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Ordinance 711 i' ":A'~~.'. ~'>!il'll '; ~ ORDINANCE NO. 711 -AN ORDINANCE OF THE CITY OF GILROY, PROVIDING FOR THE ESTABLISHMENT WITHIN SAID CITY OF CERTAIN DISTRICTS WITHIN WHICH THE CLASSES OF BUILDINGS AND STRUCTURES AND THE USES THEREOF ARE LIMITED AND WHICH CERTAIN YARDS AND OTHER OPEN SPACES ARE REQUI.REfl AND CERTAIN OTHER REGULATIONS ARE APPLIED; DEFINING THE TERMS USED HEREIN: PROVIDING FOR THE GRANTING OF ADJUSTMENTS IN THE APPLICATION OF ANY OF THE PROVISIONS HEREOF; PRESCRIBING THE PROCEDURE FOR THE ADMINISTRATION AND AMENDMENT HEREOF; PRESCRIBING PENALTIES AND REMEDIES FOR ANY VIOLATIONS OF THE PROVISIONS HEREOF; REPEALING ORDINANCE NO. 422 AND AMENDMENTS THEREOF AND ALL OTHER 9RDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH: ADDPTING BY REF- ERENCE THE FOLLOWING ENUMERATED STANDARDS AND CODES FOR CONTROL AND REGULATION OF NOISE, SMOKE, ODOR AND EMISSIONS RELATED THERETO: (a) '~MERICAN STANDARD SPECIFICATION FOR GENERAL PURPOSE SOUND LEVEL METERS SL.4-1961, AMERICAN STANDARDS ASSOCIATION, INC., NEW YORK, NEW YORK"; "AMERICAN STANDARDS SPECIFICATION FOR AN OCTAVE BAND FILTER SET FOR THE ANALYSIS OF NOISE AND OTHER SOUNDS, Z24.10-1953, AMERICAN STANDARDS ASSO~IATlON, tNt., NEW YORK, NEW YORK.'I (ti) "STANDARD RINGLE- MANN SMOKE CHART, INFORMATION CIRCULAR 7718, AS ISSUED BY THE UNITED STATES BUREAU OF MINES, AUGUST, 1955"; (c) "ODOR THRESHOLDS IN CHAPTER 13.,'AIR POLLU- TION ABATEMENT MANUAL', COPYRIGHT 1951 BY MANUFACTURING CHEMISTS ASSOCIATION, WASHINGTON, D.C. AND MARKED EXHIBIT B IN SAID MANUAL. " PASSED AND ADOPTED this 16th day of September, 1963, A.D., by the following vote: AYES: COUNCIL MEMBERS: Eckard,Goodrich,Jordan,Quartiroli,Wentworth, and Petersen. COUNCIL MEMBERS: None COUNCIL MEMBERS: Duffin. NOES: ABSENT: FILE COPY IN THE SAFE ~ I { .. ... .. .. . - .. .. .. .. ... '. ... .. .. The preparation of this Zoning Ordinance was financed in part through an urban planning grant from the Housing and Home Finance Agency, under the provisions of Section 701 of the Housing Act of 1954, as amended. .. ... w .. '. - - ... ,. ... .. - .. ... .. ... '. . ... .. .. ... '. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .- ... ... '. .. .... .. .. .. ,. ... - Section 1 Section 2 Section 3 Section ,1 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 20 Section 21 Sec:tion 22 Sect:ion 23 Section 2,1 Section 25 Section 30 Section 31 Section 32 Section 33 INDEX T! TLE. . . . .. . . . . . . . . . . . . . . . .. eo . . . eo . .. . .. .. .. . .. .. . . '. .. . .. . . .. p~ge PUR POSES. . . . . . . .. <# .. .. . .. .. .. . .. .. . .. .. .. .. .. . .. .. .. . .. .. . . . .. .. .. .. . . .. 1 1 DEF INITI ONS.. .. . .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. ,. .. .. .. . . . . .. .. .. .. . .. .. . .. . .. 7 DI STRI CTS. .. .. .. . .. .. .. .. .. .. . .. .. . .. .. . .. . .. .. .. .. . .. . .. .. .. .. .. . .. . .. . .. .. . CONFORMITY REqUIRED.............................. 7 INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PR OV:r S JON F OR CONTI NUl TY . . . . . . . . . . . . . . . . . . . . . . . . . 8 ZONING MAP - INTERIM MAP........... . . . . . . . . . . . . . . 8 REVISED ZONE ~~P - ADOPTION...................... 9 BOUNDARI ES.. .. .. .. .. .. . .. .. .. . .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. 9 RESIDENCE DI STRICTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Res:idence Agricultural Districts, RADistricts............... 11 Single Family Residence District, R1 District......... ....... 12 Two Famj.ly Residence District, R2 District.. It't Low Density Multiple Residence District, R3 District................ 15 .~4~m Densi ty Multiple "P-am:i Iy Residence District, ~ District...... 18 /?3X COJv1J1ilERCIAL DI 3TRI CTS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 r-+4-U~...u PO CUU1IIJ~u...ii::d Office District, -ee District..... 21 Neighborhood Commercial District,C1 District 23 General Commercial District, C2 District.... 27 . Sec t10n [to INDUSTRIAL PARK Dr STRICT. .. .. . . .. .. . .. . . . . .. . . ... 31 .... - - Section Lll .,. mlu::s lr ;41 Park D i s t r i c t-, ~U Dis tr-i c.i.". . . . . . 31 . ;&"'t(.~ J.." Section (12 -eight Jndustria1 District, M2 District..... . 38 Sec t1 on /13 Heavy Industrial District, M3 District..... . 41 .. ... .. '. ... .. .. .. .. .. .. '. .. .. .. .. ... t" - .. - ... .. ". - '...... J i ",j INDEX (cont'd) Page Section 50 COMBINING REGULATIONS.. .. .... . .. .. . .. .. . . .. .. .. . 42 Section 51 Section 52 Section 53 "AI! Agricu1 tural Zoning Area............... 42 "B" Building Si te Zoning Area.............. it3 "S" Special Zoning Area................... 44 Section 60 GENERAL REGULATIONS............................. 51 Section 61 Sect-ion 62 Section 63 Section 6it Section 65 Section 66 Section 67 Section 68 Section 70 Section 71 Section 72 Section 73 Section 7,1 Section 80 Section 81 Sect'; on 82 Section 83 Section 84 Section 85 Sec t~ on 86 Section 87 Public Services - Exceptions............... 51 Building Site Requirement - Exceptions. .... 51 Lot Coverage - Eyceptions.................. 52 Yard Requirements.......................... 52 Accessory Uses...................................................... 55 Accessory Buildings........................ 56 Tempor ary Uses............................. 57 Signs in R District........................ 58 VARIANCES. ..... .................. ....... ............................ ........... 60 COND! TI ONAL USES................................ 61 NON-CONFOID4ING USES AND BUILDINGS............... 64 APPLICATJ ONS AND FEES.. . . . . . . . . . . . . . . . . . . . . . . . . . 68 Alv'lEND ~JlENTS.. .. .. .. .. .. .. .. . .. . .. .. . .. . .. .. .. .. . . .. .. .. .. . . .. . .. .. .. .. .. .. .. . 68 PLANNING CO~WISSION - paqERs.................... 69 HEARl NGS.. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. . .. .. . .. .. . . .. .. .. .. .. . .. .. .. .. .. .. .. . 70 APPEAL. .. .. .. . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. . .. .. .. . .. .. . .. .. 71 E~JF OR CEhlENT . . .. .. .. .. .. .. .. .. . .. .. .. .. . .. .. .. .. . . .. .. .. .. .. . .. . .. .. .. .. .. .. .. 7 3 REPEALI I'JG.. .. .. .. .. .. .. .. .. .. .. . .. .. '. .. .. .. .. . . .. . . .. .. .. .. .. .. .. .. .. . . .. .. .. .. 74 VALl D I TY .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. .. . .. .. .. .. .. 74 REF ER.EN CE.. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. . .. . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7 4 ENACThffiNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 it .. .. '. .. .. . .. ORDINANCE NO. 711 '. .. - AN ORDINANCE OF THE CITY OF GILROY, PRO- VIDING FOR THE ESTABLISHNffiNT WITHIN SAID CITY OF CERTAIN DISTRICTS VHTHIN,lJHICH THE CLASSES Of BUILDINGS AND STRUCTURES AND THE USES THEREOF ARE LIMITED AND IN WHICH CERTAIN YARDS AND OTHER OPEN SPACES ARE REQUIRED AND 8ERTAIN OTHER REGULATIONS ARE APPLIED; DEFINJNG THE TERMS USED HEREIN: PROVIDING FOR THE GRANTING OF ADJUSTMENTS IN THE APPLICATION OF ANY OF THE PROVISIONS HEREOF; PRESCRTBING THE PROCEDURE FOR THE ADMINIS- TRATION AND ~ffiND~ffiNT HEREOF; PRESCRIBING PENALTIES AND REMEDIES FOR ANY VIOLATIONS OF THE PROVISIONS HEREOF; REPEALING ORDINANCE NO. ~22 AND ~ffiNDMENTS THEREOF AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN SONFLICT HEREWrTH; ADOPT!NG BY REFERENCE THE FOLLO\:';J1:NG ENUMERATED STANDARDS AND CODES FOR CONTROL AND REGULATION OF NO!SE, SMOKE, ODOR AND EMISSIONS RELATED THERETO: (a) "AFERICAN STANDARD SPEC!FICATTON FOR GENERAL PURPOSE SOUND LEVEL METERS S1.L1-1961, AMERICAN 3TANDARDS ASSOCIATION, INC., NE~i! YOR~(, NEW YORK"; "AMERICAN STANDARDS SPECIF::CATION FOR AN OCTAVE BAND FILTER SET FOR THE ANALYSIS OF NOISE AND OTHER SOUNDS, Z2d.l0-1953, N.lliRICAN STANDARDS ASSOCIATION, INC.7 NE'\T YORK, NEW YORY." (b) "STANDARD R:'f"NGELIvlANN SMOKE CHART, INFORIAATION CIRCULAR 7718, A3 ISSUED BY THE UNITED STATES BUREAU OF MINES, AUGUST, 1955"; (c) "ODOR THRESHOLDS IN CHAPTER 13, 'AIR POLLUTION ABATEMENT MANUAL', COPYRIGHT 1951 BY N~NUFACTURING CHEMISTS ASSOCIATION, '~JASHINGTON, D.C. AND MARKED EXHIBIT B IN SAID MANUAL." .. .. '. .. .. .. .. .. ,- i. ,- - - ,,. ". - - '. - '. - - - - - - 11II . '. '. .. "" ,. . . SEC. 1 SHORT TITLE. This chapter constitutes and may be referred to as the Zoning Ordinance. It is hereby declared to be a precise part of the Gilroy General Plan. It provides for the division of the City into districts within each of which the uses of land and buildings and the height and bulk of buildings and the open spaces about them are regulated as specified. . . .. ,. '. SEC. 2 PURPOSES. The intent of this Zoning Ordinance is to promote and protect the public health, safety, peace, comfort, convenience and general welfare. It is adopted for the following more particularly specified purposes: .. .. 1*11lt (a) To provide adequate light, air, privacy and convenience of access to property; and to secure safety from fire and other dangers. (b) To prevent overcrowding of land and undue congestion of population. .. I\lIl "'" (c) To regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public thoroughfares. ,. ... . SEC. 3 DEFINITIONS. For the purpose of this chapter certain terms used herein are def~ned as follows: The word "Commission" shall mean the City Planning Commission of the City of Gilroy, California; the word "Council" shall mean the Ci ty Council of the Ci ty of Gilroy, Ca1iforn:i a. 'r.lords used in the present tense shall include the future; words used in the singular shall include the plural; the word fYsha11" is mandatory, and the word "mayl1 is directory. .. ... .. . .. ... .. ... ... -1- .. .... ... .. . .. """ . .. .. .. - ACCESSORY USE OR STRUCTURE. A use or structure sub- ordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use such as parking garage, storage building and swimming pool. .. . .. AGRICULTURE. Farming, dairying, pasturage, apiaries, horticulture, floriculture, viticulture and animal or poultry husbandry, but not including the commercial feed- ing of garbage or offal to swine or other animals. . '. .. ALLEY. Any public thoroughfare not exceeding thirty (30) feet in width which affords only a secondary means of access to abutting property. . . '- BLOCK. All property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, deadend street, city boundary, or undivided acreage. - ... ... BUILDING. Any structure having a roof supported by columns or by walls and used or designed for the shelter or housing of any person, animal, or chattel. .. .. BUILDING, ACCESSORY. A subordinate building, the use of which is incidental to that of a main building on the same lot, except as otherwise provided in Section 21. ... . BUILDING, MA~~. A building in which is conducted the principal use of the lot upon which it is situated. Every dwelling in an R district is a main building, except as otherwise provided in Section 21. .. .. .. BUILDING SITE. The land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and use accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by this chapter, and having its principal frontage on a street, road or highway. .. .. .. .. - - -2- - .. u 10\ "III ... .. "" DISTRICT. A portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this chapter. .. iIt. .. ... DISTRICT, COMBINING. Any district in which the general district regulations are combined with those special districts defined in Section 50 of this chapter for the purpose of adding additional special regulations. DWELLING. A dwelling is a building or portion thereof, containing one or more dwelling units as defined herein. A single-family dwelling is a building containing exclusively one dwelling unit. A two-family dwelling is a building containing exclusively two dwelling units. A r.lU1tip1e dwelling is a building, or portion thereof, containing three or more dwelling units; but not including a motel, hotel or boarding house as defined herein. .. .. .. ... .. "!II .. ... DvffiLLING GROUP. A group of two or more detached or semi- detached single-family, two-family or multiple dwellings occupying a parcel of land in one ownership and having any yard or open space in common, includi~g house courts, but not including motels. DWELLING UNIT. One or more rooms desigr.2d for, or used as a residence and constituting a separate and independent housekeeping unit, with a single kitchen. The term does not imply or include such type of occupancy as a lodging or boarding house, club or hotel. .. ,. .. FAMILY. One or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. FENCE. Any structure forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. >/III ... . GARAGE. An attached or detached accessory building used for the storage of vehicles or trailers by the families resident upon the premises. GUEST HOUSE. Detached living quarters of a permanent type of construction and without kitchens or cooking facilities, and where no compensation in any form is received or paid. ... -3- 4* ~ HEIGHT, BUILDING. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. ~ HOTEL. A building containing six or more bedrooms, without individual cooking facilities, which are designed to be used or rented to, or which are occupied by, six or more individuals for compensation whether paid directly or indirectly. A motel, as defined herein, shall not be deemed to be a hotel. ~ JUNK YARD. The use of any outdoor space where junk, waste, discarded or salvaged materials are stored or handled; including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of sal- vaged house wrecking and structural steel materials and equipment, except when any such use is accessory and incidental to a permitted agricultural use. . ~ LOT, CORNER. A parcel of land in one ownership or control which is bounded on two or more adjacent sides by street lines; where the interior angle of intersection does not exceed 135 degrees. LOT, INTERIOR. A lot other than a corner lot. LOT, KEY. The first lot to the rear of a corner lot, the front line of which is a continuation of the sideline of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. ~ LOT LINE. The front line of a lot or building site is the line separating the narrowest street frontage from the street. l~here two such lines are equal, the owner may select either as the front lot line. The rear lot line is the side opposite the front lot line, except as otherwise provided in Section 6~,. Any boundary of a lot or building site not a front lot line or a rear lot line is a side lot line. ~ ~ LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets. LOTt WIDTH. The width of the lot measured at right angles to 1tS depth at a point midway between the front and rear lot lines. Average lot width shall mean the average width of the lot throughout its full depth measured at right angles to the depth. _,1_ ~. 1":4 .. MOTEL. A building or group of one-story or two-story buildings on the same lot, whether detached or in connected rows, containing sleeping or dwelling units independently accessible from the outside, with garage space or parking space located on the lot and designed for or occupied by automobile travelers. The term includes any building or building groups designated as an auto court, motor lodge, tourist court, or by any other title or sign intended to identify such use as catering to motorists. .. ... .. .. '" '~ PERSON. Includes any individual, city, county or city and county; partnerships, corporations, co-operatives, association, trust or any other legal entities, including the federal government. .. ., '" REST HO~ffi. Any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California. .. " ,1Ili SANTTARIUM. A health resort or retreat or other place where patients are housed, and where treatment is given, but e~c1uding mental institutions or institutions for the treat- ment of persons addicted to the use of drugs. SET BACK LINE. A line establ5shed by this chapter to govern the placement of buildings or structures with respect to lot lines, streets, or alleys. '" STORY. Shall mean that portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. ;.,a STREET. A public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road,' and any other thoroughfare except an alley as defined herein. '. ., STRUCTURE. Anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, but excluding driveways, uncovered patios, or parking spaces. . -1M STRUCTURAL ALTERATION. Any change which would prolong the life of the supporting members of the building such as bearing walls, columns, beams, girders, floor or ceiling joists, rafters. . -5- ... ....... .. .. .. ,lIII USE. The purpose for which land or premises or a building rs-designed, arranged or intended, or for which it is occupied or maintained, let or leased. .. USE, ACCESSORY. A use subordinate and incidental to a principal use of the sane building site which does not alter the essential characteristics of the use considered as a whole or as related to other uses permitted in the s a me d is t r i ct. ~ '. .. ... USE, PRINICPAL. Any use which is not specifically defined and listed as an accessory use. .. III YARD. An open space other than a court on the same lot with a building, which open space is unoccupied and un- obstructed from the ground upward, except as otherwise provided in this chapter. .~ .... YARD, FRONT. A yard eytending across the front of the lot between the side yard lines and measured from the front line of the lot to the nearest line of the building; provided, however, that if any official plan line has been established for the street upon which the lot fronts, the front yard measurement shall be taken from such official plan line to the nearest line of the building. ... YARD 5 REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. "" YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. .. "'" ... -6- .. ,..... SEC. 4 DISTRICTS. For the purposes of this chapter the area of the City of Gilroy shall be divided into the fOllowing zoning districts: RA or Residence Agriculture District ~~ R1 or Single-family Distr~ct '\1!4iI R2 or Two-family District R3 or Low Densi ty }:lu1 tip1e-fami1y District ,... R~ or Medium Density Multiple-family District CO or Commerc:i a1 Off jce Distric t '" C1 or Neighborhood Commercial District ,. C2 or General Commercial District Ml or Industrial Park District M2 or Light Industrial District M3 or Heavy Industrial District ffltI' .. SEC. 5 CONFORMITY REQUIRED. Except as otherwise provided herein, land, buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for that district. No building shall hereafter be erected, reconstructed, relocated or structurally altered to have a greater height or bulk, a higher proportion of coverage, or smaller yards or open spaces about it than permissible under the limitations set forth herein for the district in which such building is located. No yard, open space or off-street parking space or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space, or loading space, or further reduced if already less than said minimum requirements, eycept as hereafter provided. No open space or off-street parking space, or loading space existing or hereafter pro- vided for a building or use and necessary to meet or partially meet the requirements of this ordinance shall be considered as all or part of the open space, off-street parking space, garage space or loading space required for any other building or upon any other lot. No lot held under one ownership at ~ 0<<1 -7- ,"; ,,- .. .. .. ". .. the effective date of this ordinance shall be reduced 1n dimension or area in relation to any building thereon so as to be smaller than required by this ordinance; if already less, the dimension or area shall not be further reduced. Every department and employee of the City author- i?ed to issue permits or licenses affecting the use or occupancy of land or of a structure shall comply with the provisions of this rhapter. I'Jhere any action of referral or on an appeal is required by this chapter, no such permit or license shall be issued unless and until such an action has been taken and the time within which an appeal could have been taken has expired. If any proposed structure, use or occupancy for which a permit or license is sought conforms with this chapter in all respects, the application therefore may be approved as to zoning; and otherwise it shall be denied. Any permit or license hereafter issued contrary to the provisions of this chapter shall be void and of no effect. .... .. .. ". .. .... .. .. .. .. .. SEC. 6 INTERPRETATION. In their interpretation and appli- cation, the provisions of this chapter shall be held to be minimum requirements. Except as specifically herein pro- vided, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance of the City, or any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of build- ings, or requires larger building site areas, yards or open spaces than are imposed or required by any such other law, ordinance, easement, covenant or agreement, then the pro- visions of this rhapter shall control. .. . '. .. """ . - SEC. 7 PROVISION FOR CONTINUITY. The provisions of this chapter, to the e~tent that they are substantially the same as Those in prior effect relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. No substantial property right accrued, or action or proceeding commenced prior to the effective date of this chapter, is affected by the pro- visions hereof, but all procedure hereafter taken shall conform to the provisions of this chapter. .... '. .. .... .. .. SEC. 8 ZONING MAP - INTERIM r.rlAP. Pending the preparation and adoption by amendment of a revised Zoning Map, the "Official Zone Napll previously made a part of the Zoning Ordinance, hereinafter designated the IYlnterim District Map" shall continue to be in full force and effect and shall be - - -8- """ ,. - ... .. "'" deemed to be incorporated herein as though fully set forth; provided, however, that the regulations affecting the various districts shownfuereon shall be as set forth in the following table: .. .. "" (a) Existing "A" Districts shall be classified as R1 Districts .. '. (b) Existing "B" Districts shall be classified as R3 Districts - '. (c) Existing "CIf Districts shall be classified as C2 Districts ... '. (d) Existing "Cl" Districts shall be classified as C1 Districts ... III (e) Existing "D" Districts shall be classified as M2 Districts ... (f) Existing "Elf D1.stricts shall be classified as RA Districts. .. SEC. 9 REVISED ZONE ~/~P - ADOPTION. The ordinance adopting a revised Zone Map shall constitute an amendment of this chapter. The original copy of any map so adopted shall be filed with the C:ity Clerk and shall thereafter be deemed to be incorporated herein as though fully set forth, and the If Interim District Map" covering the city shall thereupon cease to be effective. ,. ',i(f .. .", (a) During the period in which the Interim District Map is effective, such map may be amended as to the distr~ct c1ass~fication of any specified area shown thereon; provided, that the district into which any property is placed by such amendment shall be one of those specified in Section 4 hereof, and the regulations set forth herein for such district shall apply to the property reclassified during the said effective period. .. 11 .. ... " SEC. 10 BOUNDARJES. Wherever any uncertainty exists as to the boundary of any district shown on any zoning map made a part hereof, the following rules shall apply: .. ;;11 (a) 1{'Jhere boundary lines are indicated as f 011ow- ing streets and alleys, they shall be construed as following the center lines thereof. .., <II -9- .... - 'lit .. '.. .. .. (b) ~'l.1here boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries. .. .... .. (c) Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated upon the zoning map using the scale appearing on such map. "'" .,. ... (d) Where a lot held in one ownership and of record at the effective date of this ordinance is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided, that this regulation shall not apply if it increases the area of the less restricted portion of the lot by more than twenty (20) percent. (e) Where further uncertainty exists, the Plan- ning Commission upon written application, or upon its own motion, shall by resolution determine the location of a disputed boundary, giving due con- sideration to the apparent indicated location thereof and the scale of the zoning map and the expressed intent of this ordjnance. ,. '. ... ,. ... .. .... .. .... .... (f) Wherever any property is not under these rules specifically 1nc1uded in any district shown on the zonjng map, such property is hereby declared to be in an R1 district. .. .. SEes. 11 - 19 (omitted) "'II '. ''''II '. .... ,. '. . -10- - -'" .. ~ .. ... '- - !II SEC. 20 RESIDENCE DISTRICTS. Certain classes of districts, designated by the primary symbol "R", and referred to collectively herein as Residence Districts or R Districts, are established to provide space in suitable locations for the various types of dwelling accommodations needed in the City, and to provide a means of regulating the density and distribution of the population in conformance with the General Plan. ... '. .. .. '. SEC. 21 RESIDENCE AGRICULTURAL DJSTRICT, RA DISTRICT. The following regulations, except to the extent that they may be modified by combining districts, shall apply to every lot and building site in an FA district and shall be subject to all the general provisions of this chapter. .. ,. .. ... SEC. 21.1 USES PERMITTED, RA DJSTRICT. The following uses are permitted in an RA district: ... (a) All uses permitted in an R1 district, including, without conditions, the uses listed under (a) and (b) of Section 22.2. .. .. '.. (b) Agriculture, as defined, including the keeping of small livestock, but excluding any large animal husbandry or dairying, all subject to the provisions of Chapter 4 of this Code. (c) Additional dwellings, when occupied by farm employees and families of the same. ,.", '. ... (d) Keeping, subject to the limitations of Chapter ~ of this Code, of such horses and mules as may be necessary in connection with permitted agriculture. III ~. .. .. (e) Sale on the premises of farm products originating thereon. ... SEe 21.2 CONDITIONAL USES, RA DISTRICT. The following uses shall be permitted only if the issuance of a use permit is approved by the Commission or by the Council on appeal: (a) Dairying or animal husbandry (large animals subject to the limitations of Chapter 4 of this Code. ) OIl ill '" . .. (b) Accessory building, used primarily for the sale of farm products. (c) Removal of earth or other natural materials by excavation or grading for sale. -11- '. .. '" .. .. .. ,,.,. .. SEC. 21.3 RA DISTRICT. The minimum area 0 a bui1dlng slte or one dwelling shall be seven thousand (7000) square feet. The number of additional dwelling units for farm help shall not exceed one for each additional ten thousand (10,000) square feet in the building site. .. . .. SEC. 21.4 OTHER REQUIRE~ffiNTS, RA DISTRICT. The requlre- ments of Section 22.4, 22.5, 22.6, 22.7 and 22.8 shall apply in RA d~stricts. j. III SEC. 21.5 SPECIAL REGULATIONS, RA DISTRICT. In an RA district any building, except one used primarily for the sale of farm products, which is incidental to the conduct of the permitted agricultural use shall be deemed to be a permitted accessory building; provided, that no building used in connection with, or for the housing of livestock shall be located closer than forty (40) feet to the front lot line. All animal husbandry uses shall be subject to the provisions of Chapter 4 of the Code. ,. III .. III .. .. SEC. 22 SINGLE FAMILY RESIDENCE DISTRICT, R1 DISTRICT. ... - The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an R1 district and shall be subject to all of the general provisions of this chapter. .. SEC. 22.1 USES PERMITTED, R1 DISTRICT. The following uses are permitted in an R1 district: . ... (a) Single family dwelling ... (b) Accessory buildings and uses (c) Temporary building or use, as specified in Section 67 ... . .. (d) Sale or lease sign, as specified in Section 68 .. .. (e) Garden, horticulture, orchard, where no main building is involved. .. (f) Church (except rescue mission or temporary revival) provided all the following conditions are met: ,. ,. .. (I) Yards: front ~ard - 20 feet side yards - 25 feet rear yard - 20 feet - -12- ,- "'" .. "" .. ". ... ,. 'II (2) Area: Minimum building site area - 21- acres . 'III (3) A public parking area shall be provided. The parking requirement shall be as set forth in Section 53. of this Code. ,. 111 (~) Front yard and side yard areas shall be improved and landscaped in a manner compatible to the balance of residential property in the neighborhood. ".. "III 'II SEC. 22.2 CONDITIONAL USES, R1 DISTRICT. The following uses shall be permitted only if the issuance of a use permit is approved by the Commission, or by the Council on appeal: (a) Public or private school, attendance at which satisfies the requirements of the compulsory edu- cation laws of the State of California. . .. 'III . ... (b) Public building or public service facility; provided, that operating requirements necessitate location with:in the district, but not including a storage garage, machine shop or corporation yard. (c) Removal of earth or other natural materials by excavation or grading. III .. :!lliiI (d) Public park, playground or community center owned and operated by a governmental agency or a non-profit community organization. .. .. ... (e) Golf course, country club, but not including driving tee or range, miniature course, or similar uses operated for commercial purposes. '. .. ;48! (f) Church, located on any parcel of land con- taining less than 21- acres. .. (g) Home occupation. 'II SEC. 22.3 BUILDING SITE AREA REQUJRED, R1 DISTRICT. The minimum area of a building site shall be six thousand (6000) square feet, except as otherwise provided in Section 62. <III ~.. .. ... -13- .. ... ... .. ... .. .. .. .. .. .. . .. .- .. .- .. .. .. .oIi'" ... .- '. . .. 41 '" . "" iilI <I . <Ii ,. SEC. 22.Ll. HEIGHT AND COVERAGE LIMITATIONS, R1 DISTRICT. The aggregate ground coverage shall not exceed forty (40) per- cent of the building site. No dwelling shall have a height in excess of thirty (30) feet. If the height of a main building other than a dwelling exceeds thirty (30) feet, then such main building shall be approved in accordance with Section 71 of this chapter. SEC. 22.5 FRONT YARD, R1 DISTRICT. Except as otherwise provided in Section 6,1, the minimum depth of the front yard shall be twenty (20) feet, or in lieu thereof, shall be the distance from the front lot line to the building line, if a building line is established by ordinance for the street on which the lot faces. SEC. 22.6 SIDE YARD, R1 DISTRICT. The minimum width of each side yard shall be six (6) feet; or ten (10) percent of the lot width if that be less; but in no case shall it be less than four (4) feet; provided, that the side yard on the street side of a corner lot which is adjacent to a key lot shall have a width not less than half the depth of the front yard required on such key lot up to a maximum requirement of ten feet for such side yard. (a) tr'lherever a dwelling is so placed that the front or rear thereof abuts a side lot line, such dwelling shall be not less than twenty-five (25) feet from such side lot line. SEC. 22.7 REAR YARD, R1 DISTRICT. The depth of rear yard shall not be less than twenty (20) percent of the lot depth, with a minimum requirement of fifteen (15) feet. SEC. 22.8 PARKING REQUIRErffiNT, R1 DISTRICT. For each dwelling there shall be provided and maintained on the lot two parking spaces, as regulated in Section 53. In an R district which is combined with an S district, parking spaces for every main building other than a dwelling shall be required as specified in Section 53. SEC. 23 TWO FAMILY RESIDENCE DISTRICT, R2 DISTRICT. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an R2 district and shall be subject to all of the general provisions in this chapter. SEC. 23.1 USES PERMITTED, R2 DISTRICT. uses are permitted in an R2 district: The following .. (a) Any use permitted in an Rl district " (b) Duplex or two-family dwellings. -14- . ~- .,.. .. - - - - .. - .- '.. . '. .- '. ... .. - - ,,""lUll'" - ,. .. .- - .- .. .. .. .- .- .. .. - SEC. 23.2 CONDITIONAL USES, R2 DISTRICT. The following uses shall be permitted only if the issuance of a use permit is approved by the Commission, or by the Council on appeal: (a) Any conditional use permitted in the R1 district. SEC. 23.3 BUILDING SITE AREA REQUIRED, R2 DISTRICT. The minimum area of a building site shall be eight thousand (8,000) square feet, except as otherwise provided in Section 62. SEC. 23..1 HEIGHT AND COVERAGE LIMITATIONS, R2 DISTRICT. Same as Rl district. SEC. 23.5 FRONT YARD, R2 DISTRICT. Same as R1 district. SEC. 23.6 SIDE YARD, R2 DISTRICT. Same as R1 district. SEC. 23.7 REAR YARD R2 DISTRICT. Same as R1 district. , SEC. 23.8 PARKING REQUIREMENT, R2 DISTRICT. For each dwelling unit there shall be provided and maintained on the lot two (2) parking spaces, as regulated in Section 53. In any R district which js combined with an S district, parking spaces for every main building other than a dwell- ing shall be required as specified in Section 53. SEC. 24 LOW DENSITY MULTIPLE RESIDENCE DISTRICT, R3 DISTRICT. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an R3 district and shall be subject to all of the general provisions in this chapter. SEC. 24.1 USES PERMITTED, R3 DISTRICT. The following uses are permitted in an R3 district: (a) All uses permitted and as regulated in R1 and R2 districts. (b) Multiple dwelling (c) Dwelling group. .. -15- .. NIl '. -- .. .. .. .. .. - .. '. .- '. .- .. ,. .. .- - <II...... ... .. .. .. .. ,. .. ,. - - ... .. '. - . .- .. .. SEC. 2A.2 CONDITIONAL USES, R3 DISTRICT. The following uses shall be permitted only if the issuance of a use permit is approved by the Commission, or by the Council on appeal. (a) All conditional uses permitted in R1 and R2 distrir.ts. (b) Parking lot, when established to fulfill parking requirements for a permitted or conditional use or uses in the district. (c) Hospital, rest home, sanitarium, clinic or other building used for the treatment of human ailments. SEC. 2".3 BUILDING SITE Al-::tEA RErUJRED R3 DISTRICT. The minimum area 0 a bU11ding s1te shall be as ollows: (a) For a dwelling, or dwelling group, eight thousand (8000) square feet, or such greater area as may be required to meet the density limitations of Section 2^.9. (b) For a church or school, twenty thousand (20,000) square feet. (c) A greater area where required as a condition of approval under other provisions of this chapter. SEC. 24.Ll. HEIGHT AND c;OVERAGE LDUTATIONS, R3 DISTRICT. The aggregate ground coverage shall not exceed fifty (50) percent of the area of the building site. No dwelling shall have a height in excess of thirty (30) feet or two stories. The height of a main building other than a dwelling shall be as approved by the Planning Commission in accordance with the provisions of Section 71 of this chapter. SEC. 2A.5 FRONT YARD, R3 D~3TR)CT. Except as otherwise provided in Section 6d, the minimum depth of a front yard shall be fjfteen (15) feet, or in lieu thereof, shall be the distance from the front lot line to the building line, if a building line is established by ordinance for the street on which the lot faces. SEC. 24.6 S!DE YARD, R3 DISTRICT. The requirement for side yards shall be the same as in R1 districts except as otherwise specified for dwelling groups. -16- .. .. .. ... .. . .. .. .. . ,. . ., ... .. .. . .. .- .. .- '.... .- .. .. .. . ,. .. .. .. '... .. SEC. 24.7 REAR YARD, R3 DISTRICT. The depth of the rear yard shall be not less than fifteen (15) feet except as otherwise specified for dwelling groups. SEC. 24.8 ry,VELLING GROUP, R3 DISTRICT. The following additional regulations shall apply to a dwelling group. (a) No dwelling facing a side lot line shall be less than fourteen (14) feet from such line. (b) No dwelling having its rear to a side lot line shall be less than seven (7) feet from such line. (c) The distance between dwellings which face one another and which are one story in height shall not be less than twenty (20) feet; and in case of two story dwellings shall not be less than twenty-four (24) feet. In othe~ cases the distance between dwellings shall not be less than ten (10) feet. (d) Where a driveway provides access to the parking space for more than four dwelling units it shall have a width sufficient to provide for two lanes of vehicle movement, or there shall be two connected driveways. (e) No building shall be so located on the lot that the rear thereof abuts on any street line. (f) The building site for a dwelling group shall have a rear yard of a depth not less than ten (10) feet; or five (5) feet if it abuts upon a public park or a public way. (g) In case the buildings of a group are so located on the lot that the rear of the building which faces the street is faced by the front of a building to the rear, et seq. (Le. in a "front to back" series), no Duch building shall be closer than twenty-seven (27) feet to any other such building. SEC. 24.9 DENSITY LHiITATION, R3 DISTRICT. The number of dwelling units in a multiple dwelling or a dwelling group shall not exceed the number obtained by dividing the area of the building site by two thousand (2,000), adjusting any fractional result where the fraction is equal to or less than one-half, to the next lower whole number. .. -17- .. .. .. ,. - .. . SEC. 25 MEDIrn~ DENSITY MULTIPLE FAMILY RESIDENCE DISTRICT, RA DISTRICT. The following regulations except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an R4 district and shall be subject to all the general provisions of this chapter. - .. .. '. SEC. 25.1 USES PERMITTED, R4 DISTRICT. The following uses are permitted in an RA district: - ... (a) All uses permitted in the R3 district 'II (b) Court apartment (c) Apartment hotel . .. (d) Hotel or motel, in which incidental business may be conducted only as a service for the persons living therein, provided there is no entrance to such place of business except from the inside of the building and that no sign advertising such business shall be visible from the outside of the building. .... 111I - ~'" J~'1lI (e) Private club, lodge, fraternity or sorority, except those the chief activity of which is service c:ustomari1y carried on as a business. .If "1'. SEC. 25.2 CONDITIONAL USES, R4 DISTRICT. Trailer parks or mobile home parks subject to all other provisions of the Gilroy Municipal Code. ,If ... SEC. 25.3 BUJLDING SITE AREA p~ UlRED R4 DISTRICT. The minimum lot area shall be seven thousand 7, 0 square feet upon which may be permitted a two-family dwelling. For each additional dwelling unit there shall be provided an additional one thousand (1,000) square feet of lot area. Any lot fourteen thousand (14,000) square feet or more in area may be used for a building or group of buildings con- taining not more than ten dwelling units. For each dwelling unit in excess of ten there shall be provided an additional seven hundred fifty (750) square feet of lot area together with such additional open space as may be necessary to meet other requirements of this section. For buildings other than dwellings the lot area shall be the same as that provided in the R3 district. . .. .. .. .. .. .. ... .. -18- .. ,. .. .,. .. .. .. .. SEC. 25.4 HEIGHT LIMITATION, R4 DISTRICT. Building heights shall be limited as follows: 1. 1. (a) Non-residential buildings (except accessory buildings) same as R3 district (b) Residential buildings - none (c) Accessory buildings - 15 feet maximum. ... .. .. ... Any building having a height of three stories or more shall be provided with adequate elevator service. ". '. SEC. 25.5 FRONT YARD, Rt1. DJSTRICT. Except as otherwise provided in Section 64, the minimum depth of the front yard shall be fifteen (15) feet, or in lieu thereof, shall be the distance from the front lot line to the building line, if the building line is established by ordinance for the street on which the lot faces. ,. .. "!- ... SEC. 25.6 SInE YARD, R4 DISTRICT. yard shall be fifteen (15) feet or of the building at a point nearest whichever is greater. The width of each side one-third of the height to the side lot line, :!il_ .. SEC. 25.7 REAR YARD, R4 DISTRICT. The distance between the rear property line of a lot and the nearest point of any main building on the same lot adjacent to such rear lot line shall not be less than twenty-five (25) feet. ... I. .. SEC. 25.8 OTHER REQUIREVillNTS, R4 DISTRICT. (a) Dwelling groups with buildings less than thirty (30) feet in height shall conform to the regulations set forth for such use in the R3 district. .. ... 'III .. (b) No main building shall be closer to any other main building on the same lot than one-half the sum of the height of the two buildings. (c) Detached accessory buildings shall be subject to the same regulations as specified for R1 districts. ... ... '. ... ,. (d) Usable open space. Upon any site occupied by a multiple dwelling or dwelling group there shall be provided nox less than eight hundred (800) square feet of usable open space for each dwelling unit. Usable open space is that portion ... ... -19- '. .,. '. .. .. - - .. .. .. . - . ... . ... . .- .. - l~ :(1""'- ',. .. II. - '. - ,'. .. '. .. ~. .. ~. .. of the building site designed and used for land- scaping, outdoor recreation and building service yards. In calculating the lot area available for usable open space all of the following shall be deducted from the gross area of the lot: (1) Main building coverage together with any other roofed area, except a pedestrian bree?:eway; (2) Three hundred (300) square feet for each required parking space not provided in a roofed structure; (3) Automobile driveways (4) Any portion of a lot having a ground slope in excess of thirty (30) percent. (e) Parking. For each dwelling unit in excess of two, there shall be provided at least three (3) permanently maintained parking spaces for each two such dwelling units. Such parking space must be on the same lot with the main building and must be so arranged as to provide for adequate ingress and egress. Driveways to parking spaces shall be not less than ten (10) feet wide, and no parking space shall be less than nine (9) feet wide and twenty (20) feet long. A space at least nine (9) feet wide and twenty-five (25) feet long immediately to the rear of each such parking space shall be maintained at all times free and clear of obstructions. The driveway to the paLdng space may be included w~thin this required clear space. SEC. 25.9 DENSITY LIMITATION, Rd DISTRICT. The number of dwelling units in a building on a lot, or in any group of buildings on a lot, shall be deemed to be restricted inde- pendently by each of the regulations herein set forth, and shall not e~ceed a number which permits the observance of all of the development standards herein set forth; provided, however, that where more than one lot is improved as a unit, the Planning Commission, in accordance with the provisions of Section 52 of this chapter, shall have authority to modify development standards prescribed for side or rear yards, or distances between main buildings when such action will promote excellence of development consistent with the intent of this section. SECS. 26 - 29 (omitted) .. -20- '. .. ". - .. Ii. - ... SEC. 30 COM~~RCIAL DISTRICTS. Certain classes of districts, designated by the primary symbol IlC", and referred to collectively here as Commercial districts or C districts, are established to provide space in suitable locations for various kinds and types of commercial uses needed within the city, and to provide that such uses shall be compatible with other land uses within the city and carry out the provisions in the General Plan. . .. .. .. - SEC. 31 COMMERCIAL OFFICE DISTRICT, CO DISTRICT. The following regulations except to the extent that they may be modified by a combining district, shall apply to every lot and building site in a CO district and shall be subject to all of the general provisions of this chapter. It is intended by the establishment of a Commercial Office district to accommodate a demonstrated need for the development of office space together with the necessary landscaping and off-street parking facilities in locations served by primary access, yet inappropriate for commercial development because of the close proximity to residential uses. It is ~_ntended that the commercial office uses established in this district shall be designed and land- scaped so as to be in harmony with adjacent residential uses. .. .. .. .. .. - - .... SEC. 31.1 USES PEro~ITTED, CO DISTRICT. The following uses are permitted in a CO district: . .. (a) Administrative or executive offices, including office management operations, direction of enter- prises, and similar uses, but not including merchan- dising or sales services. .... - ... (b) Professional offices, including offices devoted to the practice of the professions and arts, such as architecture, dentistry, engineering, law, and medicine, but not including the sale of drugs or prescriptions except as incidental to the principal use and where there is no external evidence of such incidental use. .. . .. .. ... SEC. 31.2 CONDITIONAL USES, CO DISTRICT. '. (a) Research laboratories such as buildings or structures devoted to the investigation, analysis or experimentation for the establishment of new or revised findings and standards if first approved by the Planning Commission as provided for in Section 71 of this chapter. .. - .. -21- '. - - . .. .. - SEC. 31.3 BUILDING SITE AREA, CO DISTRICT. The minimum building site area in the CO district shall be not less than seven thousand (7000) square feet. .. .. SEC. 31.4 HEIGHT AND COVERAGE LIMITATION, CO DISTRICT. No building shall exceed two stories or thirty (30) feet in height. The aggregate ground coverage of the main building shall not exceed twenty-five (25) percent of the lot area. .. .. - ... SEC. 31.5 FRONT YARD, CO DISTRICT. The front yard shall be the same as that required in the most restricted con- tiguous zoning district on the same street frontage. .. .. - SEC. 31.6 SIDE YARD, CO DJSTR1CT. Side yards shall be the same as that required in the most restricted con- tiguous zoning district on the same street frontage. - - SEC. 31.7 REAR YARD, CO DISTRICT. The rear yard shall be the same as that required in the most restricted con- tiguous zoning district on the same street frontage. SEC. 31.8 SPECIAL REGULATTONS1 CO DISTRICT. The following special standards shall apply 1n the CO Commercial Office district: .. - (a) Off-street parking for vehicles shall be provided in an amount which in the opinion of the Planning Commission, is sufficient to insure complete off-street parking for both employees and clients. ,. .. .. (b) Landscaping shall be provided in such a manner as to insure that the development will be harmonious with adja~ent residential areas. .. '. .. (c) A free standing sign not exceeding eighteen (18) square feet in size may be permitted in the front yard area for the purpose of identifying the name of the building, or the names of the tenants in the building. Such signs shall be uniformly lettered and maintained in a neat and orderly appearance. Lighting of such sign shall be as permitted in Section 32.1, (c), 2. .. ... .. .. . - -22- . ... .. ..........----. - .. .. .. '. SEC. 32 NEIGHBORHOOD COMMERCIAL DISTRICT, C1 DISTRICT. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building site in a Cl district and shall be subject to all of the general provisions of this chapter. It is intended by the establishment of this district to provide centers for convenient shopping in the residential neighborhoods planned and controlled to the extent that such centers will perform a vital service to the neighborhoods and become integral parts thereof, and carry out the provisions of the General Plan. .. .. .. .. .. - .. SEC. 32.1 USES PERMITTED, C1 DISTRICT. (a) Art or antique shop, limited to retail sales only .. .. (b) Automobile service station - .. (c) No building or structure designed for or intended to be used, or which has been used as a dwelling shall be used for the conduct of any business, store or shop in the C1 Neighborhood Commercial district; provided however, that any business use existing in a dwelling in a C1 district at the time of the adoption of this ordinance shall be considered as a non-conforming use, but it may not be extended, expanded, enlarged or changed to any other use unless and until a permit for such extension, expansion, enlargement or change in use is fjrst obtained by applying for and being granted a conditional use permit as provided in Section 71 of this chapter. The Commission may also grant a conditional use permit to allow the use of a dwelling for the office of an accountant, architect, attorney, dentist, land- scape architect, land surveyor, physician, professional engineer, public stenographer, shorthand reporter or other uses similar to the above provided the following standard conditions are met in connection with each such use. . .. - ... .. .. '. ... .. .. .. .. ... 1. Off-street parking for vehicles shall be pro- vided in an amount which in the opinion of the Planning Commission is sufficient to insure complete off-street parking for vehicles of both employees and clients. Public parking lots con- tiguous to such use may be used to fulfill this parking requirement. .. . .. .. -23- ... .. ......-- ... .. ... .. . .. . ..- . ,- . - .. - - ... - - '... ~...... - .. ... .- '. .- - .- '. .. '. .- '. .. 2. One sign for identification purposes only may be permitted for each building. Such sign shall not exceed six (6) square feet in area and shall be located upon the face of the building below the eave line and parallel to the wall of the building upon which it is located. Such sign may be illuminated by a reflected light. No sign containing electrical parts shall be permitted. 3. No advertising display and no sale of any commodity upon the premises is permitted. (d) Bakery (e) Bank (f) Barber shop or beauty parlor (g) Book or stationery store (h) Clothes cleaning agency or pressing establishment (i) Confectionery store (j) Custom dressmaking or millinery shop (k) Drug store (1) Dry cleaning establishment, using non-inflam- mable and non-explosive materials (m) Dry goods or notions store (n) Florist or gift shop (0) Grocery, fruit or vegetable store (p) Hardware or electric appliance store (q) Jewelry store (r) Laundry, laundry agency or launderette (s) Meat market or delicatessen store .. (t) Office, business or professional (u) Photographer, studio or store (v) Public parking area, when located and developed as required in Section 53 .. -24- .. --- .. .. .. - ''''' (w) Radio or television store .. (y) Restaurant .. (y) Shoe store or shoe repair shop (?) Swimming pool, public or private .. .. .. (aa) Tailor, clothing or wearing apparel shop (bb) Other uses similar to the above as may be determined by the Planning Commission (cc) Uses customarily incident to any of the above uses, and accessory buildings, when located on the same lot, including a storage garage for the exclusive use of the patrons of the above stores or businesses, providing such accessory buildings shall not be located nearer than five (5) feet to the main build- ing or nearer than ten (10) feet to the rear lot line or to the center line of any alley, if any. .. .. .. .. .. .. .. - SEC. 32.2 CONDITIONAL USES, Cl DISTRICT. (a) Any use permitted in the R3 or CO districts (b) Trailer parks or mobile home parks, if estab- lished in accordance with all other regulations of the Gilroy Municipal Code. - - - - SEC. 32.3 MINIMUM BUILDING SITE AREA, C1 DISTRICT. None SEC. 32.L1, HEIGHT AND COVERAGE LIMITATIONS I C1 DISTRICT. No building shall exceed two stories or th1rty (30) feet in height. Lot coverage shall not be greater than that which will result from strict adherence to all of the requirements for yards, open space and parking as set forth in this chapter. .. .. - .. .. .. SEC. 32.5 FRONT YARD, C1 DISTRICT. The front yard shall be the same as that required in the most restricted con- tiguous zoning d~strt..t on the same street frontage. - ... SEC. 32.6 SIDE YARD, C1 DISTRICT. Side yards shall be the same as that required in the most restricted contiguous zoning district on the same street frontage. .. .. SEC. 32.7 REAR YARD, C1 DISTRICT. The rear yard shall be the same as that required in the most restricted contiguous zoning district on the same street frontage. .. .., -25- '.. .. ,,- .. ,. - .. ''Ill .. SEC. 32.8 All of the stores, shops or businesses permitted in the C1 district shall be retail establishments selling new merchandise exclusively and shall be permitted only under the following conditions: .. ,. .. (a) Such stores, shops or businesses, except automobile service stations and public parking lots shall be conducted wholly within an enclosed building. (b) All products produced, whether primary or incidental, shall be sold at retail on the premises. .. .. . .. .. (c) Such uses, operation or product shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes. No auction shop, merchandise liquidator, surplus or salvage outlet or store, second hand store or close-out store or other business of a similar type or nature, as such, shall be operated in the C1 Neighborhood Commercial district. . .. . "" - . .. 'II .. .. .. .. . .. . .. .- .. .. (d) Any exterior sign displayed shall pertain only to a use conducted within the building; shall be attached flat against a wall of the building and parallel to its horizontal dimension and shall front the principal street, a parking area in the rear, or in the case of a corner building on that portion of the side street within fifty (50) feet of the principal street. Xn no case shall a sign project above the roof line. In granting a con- ditional use permit for an automobile service station the Commission shall have power to alter the regu- lations with respect to signs. (e) No building used for residential purposes in a C1 Neighborhood Commercial district shall in any way have its yard areas reduced in size from those which existed at the time of the adoption of this ordinance. (f) Unless otherwise provided in this ordinance there shall be provided at least three parking spaces for every three hundred (300) square feet of gross floor area exclusive of floor area used for automobile parking space, provided however, that in no case shall the requirement for parking space and open space exceed seventy-five (75) percent of the gross area of any building site. ,. -26- .. .. - .. - '. I. "., I. SEC. 32.9 The City Council of the City of Gilroy declares it to be its intent in establishing any Cl zoning district after the effective date of the adoption of this ordinance, that such district is necessary to provide a needed commercial facility within a reasonable time after the establishment of such district. Failure to provide such commercial facilities within three (3) years from the date of the establishment of such C1 zoning district shall be construed as prima facie evidence of the intent of the said owner to abandon the commercial use of the said property. In ~uch cases it shall be the duty of the Planning Com- mission, on its own motion, to set a public hearing to consider the re70ning of the said property to the zoning district classification in which it existed at the time said property was changed to a C1 zoning district. '. I. '. I. .. - '. .. - - SEC. 33 GENERAL COMMERCIAL DISTRICT, C2 DISTRICT. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every building and building site in a C2 district and shall be subject to all of the general provisions of this chapter. ... - - SEC. 33.1 USES PERMITTED, C2 DISTRICT. The following uses are permitted in a C2 General Commercial district: - (a) Any use permitted in the C1 district ... (b) Business or retail store - - (c) Business college or private school operated as a commercial enterprise '. .. (d) Blueprinting, photostating, photo developing and printing - .. (e) Catering establishment (f) Department, furniture or appliance store (g) Film exchange (h) Frozen food lockers, excluding wholesale storage (i) Hospital or sanitarium (except animal hospital) (j) Jce cream processing ,. .. t.. .. .. .. .. (k) Interior decorating store (1) Medical or dental clinic and laboratory '.. -27- .. ... .. ... - .. .. (m) Music conservatory or music instruction (n) Newsstand ( 0) Pawn shop ( p) Pet shop (q) Printing, lithographing or publishing ... . ... ... - (r) Public services, including electric distributing substation, telephone exchange and the like .. .. (s) Sign painting shop, if conducted wholly within a completely enclosed building '- - (t) Studio for radio, television, motion pictures and the like (u) Theater - (v) Trade school, if not objectionable due to noise, odor, vibration or other similar causes - (w) Wedding chapel, rescue mission or temporary revival church - - (x) Wholesale merchandise broker, excluding wholesale storage (y) Uses customarily incident to any of the above uses when located on the same lot - .. .. (z) Uses similar to above as determined by the Planning Commission. .. ,.. SEC. 33.2 CONDITIONAL USES, C2 DISTRICT. (a) The following uses may also be permitted if their location is first approved by the Planning Commission as provided in Section 71: .. .. ... .. 1. Any use permitted in an R or CO district 2. Animal hospital 3. Automobile service station 4. Dry cleaning establishment 5. Mortuary or funeral home 6. Trailer park or mobile home park, estab- lished in accordance with all other regulations of the Gilroy Municipal Code. ... .. .. -28- .. .. '. - '. ... ,~. .. ,'. (b) The following uses may also be permitted if their location is first approved by the Plan- ning Commission as provided in Section 71, provided such uses are conducted wholly within an enclosed building: 1. Feed or fuel store 2. Plumbing or sheet metal shop or combination of same 3. Tire shop 4. Upholstery shop. 11IIII - .... ,. - .. ... SEC. 33.3 MINIMUM BUILDING SITE AREA, C2 DISTRICT. None SEC. 33.4 HEIGHT AND COVERAGE LIMITATIONS! C2 DISTRICT. Maximum building height shall not exceed S1X stories or seventy-five (75) feet. Coverage shall not exceed that required to provide the necessary lards, open space and parking required by this chapter. - - - - SEC. 33.5 FRONT YARD, C2 DISTRICT. When all of the frontage of the building site is located in the C2 district, no front yard shall be required. Where the frontage is located partly in the C2 district and partly in the R district, the front yard requirement of the R district shall apply in the C2 district. ,- .. SEC. 33.6 SIDE YARD, C2 DISTRICT. None SEC. 33.7 REAR YARD, C2 DISTRICT. There shall be a rear yard of not less than ten ~-percent of the depth of the lot, but such rear yard need not exceed ten (10) feet in depth. - - .. .. SEC. 33.8 SPECIAL REGULATIONS, C2 DISTRICT. All of the uses listed in Sections 33.1 and 33.2 shall be subject to the following conditions: .. . (a) There shall be no manufacture, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are sold at retail on the premises. ... .. .. .. (b) Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes. - .. -29- .. .. .. - I., ~.. '4', - .... SEC. 33.9 The City Council of the City of Gilroy declares it to be its intent in establishing any C2 zoning district after the effective date of the adoption of this ordinance, that such district is necessary to provide a needed commercial facility within a reasonable time after the establishment of such district. Failure to provide such commercial facilities within three (3) years from the date of the establishment of such C2 zoning district shall be construed as prima facie evidence of the intent of the said owner to abandon the commercial use of the said property. Tn such cases it shall be the duty of the Planning Commission, on its own motion, to set a public hearing to consider the rezoning of the said property to the zoning district classification in which it existed at the time said property was changed to a C2 zoning district. .. .. .. .. ... .. .' .. - - SECS. 34 - 39 (omitted) - - .. ... -""' .. '. .. ... .. 'W .. 1IIl .. -30- .. '. .. - .. '. - .- .. .. ... ,. ... . ... .. ... .. .. .. - "'" ..-, - - - ,. '. - .. .. .. .. .. .. .. .. SEC. 40 INDUSTRIAL PARK DISTRICT. An Industrial Park district is established to provide a set of regulations which will insure the creation of an environment exclus- ively for and conducive to the development and protection of modern, large-scale administrative facilities, research institutions, and specialized manufacturing organizations, all of a type which the architecture, landscaping and operation of the uses is such that the investment and well designed and maintained plants and grounds is secured by the maintenance of the highest standards throughout the district. SEC. dl INDUSTRIAL PARK DISTRICT, Ml DISTRICT. The following regulations except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an M1 district and shall be sub- ject to all of the general provisions of this chapter. SEC. 41.1 USES PEPJ~ITTED, Ml DISTRICT. The following uses are permitted in an M1 district: (a) Administrative, executive and financial offices (b) Air conditioning, manufacture and sale (c) Aircraft parts, manufacture and sale (d) Automobile parts, manufacture and sale (e) Awning manufacture and sale, cloth, metal, wood or plastic (f) Broom manufacture and sale .. (g) Bottling works and syrup manufacturing and sales (h) Carting, express, hauling or storage (i) Clothing and dry goods manufacture and sale (j) Confection manufacture and sale (k) Crop and tree farming, as the same existed at the time of the adoption of this ordinance (1) Electrical and electronic parts, products and appliances and sale of same (m) Electrical and neon sign, manufacture and sale (n) Envelope manufacture and sale .. - -31- '. .. .. .... .. (0) Fixture manufacture and sale . . (p) Food and beverage sale (q) Furniture manufacture and sale . .. (r) Hardware manufacture and sale .. (s) Household appliances, manufacture and sale (t) Ice cream manufacture and sale . .. . (u) Knit goods manufacture and sale ... (v) Laboratories, experimental, film or testing .. .. (w) Leather products sale (x) Looseleaf book manufacture and sale .. (y) Mattress factory and sale - renovating where dust precipitating equipment is used ... (z) Metal products, manufacture and sale (aa) Millinery manufacture and sale (bb) Office equipment and su.pply, manufacture and sale (cc) Optical goods manufacture and sale (dd) Paper products and paper box products sale .. '.. . .. . (ee) Pharmaceutical manufacture and sale .. Plastic products, molding, casting, and shaping ... (ff) (gg) (hh) ( . . , :1.1" Pool car distribution warehouse . .. Professional, research and engineering offices .. Publishing, printing, engraving and lithographing i. - (jj) Rug and carpet manufacture and sale - cleaning if dust-proof r.1eaning rooms in which dust catching, washing and scouring equipment are provided - - -32- - . . .. .. . .. (kk) Seed, sale . .. (11) Shoe and boot manufacture and sale excluding any tanning operation . (mm) Storage battery sale . (nn) Team tracks and unloading docks, railroads (00) Tires and accessories, sale ,. .. .. (pp) Tire retreading and recapping and sale (qq) Tool manufacture and sale . ... (rr) Venetian blind manufacture and sale - (ss) warehousing and sales office - (tt) Wood products sale (uu) Other uses similar to the above as may be determined by the Planning Commission. ... .. SEC. 41.2 CONDITIONAL USES, ~i1 DISTRICT. Restaurants SEC. 41. 3 BUILDING SITE AREA, 1'.11 DISTRICT. Every bllilrlin~ site shall be of sufficient area to provide all yards, dirveways, landscaping, parking areas, and other open space which may be required by the provisions of this section. .. "'" .. .. SEC. 41.^ HEIGHT AND COVERAGE LIMITATION, M1 DISTRICT. The maximum building height permitted in an M1 district is thirty (30) feet. Building heights greater than thirty (30) feet may be permitted upon the securing of a conditional use permit in accordance with Section 71 of this chapter. The ground floor area of all buildings constructed on any one lot shall not exceed forty (40) percent of the total area of the lot. . .. . . .. SEC. 41.5 FRONT YARD, M1 DISTRICT. There shall be a front yard of not less than twenty-five (25) feet; provided however that an additional one foot in depth shall be added to the minimum of twenty-five (25) feet for each one foot in height that the main building exceeds twenty (20) feet. All front yards are to be landscaped and maintained in a neat and attractive condition at all times. This is not intended to prohibit the construction of necessary driveways, which also are to be maintained in a neat and attractive condition at all times. .. .. - - -33- '. .. .. .. ~" .. SEC. 41.6 SIDE YARDS1 M1 DISTRICT. Side yards shall be a m1n1mum of twenty-f1ve (25) feet in width. Vfuere a lot has its side yard adjacent to a street the Planning Com- mission may designate such additional landscaping and set back requirements necessary to maintain the area in a uniform character. ... ... ... .. SEC. 41.7 REAR YARD, M1 DISTRICT. There shall be a rear yard of not less than ten ( 10) feet. 1!\1here a lot has its rear yard adjacent to a street the Planning Commission may designate such additional landscape and set back requirements as are necessary to maintain the area in a uniform character. ... ... ... ... .. SEC. LI.1.8 SPECIAL REGULATIONS, M1 DISTRICT. (a) The term sale as used in this section shall be limited to: ... .. 1. The wholesale of articles manufactured on the premises '.. Mil>< ',lIP" 2. Sales to the ultimate consumer of articles manufactured on the premises to customer's order .. 3. Retail businesses, that is, those businesses engaged in the purchase of articles at whole- sale for resale at retail are prohibited and excluded. .. ... .. .1 (b) Automobile parking and loading shall be provided for as follows: .. ... 1. Parking spaces shall be provided on the lot for all vehicular traffic entering the lot. 2. All parking, loading and unloading shall take place in side or rear yards. "" .. .. 3. Adequate areas shall be provided on the lot for all loading and unloading operations. 4. There shall be no parking of vehicles in any front yard without approval of a plan therefor by the Planning Commission. .. .. .. .. ... -34- .. ... ., .- .. .' >- '. .. '. .. (c) Signs identifying the name of the company and products produced by the company shall be permitted if attached to the main building, except as follows: . 1. No signs shall extend above the cornice line of the building. .. -. 2. All signs are to be attached parallel to the wall of the building to which they are attached. .. . '. 3. Signs other than those attached to the building are to be first approved by the Planning Commission in the manner provided in Section 53. .. .. - 4. Small directional signs and other signs necessary to the functioning of the plant are permitted without approval. - .. (d) Fencing of any kind, properly maintained, and having a uniform and durable character shall be permitted. No fencing of front yard areas shall be permitted. - \.. ''''# - (e) All main buildings shall be of concrete or masonry construction, or such other materials as may be acceptable to the Planning Commission. Office buildings, or office wings attached to main buildings may be constructed of other materials, if first approved by the Planning Commission, in accord- ance with the provisions of Section 53. (f) Storage of raw, in process or finished material and supplies, and of waste materials shall be maintained at all times in an enclosed building. .. .. iN ... .. .. .. SEC. 41. 9 PERFORMANCE STANDARDS, M1 DISTRICT. .. ... (a) Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equip- ment and devices standard in industry. All inciner- ation is prohibited. '. .. '. . . -35- . 'III .. '.. - ... .. .. .. .. .. 'III .. . .. .. (b) Radioactivity or electrical disturbance. Devices which radiate radio-frequency energy shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Radio-frequency energy is electro-magnetic energy at any frequency in the radio spectrum between 10 kilocycles and 3 million megacycles. (c) Noise. The maximum sound pressure level radiated by any use or facility when measured at the boundary line of the property on which sound is generated shall not exceed the values shown in the following table: .. Octave Band Range in Cycles per second - - Below 75 150 300 600 1200 2400 Above - 'Ii""" ,- ... '. - .- ,- '.. .- '. .. 'III .. - .. .. ... .. 75 150 300 600 1200 2ilOO t1800 4800 Sound Pressure Level in Decib1es .002 dynelcm2 72 67 59 52 46 t1.0 34- 32 The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. I~merican Standard Specification for General Purpose Sound Level Meters, S1.4-1961, American Standards Association, Inc., New York, New York"; "American Standards Specifi- cation for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, New York," shall be used, and the same are adopted here- with by reference with the same effect as if herein set forth in full. Cd) Vibration. No vibration shall be permitted so as to cause a noticeable tremor at the lot line. (e) Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 1 on the Standard Ringe1mann Smoke Chart. -36- '. . c.. ., ... .. Information Circular 7718, as issued by the United States Bureau of Mines, August, 1955, except tha t visible grey smoke of a shade e(1Ua1 to No. 1 on said chart may be emitted for four (,1) minutes in any thirty (30) minutes. That said Standard Ringe1mann Smoke Chart, Information Circular 7718, as issued by the United States Bureau of Mines, August, 1955, is hereby adopted by reference with the same force and effect as if herein more fully set forth. .. .. .. .. 111I .. .. (f) Odors. No emission shall be permitted of odorous gases or other odorous matter in quantities which exceed those proportions shown in "Odor Thresholds in Chapter 13 'Air Pollution Abatement Manual', copyright 1951 by Manufacturing Chemists Association, :l\Jashington, D.C. and marked Exhibit B in said Manual" which said manual and Exhibit B are herewith made a part hereof and adopted by reference as if herein more fully set forth. (g) Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted whirh causes any damage to health, to animals, vegetation, or other form of property, or which causes soiling, at or beyond the property line of the property where the emission is produced. (h) Glare. No direct or reflected glare, whether produced by floodlight, high temperature processes such as combustion or welding or other processes so as to be visible from any boundary line of property on which the same is produced shall be permitted. Sky-reflected glare from buildings or portions thereof shall be so controlled by such reasonable means as are practical to the end that the said sky-reflected glare will not inconvenience or annoy persons or interfere with the use and enjoyment of property in and about the area where it occurs. .. . ... - - ... 'till .. ... .. .. .. ... .. .. SEC. .11. 10 CODES AND STANDARDS ADOPTED BY REF ERENCE, M1 DISTRICT. The City Council of the City of Gilroy does hereby adopt the fo110w1ng enumerated standards and codes for the control and regulation of noise, smoke, odors, and emissions related thereto: ... .., . -37- .. ... ... .. .. ,. .. - (a) All the standards and prov1s10ns for the measurement of sound press'-:J(f2 levels prescribed by the American Standards Association including American Standard Specification for General Purpose Sound Level Meters Sl.4-l961, American Standards Association, Inc., New York, New York; American Standards Specification for an Octave Band Filter Set for the-Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, New York, (three copies of which have been filed for use and examination by the public in the office of the City Clerk) are hereby referred to and are hereby adopted and made a part hereof as if fully set forth in this ordinance. (b) All the standards and provisions for the measurement and control of smoke prescribed by the Standard Ringe1mann Smoke Chart, Information Circular 7718 as issued by the United States Bureau of Mines, United States Department of the Interior, August, 1955 (three copies of which have been filed for use and examination by the public in the office of the City Clerk) are hereby adopted and made a part hereof as if fully set forth in this ordinance. (c) All the standards and provisions for the measurement and control of odorous gases or other odorous matters. and particularly "Odor Thresholds in Chapter 13, 'Air P~11ution Abatement Manual' copyright 1951 by Manufacturing Chemists Association, Washington, D.C. and mar~ced Exhibit B in said manual" (three copies of which have been filed for use and examination by the public in the office of the City Clerk) are hereby referred to and are hereby adopted and made a part hereof, the same as if fully set forth in this ordinance. .. ... .. .. .. .,. ,. ..,., - - - - - - - - .. - SEC. 42 LIGHT INDUSTRIAL DISTRICT, M2 DISTRICT. The following regulations except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an M2 district. .. ... SEC. 42.1 USES PERMITTED, M2 DISTRICT. The following uses are permitted in an M2 district: '. - (a) Any use permitted in the C Commercial Business districts, except dwellings which may be allowed upon the securing of a conditional use permit as provided in Section 71. No building or structure designed for or intended to be used or which has been used as a dweliing shall be used for the - .. - .. -38- '. .. ,. '.... .. ,.. conduct of any business, store or shop in the M2 district provided however that any business use existing in a dwelling in an M2 district at the time of- the adoption of this chapter shall be considered as a non-conforming use, but may not be extended, expanded, enlarged or changed to any other use unless and until a permit for such extension, expansion, enlargement or change in use is first obtained as provided in Section 71. .. . .. .. lIII (b) The following uses are permitted if conducted wholly withjn a completely enclosed building, except for the outside parking of delivery vehicles which are incidental thereto: '111I .. '... 1. The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas 2. The manufacture and maintenance of electric and neon signs, billboards, commercial adver-' tising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and the like ,,,,. .. ... ... '.. 3. Automobile assembling, painting, upholster- ing, rebuilding, reconditioning, body and fender works, truck repairing or overhauling, tire retreader or recapping, battery manu- facturing and the like .. ... "'. ~ Blacksmith shop and machine shop excluding punch presses over twenty (20) tons rated capacity, drop hammers, and automatic screw machines .. ~. .. ... 5. Foundry casting light-weight non-ferrous metal not causing noxious fumes, noise or odors .. 1111I 6. Cleaning and dyeing works, and carpet and rug cleaning ... ... 7. Distribution plants, ice and cold storage plant, bottling plant, and food commissary 8. lrfuo1esale business, storage building and warehouse .. .. .. 9. Veterinary or dog or cat hospital, and kennel. 11II -39- ... .. ... '11"" .... (c) The following uses will be permitted if con- ducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid and uniformly painted board fence or other type of fencing if approved by the Planning Commission as provided in Section 53, not less than six (6) feet in height: .. .. ... .. .. 1. Building material sales yard, including the sale of roc:k, sand, gravel and the like as an incidental part of the main business, but excluding concrete batching and mixing on the premises .. ... .. - 2. Contractor's equipment storage yard or plant, or rental of equipment commonly used by contractors - - 3. Retail lumber yard, including only incidental mill work - 4. Feed and fuel yard "'.. 1;Jj" 5. Draying, freighting or trucking yard or terminal ~1l!1lllI - 6. Public utility service yard or electrical receiving or transformer station "''' 7. Small boat building. (d) Other uses similar to the above as may be determined by the Planning Commission. - ... ./11II (e) Uses customarily incident to any of the above uses and accessory buildings when located on the same lot. ... ... ... SEC. 42.2 CONDITIONAL USES, M2 DISTRICT. None SEC. 42.3 MINIMUM BUILDING SITE AREA, M2 DISTRICT. None SEC. d2.4 HEIGHT AND COVERAGE LIMITATION, M2 DISTRICT. No building shall exceed six stories or seventy-five (75) feet. The ground floor area of all buildings constructed on any one lot shall not exceed sixty (60) percent of the total area of the lot. .. ... .. .... .. SEC. 42.5 FRONT YARD, M2 DISTRICT. None ... ... -40- .. . .. - '. - .. .. SEC. 42.6 SInE YARDS, M2 DISTRICT. None SEC. 42.7 REAR YARD, M2 DISTRICT. No rear yard shall be required except that where an M2 district abuts upon an R district, in which case there shall be a rear yard of not less than ten (10) percent of the depth of such lot but such rear yard need not exceed ten (10) feet. - .. .. .. SEC. 43 HEAVY INDUSTRIAL DISTRICT, M3 DISTRICT. The following regulations except to the extent that they may be modified by a combining district, shall apply to every lot and building site in an M3 district and shall be sub- ject to all of the general provisions of this chapter. .. .. .. .. SEC. 43.1 USES PERMITTED, M3 DISTRICT. The following uses are permitted in an M3 district: .. - (a) All uses permitted in the M2 district, within or without a building or an enclosed area - .. (b) All other uses which are not obnoxious or offensive by reason of the emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration, refuse matter, or water carried waste, as determined by the Planning Commission. (c) Uses customarily incident to any of the above uses and accessory buildings when located on the same lot. ... '..~, - - '.. ... SEC. 43.2 CONDITIONAL USES, M3 D!STRICT. None SEC. 43.3 MINIMUM BUILDING SITE AREA, M3 DISTRICT. None SEC. 43.,1 COVERAGE LIMITATION, M3 DISTRICT. The ground floor area of all buildings constructed on anyone lot shall not exceed sixty (60) percent of the total area of the lot. ... -... .. '... .. SEC. 43.5 FRONT YARD, M3 DISTRICT. None SEC. 43.6 SIDE YARDS, M3 DISTRICT. None SEC. 43.7 REAR YARD, ~13 DISTRICT. No rear yard shall be required except that where an M3 district abuts upon an R district, in which case there shall be a rear yard of not less than ten (10) percent of the depth of such lot but such rear yard need not exceed ten (10) feet. .. .. .. .. ... SEes. 44 - 49 (omitted) .. - Ll.1- .. - ... - .. IIi' 111IIO .. .. SEC. 50 COMBINING REGULATIONS. In addition to the fore- going districts certain combining regulations are established as set forth in this chapter, said combining regulations being as follows: .. .. .. Full Name Short Name .. "A" "B" "5" Agricultural Zoning Area Building Site Zoning Area Special Zoning Area "A" Area "B" Area "S" Area .. .. - SEC. 51 ,~" AGRICULTURAL ZONING AREA. The following regulations shall apply in all districts with which are combined "A" areas. In addition to the regulations herein- before specified, provided however, that if any of the regulations specified in this section differ from any corresponding regulations specified in this chapter for any district with which an A area is combined, then in such case the provisions of this section shall apply. .. .. - - - SEC. 51.1 USES PERMITTED, A AREA. ..... (a) All uses permitted in the respective district with which the A area is combined. - - (b) Small livestock farming; provided, that not to exceed one cow or three goats or other similar livestock may be kept for each 10,000 square feet of area of the parcel of land upon which the same are kept, to a maximum of three cows, ten goats, or other similar livestock maintained in any establishment. .. .. - 111III (c) In any A area a dairy may be conducted on any parcel of land not less than five (5) acres in area, except as hereinafter provided. .. P"'''"". (d) Sales of any of the products of any of the aforementioned uses upon the premises upon which such products are produced; provided, that in any R district with which an A area is combined, no building other than a stand or shelter shall be constructed primarily for such sale. (e) Keeping of such horses as may be necessary to the conducting of any of the uses permitted in any A area. .. - .. .. .. .. .. (f) Accessory buildings and accessory uses. Lt2- .. .. .... .. ''III ffjf '~ .. '.. SEC. 51.2 CONDITIONAL USES, A AREA. The following uses may also be permitted if their location is first approved by the Planning Commission as provided in Section 71. (a) Commercial dog or cat raising, and kennels for the care of same. .. '. .. .. - (b) Dairy. SEC. 51.3 SPECIAL YARDS AND DISTANCES BETl.>tEEN BUILDJNGS, A AREA. Barns, stables, chicken houses, and similar buildings shall not be less than seventy-five (75) feet from the front property line, not less than thirty (30) feet from any side or rear property line; and not less than thirty (30) feet from any building. SEC. 52 "B" BUILDING SITE ZONING AREA. The following regulations shall a~p1y ~n all districts with which are combined liB" areas. In lieu of regulations as to the building site area, depth of front yard, and width of side yards which are specified herein for the district; provided however that the regulations for the B area shall not be so applied as to reduce any of the corres- ponding regulations herein specified for any district with which is combined such B area. .. 111 .. 111 ... - - .- .. .. SEC. 52.1 SPECIAL REGULATIONS, B AREA. ... (a) Building site area required shall be indicated by number following "B" in the area designation, which number represents the required area in thousands of square feet, for example: the designation BlO shall indicate a minimum required area for each building site of 10,000 square feet. .. MIl - .. (b) jfuen two or more lots are created from one existing lot or parcel, the average building site area of the lots so created shall be not less t1. <:>..n the area required by the B area designation. In no case may a lot be created with a building site area of less than ninety percent (90%) of the building site area represented by the B area designation. For every lot so created, with the building site area less than that required by the B area designation there shall be at least one lot created with a building site greater than that required by the B area designation by at least an equal amount. .. '. .. .. 'III .. .. 111 -4.3- ... WI! .. WI! ... ... ,. ,. (c) Side yards required: Side yards, shall total not less than twenty percent (2070) of the lot width, with a maximum requirement of thirty-two (32) feet, and no side yard may be less than eight (8) feet. Three feet shall be added to each required side yard for each story above the first story of any building. The side yard on the street side of each corner lot shall be not less than twelve and one-half (12i) feet. SEC. 53 "S" SPECIAL ZONING AREA. The following regulations shall apply in all districts with which are combined "S" areas, in addition to the regulations hereinbefore specified therefor; provided, however, that if any of the regulations specified in this section differ from any of the corres- ponding regulations specified in this chapter for any district with which is combined an "A" area, then in such case the provisions of this section shall apply. SEC. 53.1 No building permit shall be issued for any use in a district which is combined with an S area, unless: .. "!II .. "!II .. .. .. - .. - - - .. (a) All buildings, layout and landscaping plans including all signs shall have been submitted to and approved by the Director of Public Works. (b) Off-street par~ing space for automobiles 1S provided in accordance with the standards estab- lished by this chapter. (c) Loading spaces for the loading and unloading of goods shall be provided as required by this chapter. - '.. - .. .. .. - (d) The Planning Commission may make such additional requirements in connection with off- street parking areas as will protect the character of other property in the neighborhood. Such regula- tions may include, but not be limited to: adequate screening of said lot by a fence or wall, landscaping, provision for suitable surfacing and lighting. (e) In establishing any district which is combined with an S area, the Planning Commission may specify such buildin~ line setbacks, yard regulations, area regulations and building height limitations as are consistent with the use to which the property is to be put, and which will protect the general character of the neighborhood. - - .. .. .. ... .. .. .. _t1L1._ III .. - .. .. - .. '. SEC. 53.2 In all districts which are combined with an S area, the following development regulations shall be in effect: - (a) Parking space requirement and criteria .. .. USE . Residential .. Single family dwelling '''II .. Duplex house Other multiple dwelling .. .. - - Hotel - ......- .. ... Motel - Boarding, rooming, f ra tern:i. ty & sorority house, etc. - .... - "If Medical and Institutional Uses ... Hospitals . .. '. . Sanitarium, convalescent home - - .. .. .. REQUIRErJl.ENT 2 spaces ,1 spaces 2 spaces per dwelling unit for first ^ units and 1t space for each additional unit 1 space per guest unit - 1 space per shift employee, adequate space to accommodate other activities such as bar, assembly rooms, etc. Same as hotel 1 space for each guest unit for first 20 units; 1 space for every A guests over 20, 1 space for each employee 2 spaces for each bed 1 space per staff or visit- ing doctor + 1 space per employee + 1 space per 6 beds -45- LOCAT!ON on same lot on same lot on same lot Parking area not more than 100' away on same lot on same lot Parking area not more than 150' away Parking area not more than 150' away - .. - .' USE .. - Welfare institution, asylum .. .. .. .. .. Medical, dental clinics, chiro- practor, optome- trist, healing arts practitioner - .. - Mortuary, funeral parlor .. - - Community center, library, post office, etc. -. 'olIfIIlII Private club wi thout over- night accommo- dations - - .. Schools ~.. Elementary school - - '. High school - .. ',.. Places of Assembly r"1i th Seats or Benches . - - Theaters, arena stadium, hall auditorium, etc. i''# .. .. .. REQUIREMENT 1 space per staff or visit- ing doctor + 1 space per employee + client and visitor parking to be determined (Bldg. code: 50 sq. ft. floor area per occupant 3 spaces per doctor + 1 space per employee + 1 space for each treatment room 1 space per A seats 1 space per employee + 1 space per official vehicle + client parking area to be determined 1 space per employee + 1 space per 4 members 1 space per employee + adequate space for auditorium or assembly area 1 space per employee + adequate space for auditorium or assembly areas + 2 spaces per 15 students 1 space per 4 seats or 1 space per 7' of benches + 1 space per employee (may be modified to accommodate unseated guests) -116- LOCATION Parking area not more than 150' away on same lot Parking area not more than 150' away Parking area not more than 150' away Parking area not more than 150' away on same lot on same lot Parking area not more than 150' away '. ... .. .. .... ... .. III .. . .. . - . - .. - - - - .r '- - '. .- .. ;III '. .. .. ;III .. .. - .- ,-~ ,'*' .- .. .. USE Churches REQUI REl.P.ENT Churches constructed after adoption of this regulation shall provide 1 space for each 5 seats. All existing church buildings and struc- tures and expansion of same are exempt from this regulation. Places of Assembly Without Seats or Benches Convention, exhibition hall, amusement park, skating rink, public swimming pool, private gymnasium, health center Dance hall Bowling alley Depots Air, rail, freight, bus, etc. Eatin~, Drinlu.ng Places Visitor parking to be determined 2 spa~es per 5 seats + 1 space per employee + adequate space for dance area (B1d~ code: dance f100r- 7 sq. ft. floor area per occupant) 10 sp~ces per alley + 1 space per employee + adequate space for other uses Client parking to be deter- mined + 1 space per employee + adequate space for other uses + adequate space for official or service vehicles Restaurant, night club, lunchroom, other than auto service or exterior counter service establishments 1 space per 3 seats + 1 space per shift employee (Bldg code: dining rooms - 15 sq. ft. floor area per occupant) -47- LOCATION Parking area not more than 150' away Parldng area not more than 150' away on same lot on same lot Parking area not more than 300' away on same lot .... .. ... .. USE .. Auto Oriented Service ... .. - Auto service or exterior counter service, eating establish- ments, miscellan- eous roadside stands . - .. .. Service station, auto repair, etc. .. .. .. - Tire re-capping or similar business - - General Business .... - General public buildings, administrative or professional office, savings and loan, finance companies ... ... .. ... Personal service establish- ments .. '.. - Banks, retail sales, (non- bullcy items) .. .. '. .. ,,,,*,,,'''.',,,,", # .. .. .. REQUIREMENT 1 space per 4 seats (enclosed) + 1 space per employee + client parking to be deter- mined 3 spaces per grease rack or working bay + 1 space per employee + 1 space per company or service vehicle 1 space per working bay + 1 space per employee + 1 space per company or service vehicle 1 space per occupant staff and employee + 1 space per company or off~.cial vehicle + c1~ent parking to be deter- mined (1 space per 300 sq. ft. . of floor area by client) 1 space per 100 sq. ft. service floor area, 1 addt'l space for each employee, 1 addt'l space for each service vehicle 1 space per 100 sq. ft. retail floor area + 1 space per employee + 1 space per company vehicle -4,:- LOCATION on same lot on same lot on same lot Parking area not more than 150' away on same lot on same lot .. .. .. - .- .. .. - .. .. .. .. 'Ill .. .. .. - - - ... - - - - - - .. .. 'Ill .- .. .. .. - ~,j~ "" .. .. .. USE REQUIREJ..ENT 1 space per 500 sq. ft. sales and display area + 1 space per employee + 1 space per company vehicle LOCATION Retail sales (bulky items) business, services, repair establishments on same lot ',fuo1esale, wi thou t stock Same as office on same lot Wholesale, with stock warehousing Customer par~ing to be determined by Planning Commission + 1 space per employee + 1 space per company vehicle on same lot Industrial Uses Manufacturing processing establish- ments 3 spaces per 4 employees + adequate space for company and servir.e vehicles on same lot (b) Design Standards. All parking lots shall be surfaced with Portland cement concrete, asphaltic concrete, or oil mar.adam surfacing placed upon a suitable base and built to a thickness which meets the approval of the City Engineer. Lots shall be adequately equipped with bumper guards, driveways, walkways, lighting, fencing, landscaping, directional signs and space mar~ing which will meet the standards established by the Planning Commission. The minimum size for parking spaces to be used in connection with any residential occupancy shall be ten (10) feet wide and twenty (20) feet long when measured at right angles to the axis of the vehicle occupying the same. All other parking spaces may be reduced to a minimum of 8.5 feet measured in the same manner. Every parking space used for a residential occupancy shall have to its rear, and immediately contiguous thereto, a space twenty-five (25) feet long and ten (10) feet wide which is kept free and clear of obstructions of every kind at all times. Driveways to service parking spaces may occupy a portion or all of this clear space. The Commission shall have authority to waive any of the above requirements if in its opinion such item is inappropriate or unnecessary. -1'.9- ... ,. '. . ~. .. ... . .. . .. .. .. . '. .. - - - - - - - - - .- '. .- .. .- .. . .. . ,-, '" . .. .. (c) Change of Occupancy. If occupancy of a building or site changes from one use to another, then the new use shall meet the parking standard required for it in this chapter. The parking requirements set forth in this chapter are cumulative as to anyone site; that is, if more than one use occurs on any building site, then each such use shall meet the parking require- ments set forth in this chapter. The parking requirement for one use may not be used to satisfy the parking requirements of another use on the same site. (d) Coverage. Irrespective of any of the other provisions of this section the requirement for open space and parking space on any building site shall not exceed seventy-five percent (75%) of the gross area of said site. (e) Other Requirements. For any use which is not specifically listed under these regulations, the Commission shall in each case determine the parking requirement for such use at the time approval is given to plans under this section. SEC. 53.3 In case the Director of Public Works has doubts as to whether the application should be approved, he may refer said application to the Planning Commission which shall hear the matter upon the same notice and proceedings as are required in an original application to the Commission for a use permit under Section 73 of this chapter, and an appeal may be taken from the decision of the Planning Co~- mission to the Council by any person who is dissatisfied with such decision upon the same procedure and within the time specified in Section 82 of this chapter. In cases where the regulations specified in this chaDter for an S area differ from or conflict with the regulations specified in this chapter for the district with which an S area is combjned, the regulations for the S area shall prevail. SEC. 53.[1, ~"lhen an S area is established its boundaries and area shall be designated by an appropriate color on the District Map and said area shall be distinguished by the use of the symbol "s" fo110wj.ng the letter representing the basic distrit:t with which the S area is combined; thus the area formed by an S area in a part of a C district shall be designated by the symbols "e-s.1I SEes. 54-59 (omitted) -50- "" ... .. .. . WI .. '. .. . .- .. .. WI .. - - - .- .. .- - - - - - - '. .. '. .. WI .. ",Jjtt' ,"" . ,. .. SEC. 60 GENERAL REGULATIONS. Provisions of this chapter shall be subject to the following general regulations, special provisions and exceptions. SEC. 60.1 OTHER USES PERMITTED BY COMMISSION. Where the term "other uses similar to the above" is mentioned, it shall be deemed to mean other uses which, in the judgment of the Commission as evidenced by a written decision, are similAr to the uses listed in the same section and are not more object~onab1e to the general welfare. "Other uses" so determined by the Commission shall be regarded as listed uses. In no instance, however, shall these regulations be so interpreted as to permit a use in a district when such use is specifically listed and permitted in a less restricted district: that is, a use specifically set forth in the R3 distr;ct shall not be permitted in the R1 district. SEC. 60.2 ZONING OF ANNEXED AREA3. Any area annexed to the city after the effective date of this chapter shall immediately upon such annexation be automatically classified as an R1 district until a zoning plan for said area has been adopted by the City Council upon recommendation of the Planning Commission. SEC. 61 PUBLIC SERVICES! EXCEPTIONS. This chapter shall not limit or interfere w1th the temporary use of any property as a public voting place; or with the construction, installation or operation by any public agency or private corporation of any power transmission and distribution line, communication facility, or transportation line or conduit, or of any ~ncidenta1 appurtenances to any of the above, when located :i,n a street or a ub.lity easement. Nothing in this ordinance shall be deemed to prohibit the excavating of natural materials for the construction of a building permitted in the district, which building is to be con- structed on the same lot, and no use permit shall be required for such excavating. SEC. 62 BUILDING SITE REQUIREiillNTS - ECCEPTIONS. Even though the width or the area is less than the minimum required by th3.s chapter for the district, any of the follow- ing specified lots or parcels of land may be used as a building site if all other requirements are met; provided, that no more than one dwelling unit shall be placed upon any sur.h lot or parcel: (a) Any lot shown on a subdivision recorded prior to the 20th day of September, 1937, or of record as a separate parcel at the time of annexation to the city. -51- '. .- '. '.. ... .'*' .- .. . .. .. ,. . .. .. '. - - - - ... "" .. - ... - "11II - 11II ... ,11II - 11II . - .. 0" . '. .. - (b) Any other parcel of land purc:hased prior to the 20th day of September, 1937 by the present owner or by a person from whom the present owner acquired it through testamentary disposition or intestate succession, where no adjacent land is owned by the same person. (c) Any lot or parcel of land, where the deficiency in width or area is due exclusively to the ta':::ing of a portion thereof for a public purpose or the sale of a portion thereof to any agency or political subdivision of the State or the Federal Government; provided, that this last stated eyception shall not apply to any such lot or parcel of land having a w~dth less than thirty (30) feet or an area less than four thousand (~000) square feet. SEC. 63 LOT COVERAGE - EXCEPTIONS. In applying the regulations of this chapter, the features of a structure as hereinafter set forth shall not be included as cover- age, and may project into a required yard space to the e~tent specified. (a) Cornices, canopies, eaves or other pro- jections which do not increase the volume of space enclosed by the building. None of these shall project into a required yard more than (3) feet. (b) Fire escanes. No fire escape shall project into a required yard more than four feet, six inches. (c) An uncovered stair and landing which does not extend above a ground floor entrance except for the ra~linR. No such stair and landing shall project more than three (3) feet into a required side yard or more than six (6) feet into a re- quired front or rear yard. No such stair and landing shall extend beyond any official plan line or future-width line established in accordance with the provisions of this chapter. SEC. 64 YARD REQUIRE~illNTS. Every building hereafter constructed shall be upon a building site of dimensions in relation to the building such as to provide for the yards specified in the regulations for the district in which the lot is located. -52- 1ilII. .. . .. .- ..... .>:jJ, . ... .. ... .. ... . - .. .. - - - (a) Every such front or rear yard shall extend along a lot line the full width of the lot, and every such side yard shall extend along a lot line from the front yard or the front lot line to the rear yard. A required yard shall be open and unobstructed from the ground upward, except as otherwise provided herein. The required minimum depth or width of any yard shall be measured generally at right angles to the lot line and from the nearest point of the building. Where the side lot lines converge to a point, a line five (5) feet long within the lot parallel to and at a maximum distance from the front lot line shall be deemed to be the rear lot line for the purpose of determining the depth of the rear yard. (b) Where the building wall is not parallel to a side or a rear lot line the required least dimension of the side yard or the rear yard along such line may be applied to the average, provided that no such side yard shall be less than three (3) feet in width at any point, and no such rear yard shall be less than ten (10) feet in depth at any point. (c) The required depth of a front yard or of a street-side side yard of a corner lot shall be measured from the property line of the public way, provided, that whenever a future-width line is officially established, required yards shall be measured from such line or lines. '- - - - ''III . "III . "III .. .. .. .. - ". .. .. . SEC. 6~.1 YARDS, EXCEPTIONS. The following exceptions shall apply to all required yards: (a) In any residential district where twenty- five (25) percent or more of the lots in any block, exclusive of the frontage along the side of a corner lot, has been improved with buildings at the time of the passage of this chapter, and the front yards on such lots vary in depth to an extent not greater than six feet, then the required front yard depth for such district shall be disregarded in such block and in lieu thereof the front yard required on each lot in such block shall be of a depth not less than the average depth of the front yards on the lots on which are located such existing buildings. -53- ... .. - ... .. .. In no case, however, shall any building be erected closer to any street line than any official plan line which may have been established for such street or than any future width line designated therefor by the provisions of this ord{nance. .. .. .. .. (b) When any interior lot in any R1 district is adjacent to any lot in any other district, the depth required for the front yard on such interior lot may be reduced to not less than the average of such required depth and the width or depth of yard required on said lot in such other district which yard is adjacent to the street upon which said interior lot faces. . .... .. .. .. - (c) vfuen any interior lot in any R3 district is adjacent to any lot in any C or M district, the front yard requirement for such interior lot may be d;sregarded and in lieu thereof that portion of any building on that portion of the width of such interior lot not exceeding one-half thereof, and not exceeding twenty-five feet, which portion of the width of such interior lot is next adjacent to su~h lot in such C or M district, may be built to the street line, and the line of the building for the remainder of such building shall be not nearer to said street line than a distance equal to such required depth of front yard. - - . (d) In determin;ng the depth of rear yard for any building, but not for any dwelling group, where such rear yard opens into an alley, one-half the width of such alley, but not exceeding ten (10) feet, may be considered as a portion of such rear yard; provided, however, that this provision shall not be so app1~ed as to reduce the depth of any rear yard to less than ten feet; and provided, further, that in no case shall the door of any building or improvement, except a fence, which door opens into any alley, be erected, constructed or established closer to the center of such alley than a distance of fifteen (15) feet. (e) A swimming pool may be located in a front or side yard if approved by the Planning Commission as provided in Section 53 of this chapter. ,. .. .. ... "'" - .. ... -5(- .. .... .. '. - ". .. .. .. 111I .. .. .. - .. ... .. '. - - ,- .- ,- - - - - - ,- .. '. . ,. .. ... .. .. .. .. ...~ SEC. 65 ACCESSORY USES. An accessory use as defined and regulated herein, is permitted in any district where the principal use to which it is accessory is permitted; provided, however, that no accessory use shall be per- mitted which alters the character of the premises in respect to their use for the purposes permitted in such respective district. Non-commercial horticulture and private outdoor recreational facilities are permitted accessory uses in all districts. The operation of necessary facilities and equipment in connection with any public park, playground or institutional use shall be deemed to be an accessory use. (a) No home occupation shall be permitted as, or deemed to be, a use accessory to a dwelling unit in any R district which involves or requires any of the fo110winp: (1) Employment of any person not a member of the family occupying the dwelling unit. (2) Generation of pedestrian or vehicular traffic beyond that normal to the district. (3) Use by the occupant of a commercial vehicle for transportation of materials to or from the premises. (4) Maintenance of a stock in trade; or storage of materials or supplies outdoors or in a required garage space. (5) Show windows, window displays or advertising to attract customers, clients, or the general public to the premises. (6) Any construction feature or alteration not of a residential character. (7) Any operational characteristic or effect, including color, lighting, noise, vibration, electrical disturbance, smoke or odor discernab1e at the exterior boundaries of the building site, which would identify the premises as serving a non-residential purpose. (8) The conduct of a business office open to the public. (9) Teaching of music or dancing to more than one pupil at a time. -55- .. .. '. .. .." .. .. .. .. .- .. . .. .- .. . .. . '. -.- '. .. - - .. .- .. .- ... . .. . - - i" - - - IIilii ~ Provided, that item (8) shall not exclude the maintenance within a dwelling unit of the private office or studio of a person who resides therein, if accessible only from within the dwelling unit; and provided, further, that item (5) shall not exclude the display of a name plate as regulated in Section 68. A parish house of a minister, priest or rabbi may have a separate entrance from the street to a study or other room used for interviews with the public. (b) The following uses shall not be construed to be home occupations, or to be qualified as permitted uses accessory to a dwelling unit: (1) Animal hospital (2) Beauty parlor, barber shop, clinic, hospital (3) Motor vehicle repair, or the demon- stration of or display for sales purposes of any motor vehicle (4) Real estate and insurance office (5) Day nursery or other school with organi7.ed classes (6) Television, radio or appliance repair (7) All other uses similar to the above. SEC. 66 ACCESSORY BUILDINGS. Accessory buildings as defined and as regulated herein are permitted in any district, if constructed either at the same time as the main building on the lot, or subsequently. No detached accessory bui1d~ng hereafter constructed shall occupy the required front yard or be within five (5) feet of any dwelling existing or under construction on the building site. In the case of a corner lot, where the rear lot line abuts the front yard of another lot, no detached accessory bui1dinRs shall project beyond the inner line of the required or the existing front yard on the adjacent lot. ~~erever an accessory building is attached to the main building, it shall be made structur- ally a part and shall have a common wall with the main ,building, and all requirements of this chapter applicable to the main building shall be complied with as for a single structure. In any R district, detached accessory buildings shall be located on the rear half of the lot, and may there occupy part of the required yard areas, subject to the following limitations: -56- (a) No such accessory building shall occupy more than thirty (30) percent, nor shall all such buildings collectively occupy more than forty (~n) percent of the required yard spaces in the rear yard. A covered patio or barbeque area shall not be construed as an accessory building. (b) No such building shall be nearer than one foot, six jnches to any side lot line, or within five (5) feet of the side line of the front half of any adjacent lot. (c) In the case of an interior lot abutting upon two or more streets, no such ac:cessory building shall be erected or altered so as to encroach upon the one-quarter of the lot nearest either street. (d) In the case of a corner lot abutting upon two streets, no accessory building shall be erected or altered so as to encroach upon the area between such respective streets and lines drawn parallel to such streets respectively so ~s to divide the lot into equal areas. (e) A bree~eway may be permitted to provide shelter between an accessory building and a main building. Such breezeway is a covered passageway which does not exceed ten (10) feet in width and whj.ch has at least one side open, exc:ept for necessary supporting columns. SEe. 67 TEI":PORARY USES. Certain temporary uses of property as specified and regulated herein may be per- mitted in any distr~ct. The permit or license may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the permit or license. The enforcing officer may require guarantees to assure removal of the temporary use and of any debris or refuse resultant therefrom, so as to restore the premises to the prior condition. (a) Temporary buildings and uses incidental to the construction of a building or group of buildings on the same or adjacent premises, may be permitted in any district. -57- ... .. '. (Jl" .. '. (b) A temporary tract or sales office may be permitted in an R district during the period of construction or sale of homes in a new subdivision, if located in a dwelling or in a temporary structure not less than twenty (20) feet from any other structure. A temporary accessory sign aopurtenant to the sale, having an area not in eycess of one hundred (100) square feet is per- mitted. Both office and sign shall be removed and the entire premises shall be restored to conform to the district regulations within thirty (30) days after the expiration of. the period of time specified in the permit. .. ... .. "- . ... .. 'III (c) Any of the following uses may be permitted, subject to a spec:ific time limit not to exceed sixty (60) days: .. .. (1) Neighborhood bazaar, exhibition, celebration or festival in any district, when sponsored by an organized group of residents or tenants in the vicinity; - - - (2) Booth for charitable, welfare, civic or patriotic purposes; - - (3) Open-air sale of Christmas trees, except in R1 districts. - . SEC. 68 S7GNS IN R DJSTRICTS. For the purpose of regulating the si~e, location and other characteristics of signs which may be qualified as permitted accessory uses j,n R distr:i.cts, the following r.lasses of signs are distinguished, each of which shall be subject to the limitations and condjtions specified hereinafter. For the purposes of this chapter, the word fli11uminatedfl shall mean fig:: vi ng forth d:i rec t artif ic ia1 light," and shall not refer to light cast upon a sign. SEC. 68.1 NNvE PLATES. The term Name Plate shall mean a sign affixed flat against the wall of the dwelling which serves solely to designate the name or the name and occupation of a person residing in such dwelling. When qualified as an accessory use, a name plate shall be permitted in any R district, but no such sign shall be illuminated or eyceed one square foot in area if in an R1 district. - .. 'III .. 'III . <III .. ... .. - -5'3- - - '. .. - . .. SEC. 68.2 IDENTIFYING SIGN. The term Identifying Sign shall mean a sign on the premises which serves only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution, or which serves only to tell the name or address of an apartment house or hotel or which serves only to inform the public as to the use of a lawful parking lot or other public facility. When qualified as accessory to a lawful non-conforming use, an identifying sign shall be permitted in an R district, but no such sign shall be illuminated or exceed twelve (12) square feet in area. No identifying sign shall be placed within ten (10) feet of any other lot in an R district or so as to face any such lot across a lot line common to both. .,. . .. '. . .. .. '. . - SEC. 68.3 SALE OR LEASE SIGN. A sign which serves only to advertise with pertinent information the sale, rental or leasing of the property upon which it is located, or of a bu~,lding thereon, shall be termed a Sale or Lease Sign. No sale or lease sign in an R district shall be illuminated or exceed eight square feet in area, except a temporary sign in connection with the sale of lots in a new subdivision, as provided in Section 67. .- - - - SEC. 68.A ADVERTISING SIGNS. The display on any private premises or upon any private structure or portion thereof of any devic:e or any lettered, figured or pictorial matter for advertis~ng purposes, excepting (1) a name plate, (2) an identjfying sign, (3) a sale or lease sign pertain~ng to the prem~ses, or (A) a sign specifically exempted from the provisions of this chapter by Section 68.5 shall be deemed to be an advertising sign. No advertising sign shall hereafter be permitted in an R district unless (1) the subject matter thereof pertains specifically to the non-conforming basiness or industrial use legally existing on the premises and unless (2) the sign is placed and maintained parallel to and against the wall of a non-conforming building; provided, further that (3) no such sien in any R1 or R2 district shall be i1l~mi- nated, or exceed one hundred (100) square feet in area. If the non-conforming use ;s an aatowobi1e service station, limitations (2) and (3) shall not apply. - ,~ - .. .. . ,. .. .... ,- .y .... .. ... SEC. 68.5 SIGNS - EXCEPTIONS. Nothing in this chapter shall exclude from any premises any of the following signs: -59- .. '. .. #' ~~ .. 'III ... 'III .- 'III .. ~- - ... .. .- - (a) Display of official public notices, or notices posted by a public officer in the performance of his duty. (b) Bulletin boards used to display announce- ments relative to meetings to be held on the premises. (c) Temporary non-structur~l display posters in connection with political campaigns or with civic non-commercial health, safety or welfare campaigns. (d) Temporary displays of a patriotic, religious or civic character. (e) House numbers, street names, "no trespass" signs and other warning and directional signs of a public or quasi-public nature. SEC. 69 (omitted) - SEC. 70 VARJANCES. The Planning Commission shall receive, investigate, hear and take action upon every application for a var~an~e from the str1c:t application of any of the provisions of this chapter. It shall approve only such variances as are in harmony with the general purpose and intent of the zoning chapter, and in accordance with the specific regulations hereinafter set forth. - - - 'III .. 'III .- . - '. - '~ y; - ... .. (a) A variance shall be approved only when the strict and literal jnterpretation of the regula- tions in the particular case would involve practical difficulties or unnecessary hardship, and only to the extent necessary to overcome such difficulties or unnecessary hardship. (b) The Commission shall hold a hearing on each application for a variance, as provided in Section 81 hereof. (c) A var~ance in whole or in part or sUbject to condjtions may be approved by the Commission, if from the information presented in the appli- cation or at the hearing it appears, and the Commission finds: -60- - .. till .. .. .. ... ... ... ... ... '.- . '. ... .. - .- ."" "'. .. ~- .. ... ,I. 1. .- - . 'WI . .. ... "..,"""- c, - .. . (1) That there are exceptional or extra- ordinary circumstances applying to the property involved or to the proposed use; (2) That because of such exceptional or extraordinary circumstances, the literal enforcement of specified provisions of this chapter would result in practical difficulty or unnecessary hardship such as to deprive the applicant of a sub- stantial property rieht possessed by other owners of property 3n the same class of d~.str1ct. (3) That the allowance of the var:iance wS,ll not, under the CirCLi.ffistances of the particular case, be materially detrimental to the public welfare or materially in- jurious to persons or property in the vicin:i. ty, and (1'.) That the results of allowing the variance as specified will be in harmony with the general intent of the zoning chapter. (d) In approving a variance, the Commission shall specify the character and extent thereof. A variance may be made conditional and it may be made valid for a specified term period. One of such conditions may be the requirement of suitable guarantees to secure compliance and to protect the public health, safety, convenience and general welfare. Once any portion of a variance is utj1ized all such conditions and specifications shall be immediately operative, and the violation of any of them shall constitute a violation of this chapter. SEC. 71 COND!T10NAL USES. The term Conditional Use shall include every use or occupancy of a structure, or a use of land, listed in this chapter as permitted upon ~ssuance of a use permit and not otherwise. No use permit for a use ~n any district which is listed in the District Regulations as a Conditional Use for that class of district shall be authori~ed except in accordance with the following regulations. Every such use i~dec1ared to possess characteristics such as to require, in pursuance of the general intent of this chapter, special review and appraisal in each instance. -61- ... ,. ... (a) The Planning Commission shall receive, investigate, hear and decide upon every appli- cation for a Conditional Use, and after the hearing shall approve the issuance of a Use Permit therefore only if the evidence presented at the hearing is such as to establish: (1) That the proposed use is properly located in relation to the General Plan and to the community as a whole and to other land uses and to transportation and serv~ce facilities in the vicinity; and (2) That the proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property ;n the vicinity, or caUge any damage, hazard or nuisance to persons or property. (b) The Commission may provide that issuance of the Use Permit shall be contingent upon acceptance and observance of specified conditions, 1.nclud:;ng but not limited to the following matters. (1) Conformjty to plans and drawings sub- mitted w~th the application. (2) Special yards, open spaces, buffer strips, walls, fences, concealing hedges, landscaping; (3) Performance characteristics, related to the emission of noise, vibration and other potentially dangerous or objection- able e1eiaents. (4) Limits on time of day for the conduct of specified activities. (5) Guarantees as to compliance with the terms of the approval. (e) The Commission may receive applications, subject to the same regulations and procedures as those whjch apply to new conditional uses, to modify or waive any condition imposed by it in authorizing the issuance of a Use Permit, or -62- ... .. .. ,ff" ;"'" ,.., ... ... .. .. .. ... .. ... .- .. .. - - - - ,.,. - - - - .. .. - .. .. ... ... .. ... .. set forth in a prior Use Permit continued in effect by the provisions of paragraph (d) of this section. After the hearing, it may modify or waive any such conditions, if it finds that such change or waiver is necessary for the preser- vation of a substantial property right of the applicant or to avoid practical difficulties or unnecessary hardship, and would be consistent w~th the intent of this ordinance. (d) 'i;1herever a use for which approval of a use permit by the P1annin~ Commission, or by the Counc~l on appeal, is required, or a use classified and l~sted herein as a conditional use in the district, lawfully exists at th~ effective date of this chapter, then such use, as long as it remains the same, shall be deemed to be an author~'7ed and lawfully !;lermitted use w~thout further action. Whenever any such use, or any use hereafter authorized as a conditional use, is discontinued for one year, such use shall not be re-estab1ished unless it is authorized under new proceedings. SEC. 71.1 A;)D::TIONAL USES PERHITTED. The Commissi on may, after a public hearing, permit the following uses in districts from which they are prohibited by this ordinance where such uses are deemed essential or desirable to the public convenience or welfare, and are in harmony with the various elements or objectives of the comprehensive p,enera1 plan. A notire of such public hearing shall be given in accordan~e with the provisions of Section 81.1 (a) of this chapter. (a) Airport or aircraft landing field (b) Cemetery (c) Co1umbarium, crematory or mausoleum (fi) Day nursery (e) Development of natural resources together w~th the necessary buildings, apparatus, or appurtenances incident thereto (f) Educational institut~on operated by a non- profit or governmental entity (g) Government enterprises (federal, state and loc al) .;' (h) Hospital .. -63- "II ... - .. ... ." .. (i) Library or museum operated by a non-profit or governmental entity - .. (j) Park, playground or recreational community center '. (k) Prjvate club, fraternity house, sorority house, union hall (but not including a hiring hall), senior cjti?en center III - ... (1) Radio or television transmitter, scientific or educational research center, public utility facility. .. .. . SEC. 72 NON-CONFORMING USES AND BUILDJ.NGS. Any use lawfully occupying a building or land at the effective date of this chapter or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is 10rated shall be deemed to be a non- conforming use and may be continued, except as otherwise provided herein. Any building lawfully existing at the effective date of this chapter, or of subsequent amendments hereto, that is wholly or partially used, or designed for use, contrary to the regulations for the district in which it is located, shall be deemed to be a non-conforming building and may be so used or continue in such use. Any building for which a permit has been lawfully granted at the effective date of this chapter, or of subsequent amendments hereto, must be completed in accordance with the approved plans; prov~ded, that actual construction is started within two months of the date of issuance of the permit and diligently prosecuted to completion. The term "actual constrJction" for the purposes of this section is intended and shall be construed to mean the performance of any work or labor, the effect of which is apparent upon the building site or the placing of any material thereupon required or reasonably necessary for the con- struction of the building. Such building shall thereafter be deemed to be a lawfully existing building. III ... - - ~~ . '11III .. - .. . .. .--"''''~ #' . .. III SEC. 72.1 VARIANCE GRANTED AUTO~ATJCALLY. A variance is granted automatically, hereby, so as to permit the continuatjon of the particular existing uses of any building, structure, lmprovement or premises existing in the respective ~ones immediately prior to the time this ordinance or any amendment thereof becomes effective if such existing use was not in violation of this or any other ordinance or law. -6,1- - - ... c.. (a) As used in this section the word "property" refers only to that portion of the property actually utili7.ed for the existing use. The word "improvement" does not include any improve- ment not a part of the existing use, and such improvement which is not a part of the existing use shall be disregarded in the construction of this secHon. .. '. .. .. ". '... (b) This sect~on does not authorize the extension, expansion, or enlargement of such existing use, or perm~t the addition of structures or other facili- ties in conjunction with such eyisting use. .. .. (c) Such variance shall remain in force and effect for the following length of time, except that it may be extended or revoked as provided in this Article: '.. .. .. (1) Where the property is unimproved, one year. - .... "'" (2) Where the property is unimproved except for structures which do not require a building permit, three years. - (3) Tn other rases twenty years, and for such 10nqer times so that the total life of the improvement from the date of construction will be: - - .. - - .. - .. .. .i .. .- .. . A. Type ~ or type 5 buildings (light incombustible frame and wood frame): (1) Flats, apartments, and double bungalows, thirty years. (2) Other dwellings, thirty-five years. (3) Stores and factories, twenty-five years. B. Type 2 or type 3 buildings (heavy timber construction and ordinary masonry): -65- ... " - '.. .. .. .. - .. - .. .. .. ,- - - -'........ (1) Apartments, offices, hotels, residences, stores below, ap....rtments above, forty years. (2) Stores below, hotel or offices above, forty years. (3) Warehouses, stores, garages, lofts, forty years. (A) Factories and industrial, forty years. C. Type 1 buildings (fire resistive): (1) Apartments and residences, fifty years. (2) Offices and hotels, fifty-five years. (3) Theaters, sixty years. - (4) Warehouses, lofts, stores, garages, fifty years. (5) Industrial, fifty years. (d) Nothing in this chapter shall be construed to prevent the restoration and resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, or by Act of God or by the public enemy to the extent of seventy-five (75) percent or less; provided that such restoration is permitted by Chapter 6 of this Code, and is started within one (1) year after such damage and diligently prosecuted to completion. A non-conforming building that is completely destroyed or damaged or partially destroyed in any of the above manners to a greater extent than above specified, or voluntarily razed or required by law to be razed, shall not thereafter be restored except in full conformity with all the provisions of this chapter as to building and use. The amount of destruction shall be calculated by taking seventy-five pe~cent (75%) of four times the assessed value of the improvements destroyed, as such value is shown on the current equa1i7.ed assessment roll of Santa Clara County. - ... - '... - .. - - - - -66- ell '\11'" "'"' '. - .- ... - - - - - ... - - - - - .... - (e) Whenever a non-conforming use of land or of a building has been changed to a conforming use, or discontinued for a continuous period of one year; such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations for the district. Where no enclosed building is involved, discontinuance of a non- conforming use for a period or six (6) months shall constitute abandonment. SEC. 72.2 EXTENSION. In addition to the other grounds set forth in this ordinance, an exception which has been automatically granted under Section 72 may be extended if the Commission finds that the nature of the improve- ment is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property. SEC. 72.3 REVOCATION OF AUTO~~TIC VARIANCE. In addition to other grounds stated in this ordinance a variance which has been automatically granted may be revoked if the Commission finds: - (a) That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the 20ne where it is located would not impair the constitutional rights of any person. - (b) That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person. - - .. SEC. 72.4 BUILDING TYPES. Reference made to building types in Section 72 of this ordinance is to be interpreted so that each such building type is defined in the same manner as that same term is defined in Chapter 6, Article I of this Code, adopting a Uniform Building Code. SEC. 72.5 PUBLIC HEARING. An automatic variance for an existing use shall be extended, modified or revoked only after a public hearing held in the manner provided for in Section 70 of this Chapter. .. ... - - - -67- - "iii ;'~'IIII .J:1llI - .. SEC. 73 APPLICATIONS AND FEES. Every application for a variance or for a conditional use permit and every petition for an amendment changing the zoning district classification shall be in writing and upon forms pre- scribed and approved by the Planning Commission. .. ... ... ... Every application for a variance or a conditional use permit shall include the verifying signature of the owner of the property affected by the application, or by his agent, or by some other person having a substantial interest in the substance of the application. Every petition for an amendment to change the zoning district classification shall include the verified signature of one or more of the owners of property affected by and the subject of the application. ... ... ... .. ... - Each application shall be accompanied by a fee as hereinafter set forth, no part of such fee being returnable. - (a) The fee to accompany an application for a conditional use permit shall be $25.00. (b) The fee to accompany an application for a variance shall be $25.00. - (c) Each petition requesting the reclassification of a zoning district when initiated by one or more property owners shall be accompanied by a fee of $50.00. - ... SEC. 7L1 AMENDMENTS. The Ci ty 80und.l may amend this chapter by ordinance whenever the public necessity, con- venience or general welfare requires. The procedure shall be as follows: .. - - (a) An amendment may be initiated by a Resolution of Intention of the Councilor of the Commission or by petition by one or more interested property owners, accompanied by a filing fee as specified in Section 73. - - - - (b) )Jhen the application for amendment is by petition it shall be verified by at least one owner of property within the area sought to be reclassified, or by an authorized agent thereof, attesting the rruth and correctness of the infor- mation contained herein. - .. - -6 C\- - - ... iiIiiI dIIitJ .. '. '. (c) Upon rec:eipt of such a verified petition or upon passage of such a Resolution of Intention either by the Councilor the Commission, the proposal shall be set for public hearing before the Commission as provided in Section 81. .. '. .. - (d) Within sixty (60) days after notice of the hearing on a proposal to amend this chapter, the Commission shall take action thereon, unless such time limit is extended by agreement of the parties having an interest in the proceedings. Failure to take action within the time limit or any agreed extension thereof shall constitute approval of the proposed amendment. Notice of the Commission's action or failure to act shall be sent to the petitioner, if the proceedings were initiated by petition. If the Commission takes action, it shall make a report of its f~ndings and recommenda- t.ions with respect to the proposed amendment and shall file an attested copy of such report with the City Council. - - - - - ,- - SEC. 75-79 (omitted) ..... SEC. 80 PLANNING COMMISSION - POWERS. The Planning Com- mission shall have the power to dec-rde any question involving the interpretation of any provision of this ordinance, and its decision shall be final unless an appeal is taken to the City Council as provided in Section 82, and overruled by a majority vote of said Council. '. - . - (a) iIJhenever the Building Official is in doubt as to the classification of a use not specifically mentioned in this chapter, the determination shall be made by Resolution of the Commission. The referral shall include a detailed description of the proposed use and such other information as may be required. - - - - - (b) The Planning Commission shall have authority to establish from time to time such pOlicies, rules, and regulations, not in conflict with other laws, as it may deem necessary to assure the proper administration and enforcement of this chapter. ... - - . - -69- - .. .. - ... ... . SEC. 81 HEARINGS. SEC. 81.1 .. .. (a) Conditional Use Permits and Variances. Upon the filing of an application for a conditional use permit or a variance the secretary of the Planning Commission shall set a public hearing on said application and shall give notice of such hearing by publication in a newspaper of general circulation published within the City of Gilroy and designated for that purpose by the City Council. Such notice shall be published at least ten (10) days prior to the date of said hearing and it shall contain a sufficient description of the property affected by the application so as to make it readily identifiable to the general public, a statement of the use requested or of the nature of the variance desired and a state- ment as to the time and place where the hearing will be held. - .. - - .. .. - - - '.. (b) In the case of a petition or resolution proposing the reclassification of a zoning district the Commission shall cause a similar notfce, or notices, to be conspicuously posted upon the property proposed to be changed in classification at least ten days prior to the date of the hearins. Such notice shall be printed with a he:ldi:1g reading "Notice of Hearing - Rezoning" in letters not less than one inch in height; provided, however that in connection with a hearing concerning only the amending, supplementing or changing of the text of this chapter, the published notice of a public hearing, as provided in 3ection 81.1 (a) shall be sufficient. - ~ .. - . - SEe. 81. 2 - (a) At the time and place set for the rearing on an applicatin for a variance or use permit the Commission shall hear all persons wishing to be heard and shall receive all pertinent evidence in connection with the said application. At the conclusion of the hearing the Commission shall make such findings of fact as appear from the evidence, and shall grant, conditionally grant or deny said application. Every decision of the Planning Commission on a conditional use permit or a varjance shall be based on the standards and the criteria established in Section 70 or 71 .. - - .. - - - -70- '~ ,- - '. - - - of this chapter. Unless agreed to by the applicant, the decision of the Commission on a conditional use permit or variance shall be made within sixty (60) days of the date of the filing of the application. Failure of the Commission to act on any such application will be deemed to be approval of said application. All actions of the Commission on conditional use permits and variances shall be final, unless appealed to the City Council in accordance with the provisions of Section 82 of this chapter. (b) At the time and place set for hearing on a petition for reclassification of a zoning district the Commission shall hear all persons wishing to be heard and shall receive all pertinent evidence in connection with said application. If it finds from the facts presented that the public necessity, convenience, general welfare or good zoning practice requires the change or reclassification involved or any portion the~eof, the Commission may recommend such change to the City Council, but otherwise it shall deny the application. The Commission shall make its findings and determinations in writing within sixty (60) days from the date of filing of any app1ir.ation and shall forthwith transmit a copy thereof to the applicant. If the appli- cation is approved the Commission shall forward its findings and recommendations to the City Council. The City Council, after the Commission has conducted the public hearing thereon with public notice thereof as provided in this section may by ordinance effect such amendment and reclassi- fication of re~oning or any portion thereof. Before adopting such ordinance, however, the City Council shall hold one public hearing after giving at least ten (10) days notice by publication in a newspaper of general circulation published in the City of Gilroy and designated by the City Council for that purpose. - - - ... .. - - .. - - - ... ~ '>JIJ/iI - - - - SEC. 82 APPEAL. Any person aggrieved by any decision of the Planning Commission made under the provisions of this chapter may, within ten (10) days from the date of such decision appeal to the City Council by written notice of - - - -71- - - .. .. '.. ... - - appeal filed in duplicate and shall set forth specifically wherein the Commission's findings and decisions were in error. Upon hearing the appeal, the City Council shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make and sub- stitute such other additional decision or determination as it may find warranted under the provisions of this chapter. The standards herein established to govern the discretion of the Commissjon shall apply with equal force to the actions of the Council. ''II . .. - ''II - - - SEC. 82.1 DEC1SION BY RESOLUTION. The decision of the ~ity Council upon the appeal shall be expressed by resolution in writing concurred in by a majority of all of the members of the Council, and the'::ounci1 shall forthwith transmit a.. copy thereof to the original applicant, the appellant and the Commission. If the decision be adverse to that of the Commission on any action concerning the administration or enforcement of any of the provisions of this chapter, the resolution of the Council shall specify wherein there was an error or abuse of discretion on the part of the Commission. No determination of the Commission granting or denying a Conditional Use PerQit, a Variance or a Change of Class1ficat~on shall be reversed or modified by the Councj1 unless the Council shall include in its decision a finding of fact showing wherein the Commission erred in its decision. The procedure of the City Council in effect- ing a change or reclassification of property initiated by resolution of intention, rather than by application of property owners, or for an amendment or supplement to the text which has been disapproved or partially disapproved by the Commission, shall be the same as that outlined above in this subsection for the granting of an appealed app1jcation~ - - - ... - - .... - - - SEC. 82.2 CHANGES INCIDENT TO SUBDIVISION. The City Council shall have authority to make changes without holding a public hearing where, in the subdivision of an area, it is found by the Commission that the districts, as shown on the zoning map, do not conform with the best subdivision and use of the land. In such instances, the City Council may, upon the recommendation of the Commission, authorize within the boundaries of the area being subdivided, the appropriate adjustment of district boundaries or the reclassification of the area into a more restricted district. - - - - -72- - ~ 10;" ,~iiil - - - Such recommendations of the Commission to the City Council shall be made only after receipt of a written request by the owner of the area being subdivided, but no public hearing or filing fee shall be required by the Commission. - - - SEC. 33 ENFORCEMENT. All departments, officials and public employees of the :ity which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this ordinance and any such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void. It shall be the duty of the Chief of Police to enforce or cause to be enforced the provisions of this ordjnance pertaining to the erection, construction, reconstruct~ons, moving, ronversion, alteration or addition to any building or structure. i!I!\II!llII - - - SEC. 83.1 - (a) Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon con- viction thereof shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment :in the City Prison of the City of Gilroy for a term not exceeding six (6) months or by both such f5ne and imprisonment. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. ... ... .... - ;,. - - - SEC. 83.2 - (a) Any build1ng or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this ordinance and/or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful - <4iiilflI. -73- - ..- - - and a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm or .orporation from setting up, erecting, building, majntain~ng or using any such building or structure or using any property contrary to the prov~sions of this ordinance. ".. - ~ The remedies provided for herein shall be cumulative and not exclusive. - .- SEC. 8Ll REPEALING. Ordinance No. Ll.22 of the Ci ty of Gilroy and amendments thereto are hereby repealed except as to those provisions thereof which do not conflict with this Ordinance and as to such non-conflicting provisions, shall be ronstrued to be a continuation thereof; all other ordinances and parts of ordinance of the City of Gj1roy in ronf1irt herewith are also repealed. 'ifOMt ,"'" - .... SEC. 85 VALIDITY. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and earh sect{on, sub-section, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, sub-sections, sentences, clauses or phrases be declared invalid. .- lliiiiII SEC. 86 REFERENCE. This ordinance shall be known and cited as the Zoning Ordinance of the City of Gilroy. SEC. 87 ENACT~lliNT. This ordinance shall take effect and be in fU1Y'e-rrecr-thirty (30) days from and after its passage and approval. .. -7tl- - - ,~ - ,"""" - - - ,- - ... - ... - - - - ,# '"- - ',"" - .... ... PASSED AND ADOPTED this 16th day of September, 1963, A.D., by the following vote: AYES: Council Members: Eckard, Goodrich, Jordan, Quartiroli, Wentworth and Petersen NOES: Coun~i1 Members: None ABSENT: Counc~l Members: Duffin Approved: "../~ ~ ,// ,/ <>(~ ~ J ,.." - ('--!Z~~':~t1 'L. tpet<;;~-~ }i;a yor Attest: ? /Q)U<J~ <t' ~ Susanne E. Payne J ct ty C1erl< - -75- - l ~ I , SUSANNE E. PAYNE , City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 711 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy, at a regular meeting of said Council held on the 16th day of September 19 63 ,at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 24th day of September , 19 63. -