.35 Percentage of Lot Coverage: (a) For aggregate building coverage- maximum of seventy-fiwe (75) percent. 3.36 ~nimum Yards Required: (a) Front Yards- Minimum required, fifteen(15) feet and maximum permit- ted, thirty-five (35) feet, hut in no case shall any structure be erected closer than forty(kO) feet to the center line of any street, nor any garage, car port or accessory building be erected so that the ?ntrcnce thereof is closer than nineteen(19) feet to the nearest ed~? of the sidewalk line; provided that where, twenty-five (25) per...ent on m~re. of the lots in a block have been improved with buildings, the. minimum front yard shall be the average of improved lots, if less than fifteen (15) feet. (b) Side Yards: Five(5) feet to foundation line, provided that the side ard on the street side of a corner lot shall not be less then ten 10) feet and proVided,further, that the rear twenty (20) feet of the street side of a corner lot, where there is a reversed frontage, the side yard shall not be less than the front yard required or ex- isting on the adjacent reversed frontage; and provided further, that the side yard on any lot with an average width of forty(kO) feet or less shall be a minimum of ten percent (10%) of the lot width but in no case less than three(3l feet. No eave, bay, chimney, or or other architectural feature shall extend more than two (2) feet into any required side yard. Interior side yards shall be increased by two (2) feet for each ten (1~) feet or portion thereof that the building exceeds thirty (30~ feet in height. (c) Rear Yar~s - Minimum of ten (10) feet if building not over thirty- five (35) feet in height; add one (1) foot for each ten (10) feet over thi~t¥~f_tve (35) feet; ten (10) feet,not to exceed five (5) percent grade. (d) Special Yards and Distances between Buildings: 1. Distance between buildings in any dwelling group - minimum 10 feet. 2. Side yard providing access to single row dwelling group - minimum twelve (12) feet. 3. Inner court providing access to double row dwelling group - minimum twenty (20) feet. 3.37 Parking Required - Garage or Garage Space: (a) Not less than one (1) garage or car port for e~ch single family dwelling. (b) Not less than one.(1) garage space for each dwelling unft. I~I Not less than one,l) parking space for each unit ~a any ~:~otel. Not less than one (1) parking space for each four (4; rooms in any hotel, and not less than one (1) parking space for each two (2) guests in any rooming or boarding house. (e) Not less than one (1) parking space for each three hundred (300) square feet of floor area in any professional office, plus one(l) space for every two(2) staff members in any medical o~fice or clinic. (f) Not less than one (1) parking space for each six (6) seats in any church, lodge, club, social hall, or other places of public assembly SECTION 3.4 NEIGHBOPd4OOD CS~ERCIA~ DISTRlCT OR C-1 DISTRICT The following regulations shall apply in all C-1 Districts a~d shall be subject to the provisions of Section 5. 3.kl Uses Permitted subject to provisions of Section 3.42 (a) Multiple family dwellings, apartment houses, and dwelling groups. i~I RoomingChUrches'andlibrarieS'boarding houses.h°spitals' and other public buildihgs. The following uses when cSnducted within a building: Bakeries(retail only),food stores, hardware stores, banks, barber shops, beauty parlo~s, book stores, variety stores,shoe shops,drug stores, and offices,florist shops, restaurants, personal service establishments, department stores, launderettes, cleaning agencies, (e) Unilluminated signs attached to thms mmin building end appurtenant to the use thereof and not projecting more th~n one(l) foot over the property line. 3.42 Whenever any of the ~ses specified in Section 3.kl shall be for a loca- tion closer than (2CO)feet to the boundary of any dwelling district, then a use permit s~all be first obtained. 3.43 Uses permitted, subject to obtaining a use permit in each c~se: (a) Single fanily dwellings ~ud duplexes. (b) Other stores within a building,mortuaries,service stations,theatres, drive-in banks, drive-in restaurants, any'on sale' establishment where liquor is served, and otheruses which in the opinion of the planning commission are of a similar nature. l~l Social halle, lodges, fraternal orginizations,and clubs. Non-flashing signs appurtenant to any permitted use, and not project- 3.44 Building Height Limit: (a) Maximum height any building- thirty (30) feet. 3.45 Building Site Area Required: (a) For each main building - ~inimum five thousand (5~0) square feet. 3.46 Minimum Yards Required: (a) Front Yard - Fifteen (15) feet. (~) Side yard ~ None, except where the side of a lot abuts upon the side of a lot in an "R" District, in which case the side yard shall be not less than ten(l~)feet. (C) Rear yard - None, except where the rear lot abuts on an"R" District, in which case th~ rear yard shall not be less>than ten (lO) feet, or in the case {vhere property rears on other commercial property and is one hundred fifty {150) feet or more in depth, the rear yard setback shall be ten (10) feet. 3.47 Parking ReqUired: (a) Off- street parking on the building site sh~ll be required in C-1 Districts according to the following formula: ~' Retail Stores,one(l) parking space for each one hundred (lO0) square fee~ of floor area. 2. Banks and office buildings, one(l) parking space for each( throe hundred (300) square ~eet of floor area. 3. Resturauts , one (1) parking space for each four (~) seats. 4. Public assembly,including churches, one (1) parking space for each six (6) seats. 5. Theatres, one,(1} parking space for each six (6/ seats. 6. Clinics,one (1) parking space for each three hundred (300~ square feet of floor area,plus one(l) additional space for each doctor and each two (2) staff members. 7. Residential uses,one (1) parking space per dwelling unit. 8. Boarding and rooming houses,one (1) parking space for each two (21 guest rooms. 9. All other uses permitted and not enumerated in this soction shall furnish parking as required b~ the planning commision. (b) Design and location of all off- street parking lots shall be approved by the planning commision. SECTION 3.5 CENTRAL COi..~ERCIAL OR C-2 DIS~RIGT The following regulations sh~ll apply in all C~2 Districts and shall be subject to the provisions of Section'5. 3151 Uses permitted: (a) Retail stores and personal service establishments within a building, including appliance stores, bakeries, banks, barber shops,beauty parlors, book stores, department stores,drug stores, food shops,hardware stores, nurseries, offices,radio stores, restaurants,shoe shops,*tailor shops,and other uses which in the opinion of the planning commission are of a similar nature. *studios 3152 Uses ~ermitted; subject to first procuring a use permit in each case: (a) Any use permitted in any '~R" District except mortuaries. (b) ~rive-in bakks, drive-in restaurants,theatros, animal hospitals, auto repair shops, cleaning and dying sst~blishments,cr~ameries, gasolin~ service stations, any'on sole establis~nents where liquor is served, launderies, la~.~ndere~tes, second hand sales, outdoor markets,outdoor sales establishments,pet shops,public garages, used ca~ sales lots,and other~uses which,in the opini~n of the planning commision, are of a similar nature. (c)Signs not attached to the main building and signs other than those appurtenant to any permitted use, including billboards. 3.53 Building Height Limit: (a) ~iaximum height any buildinf' --Tifty(50) f.~et provided that additional height may be per:~itted if a use permit is first procured in each case. 3.54 Building Site Area ~equired: (a) For each main building-I,iinimum,two thousand (2000) square feet. 3.55 biinimum Yards Required:(a) Front side and rear yards required- Nnne; except that where property is one hundred fifty (150)feet or mo~e in depth and there is ~o alle]~ and property rears on other commercial property,thc rear yard setback shall be fifteen (15) fe~. SECTIOii 3.6 HEAVY CO?.~ERCIAL DISTRICT OR C-3 DISTRICT The following regulations shall apply in all C-3 Districts and shall be subject to the provisions of Section 5. 3.6i Uses Permi~rted: (~) ~etail stores and personal service establishraents within a building, including appliance stores, bakeries, bamks, barber sh6ps, beauty parlors, book stores,department stores, drug s~ores, food shops, hardware stores, nurseries, offices, radio stores, restaurants,shoe shops, studios,tailor shops, and other uses which in the opinion of the planning co:~ision are of a similar nature. Wholesale stor.~s and storage within a building. Signs appurtenant to any permitted use. 3.62 Uses Bermitted, subject to first procuring a use permit in each case: (a) All uses permitted in any ,R" District except mortuaries. (b) Drive-in banks, drive-in restaurants,theatres, any 'on sale' estab- lishment where liquor is served, outdoor sales establishments, second hand sales, gasol~ue service stations, light manufacturing, including manufacture of clothing, novelties and toys, and uses which, in the opinion of the planning commision are of a similar nature. (c) Signs, other than those appurtenant to any permitted use, including billboards. (d) The following uses: Bottling works, blacksmith shops,building material yards, contractor yards, feed and fuel yards,lumber yards, machine shops, planing ~ills,storage of goods and materials end other uses which, in the opinion of the planning commision, are of a similar nature, The planning concision may require a fence of a type and design to be approved by them for all uses listed in this section. No sign shall be painted or erected on such fence until approved by the planning commission. 3.63 Building Height Limit: (a} Maximun height of any building -.sixty-five (65) feet, provided that additional height may be p~rmitted if a use permit is first ob- tained in each case. 3.6& Building Site Area ReqUired: (a) For each main building- Minim~n, two thousan4 (2000) square feet. 3.65 Yards Required: {a) Front, side and rear yards required - None, except that where property is one hundred fifty (150)feet or more in depth and rears on other conm~ercial property,the rear yard setback shall be fifteen {15) feet. SECTIO~I 3.7 INDUSTRIAL DISTRICT OR M-t DISTRICT The following regulations shall apply in all M-1Dist. ricts and shall be subject to the provisions of Section 5. 3.71 Uses Permitted: (a) Retail stores and service establishments. Wholesale stores and storage. b) c) Light industrial and manufacturing uses, including furniture~, clothing, novelties, toys, cabinet shops, sheet metal shops, research laboratories, lumber yards,planing mills, (d) Signs appurtenant to any permitted use. 3~72 Uses permitted, subject to first obtaining a use permit in each case: (a) All uses per~itted in any R District ,motels, and kennels. (b) Industrial or manufacturing uses,which, in the opinion of the ~lanning 8ommission, m~y be objectionable by reason of production of offensive odor,dust, noise,bright lights,or vibration or involving the storage or handling of explosive or dangerous materials, and all the following uses: Metal fabrication, assembly plants, chemical plants, rock crushere, asphalt plants, ready-mix cement plants,rock and Eravel plants, drilling for and/or removal of oil, gas,orOthe~hydrocarbon substances; co~mmercial exc~valicn df bdiIding or construction materials; dumping, disposal,incineratdon of garbage,sewage,offal,dead animals, sawdust or refuse; manufacturing or storage ofacid, cement, explosives or fire~orks,gas, infla~m]able fluids,gypsum, lime or plaster of paris, smelting of iron,tin, zinc,or other ores. (c) Signs, other than those appurtenant to any permitted use, including billboards. 3.73 Building Height Limit: (a) Maxim%~ height of any building -sixty-five (65) feet provided that additional height may be permitted if a use permit is first obtained. 3.74 Yards Required: (a) Front, side, end rear yards required - None,except that where property is one hundred fifty (150) feet or sore in depth and there is no alley and property rears on other commercial property, the rear yard setback shall be fifteen (15) feet. SECTIO?~ 3.8 INDUSTRIAL OR M-2 DISTRICT The following regulations shall apply in ail M-2 Districts and shall be subject to the previsions of Section 5. 3.81 Uses Permitted: (a) Retail stores and service establishments. (b) V~olesale stores and storage. (cl~anufacturing establistunents, including manufacture of furniture, clothing, novelties and toys, met[1 fabrication, lumber yards, planing mills,cabinet §hops,sheet metal shops, assembly plants, research laboratories, pottery works. (d) Signs appurt=nant to any permitted use. 3.82 Uses permitted,subject to first procuring a use permit in eadh case: {a) Ail residential uses,trailer courts, motels and kennels. (b) Industrial or manufacturing uses,which in the opinion of the planning commission,may be objectionable by reason of production of offensive odor,dust, noise, bright lights,or vibration or involving ~he storage or handling of explosives or dangerous materials, and all thefoltowing uses: Auto wrecking and junkyards, rock crushers, asphalt plants,. ready-mix cement plants, rock a nd gravel plants, drilling for and/or removal of oil, gas or other hydrooarbon substances; co~mmercial exca- vation of building or construction materials; distillation of bones, dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals, or refuse; fat rendering; manufacturing or storage of acid, cement, explosives or fireworks,fertilizer,gas, inflammable fluids,glue,gypsum,lime, or plast~r of paris, stockyard or slaughter of animals, refining of petroleum or its products, smelting of iron, tin, zinc, or other ores. {c) Signs, other than those appurtenant to any permitted use, including billboards. 3.83 Building Height Limit: (a) Maximum height of any building - sixty-five (65)feet provided that additional height may be permitted if a use permit is first obtained. 3.8~ Yards Required: (a) Front, side, and rear yards ~equired- None, except that where property is'one hundre~ fifty {150) feet or more in depth and ~ere is no alley and property rears on other commercial property, the rear yard setback shall be fifteen (15) feet. SECTION 3.9 UNCLASSIFIED DISTRICT OR U DISTRICT The following regulations s~all apply in all Unclassified or U Districts and shall be subject to the provisions of Section 5. (Any land within the incorporated limits of the city, now or in the future, and not otherwise designated or_indicated on the Zoning Map, shall be in the Unclassified or U District; also any land here- after annexed to the city shall be in the Unclassified or U District until given a definite classification.) 3.91 Uses Permitted: (a) All uses not otherwise prohibited by law, privided that a use permit shall first be procured for any use to be established in any U District. 3.92 Other Regulations: (a) Building Height Limits, building site area required,and yards required shall be as specified in the use permit. SECTION ~. REGULATIONS FOR SPECIAL DISTRICTS. 4.1 Combining Parking District or EH" District. The following regulations shall apply in all districts with which combined ~H" Districts, in addition to the regulations ~ereinbefore specified therefor, and shall be subject to the provisions of Section 5 of this ordinance; provided, how- ever, that if any of the regulations specified in this section differ from any of the corresponding regulations specified in this ordinance for any district with which is combined an ~H" District, then in such case the provisions of this section shall govern. 4.11 Uses Permitted: All uses permitted in the respective districts with which the HH" District is combined, subject to approval of design of building and design and location of parking lot,provided,however,as follows: (a) Off street parking shall~be required in all districts with which the ~H" District is combined, according to the following formula: 1. Retail stores, restaurents, and taverns? minimum of one (~) space for each two-hundred {200) square feet of gross floor area. 2. Service establishments, banks, offices, and clinics- minimum of one (1) space for each three-hundred (300} square feet of gross floor area,plus one (1) space for e~ch two(2) staff members of any clinic. 3. Theatres and indoor sport arenas,churches,school auditoriuns, assembly halls, co~mmunity centers, mortuaries, funeral homes,lodge halls, dance halls, wedding chapels, and similar places of public assemblages- minimum of one (1) space for each six (6) seats and not less, in any c~se, than one{1)space for each three hundred (3OO) square feet ~f gross floor area. ~. Ballparks, stadiums, and other outdoor sport or recreation arenas- minimum of one (~l<~spaee for each ten(lO} seats. ~ ~. Hotels,rooming, and boarding houses- minimum of one{l) space for each three (3) guest rooms. 6. Hospitals- minimum of one (1) space for each four(~) beds. 7. General commercial,warehouse and storage, manufacturing or industry- minimum of one (1) space for each five (5) regular employees and not less,in any case, th~n one (1) space for e~ch two thoussnd(2OOO) square feet of ground or floor area used for warehousing, storage, manufacture, processing, or related uses. 8. Residential uses, apartments, ~roup dwellings- minimum of one (1) space for each family unit for four(4.) or less i'amily units in any buildin~ or group buildings· For each family unit in excess of four (4) units the requirement shall be four spaces plus two (2) spaces for each additional three (3) units. 9. Motels- minimum of one (1) space for each unit. (b) Loading and unloading space off-the-street shall be required in all districts with which the ~H'~ District is combined, according to the following formula: 1. Retail stores, supply houses,warehouses, wholesale estsblishments, manufacturing or ind~strial establishments, and similar uses- minimum of one (1) space for e~ch establishment and not less than one (1)space for each ten thousand(lO,O00) square feet of gross area (ground or floor) used for the listed or related uses. 2. Hotels, hospitals, public and quasi-public buildings where large amounts of goods are recieved or shipped, minimum of one (1) space for each establishment. 4.12 Building Location: In case no building line is established by the Street and Highway Plan of the Master Plan of the city or by the provisions of this ordinance for the street on which any building will front, in any district with which an ,ZH', District is combined, no such buildin~ shall be erected, constructed, moved, or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance shall be designated by the planning commission as a part of the action on plans submitted with the ayplication for a permit for such building, as provided in Section 5.5 of this ordinance. SECTION 4.2 PLA~ED COmmUNITY DISTRICT OR P-C DISTRICT The following regulations shall apply in all "P-C" Dist,ricts and shall be sub- ject to the provisions of Section 5 of this ordinance, except that where conflict in regulations occurs the regulations specified in this section shall apply: A.21"P~C" Districts may be established on parcels of land which are suitable for, and of sufficient size to cont~in,a planned community for which complete development plans have been submitted and approved. (Minimum area,thirty(~O) acres.) 4.22 Application for the establishment o~ a "P-C" District shall include an application for a use permit for all developments within the district. Such application for a use permit shall include the following: (a) A map or maps showing: 1. Topography of the land with one(l) foot contour intervals. . Proposed street system and lot design. · Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings,and other such uses. ~. Areas proposed for commercial uses, off-street parking, multiple · and single family dwellings, and all other uses proposed to be established within the district. 5. Proposed locations of buildings on the land~ (b) Elevations of ali proposed buildings and structures other than single- family residences· (c) Other data and information Which may be deemed necessary by the planning commision for the proper consideration of the application. 4.23 Uses~?ermitted: (a) All uses permitted in ,'R-l", "R-2", "R-3",and "C-l" Districts,subject to the procuring of a use permit as specified in Section 6.2. (b) Building Height Limit: 1. "R-l" and "R-27 uses- Main building, thirty-five(35) feet height limit. Zccessory buildings, fifteen(15) feet height limit. 2. "R-3" and "C-l" uses- Forty-five (45) feet. (c) Building Site Area Required: 1. "R-l", "R-2",and "R-3" uses- Fifty-four hundred (5400)square feet. (d) Front, side, and rear yards and percentage of site coverage: 1. Same as required for the particular uses in the district in which tlmy~e otherwise permitted by this ordinance. (e) Off- Street Parking Required: 1. One (1.) garage or cat, port space for .each dwelling unit. 2. A minimum of three (31) square feet of off-street parking space for each square foot of area to be occupied by commercial buildings or structures. (f) The regul6tions specified in this section may be varied only when such variance will result in improved design of the development and will permit ~estrablearraugem~nt Df structures in rel~tien to parking areas, par~s ~d ~rKways, pedestrian walks,and other such features. No variance may be granted to allow auks use other than thhse specified. SECTION 4.3 REGULATIONS FOR "B" DISTRICTS. The following regulations shall apply in lieu of building site area,yar~, and lot width requirements in the respective R-1,R-2, and R-3 Districts where such districts are combined with a "-B" District and shall be subject to the provisions of Section 5. All other provisions of the respective districts shall apply. ~nimun ¥~nimum Minimum Minimum ~inimum Combining Building Lot Lot Front Yard Side Yard Designation Site Area Width Length Depth _ Widths "B-i" 7500 sq.ft. 75 ft. 100 ~t~ 20 ft. 8 ft. "B-2" lO,O00" " 80" 120" 25" l0" "B-3" 15,0OO" " 1OO" 150" 30" 15" "B-4" ½ acre 150" 175" 30" 20" Any land graded or benched for building sites wherein cuts are required leaving banks or slopes of greater grade than a ratio of 3 to i shall be approved by the planning commision prior to obtaining a building permit. SECTION 4.4PLANNED COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT OR P-C-M DISTRICT The following regulations shall apply in all P-C-M Districts and shall be subject to the provisions of Section 5 of this Ordinance, exceptS.that where conflict ~ in regulation occurs, the regulation specified in this section shall apply. 4.41 P-C-M Districts may be established in areas where it is deemed desirable to provide for limited manufacturing facilities of a design and type which will enhance the area and not be detrimental to surrounding property or the city. 4.42 Application for establishment of uses permitted in P-C-M Districts shall be accompanied by preliminary architectural and landscaping d~awings including plans for future expansion. Such drawings and plans shall be submitted to the planning commission for its approval. No building permit shall be issued until the planning commission approves such drawings or plans,or until approved by the City Council, in the event of an appeal from the decision of the planning commission. 4.~3 The planning commission may designate such conditions as i~ deems necessary to fulfill the purpose of this section and may require reasonable guarantees and evidence that such conditions are being,or willbe, complied with. 4.44 Uses permitted subject to first procuring a use permit in each case and subject to the provisions of Sections 4.41,4.42,and 4.43. a. Retail stores and personal service establis?~ents and offices. b. Wholesale stores and storage. c. Manufactur~ of clothing, novelties, toys, and small appliances. d. Research laboratory. e. Signs appurtenant to any permitted use. f. All uses permitted in any "R" District. g. Any outdoor sales, drive-in establishments, including gasoline service stations or similar uses. h. Wood or steel assembly of finished material~, machine shops, aesembly plants, sheet metal shops, cabinet shops, furniture manufacturing, and other uses which, in the opinion of the planning commision, are of a similar nature. Said uses shall be free of nuisance factors, such as, objectionable sights, sounds and smells. ~.45 Building height limit- fifty (50) feet. 4.46 Building site area required. For each main building- five thousand(5000) square feet. 4.47 Yard required: Sufficient yards shall be required as are deemed necessary for proper landscaping and off street parking. 4.48 Off-street perking required: General commercial, warehouse and storage, manufacturing or industry, minimum of one (1) space for each five(5)°regular employees and not less, in any case, than one (1) space for each two thousand (2000) square feet of ground or floor ar.~a used for warehousing,storage, manufacturing, processing, or related uses. 4.49 Loading and unloading space off-the-street shall be required according to the following formula: a. Storage, supply houses, warehouses, wholesale establishments, manufacturing or industrial establishments, and similar uses-minimum of one(l) space for each establishment and not less than one(l) space for each ten thousand (10OO) square feet of gros~ area (ground or floor) used for the listed or related uses. b. Retail stores, service establishments, and similar uses shall privide parking as provided in Section ~.11. SECTICN 5. GENERAL PROVISIONS AND EXCEPTIONS The regulations specified for t~s ordinance shall be subject to the following general provisions and exceptions: 5.1 Uses: (a) No theatre, circus, carnival, amusement perk, open air theatre, race trac~ private recreation cen~ers,or other similar establis~nnents, shall be established in any district unless and until a use permit is first procured for the est~bliskment, maintenance, and operation of such use~ (b) No dance ball, road house, niEht club, commercial club, or any establish- merit where liquor is served, or commercial ~,lace ~f amusement or recreation or any such place, or any !::lace, 'here e~tertainers are provided, whether as social companions or otherwise, shall be esDablished in any district closer than two hun4red (200) feet to the boundary of of any dwelling district, unless a use permit shall first have been procured for the establishment, m~intenance, and operation of such use. (c) Accessory uses and buildings in any C or M District may be permitted ~here such use or buildings are incidental to, and do not alter, the character of the premises in respect to their use for' arposes permitted in the dist~ rict. Such accessory buildings shall be ak±owsd only when constructed con- currently with, or subsequently to, the constr~?ction of the main building. (d) The removal of top soil, minerals, earth, and other natural materials, may be permitted ink,any district provided a use permit shall first be o~tained in each case. (e) The moving of any building into the city or within the city may be per- mitted in any district, provided a use permit s~all first be obtained in each case. 5.2 Height Limits: (a) Chimneys, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a use permit is first obtained in each case, (b) ~o fence, hedge, or screen planting of any kind shall hereafter be constructed or grown to exceed six (6) feet in height~provided that a one (1) foot baffle or louvre may be constructed in excess of said six (6) foot height,for wind deflection only),within any required side yard to the rear of the front line of any dwelling or ~long any rear property line, nor to exceed three (~) feet in heigno along the property line to the front, or the street side, of any dwelling or within twenty(20) feet of the street corner on any corner lot. Provided,~rther, that said six(6) foot fence,hedge, or screen plant- ing may be constructed or grown on the street side of any dwelling if required front and side setbacks are maintained. 513 Building Site ~rea: (a) Any lot or parcel of land under one o~nership and of record as of the 8th day of January,1945, and wbere no adjoining land is o~ed by the same person, may be used as a biulding site ~ven when of less area or width than that required by the regulations for the district in which it is located. 5.4 Yards: (a) Architectural features such as cornices, eaves, and canopies may not extend more than two (2) feet into any required side yard. (b) Open uncovered porches, l~nding places or out. side stairwacs may ore,act not more than two(2) feet into any required side yard, an~ not~e~ce~ding six (6) feet into any required front yard. This is not to be construed as prohibiting open porches or stoops no~ exceeding eighteen (18) inches in height and not approaching closer than eighteen (18) inches to any lot line. (c) ~enever an official plan line has been established for any street, required yards shall be measured from such line, and in no case shall the provisions of this ordinance be construed as permitting any encroachment upon any official plan lines. (d) In case an accessory building is attached to the main building, it shall be made structurally a part o~, and have a common wall with,the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. Unless so attached, an accessory building in an "R" District shall be located on the rear one-half(~) of the lot and at least ten (10) feet from any dwelling building existing or under con- struction on the same lot. Such accessory buildin~ shall not be located within five(5)feet of a~y alley or within five (5~ feet of the side line of the front one-half(½) of any adjacent lot~ and in the case of a corner lot~ shall not project beyond the front yard required or existin~ on the adjacent lot. o (e} ~Every building or portion thereof which is designed or used for any dwelling purpose in any "C" District shall comply with the provisions of this ordin- ance as to side yards which are required in "R" Districts; provided that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required. 5.5 Architectural Control: (a} In case an application is made for a permit for any building or structure in any "~-3 ","C",or "M" District, such application shall be accompanied by architect- rural drawings or sketches showing the elevations of the proposed building or str~cture and propose~ landscape or other treatment of the ~ grounds around such bu~ing or structure. Such drawings or sketches s~all be considered by the p~anning commission in an endeavor to provide that the architectural and general a~pearance of such buildings or structures and grounds be in keeping with the character of the neighborhood and that they may not be detrimental to the orderly and harmonious development of tue city or impai~ the desirability of investment or occupation in the heigh- borhood. (b) The planning commission may appoint an architectural committee of three (3) members. (c) lhe architectural committee shall have authority to ail. prove architec- tural s}~etches within the~ mea~in? of S~ction 5.5 of thi~ ordinance. (d) Ir~ case the applicant is not satisfied with the d=cision of the arch- itectural co~,~m~ittee, he may within fifteen(15) days after the decision of said committee, appeal in writing to the planning commission. The arch~ctectural co~mmittee may, if it de~ms advisable, refer any applica- tion for architectural approval to the planning commission for its decision. (e) In case the applicant is not satisfied with the actio~ of the planning commission, he may within thirty (30) days thereafter appeal in writing to the city council,and said council shall render i~s decision within thirty(30} days after the filing of such appeal. (f) No permit shall be issued in any casa hereinabove mentioned until such drawing~ and sketches have been approved by the planning commission,or by the city council in the event of appeal from the planning commision's decision, and all buildings, structures, and grounds shall be in accordance with the drawings and sketches. 5.6 Non-Conforming Uses: (a} The lawful use ~f land existing at the time of the adoption of this ordinance, although such use does mot conform to the regulations herein specified for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased,or be extended to occupy a greater area than that occupied by such use at the time of the adoption of this ordinance, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this ordinance for the district in which such land is located. No land used for greenhouse purposes may be extended or enlarged so that such ~reenhouses cover a greater aras than that occupied by such greenhouses at the time of adoption of this ordinance~ unless and until a use pe~it is first procured under the following conditions; 1. Said greenhouses may not in any case be allowed to expand more than double the area in use at the time of adoption of this ordinance. 2. No use permit may be granted where extension of such greenhouse will adversely affect the surrounding property and the general welfare of the area. (bi The lawful use ~of a building existing at the time of the adoption of this ordinance ~;~ay be continued although such use does not conform to the regulations specified for the district in which such building is located. (c) The non-conforming use of a portion of a building may be extended throughout the building provided that in each case a use permit shall first be obtained. (d) The non-conforming use of a building may be changed to a use of the same, or a more restricted nature provided that in each case a use permit shall first be obtained. (e) If the non-conforming use of a building ceases for a contim~ous period of six (6) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. (f) A non-conforming building damafed or destroyed by fire, explosion, earthquake, or other act to an ~xtent of more than iifty (50) percent of the appraised value ther~o~', accordihg to the assessor's records may be restored only ~f made to conform to all the regulations of the d~trict in which it is located provided that such building may be restored to a to,al floor area not exceedin~ t.hat of the former building if a use permit is first procured in each case. (g) Ordinary maintenance and repairs may oe made to any non-conforming building provided that no structural alterations are made and provided that such work does not exceed fifteen (15)percent of the appraised value in any one year period. Other repairs or alterations may be per- mitted provided that a use permit shall first be obtained in each case. (h) Nothing Contained in this ordinance shall be deemed to require any change in the plan~, construction, or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then in effect, and upon which actual construction has been started prior to %he effective d~te of this ordinance, provided that in all such cases actual construction shall be diligently carried on until completion of the building. SECTION 6. P~RMITS,VARIANCES AND ~[ENDI,'~NTS 6.1 Zoning permits: Zoning peraits shall be required for all buildings and struc- tures herinafter erected, constructed, altered, repaired, or moved within or into any district established by this ordinance, ~nd for theuse of vacant land or for a change in the character of the use of land, within any district established by this ordin- ance. Such permit may be a part of the building permit. 6.2 Use perm[ts: Use permits, revocable, c.anditional, or valid for a term period may be issued, or denied at the discretion of the planning commision,for any of the uses or purposes for which such permits are required or permitted by the terms of this ordinance. 6.21 Application: (si Applications for use permits may he made only by an interested party and shall be made to the pla~ning commision in writing on a form prescribed Uy the commission and shall b~ accompanied by plans and elevations necessary to show the detail of the proposed use or building. Such applications shall be accompanied by a fee of five dollars~'(.~5.00) each. 6.22 Public Hearings: (a) Nc ~uk=ic i~' ng need be held thereon, but the planning eol~mission may hold shy hearings it deems necessary. (b) In case a public hearing is deemed necessary, a notice of such hearing shall be nested on the property involved or adjacent thereto at least ten (18) days prior to such hearing. 6.2~ Action by Commission: (a) In order for it to grant any use permit the findings of the planning commission shall be that the establishment,maintenance,operation, or the use of the building for which a permit is so~ht,will not, under the circumstanees of the particualr case~ be detrime hal to the health~ safety~ peace,morals,comfort, and general welfare of persons residing or working in the neighborhood of such i:..oposed use,and will not be detr&mental or injurious to property and im- provements in the n~ighborhood or to the general welfare of the city. (b) The planning commission may designate such conditions, in connection with the issuance of a use permit~as it deems necessary to fulfill the purposes of this ordinance and may require reasonable guarantees and evidence that such conditions are. being,or will be, complied with. 6.2~ Appeal: (a) In case the applicant or any other person affected is not satisfied with the action of the planning commission,he may~ within five (5) days thereafter, appeal in writing to the city council. (b) The city council shall set a date for a public hearing and shall pos~ notices as set forth in Section 6.22 (b). Notice shall also be Kive~ to the planning commission of such appeal~ and the planning commission shall submit a report to the city council setting forth the reasons for action taken by the commission. In addition t~ planning commission may be represented at the hearing. (c) The city council shall render its decision within sixty (60) days after the filing of such appeal. 6.25 Effect: No building or zoning permit shall be issued in any case where a use permit is required by the terms of this ordinance until five (5) days after the granting of such use permit by the planning commission, or in the event of an appealto the city council, not until said appeal is concluded. In any event, no building or zoning per,it shall be issued except in accordance with the terms and conditions of the use permit gramted. 6.3 Variance and Appeals. Were p~actical difficulties, unnecessary hardships,and results inconsist- ent with the general purpose of this ordinance may result from the strict application of certain provisions thereof,variance permits may be granted as provided in this section. 6.~1 Application: (a) Applications for variance permits may be made only by an interested party and shall be in writing on a form prescribed by the planning commission and shall be accompanied by a fee of ten (~i~lO.OO~ and a written statement, plans and evidence showzing: 1. That there are exceptional or extraordinary circumstances or conditions applying to the land,building, or use referred to in the application, which circumstances or conditions do not ap[~ly generally to land,buildings or uses in the same district. 2. That the granting o? the application is necessary fop the pre- servation and enjoyment of subst~ntial property rigt~s of the petitioner. 3. That the granting of theapplication will not ~under the cir- cumstances of the particular case,materiaiiy affect adversely the i~ealth or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circum- stances of the particular case4 be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood. 6.32 Public Hearing: (a) A publid hearing shall be held within thirty (30) days after the filing of the application, notice of which shall be given by one (1) publication in a newspaper of general circulation in the city at least five (5) d~ys prior to such hearing and by posting notice on the property involved,or adjacent thereto, at least five (5) days prior to such hearings. 6.33 Action by Coramission: (a) After the conclusion of the public hearing, the planning commisio~ shall make written findings of facts showing whether the qualifi- cations under Section 6.31 (a) apply to the land, building, or use for which a variance is sought and whether such variance shall be in be in harmony with the general purpose of this ordinance. Such written findinzs of facts shall be submitted to the city council wi~.hin thiDty ~30) days after the public hearing and may include recommendations for such conditions as the planning co~rmission deems necessary to fulfill the purposes of this ordinance. 6.34 Action by City Uouncil (a) The city council si~=ilconsider the application far variance within thirty (30) days after the receipt of the planning conm~iseion's re~ort, and if the city council finds that the qualifications under Section 6.31 ~a) apply to the land,building,pr use for which $ variance is aou-~ht and that such variance is in harmony with the general purpose of this ordinance, said city council shall by resolution grant such variance. (~i The city council may designate such cGnditions in connection with the variance as it dee~s necessary to fulfill t)m purpOSesOf this ordinance and may require reasonable guarantees and evidence tlmt such conditions are being, or ~11 be, complied with. 6.4 Appeals: u.~l The planning commission shall have %he power to hear and decide appeals L.~sed on the enforcement or interpretations of ~he provisions of this ordinance. 6.~2 In case an applicant ia not satisfied with the action of the p~anning co~issi,)n on hie appeal he may within fifteen (1~) days thereafter,appeal in ~rrit- lng to the city council. 6.43 Notice shall be given to the planning commission of such appeal,and a written report shall be submitted by the planning aommission to the city council setting forth the reasons for action taken by the commission,and, in addition, the commission may be represented at the council hearing. 6.&& The city council shall render its decision ~thin thirty (30)days after the filing of such appeal. 6.5 Revocation of Permits and Variances: 6.)1 Any zoning permit~ use permit, or variance granted in accordance with the terms of this ordinance shall automatically be revoked if not used within one (1) year from the date of approval. 6.52 A~y zoufn~ permit, use permit, or variance granted in accordance with uarms of this ordinance may be revoked if any of the conditions or terms of such permit or variance ar~ violated or if any law or ordinance is violated in connection therewith. 6.53 'l~a planning commision shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10)days prior to the hearing and shall submit its recommend tions to the city council. The city council shall act thereon within thirty (30) days after receipt of the recommendatiuns of the planning commision. 6.6Amendments: This ordinance may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this section: 6.61 Initiation: (e) An amendment may be initiated by: 1. ~e verified petition of ohs or more oYmers of prope~'ty affected by the proposed amendment, which petition shall be filed with the plann- ing commission and shall be accompanied by a fee of fifty dollars :~50 00), no part of which shall be returnable to the petitioner; 2. Resolution of Intention of the city council; or by 3. Resolution of intention by the planning commission. 6.62 Public ~earinga: (e) ~%e planning co;~mission shall hold such public hearings as ar~ required by law, but the plannin~ co!nmission shall hold at least one (1) public hearing on any ~roposed amendment. Sai~ planning co:.lmission shall give hotice thereof by at least one (1) publication in a news?spar of ~en- oral circulation within the city at least ten (10) days prior to the first of such hearings. (b) In case the proposed amendment consists of a c~mnge of the boundaries of any district so as to reclassify property from any district to any other district, the planning commission shall give additional notice of t he time and place of such hearings and of the purpose thereof by pestin~ along the streets upon which the property proposed to be re- clsesi_ied abuts,at least three (3) public notices thereof not less than ten (10) days ?riot to the date of t~ first of such hearings. Each such notice shall consist of the words "Notice of Proposed Zoning Change', in letters not less than one (1) inch in height and, in addition thereto, a statement in small letters settin~ forth a. general description of the property involved in the proposed change of district, the tim~ and place at which the uublic hearinEs on the proposed chan~e ~ill be held, and any other i~formation which the planning co!~mission ~]ay dee~ to be advisable. (c) Any failure to post public notices as afores?id shall net invalidate any proceedings for amsn~nent 6f this zoning ordinance. 6.63 Action by Planning Commissi°n (a) Followin~ th~ aforesaid i~earing the p!~nnil~g co~mies~on eh~ll make e report of its findinz's and reco~%~end~tions with respect to the proposed amendment and shall file ¥;ith the city co~ncil an attested copy of such report within ninety days after the notice of the first of sPid bearings; provided that snch time limit may be extended upon the mutual agr.=ement of the parties having an interest in the procaed- in~s. ~'ai!ure of the plannin~ co[%missi~n to so ~eport withal ninety (~O) days without tb~ aforesrid agreement, sh~il be deemed to bs approval of the proposed a~nendment by 6.64 Action by the City ~ouncil: (e) Upon receip~ of such report from the planning commission or uponlthe expiration of such ninety (90) days as aforesaid, the city council shall set the matter for public hearing after notice thereof is given of the proposed amendment. After the conclusion of such hearing the city council may adopt the amendment, or any part thereof set forth in the petition, in such form as said council may deem to be advisable. (b) The decision of the city council shall be rendered within sixty (60) days after the receipt of the report and reco~endations from the planning commission or within sixty (60) days after the expiration of such ninety (90) days as aforesaid. SECTION 7. DEFINITIONS 7.1 For the purpose of this ordinance, certain terms msed herein are defined as follows: 7.11 "ALLEY"- Any public thouroughfare which affords only a secondary means of access to the block and to the abutting property. 7.12 "AUTOMOBILE COURT"- A group of two (2) or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accomodation of transient automobile travelers. 7.13 "BOARDING HOUSE"- A dwelling other than ~ hotel where lodging or lodging and meals for three (3) or more persons is provided for compensation. 7.14 "BUILDING"- Any structure having a roof supported by columns or by w~lls and designed for the shelter or housing of any pe~son,animal, or chattel. 7.15 "BUILDING,ACCESSORY"- A subordinate building, the~use of which is incident- al to that of the main building on the same lot or building site. 7.16 "BUILDING,MAIN- A building in which is conducted the principal use 'of the l~t or building site on which it is situated. · 7.17 "BUILDING SITE" - A lot or parcel of land, in single or joint ownership, and accupied, or to be occupied, by a main building and accessory buildings,or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this ordinance and having its principle frontage on a street, road, highway,or waterway. 7.18"BUSINESS,RETAIL" - The retail sale of any article, substance, or commo- dity for profit or livlihood, conducted within a building,but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind. 7.19 F3S~NESS,%%~OLESALE"- The wholesale handling of any article,substance,or commodity for profit or livlihood, but not including the handling of lumbe~· or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance. 7.20 "COMBINING DISTRICTm Any district in which the general district reg- ulations are combined with '~"for ~he purpose of adding additional special regulations. For example,"C-2" combined with ~H (C-2-H)adds the additional requirements of off- street parking. 7.21 -DISTRICT"~ A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this ordinance. 7.22 ""D%~LLING,ONE SINGLE FAMILY"- A building containing only one kitchen, designed for, or used to house, not more than one (1) family, including all necessary employees of such family. 7.23"D%~LLING,~?O FAMILY OR DUPLEX"- A building containing not more than two (2) kitchens designed, or used to house, not more than two [2) families, living independently of each other, including all mecessary employees of each such family. 7.2& "D¥~LLING,~,~LTIPLE" - A building br portion thereof used and designed as s residence for three (3) or more families living independently of each other, and doing their owm cooking in said building, including apartment houses, apartment hotels, and flats,but not including automobile courts. 7.25 "D%~LLING GROUPS"- A group of two (2)or more detached or semi-detached, 1-family,2-family, or multiple dwellings occupying a parcel of land, in one o%~nership and having any yard or court in common, but not including automobile courts. 7.26 "F~.SLY"- One (1)or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel,club,frat- ernity, or sorority house. A family shall be deemed to include necessary servants. 7.27"GARAGE OR CAR PORT',- An accessible and usable covered space of not less than l0 by 20 feet for storage of automobiles, such garage or car port to ~e so located on the lot as to meet the requirements of this ordinance for an accessory building, or if attached to the main building, to be so located as to meet the require- ments of this ordinance for a main building. 7.28 ,, GARAGE SPACE"- An accessible and usable space of not less than 8 by20 feet for the parking of automobiles off the street, sich space to be'~ocated on the lot as to meet the requirements of this ordinance for an accessory building. 7.29 "HEIGHT OF BUILDINGS"- The vertical distance fm m the average level o~the highest and lowest point of that portion of the lot covered by tim building to the topmost point of the rpo£. 7.30 "HOTEL"- Any building or portion thereof containing six {6) or more guest rooms used, designed, or intended to be used,let, or hired out to be occupied, or which are occupied, by six (6) or more individuals for compensation whether the compensation for hire be paid directly or indirectly. 7.31 "JUNK YARD"- The use of more than one hundred (lOO)square feet of the area of any .lot or the use of any portion of that half of any lot, which half ad- joins any str,~et,for the storage of junk, including scrap metals, salvage, or other scrap materials, or for the dismantling or "wrecking" of automobiAes,other vehicles, or machinery, whether for sale or storage. 7.32 "NON-CONFOP~IING USE"- A use that does not conform to the regulations for the district in which it is situated or exists. 7.33 "PAR~JING SPACE"- An accessible and usable space on the building site at least 8' by20' and located off the street with access for the parking of automobiles. 7.34"PROFESSIONAL OFFICE" - An office for the conduct of any one of the follow- ing occupations or uses: Accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, cosmetologist, dentist,doctor,funeraL parlor,insurance office,private detective, real estate office, social worker, or similar use; but not to.the following occupations or uses: Advertiser,barber shop, contractor, pest control,pharmacy, veterinary. 7.35 "ROOMINC OR BOARDING HOUSE"- A dwelling other than a hotel where lodging or meals,orboth, for three (3) or more persons are provided for compensation. 7.36 "SIDE AND FRONT OF CO~ER LOTS"- For the purpose of this ordinance the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side irrespective of the direction in which the dwelling faces. 7.37 "STREET" - A public or private thouroughfare which affords the principal means of access to a block and to abutting property, including avenue,place, way, drive,lane,boulevard,highway,road, and any other thoroughfare,except an alley as defined herein. 7.38 "STREET LINE" - The boundary between a street and property. 7.39 "STRUCTURE"- Anything constructed or erected,the use of which required location on the ground or attachment to something having location on the ground. 7.~0 "STRUCTURAL ALTERATIONS" - Any change in the supporting members of a building, such as bearing walls,columns, beams, or girders. 7.41 "TRAILER COURT"- Land or premises used or intended to be used,let,or rented for occupancy by or of trailers or movable dwellings,rooms,or sleeping quarters of any kind. 7.42 "USE"- The purpose for which land or premises of a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained. 7.43 "USE-ACCESSORY" - A use incidental and accessory to the principal use of a lot or a building located on tl~ same lot. 7.44 "YARD"- An open space other than a court on the same lotwith a building, which open space is unoccupied and unobs[ructed from the ground up~ard, except as otherwise permitted in Section 5.4. 7.45 "YARD-F~ONT" - A yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building; provided that if any building line or official plan line has been e§tablished for the street upon which the lot faces, then such measurement shall be taken from such building line or of Jicial plan line to the neerest line of the building. 7.46 "YARD-REAR"- A yard extending across the full ~dth of the lot and megsured between the rear line of the lot and the nearest line of the main building. 7.&7~ "YARD-SIDE" - A yard between the side line of the lot and the nearest line of the building and extending from th~ front line of the lot to the rear yard. SECTION 8. INTERPRETATION 8.1 ~%~en interpreting and applying the provisions of this ordinance, they shall be held to the minimum requirements adppted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein pro- vided, it is not intended by the adoption of this ordinance to repeal, abrogate, annul, or in any way to impair or intefere with any existing provisions of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or !~sued pursuant to law relating to the erection, construc- tion,establishment,moving.~.alteration,or enlargement of any building or improvement; nor is it intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided however, that in cases in which this ordinance imposes a greater restriction upon the erection, construction, establishment, moving, alteration, or enlargement of buildings or the use of any such building or premises in the several districts,hereby established, or %ny of them, than is imposed or required by any existing provisions of law or ordinance or by any rules,regulati~ns or permits, or by any easements, covenants, or agreements,then in such c~%se the pr~visions of this ordinance shall control. * in SECTION 9. ENFORCEmeNT, PENALTIES, AND LEGAL PROCEDURE . 9.1 A]~ departments, official, and public employees of the City of South San Francisco v~st.ed ¥~th the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this ordinmuee; and any such permit or license issued in conflict with the provisions of this ordinance shall be null qnd void. It shall be the duty of the building inspector of the city to enforce the provisions of this ordinance pertaining to the erection,construction, reconstruct- ion, moving conversion, alteration, or addition to,or of, any building or strncture. 9.2 Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any on the provisions of this ordin- ance,shall be guilty of a misdemeanor and,upom conviction thereof,shall be punishable by a fine of not more than thre hundred dollars(~3OO.OO)or by imprisonment for a term not exceeding one hundred fifty (150) days or by both such fine and imprisonment.Such person, firm,or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed or continued by such person, firm, or corporation, and shall be punishable as herein provided. 9.3 Any building or structure set up,erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this ordinance, and any use of any land, building or premises established, conducted,operated, or maintained contrary to the provisions of this ordinance , shall be, and the same is hereby declared to be, unlawful and a public nuisance; and the city attorney of said city shall,upon order of the city council, immediately commence action or proceedings for the abate- ment and removal and enjoinment thereof in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such boilding or structure, and restrain and enjoin any pemson, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this ordinance. 9.4 The remedies provided for herein shall be cumulative and not exclusive. SECTION 10. REPEALING 10.1 Ordinance No.269 and all amendments thereto, are hereby repealed, and all other ordinances and parts of ordinances of said city in conflict with this ordinance, to the extent of such conflict and no further, are hereby repealed, provided that nothing contained herein shall be deemed to ~epeal or amend any ordinance of s~id city requiring a permit or license, or both, to cover any business, trade, or occupation. SECTION 11. VALIDITY 11.1 If any section,subsection, sentence, clause or ~hrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. ~The city council hereby declares that it would have passed this ordinance and each section, subsection,sentence, clause, and phrase hereof, irrespective of the fact that aKy one or more sections, subsections, sentences, clauses, or phrases be declared to be invalid. SECTION 12. REFERENCE 12.1 This ordinance shall be known and cited as the "Zoning Ordinance of theCity of South San Francisco". ReferenDa to secti,~n numbers herein are to the sections of this ordinance. SECTION 13. PUBLICATION 7~D EFFECTIVE DATE. 13.1 The city clerk of the City of South San Francisco is hereby directed to cause this ordinance to be published once, as required by law, and it shall take affect thirty (30) d~ys following its adoption. Introduced this 3rd. day of August, 1954. Passed and adopted as an ordinance of the City of South San Francisco, at a regularly adjourned meeting of the city council of the City of South San Francisco, held on the lOthday of August, 1954, by the following vote: AYES, Councilmen, NOES, " ABSENT " John Noonan, Francis Lucchio, George Boswmrth, Telford Smith None Emilio Cortesi APPROVED: Telford L. Smith Rlayor of t~--~{~'-6~South San Francisco ATTEST: Arthur A. Rodondi ~-lerk