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HomeMy WebLinkAbout0292NGARAGE , PUBLIC:.. Any building or premises except tho se described as a private.or'storage - garage used for the storage or care of motor vehicles, or where.-any such vehicles are equipped for operation,.repaired, or kept for remuneration, hire•or sales. GARAGE, STORAGE: Any building or premises, except those described as a private or public garage, used exclusively for the storage., of motor vehicles. GRADE: The average of the finished ground level at the eenter.of all walls of a building. In case walls are parallel to and Within five (5) feet of a sidewalk, the ground level shall be measured at the sidewalk. HEIGHT:' The height of a building is the vertical dis- tance from the grade to the highest point of the coping of a flat roof or to the deck line• of 'a mansard roof or to the average height of the highest gable of a pitch or hip roof. HOME OCCUPATIONS: Uses customarily conducted within a dwelling and where not to, exceed one (1) assistant. is employed, in- cluding the following or similar uses: Office of physician, surgeen dentist`, chiropractor,'osteopath,•beauty shop, dressmaker, maker of. fur or other clothing to order; milliner, artist, musician and chir- opodist.' A home-.pccupation 'shall be operated and maintained only by a resident,of_ the. dwelling in which.such home occupation occurs. HOTEL: Any building or portion thereof containing six (6) or moreguest.ro.oms used, designed or intended to be used, let or hired out to be- occupied,.or which are occupied by six (6) or more individuals for compensation,.whether the compensation be paid di- :rectly or indirectly. KITCHEN:: Any.room used, or,intended or designed to be used for cooking and preparing food: LOT:. Land occupied or.to be occupied by a building and its accessory buildings•together wth,such open spaces as are re- -3- r quired under this ordinance, and having its principal frontage upon a street or officially approved place. LOT, CORNER: A lot on a corner fronting not more than sixty (60) feet on one street and not more than one hundred twenty (120) feet on an intersecting street. LOT,''INTERIOR:. A lot other than a.corner lot. LOT., THROUGH: A lot having frontage on two parallel or ap- proximately parallel streets. LOT LINES: The lines bounding a lot. NON- CONFOPIAING USE: A building or land occupied by a use that does not conform with the regulations of the use district in which i- is situated. PLACE: An open unoccupied space other.than a street or alley permanently reserved as the principal means of access to a- butting property.. STABLE, PRIVATE: An accessory building with capacity for got more than two horses provided, however, that the capacity of a private stable may be increAsed if the lot whereon such.stable ds located contains area of not less than twenty -five hundred (2500) square feet for each horse stables. STABLE, PUBLIC: A stable other than a private stable. STORY: Means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included-b'etw'een the upper surface of the topmost floor and the ceiling or roof above. If the finished, floor level directly above a basement or cellar is more than six (6) feet above grade such basement or cellar shall be considered a story. STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which on 'at least two ( 2) opposite exterior v al.ls are not more than two (2) feet above the floor of such story. -4- STREET: A public or private thoroughfare which affords principal means of access to abutting property. STRUCTURE: Anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. STRUCTURAL ALTERATIONS: Any change in the supporting mem- bers of a building, such as bearing walls, columns, beams or girders. YARD: An open space other than a court on the same lot with a` building unoccupied and unobstructed from the ground upward except as' otherwise provided in SECTION 12. YARD FRONT: A yard extending across the front of the. lot between the, inner side yard lines And measured between the front line of the lot and front line of the building. YARD, REAR: 'A.yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the building. YARD, SIDE: ',A yard between the building and the side line of the lot and extending from the street. line of the lot to the rear yard. SECTION 2. DISTRICTS. In order to regulate and restrict the location of trades, and industries and the location of buildings erected or altered for specified uses; to regulate and limit the height and size of build- in hereafter erected o.r altered, and to regulate and determine the area of yards and other open spaces, the City of San Luis Obispo is. hereby divided into districts of which there shall be six (6) known as: R -1 Residence District (One- Family) R -2 Residence District (Two- Family) R -3 Residence District (Multiple - Family) C -1 Commercial District (Local) C -2 Cor=erdial District (General) in this ordinance, except for one or more of the following uses: Any use permitted in the'R -1 and R -2 Residence Districts: Hospital and clinics (with approval of City Council) Mortuaries (with approval of City Council) Multiple Dwellings. Private Clubs, Fraternities$ Sororities, Lodges, excepting those the chief activity of which is a,.service customarily carried on as a business. Storage Garages complying with the height and area regulations for Accessory Buildings. One (1) sign not exceeding twelve (12) square feet 'in area. No other.advertising signs, structures.or devices of any character shall be, permitted in any R -3 (Multiple Family) Residence District. SECTION 6. USE REGULATIONS.- C -1 Commercial Districts. (Local) In the C -1 Commercial District no building or land shall be used and no building shall be hereafter erected or structurally altered,,unless otherwise provided in this ordinance, except for. one or more of the following, or similar uses: Any use permitted in the R -1, R -2. and. R-3, Residence Districts: Automobile parking lot Automobile service station (Not to include auto repairing, painting or steam laundry; no tire rebuilding or battery manufacture) . Bank Business offices and .agencies Catering Cleaning and dyeing office (Sponging and pressing only). Dairy (No bottling) Dressmaking shop (No factory) _ Hospitals, Sanitariums and Clinics Hotels, Motels, Auto Courts, Trailer Courts Dance hall Mortuary (With approval of City Council) Natatorium Night club Printing and bookbinding shops Public garage any -repair'and storage facilities shall be purely incidental to an antomobile salesroom on the same premises wher( the major business is the display.and sale of new automobiles by..an authorized agency and any repair and.storage area in such case shall not be nearer than thirty (,30) feet 'to < the front line of the building. Skating rink Theatre Tire and battery shop (No rebuilding or manufacturing) . Any other similar. use. _or retail type of business which does not have a detrimental effect on' permissible adjacent business uses, The following are hereby expressly prohibited in -the C -2 C..,ommercial District Automobile repair; painting or, steam. Cabinet shop. Cleaning and dyeing-'works' Hatchery Laundry, other than handlaundry Livery stable or riding academy Lumber yard Machine shop , Plumbing. shop Second hand -store Shooting gallery . Storage yard Trucking and truck storage Veterinary hospital Warehouse Woodyard. . _1 0_ Any use excluded from the Manufacturing District. SECTION 6. USE REGULATIONSS. M -1 Manufacturing District In the M- 1.District any building and land. except as other - wise provided in :thi's ordinance may be used for any use permitted in the Cominere:ial District; or for any other use except the. following: Acid Manufacture Ahc A61 Manufacture Ammonia, bleaching powder, or chlorine manufacture Asphalt- mixing plants Automobile manufacture Automobile wrecking Boiler works Brick, tile, pottery or terra cotta manufacture Cement, lime, gypsum, or plaster; of Paris manufacture Crematory. Disinfectants manufacture Distillation of bones;'a:oal, wood or pits Dog food manufacture Dog pound Explosives or fire works: Manufacture or st -orage Exterminator or insect poison manufacture' Fertilizer manufaeture Gas manufacture or storage Glue;, size or gelatin manufacture Junk, iron ,. rag storage or baling Match manufacturing Mortuary, unless approved by City Council Oiled or rubber goods manufacture, Paint, oil, shellac,_ turpentine or varnish manufacture Petroleum.or its product's, refining or wholesale storage. Pickle manufacture Rock-crusher -11- Rubber or gutta- percha manufacture or treatment Salt works Salvage yard Sauerkraut manufacture Scrap iron works or storage Smelting of tin, copper, zinc, . or- iron ores Soap manufacture other than liquid soap' Soda and compound manufacture Spraying equipment and supply manufacture Stock yard or.slaughter of animals or fowls Stone mill or quarry Stove polish manufacture Sulphuric acid manufacture Tallow, ..grease or lard manufacture or refining from or of animal fat Tanning; curing or storage-of raw hides or skins Tar distillation. or manufacture Tar roofing or water - proofing manufacture Tire manufacture Vinegar -manufacture Wrecking materials =yard` And in general those uses which may be obnoxious or offets.ive,. by reason of emission of odor, dust, smoke, gas or noise. SECTION 9. NON - CONFORMING: USES. The lawful use of land existing prior to the effective date of this ordinance, although such use does-not, conform to the provisions hereof,. may be continued, but if such non - conforming use is''discontinued, 'any future use of said premises shall be in con- formity with the provisions of this-ordinance. The lawful use `of,the building existing prior to the ef= feetive date of this ordinance may be continued, although- such uses. does > not conform with the provisions hereof, and such use maybe -12- extended throughout the building provided.no structural alterations., except .those required by law `or: ordinance , are made therein. If no structural alterations are made, a non - conforming use of a building may be changed to another non- conforming use of the same or: more restribted'classification. The foregoing provisions shall also apply to' -nan- conforming uses in districts hereafter changed. The City Planning Commission may, by a two - thirds -vote. of its membership, permit the,. structural alteration of a building, the use of which, does not conform to the provisions, of this ordinane'e.,: so as to enlarge said building to, an, extent, of not to exceed..fifteen per cent of its total floor area,.' upon such conditions as the Planning- Commission may prescribe. Such enlargement shall be permitted only where the enlarged non - conforming use can be.carried on without injury to the inhabitants of the neighborhood, and to property located in the vicinity of such non - conforming use, and where the enlargement is of an incidental character, and does not constitute a part of a complete remodeling or relocation of the machinery, or :.apparatus, used in operating the plant in question. No such en- largement shall 'be permitted so as to <authorize, a violation .of the height..or area regulations contained in this ordinance, or in the building Taws of the State of California'. No more than one such en- largement..shall be permitted'on any one premises. Any decision of the City Planning Comm- ssion.pursuant to this paragraph must have the approval of the City Council before becoming effective. Nothing in this ordinance shall be deemed to prevent the re- storration or use of a building :. partially destroyed by fire, explosion or other casualty, or the public enemy,.provided such destruction does not exceed fifty percent of'the reasonable value of the building. -13- yard not less than ten (10)'f eet in width and provided further that said dwellings are-not less than ten (10) feet from another building on the same lot and comply with the side and rear yard regulations of.the District in which they are to be erected. (f) An accessory building may occupy not more than thirty (30) per cent of a required rear yard. (g) The Building.Inspector "may permit minor additions to be erected with the same side yard as the existing structures. .SECTION 12 ADJUSTMENTS. Purpose, Jurisdiction and Approval There there.are practical "difficulties or unnecessary hard- ships in the way of carrying out the strict letter of this ordinance the City Planning Commission (hereinaft -er referred .to as the Planning Commission). shall have the. power to vary or modify any of the rules, regulations, or provisions contained herein so that the spirit of the ordinance shall be observed, public welfare secured and substantial; justice done. Provided, however, that any action or decision of the Planning Commission in permitting any variation of the application of the regulations as herein established must-have the approval of the City Council before 'such variation is permitted, The Planning Commission shall also have the following specific powers provided, however, that before any,variation is'permittad or any permit is issued.-the action of the Planning Commission must be,.; approved by the City Council. First: To hear and decide appeals- where it is: alleged there is. error in any order, requirement or determination made by the, Building Inspector in the enforcement of'this ,ordinance. Second: Permit the extension of a district where the boundary line divides *' a lot in °'a single ownership prior to the effective date of this ordinance. Third: Permit a temporary building for aommerce'.'or manufacturing in a residence district which ' i s incidental to the residential development such permit to be issued for' a period.`of not more that -17- one ilj:.year. Fourth: Permit public utility.or public service uses and structures .in •any district when found to be necessary for. the public health, convenience, safety or .welfare Fifth: Permit the location of the following :uses in a distri4t. from which they. are prohibited by this 'ordinance`: Airport, Nursery, Greenhouse, Library., Museum, .Community ;Cente.rs and -.In- stitutions,' of ,an .Educational or: Philantro;pic Nature. Siat)�: Permit a public garage 'in'a Commercial. District where it is :deemed necessary for the public convenience or welfare . Seventh: Interpret the provisions of • this ordinance in such ,a way as , to carry out the intent and purpo se.. of t he plan , • as . shots' upon the map fixing the several districts accompanying- and; made a part of this 'ordinance, where -the actual location of;,the streets varies 'from ;the street layout as shown on the maps afore- said, Eighth: Adopt from time .to. time ..such .rules•.and regulations as_ may be .deemed necessary to carry into':effeet the prov %;sign of this ordinance: . Appeals The Planning Commission .shall hear appeals from the action `of the Building Inspector and determine the rights. ;of, such applicant'. Appeal to the Planning Commission may be taken by any person aggrieved and. such appeal shall be . taken- within such rea sonable , time. as' 'provided. by the rules' of the Planning Comnii ssion y g g Inspector a notice. ,of .appeal and a b flin with the Buildin Ins . _ notice._ ,of copy thereof with the. Planning Commission, specifying the grounds of appeal. ` Upon the filing of such notice the Building Inspector shall forthwith -transmit to the ,;Planning Commission ,-all papers' constituting the record upon which the action appealed from.4as taken. IMETIhGS:' Meetings, of the Planning Commission for the purpose of considering zoning adjustments.shall be held at least once a month or at the call of the chairman at such other times as the Planning .Commission may determine:. The Planning Commission shall adopt its own rules of procedure and keep a record of its proceedings showing the action of the Planning Commission on each question considered, and ahall transmit its findings and recommendations thereon to the City Council. SECTION 1.3. CERTIFICATE OF OCCUPANCY. No vacant land shall' hereafter be occupied or used, ,exc;ept for. agricultural uses, and the use of an existing building shall not be changed to' ° a -less 'restricted use,, until a ,certificate of occupancy shall have 'Veen issued by the Building Inspector. No new building,. nor :remodeled .building nor addition to an existing building shall be occupied or used for any. use other than that shown on the applsea:tion for . Building Permit until a certificate .of occupancy shall have ,been issued, by the Building Inspector. Application fora certificate of .occupancy shall be made in writing on -forms furnished` by the Building Inspector. SECTION:14., PLATS. All applications for building permits shall.be accompanied by a drawing or plat,, in duplicate, showing the lot plan; the location of all buildings on the lot*. accurate dimensions of . buildings and lot , and such other information as may be necessary to provide for the enforcerAent of these regulations. A careful. reco.rd' of the original copy of such appli- cations and plats shall be kept in the office of the'Building Inspector and the duplicate copy shall be kept at the building at all times during construction.: SECTION 15. BOUNDARIES OF DISTRICTS. Where, uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and 'made a part of this ordinance the following rules shall apply. (a) The district boundaries are either streets or•alleys unless otherwise shhown., and where `the designations . on the map accompanying and made a part..of'this ordinance indicate the various districts are approx i'mately' bounded by, street or alley lines, said street or alleys shall be eel struea to be the boundaries of such districts. • -19- percent or more.of the area of all the property within a radius of two hundred (200) feet of any area proposed-to be changed, shall present to the City Council .a petition duly signed- and acknowledged by them, re- questing any such amendment- supplement or change .of the regulations prescribed for such district, or part thereof, the City Council shall act upon such petition within ninety (90)' •days after. the filing the;re.6f ' No amendment, change or supplement of the regulations or of the, bound- Aries of districts herein established.shall be, made except by 'a. four- fifths vote of the City Council, and if at the time of the hearing thereon a protest against such amendment, supplement.or- change is.presented duly signed and acknowledged by the owners of twenty ('20) percent or more of the frontage of property which will be. directly affected by the proposed amendment, supplement or change, or by the owners of. twenty (20) percent.::. of the frontage of .property which is immediately adjacent thereto, .either, in the rear, on the sides, or across the 'stre'et,.no such amendment, sup- element or change shall . be adopted except by unanimous vote,-of the; whole . City Council. SECTION 18. VALIDITY. If any section,-sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid; such decision shall not' affect the. validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and -eacb section, . sub - section, sentence, clause and phrase thereof,: irrespective of the fact that any one or more sections, sub - sections, sentences, clause or phrases be declared invalid. SECTION 19. ENFORCEMMIT , LEGAL PROCEDURE , PENALTIES. It :shall be the duty of the City Building Inspector to -enforce this ordinance. Any person, firm or-corporation violating any -provisions of this ordinance, or who disobeys, omits or refuses to comply with any of its provisions, shall be deemed guilty of a misdemeanor{, and upon conviction thereof shall be punishable by a fine of not more than five hundred dol- lars ($500.00), or by imprisonment of,not more than six (6) months, or -21- Finally passed this 10 day of November, 194 upon the following roll call vote: AYES: G.W.Ba - - -, -.. - Timothy I.0' Reilly NOES: None ABSENT: Kline W11ifgms Mayor City Clerk P �.m ro age• gym• m.�; Via. 4 H .Y 1, A � °m •*' 4y. �v �iet A Y tY• o..� Ji ° � ♦wl� a wlto� 4 R eg° i inr- r-gj All "AM _. MAP OF Job LUlb CALIFORNIA CITY PLANNING COMMISSION AW-USE PLAN SCALE gma4-30�