HomeMy WebLinkAboutOrdinances - No. 4691
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ORDINANCE NO. 469
(As Amended by Ordinance Nos. 509, 559# 566, and 563)
(Repealing Ordinance No. 238)
ZONING ORDINANCE
C ITrA OF COD1 =
Adopted November 19, 1952
SAN JOAQUIN COUNTY
CALIFOHMIA
CITY OF LODI. CALIFORNIA
ZONING ORDINANCE NO. 469. AS ANENDED
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3 509. 559. 566 and 583 .
Adopted November 19. 1952. as the Official Plan of
Land Use and as a Precised Portion of the Plster
Plans for the Physical Development of the City of
Lodi. California . Amended by Ordinance Numbers
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&O Title
INDEX OF SECTIONS
Se ot ion Page
7 Preamble .............................................. 3
gl . Title ................................................. 3
92 . District Map ........................................... 3
103 . Definitions ........................................... 3
114 . Districts - Boundaries ................................ 7
125 . R-1 Residence District - One Family ...................
136 . R-2 Residence District - One Family ................... 9
147 . R-3 Residence District - Limited Multiple Family ...... 9
158 . 8-4 Residence District - Multiple Family - Institutional 10
169 . C-1 Commercial District - Neighborhood ................ 11
i$O . C-2 Conlmercial District . General & Central ........... 12
1B1 . M Industrial Distriot ................................. 13
182 . General Provisions and Exceptions ..................... 14
2D3 . Non-Conforming Buildings and Uses ..................... 19
2&,4 . Adjustments and Use Permits ........................... 20
235 . Building Permits and Plats ............................ 23
286 . Certificate of Occupancy .............................. 23
2B7 . Approval of Plans ..................................... 24
228 . Amendments ............................................ 24.
289 . Rules and Regulations ................................. 26
2% . Interpretation - Purpose - Conflict ................... 26
2@1 . Enforcement - Penalties - Legal Procedure ............. 26
222 . Conflicting Ordinances ................................ 27
3@3 . Validity .............................................. 27
324 . Enactment ............................................. 27
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ORDINANCE NO. 4.69
AN ORDINANCE TO REGULATE, RESTRICT AND SEGREGATE
THE LOCATION OF INDUSTRIES, BUSINESSES, TRADES,
APARTWNTS DWELLINGS AND OTHER SPECIFIED USES, I
TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILD- 2
IHGS HEREAFTER ERECTED; TO REGULATE AND DETERMINE 3
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THE AHEA OF YARDS AND OTHER OPEN SPACES; FOR SAID PUR-
POSES TO DIVIDE THE CITY INTO DISTRICTS; TO PROVIDE;
FOR ENFORCEPENT AND PIBSCHIBE PENALTILES FOR THE
VIOLATION OF ITS PROVISIONS; AND TO REPEAL ORDI-
MANCE NO. 238 AND ALL OTHER ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH IN SO FAR AS SUCH
CONFLICT MAY EXIST. (AS AMENDED BY ORDINANCE NOS.
509, 559, 566, and 583.
WHEREAS, The City Council of the City of Lodi, California,
deems it necessary in order to seclure safety from fire and other
dangers; to promote the public health and welfare; to secure
provision for adequate light and air and reasonable access;
to conserve the value of property and encourage the most
1V AI appropriate use of land throughout the city in accordance with
a comprehensive plan,
THEREFORE. THE CITY COUNCIL OF THE CITY OF LODI WES ORDAIN AS
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20 FOLLOWS :
21 SECTION 1, TITLE
22 This ordinance shall be known as the "Zoning Ordinance,n
n? rcJ may be cited as such, will be referred to hereinafter as "this
24 Ordinance,
shall refer to sections or portions of this Ordinance.
and sections or portions hereinafter referred to
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27 SECTION 2. DISTRICT MAP
28 There is hereby adopted and established an Official District
29Map of the City of Lodi designated as Exhibit "A" to this Or-
30dinance and made a part thereof, the said Nap and Ordinance
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being adopted for the general purpose set forth hereinabove.
SECTION 3. DEFINITIONS
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2and words are defined as follows:
anumber include the plural and vice-versa:
4present tense include the future tense; the word "lot" includes
5 the word rrplotfl; the word "building" includes the word "structure";
6the word "shall" is mandatory and not directory; the word
7"o~cupied~~ includes the words "arranged or designed for" or
For the purpose of this Ordinance certain terms, phrases
Words used in the singular
words used in the
8"intended to be occupied"; the term "City Council" means the
9City Council of the City of Lodi, and the word "Planning Com-
10mission" means the City Planning Commission of Lodi.
11 SEBTION 3.1, ACCESSORY BUILDING OR USE: A building, part
120f a building, or a use which is subordinate to, and the uses
13which are conducted therein are incidental to, those of the main
14building or use on the same lot?
15 SECTION 3,2, ALLEY: Any public thoroughfare €or the use
160f pedestrians and/or vehicles wh
lyondary means of access to abutting property.
18 SECTION 3.3. APARTMENT: A room or suite of two or more
19rooms in an apartment house or dwelling which is occupied by
20one family doing its cooking on %he premises. For APARTBENT
21 HOUSE see DWELLING, MULTIPLE.
22 SECTION 3.4. AUTOMOBILE CAMP: Land or premises occupied
23 by campers or tourists traveling by automobile or otherwise,
240. by trailer, tents, or moveable or temporary dwellings, rooms,
250, sleeping quarters of any kind, including trailer camps or
affords typically a sec-
26 courts.
27 SECTION 3.5. AUTOMOBILE COURT: A group of attached or
Z8 detached buildings containing individual sleeping or living
29 units, occupied temporarily by automobile tourists or transients,
30 with garage attached or parking space conveniently located for
31 each unit, including tourist courts or motels.
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SECTION 3.6. AUTOMOBILE WRECKING: See Junk Yard.
SECTION 3.7, BASEMENT: A story partly underground and
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having at least one-half of its height above grade. A basement
shall be cbunted as a story if the vertical distance from grade
to the ceiling is over six (6) feet or if used for business
purposes, Qr for dwelling purposes by other than a janitor or
domestic servants, including the family of the same.
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SECTION 3.8, BLOCK: That property abutting on one side
6f a street and lying between the two nearest intersecting or
intersepting streets, or nearest intersecting or interoepting
streets and railroad right-of-way or waterway or unsubdivided
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acreage.
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SECTION 3.9. BOARDING HOUSE: A building other than a
hotel, containing not more than five (5) sleeping rooms, where
lodging and meals for five (5) or more pereons are provided
for compensation.
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SECTIOPJ 3.10. BUILDING: Any structure for support,
shelter or enclosure of persons, animals, chattels or prop-
erty of any kind. 17
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SECTION 3.11. BUILDING, HEIGHT OF: The vertical distance
from the grade to the highest point of the coping of a flat
roof, or to the deck line of a mansard rwf, or to the average
height of the highest gable of a sloping roof.
SECTION 3.12, BUILDING, MAW: A building in which is
conducted the principal use of the lot upon which it is situ-
ated. In any Residence District any dwelling shall be deemed
to be the main building upon the lot.
SECTION 3.13* BUILDING SITE: A lot or lots under one
ownership, or such land area as may be required herein for build-
purpose s .
SECTION 3.14. BUSINESS OR COMMSRCE: The purchase, sale,
or other transaction involving the handling or disposition of
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any article, substance or commodity or service for profit or
livelihood, including office buildings, offices, recreational
or amusement enterprises.
A SECTIOX 3 15, BUNGALOW COURT : See Dwelling Group.
2 SECTION 3.16. CELLAR: A story wholly or partly under-
ground and having more than one-half (&) of its height below
grade. A cellar shall be counted as a story if the vertical
distance from grade to the ceiling is over six (6) feet.
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SECTfOW 3.17. CLUB: An association of persons for some
common non-profit purpose, but not including groups organized
primarily to render a service which is customarily carried on 8
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as a business. PO SECTION 3.18, COURT: An open, unoccupied place or space,
11 other than a yard on the same lot with a building or buildings
and which is bounded on one (1) or more sides by such building
or buildings, including the open space in a bungalow court or
court apartment providing access to the units thereof.
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SECTION 3 .lg. DWELLING, ONE-FAMILY: A dcf,ached building
occupied by one family exclusively.
SECTION 3,2O, DWELLING, TWO-FAMILY: A buidding occupied
by two families exclusively, living independently of each other.
SECTION 3.21. DWELLING, MULTIPLE: A building or portion 20
21 thereof occupied as a residence by three (3) or more families
living independently of each other, including apartment build- 22
SECTION 3.22. DWELLING GROUP: A group of two or more de- 24
25 tached or semi-detached one-family, two-family or multiple
family dwellings occupying a parcel of land in one ownership
and having any yard or court in common, including bungalow
courts and apartment courts, but not including automobile camps.
SECTION 3.23. FAIILY: One or more persons occupying a
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from a group occupying a boarding house, lodging house, or
hotel, as herein defined,
the necessary servants,
A family shall be deemed to include
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28whatsoever, including the operation of stables.
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30dred (200) square feet of the area of any lot or of any portion
SECTION 3.24, GARAGE, PRIVATE : A detached accessory
building or portion of a main building for the parking or %em-
porary storage of automobiles of the occupants of the premises.
SECTXON 3.25. GARAGE, PUBLIC : A buibd,ing other than a
private garage used for the care, repair or equipment of auto-
mobiles, or where such vehicles are parked or stored for re-
muneraCion, hire or sale,
SECTION 3.26. WEST HOUSE: Living quarters within a
detached accessory building located on the same premises with
the main building, for the use by temporary guests or servants
of the occupants thereof; such quarters have! no kitchen facili-
ties and not rented or otherwise used as a ssparate dwelling.
SECTION 3.27. HOME OCCUPATION: Any use customarily con-
ducted entirely within a dwelling and carried on only by the
inhabitants thereof, without assistants, which 'me is clearly
incidental to the use of the premises and building for dwelling
purposres and does not change the character thereof. Clinics,
hospitals, barber shops, beauty parlors, real e state offices
and animal hospiials shall not be deemed to be home occupations.
SECTION 3.28. HOTEL: A building occupied as the more or
less temporary abiding place of individuals who are lodged
with or without meals and in which there are more than five
(5) sleeping rooms usually occupied singly and no provision
is made for cooking in any individual room or suite.
SECTION 3.29. INDUSTRY: The storage, repair, manufacture,
preparation or treatment of any article, substance, or commodity
SECTION 3.30. JUNK YARD: The use of more than two hun-
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of the front half of any lot for the storage of junk, including
scrap metals or other scrap material, and/or for the dismantling
or "wrecking" of automobiles or other vehicles or machinery.
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SECTION 3.31, LOT: Land occupied by a building and its
accessory buildings, or by a dwelling group and its accessory
buildings, together with such open spaces as are required
under the provisions of this Ordinance, having not less than
the minimum building-site area as required in the several
districts, and having its principal frontage on a street.
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SECTION 3.32. LOT OF HECORD: A parcel of land held in
separate ownership as shown on the County Assessor's records
at the time of the passage of this Ordinance,
SECTION 3.33. LOTS, TYPES OF: A COWER LOT is a lot not
greater than one hundred (100) feet in width and located at the
junction of two or more streets. A ,%VERSED CORNER LOT Is a
corner lot which ream upon the side of another lot, whether
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across an alley dr not.
A THROUGH LOT is a lot, interior or corner, having frontage
All other lots are INTERIOR LOTS. 15
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upon two para1l.d or approximately parallel streets. 17
SECTION 3.34. LOT AREA: The total horizontal area in- 18
cluded within lot lines, including one half, but not exceeding 19
ten feet of the width of any alley or portion thereof abutting 20
upon such lot, The terms "lot width" and "lot depth" shall 21
mean the average horizontal distances measured between the side 22
C'dJC
lines of the lot, or from the front lot line to the rear lot
line, as the case may be. Lot lines are the lines abounding
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a lot as herein defined; provided that in case of doubt the
front, side and rear lot lines shall be determined by the
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Planning Commission, 27
SECTION 3 03 5. NOM-CONFORMING BUILDING : A building or 28
portion thereof lawfuLly existing at the time of the passage 29
of this Ordinance, which was designed, erected or structurally 30
altered for a use which does not conform to the use regulations 31 of the district in which it is located, or a building which 32
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does not conform to all the height or area regulations of the
district in which it is located.
SECTION 3.36. NON-CONFOHE.1IMG US: A use which lawfully
occupied a building or existed on premises at the time of the
passage of this Ordinance and which does not conform to the
use regulations of the district in which it is located,
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SECTION 8.37. STABLE: A PRIVATE STABLE is an acces,sory
building in which not more than three (3) horses are kept. A
stable with a capacity of more than three 13) horses shall be
considered as B FUBLIC STABLE.
SECTION 3.38, STORY: That portion of a building included
between the surface of any floor and the surface of the floor
next above it, or the ceiling riext above it, if there be no
floor,
exterior sides meeting a sloping roof not more than two feet
above such floor.
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A HALF STORY is a story with at least two opposite
SECTION 3.39. STFiEET: A public or private thoroughfare
more than twenty (20) feet wide, dedicated as such or condemned
for use as such, which affords the principal means of access
to abutting property.
tween the street and abutting property.
A STREET LINE: is the boundary line be-
SECTION 3.40. STRUCTURE: Anything constructed or erected
and the use of which requires permanent location on the ground,
but not including walls, or fences less than six feet high, or
pesg@h,s w lath houses or other minor improvements.
SECTION 3.4,l. STRUCTURAL ALTERATIONS: Any change tending
to prolong the life of the supporting members of a building,
such as bearing walls, columns, beams or girders.
SECTION 3.42. TRAILER: A vehicle without motive power,
designed to be drawn by a motor vehicle and used for human
habitation or carrying persons.
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SECTION 3.43. USE: The purpose for which premises or a
building thereon is designed, arranged or intended, or for which
it is or may be occupied or maintained, Any agricultural use
of prerniseer in any Residence District shall be deemed to be a
use which is aacessory to the use of the said premises for
residenrre purposes.
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SECTLON 3.44. YARDS: Open spaces on the same lot with
a bufldfng and open and unobstructed from the ground upward,
except as otherwise herein provided. A FRONT YARD is a yard
extending across the front of the lot between the inner side
yard lines and measured between the front lot line and either
(a) the nearest line of the main building, or (b) the nearest
line of an enclosed or covered porch.
between the building and the side lot line and extending from
the street lfne to the rear yard and having a widtih equal to
the shortest dfstance between the building and the side lot
line.
lot line (not a street line) throughout the entire width of the
lot.
A SIDE YARD is a yard
A REAR YARD is a required yard extending along the rear
SECTION 4. DISTRICTS - BOUNDARIES
In order to classify, regulate, restrict and segregate the
use of land and buildings, and to regulate and restrict the
height and bulk of buildings, and to regulate the area of yards,
courts and other open spaces about buildings, certain districts
are hereby established and certain general regulations are
hereby adopted pertaining thereto.
SECTION 4.1. DISTRICTS: The City of Lodi is hereby
divided into districts to be known as follows:
R-1 HESIDENCE DISTRICT - ONE FAMILY
R-2 MSIDENCE DISTRICT - ONE FAMILY (Smaller lots).
R-3 RESIDENCE DISTRICT - LIMITED MULTIPLE FAMILY.
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R-4 RESIDENCE DISTRICT - E.IULTIPLE-FAf~I1LY-INSTITUTIOI'lAL
C-1 COMMERCIAL, DISTRICT - NEIGHBORHOOD
C-2 CO&@ERCIAL DISTRICT - GENERAL & CENTRAL
Es INDUSTRIAL DISTRICT 1
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The above listed classifications and districts and the
boundaries thereof are delineated upon the aforesaid District
Map of the City of Lodi attached and endorsed as Exhibit nA"
hereto and made a part hereof.
Ordinance with respect to the several district delimated there-
on, together with all references and information shown thereon,
are hereby established and declared to be in effect upon all
lands included within the boundaries of the several districts
delineated upon said District Map.
A11 the regulations of this
SECTION 4.2. ANNEXED TERRITORY: In the event that any
territory is hereafter annexed to the City of Lodi the said
territory shall, as of the effective date of such annexation,
be automatically added to the aforesaid District Map, and be
classed as lying either i.n the most restrictive Residence
istrict or in such other appropriate District or Districts
s inay be determined by official action of the City Council la
to become effective coincident with the effective date of such
annexation, until such classification shall be thereafter changed
and amended under the procedure hereinafter provided.
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SECTiION b.3. BOUNDARIES OF DISTRICTS : Where uncertainty
exlsts as to the boundaries of any district on said map, the
following rules shall govern:
(a) Where such boundaries are indicated as approximately
following street or alley lines, such lines shall be construed
to be such boundaries. 27 I
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(b) In the case of unsubdivided property and where a
district boundary divides a parcel of property in one ownership,
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the locations of such boundaries shall be determined from the
scale appearing on the map.
(c) Where a public street or alley is officially vacated, 1
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the regulations of abutting properties shall apply to such
vacated street or alley after being added to said properties.
(d) In case of further uncertainty the Planning Commission
shall determine the location of such boundaries.
SECTION 4,4. GENERAL REGULATIONS OF DISTRICT: Except
as otherwise hereinafter provided, the following shall apply to
any district established by this Ordinance :
(a) No building shall hereafter be erected, nor shall
any existing building be moved Tnto, reconstructed, structurally
altered, or enlarged, nor shall any land, building or premises
be used for, or designed to be used for, such purpose, or erected
or placed in such manner, as to be contrary to any of the use,
height, building-site , area, or other regulations hereinafter
specified for the district in which such land, building or
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remises are located. 18
(b) lo required yard or open space provided about any 17
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building shall be considered as providing a yard or open space
for any other building on the same lot or on the adjoining lot.
(c) Every building hereafter erected shall be located
on a lot as herein defined, and In no case shall there be more
than one main residential building on a lot, except that a
unit group of dwellings or‘ court apartments may be considered
as one main residential building, and except as otherwise here-
inafter provided.
SECTION 5. R-1 RESIDENCE DISTRICT - ONE FANILY
The following regulations shall govern except as otherwise
SECTION 5.1. USES PERMITTED:
1. One Family Dwellings
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2. Farming and Gardening.
3. Any of the following uses subject to the securing of
a use permit Pn each case: Schools, Parks, Playgrounds,
Community Centers, Churches, Museums or Libraries or similar
institutional buildings of a non-profft nature.
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4. Accessory Buildings on the same lot with any of the
above uses, including one private garage, such accessory build-
ings being subject to the regulations provided in the General
Provisions and Exceptions, No lot in this district shall be
used solely for such accessory buildings,
5. Home Occupations of a personal service nature, as
herein defined, when conducted within a dwelling with only
ordinary home facilities and/or equipment, and with no assistants
employed.
not be deemed to be home occupations permitted in this district.
Exterior signs shall not exceed two (2) square feet in area,
shall be non-illuminated and placed flat against the building.
Not more than one home occupation shall be permitted in a
particular dwelling except after securing a use permit.
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Offices of practitioners of the healing arts shall
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SECTION 5.2. HEIGHT AND AREA:
1. Building-Height Limit: Two (21 stories, and not to
exceed 35 feet.
2. Building-Site Area Required: The minimum lot area
for each one-family dwelling and its accessory buildings shall
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vided these limits shall not be deemed to prevent the erection
of a dwelling on "lots of record" of less than these dimensions,
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In no case shall there be more than
one lot.
SECTION 5.3. MINIMUM YARDS:
1. Front Yard: Not less than
front line of the main building and
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one (1) dwelling on any
twenty (20) feet to the
not less than twelve (12)
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feet to the front line of the uncovered porch or paved terrace.
See General Provisions and Exceptions for cases where at least
forty (40) per cent of a block is developed with buildings,
(Amended 6/6/56, Ord. 559) 1
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2. Side Yard: A minimum of five (5) feet except that for
corner lots the side yard on the street side shall be increased
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to a minimrum of ten (10) feet unless paragraph 5, Section 12.4
3pplies. (Amended 9/5/56, (3rd. 566)
3. Rear Yard: The depth of the rear yard shall be not
less than ten .l8l0) feet for lots of one hundred (100) feet or
less in depth, and not less than fifteen (15) feet for lots of
greater depth, except that for corner or reversed corner lots
the rear yard may be reduced to seven and one-half (75) feet,
or to a minimum of five (5) feet when the lot rears upon an
alley,
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13 - 4. Lana Coverage; The above minfmum yards shall be in-
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coverage of the main building and its accessory buildings exceed
forty (k0) per cent of the area of the building-site.
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SECTION 5.k. CHANGE TO R-2 DISTRICT BY ADJUSTMENT:
1. When the ownership of acreage property located in an
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R-1 District records a subdivision map of said property for
residential development after approvals by the Planning Com-
mission, and if the lots in the said subdivision meet the re-
quirements of the R-2, buC not the R-1 District as to building-
site areas, the blocks in the said subdivision may be changed
to an R-2 District as an adjustment under the provisions of
Section 14.
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owner of the said subdivision or by the Planning Commission. 27
SECTION 6,
The following regulations shall govern except a s otherwise
R-2 RESIDENCE DISTRICT .. ONE FAMILY 28
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provided in Section 12 herein. 30
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SECTION 6.1. USES PERNITTED:
1. 813. uses permitted in the R-1 District as provided
in Section 5.1, with the same regulations applicable thereto,
except as hereinafter provided. 1
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2. Two-Family Dwellings on corner lots or on lots siding
against a 'Commercial or Industrial District, provided such lots
are at Least 6,000 square feet in area and sixty (60) feet in
width.
SECTION 6.2. HEIGHT AND AREA:
1. Biilding-Height Limit: Same as in the R-1 Distr$ai&
as provided in Section 5.2,
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for each 10
"be 5,000
"provided
erection 13
djmsnsions, In no case shall there be more than one (1) 14
Building-Site Area Required:
one-family dwelling and its accessory buildings shall
square feet with a lot width of at least 50 feet,
these limits shall not be deemed to prevent the
of a dwelling on "lots of record" of less than these
The minimum lot area
15 dwelling on any one lot.
SECTION 6.3. MINIHUM YARDS:
1. Front Yard: Same as in the R-1 District as provided 17
ia in Section 5.3.
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2. Side Yard: Same as in the B-3 District as provided
in Section 5.3. (Amended 9/5/56, Ord. 566)
3. Rear Yard: Same as in the R-1 DistriGt as provided
in Section 5.3. -. 23
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4. Land Coverage: Same as in the R-1 District as provided
in Section 5.3.
25 SECTION 7. R-3 RESIDENCE DISTRICT -
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LIMITED MULTIPLE FAMILY -_ The following regulations shall govern except as otherwise
provided in Section 12 herein, 28
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SECTION 7 1. USES PERMITTED :
1. All uses permitted in the H-2 District as provided in
Section 6.1, with the same regulations applicable thereto,
except that the uses liated under Section 5.1 paragraph 3 shall
be permitted without the requirement for securing a use permit,
and excepc as hereinafter provided.
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2. Multiple-Family Dwellings and Dwelling Groups with a
maximum of four (4) families on a lot of minimum widch, and
subject to the area limitations hereinafter prescribed,
3.
4.
Private Schools and Nurseries (not plant).
The following additional uses subject to securing a
use permit in each case:
(a) Offices of Practitioners of the Healing Arts Licensed
under laws of the State of' California, provided that: (1) There
shall be not more than two (2) such practitioners in any one
building; (2) Signs shall be Limited as for home occupations;
and (3) Such offices shall not be located in any building
containing living quarters for occupancy by persons other than
the practitioners or their families or employees.
(b) Rest Homes and State Certified Family Plan Homes with
a capacity for not more than five (5) persons to be admicted
19 as guests or boarders. - 20
21
(e) Beauty Parlors with a maximum of two (2) operators.
SECTION 7.2. HEIGHT AND AHEA:
1. Building-Height Limit: Same as in the H-1 District
23 ..
' as provided in Section 5.2,
24
25
2. Building-Site Area Required: For the various types of
buildings permitted the provisions shall be as follows: -- 26
27
(a) For One Family Dwellings: A minimum of 4,000 square
.- . feet and forty (40) feet in width for each main
28
29
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building and its accessory buildings.
-14-
(b) For l=fultiple-Family or Group Dwellings: A minimum
of 3,000 square feet per family in lot area with a
width of fifty (50) feet for each such building or
dwelling group and its accessory buildings. 1
2 - SECTION 7.3. MINIMUM YARDS:
3 1, Front Yard: Not less than fifteen (15) feet to the
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front line of the main building and not less than seven (7)
feet to the front line of an uncovered porch or paved terrace,
except that any car port or garage must be set; back not less
than twenty (20) feet. See General Provisions and Exceptions
for cases where at least forty (40) per cent of a block is
developed with buildings, (Amended 6/6/56, Ord. 559)
2. Side Yard: A minimum of four (4) feet except that
for corner lots the side yard on the street side shall be
increased to a minimum of eight feet unless paragraph 5,
Section 12e4 applieso (Amended 9/5/56, Ord. 566)
3. Rear Yard: The depth of the rear yard shall not be
less than ten (3.0) feet for lots of one hundred (100) feet or
less in depth, except as provided in Section 5.3 for corner
or reversed corner lots.
4. Land Coverage: The above minimum yards shall be in-
creased where necessary such that in no case shall the maximum
coverage of the main buildfng and its accessory buildings
exceed fifty (50) per cent of the area of the building-site.
SECTION 8. R-4 RESIDENCE DISTRICT -
MULTIPLE FAMILY - INSTITUTIONAL
The following regulations shall govern except as otherwise
provided in Section 12 herein.
SECTION 8.1, USES PERMITTED:
1. All uses permitted in the R-3 District with the same
regulations applicable thereto, except as hereinafter provided.
30
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32
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2. Offices of Practitioners of the Healing Arts under the
regulations of the R-3 District, except that the number of
practitioners in one building may be increased to a maximum of
four (4).
1
2
3 3. Evfultiple family dwellings, bungalow courts, and dwelling
4groups*
4. Hotels, boarding and lodging houses; with incidental
1/5business permitted there\iri I for the sole convenience of the 6
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occupants of the building.
5: Private clubs, lodges, fraternities and sororities,
community centers, except those organizations the chief activity
of which is a service customarily conducted as a business.
6.
7.
Institutions of an educational or philanthropic nature.
Nurseries and greenhouses for the propagating and
cultivating of plants.
8. Accessory buildings and uses located on the same lot
and not involving the conduct of a business, including garage
or parking space as provided hereinafter.
9. The following uses subject to the securing of a use
permit in each case: Automobile Camps or Courts; Storage Garage
or open air parking space; Hospitals, rest homes sanitariums,
clinics, and other buildings for the treatment of human ail-
ments except mental disorders; Tea Rooms; Barber Shops or
Beauty Parlors.
SECTION 8.2. HEIGHT AND AREA:
1. Building-Height Limit: Four (4.) stories, and not to
exceed sixty (60) feet;.
2. Building-Site Area Required: For the variou's types of
buildings permitted the provisions shall be as follows:
(a) For one-family dwellings the minimum lot size shall
be at least; 2,800 square feet.
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1
2
5
4
5
6
7
8
9
10
11
,
(b) For two to four-family dwellings the minimum lot size
shall be at least 1,600 square feet per family.
For multiple-family dwellings containing in excess
of four families, or for dwelling groups the minimum
lot size per family shall be at least 800 square feet
per family, except that for apartments of two (2)
rooms or less the lot size per family for such
apartments may be reduced to 400 square feet,
For other permitted types of buildings the minimum
lot size shall be sufficient to provide the yard
areas and parking spaces hereinafter specified for
the several types of buildings.
(c)
(d)
SECTION 8.3. MIMINUM YARDS:
1.. Front Yard: Not less than fifteen (15) feet to the 12
13
front line of the main building or covered porch. See General
Provisions and Exceptions for cases where at least forty (40)
per cent of a block is developed with buildings.
14
15
16 2. Side Yard: Same as in the R-3 District as provided
in Section 7.3 except that when a building exueeds two (23:
stories in height an additTom2 two (2) feet shall be required
for a side yard for each stiory in excess of two (2) stories,
(Amended 9/5/56, Ord. 566) .
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3. Rear Yard: The depth of the rear yard shall be not
less than ten (10) feet, except that when the lot rears upon
an alley the said yard may be reduced to not less than five
(5) feet. See Section 12.4 for corner or reversed corner lots.
4. Land Coverage: The above minimum yards shall be in-
creased where necessary such that in no case shall the maximum
coverage of the main building and its accessory buildings exceed
sixty (60) rjer cent of the area of the building-site.
SECTION 9. C-1 COMBERCIAL DISTRICT - NEIGHBORHOOD
The following regulations shall govern except as otherwise
provided in Section 12 herein.
32 -17-
SECTION 9.1. USES PERMITTED!
1. All uses permitted in the R-4 District with the same
regulations applicable thereto, except as hereinafter provided. 1
2
3
I 2. Any retail business, trade, commercial enterprise or
professional and business office use, undertaken for the purpose
of rendering neighborhood service, but excluding other businesses
of such character as are permitted in the C-2 Commercial District
or excluded therefrom.
I e
5
6
7
8
9
10
3. The general type and character of business uses per- I
~ mitted herein nnd hereafter in Section 10 for the C-2 Commercial
I District shall by subseiuent action be supplemented and arnpli-
fied by a list of spscggiu busine6ses and enterprises of types
comparable to the general type and character of business uses
herein set forth, which list shall be adopted by a resosution
11
12
of the Planning Commis~~ion and the City Council as their
interpreeation of the meaning of this portion of this Ordinance.
3.3
14
15 -
of the use regulations of the C-1 and C-2 Commercial Districts. I§
17
1s
19
20
21
220ther permitted types of buildings the minlmum lot size shall
23be sufficient to provide the yard areas and parking spaces
24hereinafter specified for the several types of buildings.
25
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27
28
29ings the yard provisions of Section 10.3 hereinafter shall
30apply.
31t0 provide for the off-street parking space as required by
32 the provisions of Section 12 hereinafter.
L/ Thereafter the said list shall be attached to smd made a part
SECTION 9.2. HEIGHT AND AREA8
1. Building-H&ght Limit: Two (2) stories, and not to
exceed thirty-five (35) fee%.
2. Building-Site Area Required: For dwellings the pro-
visions shall be the same as in the R-3 Residence District; for
SFATION 9.3. WJUIWI YARDS:
3.. For dwellings the provisions for the C-l District
shall be the same as in the R*3 Residence District as provided
in Section 7.3 herein. For a11 other permitted types of build-
Such minimum yards shall be increased where necessary
-18-
1
SECTION 10. C-2 COMERCIAL,DISTRICT -
GENERAL & CEPJTML
The following regulations shall govern except as otherwise
2 provided in Section 12 herein.
3 SECTION 10 1. USES PERMITTED
1. All uses permitted in the C-1 District with any require-
5 ments for use permits removed.
I
2. Any other business or commercial use, but excbuding
&dustrial uses, except that certain uses are either subject ~
I
securing a use permit or are specifically excluded6 See
3ection 9.1, paragraph 3, for provisions for a list of specific
Ukes to be permitted in the C-2 District or to be excluded
/Y&erefrorn*' as the said list shall be adopted by subsequent
I
1%ction.
13 SECTION 10.2 HEIGHT AND AREA:
l4 1. BuildinpHeight Limit: The maximum height limits
lyrmitted shall be the same as those permitted in the Residence
Districts which are immediately adjacent to the C-2 District, 16
either on the same block or adjacent thereto, except that in 17
the Central Business Area as delineated on the District Map 18
the height limit shall be increased to six (6) stories or
19 seventy-five (75) feet.
20
21 visions shall be the same as in the R-4 Residence District;
2For other permitted types of buildings the minimuni lot size
2&a11 be sufficient to provide the yard areas and parking
2&paces hereinafter specified for the several types of buildings.
25 SECTION 10.3. MINXMUM YARDS:
86
We the same as in the R-4 Residence District. For all other
2$emitted types of buildings the minimum yards shall be as set
2. Building-Site Area Required: For Dwellings the pro-
1. For dwellings the provisions for the C-2 District shall
$&rth hereinafter, except as required to be increased where
mcessary for off -street parking spaceo
31 -19-
32
2. Front Ysrd: No front yard shall be required except
Yder the following conditions:
(a) Where the frontage of a block on one side of a street
is located partly in a Residence District and partly
2
3
in a C-2 District, the front yard requirement 6€ the
former shall apply to the latter.
When an oEficial plan has been adopted establishing
a setback or building line for any block or series
of blocks on one or both sides of a street, the front
yard required shall be deemed to be the distance from
the street Line to the said building line.
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5
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7
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9
(b)
lo 3* Side Yard: No side yard shall be required except
Uder the following conditions:
12 When a lot in a C-2 District sides upon a lot in any
13 Residence District, the side yard on that side shall
14 be 8% least four (4) feet. A side yard if provided
(a)
16 shall be at least four (4) feet in any case.
16 (b) When a reversed corner Lot in the C-2 District rears
upon a lot in a Residence District, the side yard
requirements of the street side for the lot in the
C-2 District shall be the same as for the Residence
17
18
19
District. 20
21
same as in the R-4 Residence District, except that no rear 22 yard is required whena lot In a C-2 District rears upon a lot
23 in any C- or N- District, whether across an alley or not.
24
25
@ovided in Section 12 herein.
27 SECTION 11.1. USES PERNITTED
28
4. Rear Yard: The rear yard requirements shall be the
SECTION 11. M INDUSTRIAL DISTRICT
The following regulations shall govern except as otherwise
1. All uses permitted in the C-2 District, except that
4% shall be the declared intent and purpose of the I’d District
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31 -20-
‘52
to promote commercial and industrial enterprises, and to dis-
fourage residential building and residential subdivisions in
the M District. 2
3 that the following uses, which shall be presumed to be possibly
4 detrimental to the public health, safety or welfare within the
6 present limits of the City of Lodi, may be permitted in the M
fjistrict only after securing a use permit which can be granted
anly after a public hearing upon a particular application:
Uses which may be obnoxious or offensive by reason of
8mission of odor, dust, smoke, gas, noise, or vibration, such as
2. Any other use not otherwise prohibited by law, except
%he
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16
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el.
22
B3
a4
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al
%3
following:
Arsenal, bag cleaning, blast furnace, boiler works cen-
tral mixing plant for concrete cembnt , mortar, plaster
or paving materials.
hides or skins, distillation of tar, drilling for or
removal of oil, gas or other hydrooarbon substances.
Fat rendering, forge plant, foundry or metal Eabrication
Curing, tanning or storage of raw
plant, garbage, offal or dead animal, reduction or dump-
ing, hog farm,
except in a building enclosed on all sides or when completely
within a fence.
Planing mill excspti 8s par6 of lumber yard.
Pumping, refining or wholesale storage of crude petroleum,
Heduction, canning, processing or treatment of fish or
animal products.
Sawmill, slaughtering of animals (except poultry and rabbits)),
Smelting of copper, iron, tin, einc or other oreso
Power plant (steam), stock yard, stone mill or quarry.
Sugar refining, wool pulling or scouring.
Manufacture of: acetylene, acid, alcohol or alcoholic
beverages, ammonia, bleaching powder, chlorine, chemicals,
Junk yard or the ‘b.aI.3 of junk or rags, . --.?*
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soda or soda compounds, brickj pottery, terra cotta or
tile (except handcraft products only) , candle s (except
by hand), cement, gypsum, Lime or plaster of paris, dis-
infectants, dyestuffs, emery cloth or sand paper, explosives
or fireworks (or storage of same), exterminators or insect
poisons, fertilizer, glass, gelatin, grease, lard or
tallow (manufactured or refined from animal fat), illuminat-
ing or heat gas {or storage of same), lamp black, linoleum,
linseed oil, paint, oil, shellac, turpentine or varnish
(except mixing of same), matches, oilcloth or oiled pro-
ducts, paper or paper pulp, pickles, sauerkraut, plastics,
potash products, rayon or similar products, rubber or
gutta psrcha products (or treatment of same) gluco-x-
trin, stove polish, tar roofing or waterproofing or other
tar products; tobacco, chewing (or treatment of same) ;
vinegar, yea&.
Any other use which in the opinion of the Planning Com-
mission is objectionable by reason of emissLon of odor,
dust, smoke, ga6, vibration or noise, or which may impose
hazard to health or property.
3. Use permSts shall be required for the development of
any subfiivision for residential purposes or for the erection of
dwellings other than for the owner or caretaker of properties
in the Industrial Discriok,
20
21
22
23
24
25 SECTION 11,3. MINIMUM YARDS
26
2Bistrict.
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SECTION 11.2. HEIGHT AND AREA
1. Building Height Limit: Same as in the C-2 District.
2. Building Site Area Required: Same as in the C-2 District.
1. The required yards shall be the same as in the C-2
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1 ject
2
3
SECTION 12, GENERAL PROVISIONS AND EXCEPTIONS
The regulations specified in this ordinance shall be sub-
to the following general provfsions and exceptionsi
SECTTOH 12,l. USES
The following accessory uses, in addition to those uses
fiereinbefore specified, Bhall be permitted in any "R" District,
Brovided that such accessory uses do not alter the character
6f the premises with respect to their uses for the purposes
permitted in such respective districts!
8
Board in a dwelling, but not to the extent of constituting a
atel, unless permitted in the district.
11 2. The operation of necessary facilities and equipment,
I&n connocCion with schools, colleges, hospitals and other in-
I@itutions permitted in the respective distriets.
14 3. Recreation, refreshment and service buildings in public
lBarks and playgrounds.
l.6
1. The renting of rooms and/or the providing of table
4. Signs not exceeding six (6) square f aet; in area and
ertaiding to the lease, hire or sale of a building or premises 11
when located at least the same distance from the front of the 18
lot as specified for the front yard of the district in which
19 it is located.
20 pertaining to sales, leases, or directional or informational
21 servioe shall, be subject to securing a use permit, specifying
2hze, location, type and length of time to be maintained.
23 5. Chicken hens, pigeons, rabbits, guinea pigs or simS*
'iar animals not exceeding twelve (12) in number on any lot of
gbss than one-half (9) acre in area may be kept in any nRrr
Bbtrict purely for home consumption and not for commercial
The erection or maintenance of all other signs
2@urposes, subject to the provisions
28n Lots exceeding one-half (4) acre
2production of such livestock may be
30 -23-
of othar laws or ordinances.
in area the commercial
permitted after securing
31
32
a use permit; provided that no such livestock shall be maintained
closer than forty (40) feet to any dwelling now existing or
1 hereafter erected, and that such livestock shall be kept in
2 pens or structures approved by the Health Officer,
SECTION 12,2. AUTOMOBILE PARKING SPACE
The following regulations shall apply to the provisions
Por off -street parkSng accommodations for certain uses in
heir respective districts when a new building is erected or
gdded to in number of units, or in seat capacity, or in floor
&ea, as the case may be.
9 1. Dwellings: All single and multiple family dwellings
mall provide at least one (1) parking space for each dwelling
lqnit, which space shall be on the same lot or within 100 feet;
$$ereof
13
lpast one (1) parking space for each two (2) guest rooms, which
15
3. Automobile Courts: All automobile courts shall 16
provide at least one (1) parking space for each un& including 17
manager's quarters, which spaoe shall be on the same lot.
18
19 parking space for each guest room, except that hotels having
20 more than twenty (20) guest rooms need provide only one (1)
'6arking space for each four (4) rooms in excess of the first
'8wenty (20) rooms, which space shall be on the same lot or
2%,thin 500 feet thereof.
24 5. Clinics, Professional and Business Offices: All
RGlinics, professional and business offices shall provide at
216east one (1) parking space for each 250 square feet in the
building, which space shall be on the same lot or within 100
&eet thereof.
2. Lodging Houses: All lodging houses shall provide at
space shall be on the same lot or within 100 feet thereof.
: All hotels shall provide at least one (1)
29
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3R
6. Hospitals and Sanitariums: All hospitals and sanitar-
iums shall provide at least one (1) parking space for each 750
square feet in the building, which space shall be on the same
lot or within 100 feet thereof.
1
2
3
4
7. Mortuaries and Funeral Homes: All mortuaries and
funeral homes shall provide at least one (1) parking space for
elch thirty (30) square feet in the auditorium.
s$ace provided shall be on the same lot or within 100 feet
tgereof
All parking
8 8. Churches! All churches shall provide at least one
(9) parking space for each forty (40) square feet in the
ataditorium, which space shall be on the same lot or within
E.0 feet thereof.
12 9. Schools: All elementary schools shall provide at
$f3ast one (1) parking spaae for each classroom, and all high
fghools shall provide at least five (5) parking spaces for
f8ch classroom, which space shall be on the same lot or within
100 feet thereof. 16
3.7
shall. provide at least one (1) parking space for each four (4)
18 seats, which space shall be on the same lot or within 100 feet
10. Theaters and Auditoriums: A11 theaters and auditoriums
19 thereof.
11. Commercial Buildings: All buildings for retail com- 20
%rcial purposes, excepting grocery stores, shall provide at
?&st one (1) parking space for each 500 square feet, which
@aoe shall be on the same lot or within 500 feet thereof.
8focery stores shall provide at least one (1) parking space
&r each 250 square feet, which space shall be on the same
$(St or within 500 feet thereof. In addition, each building
@Ball provide loading area or area sufficient for its purpose,
%%rnpletely off-street.
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30
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32
12. Warehouses, Industrial and Manufacturing: All build-
ings in "M" Districts for warehousing, processing, manufactur- 1
ing, or other industrial purposes shall provide at least two 2
(2) parking spaces for each three (3) employees or one (1)
3 space for each 1500 square feet in the building, whichever
4 is the greater, which space shall be on the same lot or within
900 feet thereof. In addition, each building shall provide
Boading area or areas sufficient for its purpose, completely
Zff-street .
13. All off-street parking space as required above shall
Be in accordance with the following:
10 (a) For dwellings the space provided shall be
l&urfaced or otherwise improved.
12 Ib) For Section 12.2 bhrough 12.12 above, the
1Brovided parking space shall be paved with 2 inches of plant
lqixed surfacing and marked into the required number of stalls
l$f ample siae and wfth adequate aisles for convenient access
-7
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\
i
egress, as approved by the City Engineer in accordance with
he standards recommended by the Institute of Traffic Engineers, : 14
c._ 14. General Parking Regulationst The following regulations 18
19
20
21
&2
2!n all cases the Planning Commission shall give due considera-
'tion to the parking needs of particular types of buildings,
28erein referred to , to the end that sufficient off-street
f?$arking may be provided in the vicinity of the respective
2'8stabl ishments.
28 {b) Interpretation of Requirements! The above
2provisions shall be interpreted to be applicable to all new
*ildings hereafter erected and to the enlargement of existing
'-' shall also ajply to the requirements in Section 12.2 through
12.12 above pertaining to off.-street perking and the designation
of such parking spaces:
(a) Parking leedsi These provisions are considered
to be the average minimum needs for off-street parking, but
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buildings except that in the case of such buildings to be
hereafter erect: or enlarged in districts existing as of t;he I
date of passage of this Ordinance, where the adjacent or sur- 2
rounding areas are already bui1t;'up to such an extent that
3 the above requirements would cause a hardship in connection
4 with new construction, the said reouirements may be reduced
5 or waived under the provisions of Section 14 herein.
6
Ireas:
%uildings into adjacent areas shall be permitted only when at
%east fifty (50) perceni of the parking requirements for the
(c) Expansion of Existing Facilities Into Adjacent
New accessory buildings or enlargements of existing
IQxisting buildings are provided as required by chis section
lbf this Ordinance, and only if the complete parking requirement;
igor the new building or enlargement is provided. In the event
lpjnusual circumstances cause a hardship in connection with this
xprovision, the requirement may be reduced or waived under the
lpovision of Section 14 herein.
16
*
(d) Permanence of Parking Space: After parking
paces for buildings under the above provisions have been so 16
ia designated and building permits granted the said parking spaces
shall be hereinafter termed as Parking Lots in whateuer district
they may be located, and thereafter no such Parking Lot shall
be used for the location of' new or enlarged buildings unless
equivalent required parking spaces are provided under the
provisions of this section, All off-street parking spaces
now existing as of the date of passage of this Ordinance may,
19
20
21
22
2.3
the discretion of the Planning Commission with the approval
'8f the City Council, be classed as Parking Lots and come under
2&hese provisions a5 to permanency for such use.
g7 15. Off-street; Parking Lots: For the purposes above set
glorth, the Planning Commission may permit, under the provisions
2Qf Section 14 and as an additional accessory and transitional
30 -27-
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32
use, the use of any lot in any Residence District, where such
lot is adjacent to a Commercial or Industrial District, but 1 to a maximum of 100 feet therefrom, for off-street parking
2 purposes for the sole use of customers' or employees' automo-
3 biles during normal business hours, provided that no other
tommercial use shall be conducted on ';he lot. All parking
lots wherever thus provided and permitted shall be improved
8s provided in paragraph 13 (b) above and in addition shall
Trovide such screening by fencing or landscaping as may be
firescribed by the Planning Commission, to the end that such
parking lots shall not be detrimental to residential lots in
'
lQhe vicinity. In the caae of failure to so improve or maintain
I l$uch iqprovernents, the permission to use such lots for off-
IRtreet parking purposes may be revoked by the Planning Com-
lgission.
14 SECTION 32.3, HEIGHT AND AREA:
15
l&imits and minimum building-site area requirements shal? be
lve mitt ed:
18
of law, certain types of structures may be built to a greater
19 height than the limit established for the district in which
20 such structures are located, provided that no such structure
21 in excess of the allowable building-height limit shall be used
2i!or sleeping or eating quarters, or for' any commercial purpose
%ther than such as may be incidental to the permitted uses of
%e main building. Such structures are:
25 (a) Towers, spires, penthouses, scenery lofts, cupolas,
%ate, tanks, silos and similar structures covering not more
%an fifteen (15) per cent of the ground area of buildings,
25hcluding mechanical appurtenances; provided, that no building
mall ever exceed a maximum height of 150 feet, except that
(Sec, 12.2 Amended 3/20/57, Ord. 583)
The following exceptions to the maximum building-height
\
1. Height of Buildings: Subject to any other provisions
30 -28-
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32
this maximum shall not apply to chimneys, church steeples, flag
poles, monuments or water or radio towers.
(b) Public and semi-public buildings, hospitals and other
hstitutions when located, if permitted, in any district with
L a height limit of 75 feet or less, may be erected to a height
got to cxceed 75 feet, provided, that the front, rear and side
$ards shall be increased one (1) foot for each foot of build-
'ing height above the height limit of the district.
2. Building-Site Area: The lot area and dimensions re-
?&ired in any "Rn District shall not be deemed to prevent the
8erection of a dwelling oh any "lot of record" as herein defined,
trovided the ownership of such lot does not include also adjacent
lyots or portions thereof at the time of the establishment of
%he discrict in which the dwelling is located.
l2 SECTION 12.4. YARDS AND OPEN SPACES
5
The following special provisions shall be applicable to
'$ards and open spaces heretofore specified:
l5 1. Side Yards: For tp purpose of side yard regulations
'iny two-family or multiple-family dwelling or dwelling group
'ball be considered as one building occupying one lot. .
2. Yards for Dwellings Above Shops: In any district
'gther than in any "Rfr District the front and side yards for
'%wellings when located above stores or shops shall be waived,
21
228hop shall be observed in the construction of the upper dwelling,
2ind except as other laws provide otherwise for side yards or
except that any yard required or provided for the store or
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3. Rear Yards: In computing the depth of a rear yard 25
2!or any building where such rear yard opens on any alley, not
'Zxceeding five (5) feet of the width of the alley may be con-
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sidered as a portion of the rear yard. For corner or reversed
corner Lots which rear directly upon another lot (not across
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an alley) the minimum rear yards as heretofore specified may
be two and one-half (24) feet less than the rear yard required
for an interior lot’.
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5 side of corner lots shall be as heretofore specified, but in
6 the case of reversed corner lots the side yard on the street
7side shall be not less than one-half (4 of the front yard
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4. Through Lots: In the case of through lots in any “Rn
District no building shall be located in such manner that the
rear thereof is closer to either street than forty (40) feet.
5. Side Yards on Corner Lots: The side yards on the street
required on the lot in’the rear oE such reverse corner lot;
provided, that this regulation shall not, be so interpreted
as to reduce the buildable width of such a reversed cort’ler
“lot of record” to less than twenty-five (25) feet, nor to pro-
hibit the erection of an accessory building where this regulation
cannot reasonably be complied with.
6. Front Yard Exceptions: Where lots comprising forty
(40) per cent or more of the frontage in a block with front
yards varying in depth not more than six (6) feet, then the
minimwn front yard required for the remaining lots shall be
equal to the average of the front yard depths of such developed
lots within the six (6) foot; variation; provided, that this
regulation shall not be 50 interpreted as to require a front
yard of more thsn thirty (30) feet, and further, that for a
lot, both sides of which are developed with buildings, the
front yard need not be more than the average of the front yards
of the adjoining Sots.
established in any block, the front‘ yard requirements shall be
deemed to be the distance from the said building line established.
In cases where no front yard is required in Commercial and
Industrial Districts an addition to an existing dwelling for
business use may occupy the front yard of the said dwelling.
Where a building line is officially
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7. Adjustments of Front Pards: The Planning Commission
may vary or r'iodify minirnum front yard requirements at any time
prior to actual construction in a given block face when It is
found by the Cornrnission that such adjustments would provide
better development
uniformly in any block face throughout the scbdivision.
such application for varisnce, applicant shall file a m&p with
the Commission illustrating the requested varianceo
6/16/54, Ord. 509)
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providing that such ad justrnent s are applied
Upon
(Added
SECTION 12.5. GENERAL YARD EXCEPTIONS: Every part of a
required yard or court shall be open from its lowest point to
the sky unobstructed, except for certain permitted projections
into the same, a5 follows:
1. The ordinary projections or sills, belt courses,
cornices, buttresses, architectural features and eaves; pro-
vided however, that none shall extend into a minimum yard or
court more than two (2) feet, or be closer to any property line
than two (2) feet.
2, Uncovered porches and paved terraces extending not
more than eight (8) feet into a required front yard or rear
yard, nor more than three (3) feet into a required side yard ,,/ "or minima court; similarly .steps from the graand level to the - 20 - level of the ground level of the building, or to the level of
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3. Open or enclosed fire escapes, fireproof outside stair-
ways and balconies, extending not more than three (3) feet into
a required yard or minimum court, and not closer to any property
line than two (2) feet.
4. The ordinary projections of chimneys and flues where
the same are placed so as not to obstruct the light and ventila-
tion, with a minimum of two (2) feet from any property line.
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5. Other customary accessory features on the lot, including
ornamental landscape features such as pergolas and lath houses;
private driveways and sprinkler systems; necessary retaining
walls; and hedges, fences and walls when grown or erected to
a maximum height of three and one-half (33) feet in any required
front yard or street side yard or interior side yard to the
depth of the required front yard, and to a maximum of six (6)
feet in any other required yard.
SECTION 12.6. SPECIAL YARDS FOR DWELLING GROUPS: The
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following additional regulations for yards and open spaces
shall apply to Dwelling-Groups located on a lot in one owner-
ship.
1, For buildings of the group 80 located that the rear
of the building facing the street is faced by the front of the
next building to the rear, et seq. ("front to back" series),
no such building shall be closer than twenty (20) feet to any
other such building.
2, For buildings of the group so located that the rears
thereof abut upon one side yard and the fronts thereof abut
upon the other side yard (sbgle row "side to side" series),
the required width of the former side yard shall be increased
one (1) foot, and the required width of the latter aide yard
shall be at least twice the width of the former side yard,
with a minimum of ten (10) feet.
3. For buildings of the group so located that the rears
thereof abut on both side yards and the fronts thereof face a
court (double row "side to side" series), the required width of
both side yardd shall be increased as in 2 above, and the width
of the court. shall be two and one-half (2$) times the width of
the greater of the above side yard (in case they differ), with
a minimum width of sixteen (16) feet.
4. For buildings of the group so located that the rear
or front of one building faces the side of another building
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(arranged “side to front or to rear“), the minimum distance
between such buildings shall be twenty (20) feet.
5. For buildings arranged nside to side” no building shall
1 be closer than ten (10) feet to any other building on the same
2 lot.
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6. Each lot upon which a dwelling group is constructed
shall have a rear yard of at least ten (10) feet, except that
for corner or reversed corner lots, or for interior lots rear-
ing upon an alley, such required rear yard may be reduced to
minimum of five (5) feet, provided that no building of the
group faces or rears upon such reduced minhum rear yard.
SECTION 12.7. ACCESSORY BUfLUIMGS: Such buildings may
occupy portions of lots and/or yards, or may be attached to
the main building, and the following regulations shall apply
to the location on the Lot:
1. Detached Accessory Buildings: Such buildings may
occupy not more than thirty (30) per cent of the area of a re-
quired rear yard and shall not exceed twelve (12) feet in
height, except that a mxfmm height of twenty-five (25) feet
shall be permitted for the second story of a guest house as
herein defined and permitted in any district, or for a dwelling
in districts where a second dwelling is permitted on the lot.
No accessory building shall be closer than six (6) feet to the
main building, and no exterior wall of any second story of
such building shall be closer than four (4) feet to any lot
line or ten (10) feet to any main building on the s8me lot*
%,.,iPor Detkiched Accessory Buildings in the R-1, R-2 and
R-3 Districts, ,certain additional regulations shall apply as
follows:
(a) In the case of interior lots abutting upon one street
only, such buildings shall not encroach upon the front half of
the lot; in the case of interior through lots, such buildings
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ahall not encroach upon the one-quarter of the depth of the lot
nearest either street provided, that these requirements shall
not be deemed to require the accessory building to be farther
than sixty (60) feet from any street;. 1
(b) In the case of a corner lot such buildings shall not
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be closer to any street than one-half (9) of the lot depth (with
a maximum of, sixty (60) feet required), nor closer to the side
street than the width of any required yard on the street side
of the lot.
shall not project beyond the front yard line required on the
lots to the rear of said lot.
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In the case of reversed corner lots such buildings
3. Attached Accessory Buildings: When accessory buildings
are attached to the main building they shall be made sLructurally
/'la part thereof and .$la3 comply with all of the regulations of - 12
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this Ordinance applicable to the main building.
SECTION 13. MON-CONFORMING BUILDINGS AND USES
The following provisions shall govern the continuance of
non-conforming buildings and uses existing at the time of the
passage of this Ordinance, or which may be caused by any amend-
ments hereafter made.
SECTION 13.1. MON-CONFORMING BUILDINGS: Except as other-
wise provided in this section, a non-conforming building may be
maintained under the following provisions :
1. Repairs and Alterations: A non-conforming building
may be repaired and altered providing that in a building which
is non-conforming as to use regulations, no structural altera-
tions shall be made except those required by other law or or-
dinance.
2. Additions-Enlargement s-Moving:
(a) A building non-conforming as to use regulations shall
not be added to or enlarged in any manner, unless such building,
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including such addit ions and enlargements , are niade to conform
to all the regulations of the district in which it is located.
(b) A building non-conforming as to height or area regula-
tions shall not be added to or enlarged in any manner unless
such additions or enlargements conform to all the regulations
of the district in which it is located.
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7confom to all the regulations of the district in which it will
8be located after moving.
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''fifty (50) per cent of its reasonable value at that time may
13 be restored, providing the total cost of such restoration
14 does not exceed fifty (50) per cent of the reasonable value of
15 the building at the time of such damage. In the event such
"damage or destruction exceeds fifty (50) per cent of the reason-
17 able value of such non-conforming building, no repairs or re-
18 construction shall be made unless every partion of ' such build-
19 ing is made to conform to all regulations of the district in
20 which it is located.
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(c) No non-conforming building shall be moved in whole or
in part to any other locations eigber on the same lot or on
another 10% unless every pbrtion of such building is made to
3. Restoration of Damaged Buildings: A non-conforming
building which is damaged or partially destroyed by fire or any
other calamity or act of God to the extent of not more than
SECTION 13.2. NON-CONFORMING USE OF BUILDINGS I
1. Continuation and Change of Use: Except as otherwise
provided herein:
(a) The nun-conforming use of a building which existed
at the time this Ordinance became effective may be continued.
The non-conforming use of a building may be changed .{b)
to a use of the same or more restrictive classification. Where
the non-conforming use of a building is hereafter changed to
a use of a more restrictive classification, it shall not there-
/'after be changed to a use of a less resbrictive classification, - 31
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(c) A vacant non-conforming building may be occupied by
a use for which the building was designed if so occupied within
a period of six (6) months after the effective date of this
Ordinance, or after the date when the building became vacant. 1
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2. Expansion Prohibited: A non-conforming use of a portion
of a building which otherwise conforms to the use regulations
shall not be expanded or extended into any other portion of a
building nor changed except to a conforming use.
conforming use or portion thereof is discontinued for a period
of six (6) months or changed to a conforming use, any future
u5e of such building or'portion thereof shall be in conformity
with the regulations of the district in which such building is
located.
If such a non-
3. Construction Begun: Nothing contained in this @r-
dinance shall be deemed to require any change in the plans, con-
struction or designated use of any building upon which actual
construction was lawfully begun prior to the effective date of
this Ordinance, Actual construction is defined as the placing
of coiistruct ion materials in a permanent manner, excavation
of a basement, or demolition of existing structures preparatory
to rebuilding, provided that in all cases construction work shall
be diligently carried on until completion of the building involved.
4* Declaration of Conformity: Any use of a building for
which a use permit is required or for which a use permit may be
granted, as provided in this Ordinance, which use is existing
at the time of adoption of this Ordinance in any district in
which euch use is permitted subject to the securing of a use
permit, shall without further action be deemed to be a conform-
ing use in such district.
SECTION 13.3. NON-CONFORRING USE OF LAND:
1. Continuation of Use: The non-conforming use of land,
except as otherwise hereinafter provided, which existed at the
time this Ordinance became effective, may be continued, provieed:
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(a) That no such non-conforming use of land shall in any
way be expanded or extended either on the same or on adjoining
prope rty
(b) That if such non-conforming use of land or any portion
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41ations of the district in which it is located.
thereof is discontinued for a period of six (6) months or changed,
any future use of such land shall be in conformity with the regu-
2. Junk Yards: Regardless of any other provisions of this
60rdinance, any junk yard, as herein defined, which exists as a
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8forming use or removed kthin one (1) year after the effective
'date of this Ordinance. Similarly, any junk yard which exists
non-conforming use &n any R- District shall be changed to a con-
10 as a non-conforming use in any other district, other than an
District, shall within one (1) year after the effective date
12 of this Ordinance be removed, be changed to P conforming use or
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'*Planing Commission SO as to completely screen all the operations
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be completely enclosed within a building or within a continuous,
solidfence not less than eight (8) feet high approved by the
of such junk yard.
SECTION 14. ADJUSTPSNTS AMD USE PERMITS
Pending the establishment of a separate body, or as other-
wise hereafter provided by law, the Planning Commission is here-
by designated as a zoning commission under the provisions of the
Zoning Law of 1917 aa amended, for the purpose of acting on
variances (hereinafter termed ad justrnent s) and use permits under
the procedure set forth herein.
SECTION 14.1. PLANNING COF'ISSION POWERS:
1. General: As a zoning commission the Planning Commission
shall have t.he power to grant adjustments and use permits as
hereinafter pmvided. A11 actions of this body in acting on
such matters shall be deemed to be administrative and not leg-
islative, and the decisions of the Planning Comu~fssion as to
such adjustments and use permit$ shall be final, subject to
appeal to the City Council as hereinafter provided.
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2. Zoning Committee: The Planning Commission shall be
further empowered, in performing the functions set forth in this
section, to authorize and appoint a Zoning Committee consisting
'of not less than three members of said Commission, and to dele-
2gate to said Zoning Committee the powers and duties provided
3for in this section, and to adopt such rules and regulations
*for the guidance of this Committee as may be necessary and not
5inconsistent with the general laws of the State or the provisions
'of this Ordinance.
SECTION 1b02. ADJUSTMEMTS:
1. Hardships: In'specific cases where it is exceptionally
ult if not impossible L C:x, comply with the exact provisions
loof this Ordinance, the Planning Commission shall have the power
"to allow such adjustments from the provisions contained herein
12as will prevent unnecessary hardships or injustice, and at the
l3same time most nearly accomplish the general purpose and intent
l4of this Ordinance.
l5 2. Specific Powers: The powers granted under this section
I6shall not include the changing of any district classification
170r any provisions of this Ordinance except as hereinafter provided,
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but shall be to the extent of the following and na more:
To interpret the provisions of this Ordinance. (a)
(b) To hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination
made by the enforcing authority in enforcing this Ordinance.
(c) To vary or modify or adjust the strict application
of any of the regulations or provisions contained in this Or-
dinance in csses where there are practical difficulties or
unnecessary hardships in the way of strict application.
Id) To permic the extension of a use for not more than
fifty (50) feet into a more restricted district where the
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boundary line thereof divides a "lot of record" as herein defined.
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(a) To perrnit the reconstruction, alteration, and/or
enlargement of a building in which a non-conforming use is con-
ducted, or the alteration or enlargement of a non-conforming use,
when such changes will be of distinct benefit to the district
in which such building or use is located.
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SECTION 14.3. USE PERMITS:
1. Issuance: Use permits may be issued for any of the
uses or purposes for which such use permits are required or per-
mftted by the provisions of this Ordinance, and for any of the
following specific uses in any district established by this
Ordinance.
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(a) Public utility or public service buildings when found
to be necessary for the public health, safety, convenience or
welfare,
$2r (b) Commercial excavating ?f +natural materials for build- ’ 13 ing or construction purposes.
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(c) To classify as a conforming use any institutional use
existing at the the of adoption of this Ordinance.
(d) To permit the location of any of the following uses
in a district from which they are excluded by the provisions
of this ordinance :
Church, Institutions of an educational or charitable nature,
Cemetery, Crematory, Mausoleum and any other place for the dis-
Airport, Library, Cormunity Center, Hospital,
posal of the human dead.
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(e) A temporary building for commerce or industry in a
23 dwelling district for a period of not more than one year, which
use is incidental to the residential development of the district. 24
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(f) A storage garage or open air parking space in any
multiple-familg. residence distriot when deemed necessary for the
public convenlence.
SECTION 14.4. PROCEDUIIE:
1. Application: Any application for an adjustment or use
permit shall be made to the Planning Commission in the form of a
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written application for a building permit or a permit to use the
building and/or premises for the purposes and in the manner as
set forth in the application. The said application shall clearly
state all details of the proposed construction or use, including
information as to special circumstances, necessity, desirability
and effect upon neighboring property and inhabitants.
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2. Consideration: The Planning Commission or its appointed
zoning committee shall consider said application not later than
at its next regular meeting, and may, in its discretion, order
one or more public hearings on any application, in which case
due notice shall be given at least ten (10) days prior to any
public hearing as provided by law, and such other notice as the
Commission may order. Before such notice of public hearing,
however, the applicant-shall deposit with the Planning Com-
mission a fee of $10.3G, OF such other sum as set forth in
other city ordinances, no part of which is returnable. At
least one public hearing shall in any case be held on any appli-
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cation for a use permit for any use listed in sub-section (d)
of Section 14.3 herein.
3. Action by Planning Commission: In granting any adjust-
ment the Planning Commission shall find that said adjustment
will relieve an unnecessary hardship or practical difficulty
that would otherwise be caused by the application of the stri.ct
letter of the ordinance and that said adjustment will not be
contrary to the public welfare.
Planning Commission shall find that the establishment, maintenance
and/or conducting of said use will not, under the circumstances
of the particular case, be detrimental to the health, morals,
comfort or welfare of persons residing or working in the neigh-
borhood of said proposed use, or to property or improvements in
said neighbokhoodd or will not be contrary to the general public
welfare. -
In granting any use permit the
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4.. Conditions: In acting upon any adjustment or use permit,
the Planning Commission may designate such regulations as a con-
dition of the action as may be deemed necessary for the protection
of the general public welfare, any violation of which regulations
2shall automatically invalidate the adjustment or use permit as
3 the case may be. Adjustments and use permits shall be granted
*to applicant only; are not transferable by said applicant and
5may be limited as to its duration upon the discreOion of the
'planning Commission.
SECTION 14.5.
1.
=PORT AND APPEAL TO THE CITY COUNCIL:
Report: Any aAd all actions and decisions of the Planning
QComission in connection with adjustments or use permits shall
lobe reported in writing to Che City Council.
2. Appeal: Any applicant or person claiming to be directly
12and adversely affected by any action of the Planning Commission
130n matters referred to in this section may, within five (4)
I4days after said action, file a written appeal with the City
l5Clerk for transmittal to the City CouncS1. The said appeal
"shall stay the issuance of any permits in connection with the
l7accion pending the decision of the City Council.
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"the City Council shall, after receiving a report from the
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3. City Council Action: Upon the receipt of any such appeal,
Planning Commission, and after at least one public hearing on
the case as provided by law, render a decision sustaining, amend-
ing or overruling the section of the Planning Commission on said
case
SECTION 15 BUILDING PEKMITS AND PLATS
Before beginning construction work on a new building or
on alterations or enlargements of an existing building or on re-
moval of any building, an application for a permit for the same
shall be made to the Building Inspector.
SECTION 15.1.. PLAT: Such application shall be accompanied
by a drawing or plat, drawn to scale and submitted in duplicate,
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showing the lot and building site, the proposed location of the
building on the lot, accurate dimensions of the building, the
yards and the lot, and such other information as may be required
for the proper enforcemt of the regulations of this Ordinance,
A careful record of the original copy of such application and
plat shall be kept in the office of the Building Inspector, with
a duplicate copy thereof kept at all times at the building+
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SECTION 15.2. ZONING REGULATIONS: A11 such applications
and drawings therewith shall be checked as to compliance with all
of the regulations of this Ordinance, and the City Council may
require that the said documents be submitted to representatives
of the Planning Commission designated for that purpose for thBPr
approval before a permit is issued.
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SECTION 16. CERTIFICATE OF OCCUPANCY
No vacant land shall be used or occupied, except for agri-
cultural purposes, and no building hereafter erected, structurally
altered or moved shall be occupied or used until a certificate of
occupancy shall have been issued by the Building Inspector.
SECTION 16.1 LAND: A cereificate of occupancy for the use
of vacant land or for a change in the character of the use of
land, as herein provided, except for agricultural purposes,
shall be applied for before euch land shall be occupied or
used. The said certificate shall be issued within three (3)
days after the application has been made, provided such use is
in conformity with the provisions of this Ordinance.
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SECTION 16.2. BUILDINGS: A certificate of occupancy for
24 a new building or the alteration, conversion or reoonstruction
of an existing building shall be applied for coincidentally with
the application for a building permit. Such certificate shall
be issued, if after inspection it is found that such building
complies with the provisions of this Ordinance and all other
requirements of law or ordinance applicable thereto.
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certificate may be issued for the temporary use of a portion of
the building prior to the completion and occupancy of the entire
building, provided that such temporary certificate shall not be
1 issued except under such restrictions and provisions as will
2 adequately insure the safety of the occupants.
3 SECTION 16.3. STATENE3TS IN CERTIFICATE: The certificates
4 of occupancy shall state that the building or proposed use of a
5 building and/or land complies with all building and health laws
6 and with this Ordinance, Copies of said certificates shall be
7 kept on file in the office of the Building Inspector for public
8 inspection, with copies-of the same furnished, on request, to
9 any person having a proprietary or tenant interest in, the build-
10 ing.
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NQ fee shall be charged for a certificate of occupancy.
SECTION 17. APPROVAL OF PLAEJS
The following regulations shall apply to all buildings re-
quiring the securing and issuance of use permits in any Residential
District, and to all buildings in the Multiple-Family District
ahd the Commercial and Industrial Districts,
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SECTION 17.1. SCOPE AND INTENT: In case of an application
for a building to be erected or altered in districts hereinabove
referred to, the City Council or the Planning Commission may
require that said application shall be accompanied by drawings
or sketches showing all elevations of the proposed building.
Upon being filed, such drawings shall be submitted forthwith to
the Planning Commission. The said body shall at its next regular
__ meeting consider the case in an endeavor to provide that the City
shall develop in an orderly and harmonious manner, and that
buildings shall be so designed and constructed that they will
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sanie or adjacent residential districts, depreciate the value of
property and adversely affect the general prosperity and welfare5
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.. .. , *.
To this end, the Planning Commission shall suggest any changes
in the plans and elevations of such proposed buildings as it may
deem necessary to accomplish the purposes of this section, and
shall not approve such plms until it is satisfied that such
purposes will be accomplished thereby.
use permits such suggestions may be made mandatory as part of
the conditions for the issuance of the.use permit, as provided
here in.
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For buildings requiring
SECTION 17.2. APPEAL TO CITY COUNCIL: In case the appli-
cant is dissatisfied with the action of the Planning Commission,
he may within twenty (20) days after receipt of written notice
from the Planning Commission appeal in writing to the City Council.
The Cicy Council shall hold a public hearing upon said appeal,
with due notice as provided for appeals on adjustments and use
permits, and render its de oision within forty (40) days after
the filing thereof. If the City Council shall approve the action
of the Planning Commission, the applicant may Tile with the Plan-
ning Commission a noti& of intention to proceed with the con-
struction of the building, and file a copy cf such notice in the
office of the Building Inspector.
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SECTION 17.3. FINAL ACTION: No building permit for any
building coming under the provisions of this section shall be
issued unless the plans thereof shall first have been approved
by the Planning Commission or by the City Council, or until
thirty-five (35) days shall have elapsed from the date of the
filing of such notice to build. Upon such approval or at the
expiration of such thirty-five (35) days, the Building Inspector
shall issue a permit for said building, provided that all other
provisions of law have been complied with, and except as other-
wise herein provided for buildings requiring use permits.
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SECTION 18. AMENDMENTS
Whenever the public necessity, convenience, general welfare,
or good zoning practice may require, the City Council may by
ordinance, after report thereon by the Planning Commission and
subject to the procedure provided in this section, amend, supple-
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fications of property now or hereafter established by ordinance. 4
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SECTION 18.1. INITIATION: An amendment, supplement or
reclassification may be initiated by the City Council, the
Planning Commission or by petition of one or more property owners
within the area directl) affected by the proposed amendment,
supplement or reclassification. Petit;ions €or any change of
district boundary or property reclassification shall be filed
with the city clerk on prescribed forms and accompanied by such
a
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12 data and informtition as may be required for that purpose by the
"Planning Commission,
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The said petitform shall also deposit a
fee of $20.00, or such other sum AS prescribed by other ordinances,
no part of which is returnable.
resolutions regarding such changes shall be referred to the
Planning Commission for report and recommendation thereon.
All petitions or City Council
SECTION 1&2. PLANNING COEiAIvIISSION ACTION: At its next
regular meeting the Plannin@; Commission shall conduct such
investigation as may be prescribed and may, in its discretion,
order such public hearings on the proposed changes as are re-
quired by law, due notice of which shall be given as prescribed
for public hearfngs before the City Council.
gation and at least one public hearing, the Planning Commission
shall, within such time limits as are prescribed by law, submit
its report to the City Council recommending approval or disw
approval of such proposed changes, together with a written state-
ment of its reasons for such action.
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AfCer such investi-
SECTION 18.3. CITY COUNCIL ACTION: If the report of the
Planning Commission r6commends approval of the proposed changes,
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the City Council shall hold a public hearing thereon, due notice
of which shall be given by at least one publication in the offici-
ally designated newspaper at least ten (10) days prior to the said
hearing, and by such other means as the Council may prescribe.
After such hearing the City Council may by ordinance effect such
proposed amendments , supplement or reclassification or any portion
thereof, except as otherwise provided hereinafter in case of
sufficient protest against such ‘changes.
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SECTION 18.4. APPEAL$ If the report of the Planning (?om-
mission recommends disapproval of the proposed changes or amend-
ment or reclassificatioi , the applicant upon notification of such
action may, within twenty (20) days thereafter, appeal to the City
Council. After a public hearing with due notice as provided herein
and afterarther reference to the Planning Commission for a supple-
mentary report, the City Council may by a four-fifths (4/5) vote
of the entire Council, grant any appealed application and adopt by
the said vote an ordinance effecting such proposed changes or
portions thereof
SBCTION l8,T. FROTEST: If a$ the time of any public hear-
ing before the City Council as above provided a protest against
such proposed amendment, supplement or reclassification is pre-
sented, duly signed and acknowledged by the owners of twenty (20)
per cent or more of the owners of the frontage of property which
will be directly affected by the proposed amendment I supplement
or realassification, or by the owners of twenty (20) percent or
more of the frontage of property which is immediately adjacent
thereto, either in the rear, on the sides or across the street
or alley, no such amendment , supplement or reclassification shall
be adopeed except by the same vote of the City Council as provided
for herein in case of disapproval by the Planning Commission.
For the purposes of this section it shall be deemed that those
property owners within a mdius of 300 feet of an area proposed to be
changed shall be directly affected.
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SECTION 19. RUUS AND REGULATIONS
The Planning Commission shall adopt such rules and regula-
tions as may be required for its conduct and the performance of
1 its duties as prescribed by law and the provisions of this Ordi-
2 nance.
3 petitions and applications provided for in this Ordinance, and of
4 accompanying data to be furnished so as to secure the fullest praeti-
5 cable presentation of the matter involved in each case and for
6 permanent record. Any petition for an adjustment or use permit or
7 amendment as provided herein shall include, if so specified by the
8 Planning Commission, a Serification by at least one of the peti-
9 tioners, attesting to the truth and correctness of all facts pre-
10 sented with the said petitions. Any such verification required
11 shall be dated and attested before a notary public or the City Clerk.
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In such rules shall be prescribed the form and scope of
SECTION 20, INTERPRETATION -- PURPOSE -- CONFLICT
In interpreting and applying the provisions of this Ordit
nance, they shall be held to be the &i&u requirements for the
protection and promotion of public health, safety, peace, morals,
comfort, convenience and general welfare. It Is not; intended by
this Ordinance to interfere with or abrogate or annul any easements,
covenants or other agreements between parties, provided, however,
that where this Ordinance imposes a greater restriction upon the
use of buildings or premises or upon the height of buildings, or
requires larger yards or open spaces than are imposed or required
by other ordinances, rules, regulations or by easements, covenants
or sgreemsnts, the provisions of this Ordinance shall govern.
SECTION 21. ENFORCEMENT--PENALTIES--LEQAL PROCEDURE
For the purpose of requiring full compliance with all of the
rovisions of this Ordinance the following regulations shall govern.
SECTION 21.1. ENFORCEMENT: It shall be the duty of the
Building Inspector, with the aid and assistance of reprasentatives
of the Planning Commission, to enforce the provisions of this
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Ordinance.
the general duty of enforcing city ordinances shall enforce
this Ordinance and the provisions of the samep
~ll officers of the City of Lodi charged by law with
1 I SECTION 21,2. LICENSES AND PEWIITS : All departments,
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officials and public employees of the City of Lodi, who are vested
with the duty and authority to issue licenses or permits where
required by law, shall conform to the provisions of this Or-
dinance, and shall issue no such license or permit for uses,
buildings or purposes where the same would be in conflict with
the provisions of this Ordinance. Licenses or permits, if
issued in conflict with’ the provisions of this Ordinance
be null and void,
shall
10 SECTION 21.3. PERALTIES FOR VIOLATION: Any person, firm ..- I1 or corporation, whether a principal, agent or employee, who
violates, disobeys, omits, neglects. or refuses to comply with
the enforcement of any of the provisions of this Ordinance, shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not more than $500.00 or by im-
prlsonment in the City Jail for a term of not more than six (61
months, or by both such fine and imprisonment. Each day a vio-
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/81ation is permitted to exist shall constitute a separate offense. --- 19
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SECTION 21.4. LEGAL PROCEEDINGS: The penalties prescribed
herein shall not be deemed to limit the right of the City of
Lodi, through it3 legal department as authorized by the City
Council upon request of the enforcing officials, to institute
any appropriate legal procedure as prescribed by law to restrain,
enjoin, correct or abate any actual or threatened violation of
the provisions of this Ordinance.
SECTION 22. CONFLICTING ORDINANCES
Ordinance Nu. 238 and all other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
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SECTION 23, VALIDITY
If any section, sub-section, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid by a court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance.
Council hereby declares thatvit would have passed this Ordinance
and each section, sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses or phrases should be declared invalid.
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The City
SECTION 24, ENACTMENT
This Ordinance shall be published once in the Lodi News-
Sentinel and shall be in full force and take effect thirty (30)
daysfk-om and after its passage and approval.
Approved this 19th day of November, 1952.
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18 I, Henry A, Glaves, Jr., City Clerk of the City of Lodi
igdo hereby certify that the foregoing Ordinance PJo. 4.69 was
2oregularly Introduced in the'City Council of said City on November
215, 1952, and was thereafter, on the 19th day of November, 1952,
ROBERT H. RINN ,
Mayor pro tern
Attest: HENRY A. GLAVES, JR.
City Clerk
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22passed, adopted and ordered to print by the followirig vote:
23 AYES: Councilmen Presa\ler, Richey , Hinn, and Robinson,
24 NOES: Councilmen None,
25 ABSENT: Councilmen Paskell.
26 I further certify that said Ordinance No. 4.69 was approved
27and sighed by the Mayor on the date of its final passage and adop-
28tion.
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HENRY A. GLAVES, JR. ,
City Clerk
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