Ordinance 422
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oan IlAKCE 10. k ~ 2.
AI ORDIJIANCE OF THE crry OF GILROY, PROVIDING roll THE ESTABLISH-
MEn' WITHIN SAID CITY OF cmTAIH DISTRICTS WITHIN WHICH THE
CLASSES OF BUILD INQl AID STRUCTURES AID THE USES THEREOF ARE LIMITED
AND IN MIles. CEaTAIH URDS AID OTHER OPEN SPACES ARE REQUIRED AND
CERT11.IN OTHER REGULATIONS ARE APPLIED; DEFINING THE TElUIS USED
HEREm; PaOVIDIIG FOR THE GRAliTmG OF ADJUST1.&TrS IN THE APPLICA-
TIOH OF AIY OF THE PROVISIONS HEREOF; PRESCRIBING THE PROCEDURE F<B
THE ADIUNIStaATIOI AND Al\4ENDMEft HEREOF; AND PllESCRIBDfG PENALTIES
FOR ANY VlOLATIO. OF THE PROVISIONS HEREOF.
The Common Counoil ot tho C1ty ot G11roy do ordain as tollo"s
SEaTIO. 1. D ~'l'RIC~
In order to claaalf), rogulato, ro.trlot and .ogr.ga.to tho u... ot land and build-
ing8 and to r.gula_ the area of yards, ool.ll"ta and other open spacea about build-
ings, all the terrlwl7 of tho CitJ of GUroy 1s hereby dbided into ti.,.e cla88.S
ot dlatrlcts, IU tollOWlJs
IIA" Distriot"
"B" District,s
"C II D lstrlO't..
liD- Distr1ctss
WElt D1strlat'l
One-family a.sldonoe D1atrlot.
Kultlple a..id.noo Distr1cts
BUBin... District,
Induatrial D1.tr10ts
a.sidential-Agrloul tural D 1stI' 10t8
SECTION 2. DISTRJCT HAP AID BOUNDARIES
The boWldarlo. of the atoroaaid d1.tr10ts are shown on the map attached hereto and
made a paM; horeet, be1ng d.aipated as IlPll'triot Jr(ap", and _id map and a.ll no-
tations, rot.ro... aad other informatlon shown th.reon 8hall b. 808 muoh .. part ot
tnl. ordlnanoe a. If...ld matt.r w.re all tully described her.in.
If' unoertaint.y ai.te ..s ~ the bOllnd..ry ot a.ny d1strlot, tho toll owing rul.s shall
apply. (8.) where auob boundary 18 ind1cated as approximately f'ollowing a stre.t or
alley line, suoh .treot or alley line ahall 'be d.emed to be such boundary I (b)
where auch 'boundal'7 18 indica.ted aa ..pproximately following a lot line, such lot
line ahall b. dMaOd 'to b. aueh boundary; (0) in unsubdl.,.ided property or where e
district boundal7 d1.,.id.s property, the location ot any such boundary, unless tno
-- i8 indicated. by dimensions shown on the ..f'or....1d map, shall be detonu1ned by
the u.. of the 80&1. appe..ring on sa1d map.
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SECTION 3. E~ 'OF ESTABLISID4EN'T OF DISTRICTS
Except &s hereiDa.tter otherw1a. pro."lded: (a) no building sball be erected and
no ex1ati11& bullding shall be IIOQd., a.1 wred, added to nor enlarged nor ahall
any lalld or building be used or dealgned to be uaed tor any purpose or in any man-
ner nor ahall any yard or other open spac. surrounding any building be encroached
upon or redaoed, .xcept ae permitted by and 1D oon1"onalt;y to the regalationa speo-
itied 1n 'this ordinanoe for the dlstriot in which such balldlng or yard or other
open space 1s looa.wd; and (b) no yard or open'spaoe pro."ided about any building
for the purpose at complying with the prOYiaions ot thia ordinance shall be oon-
sidered as pro.,,1din& a yard or open spaoe 01' any other building or any other lot.
SECTION 4. DEFIRITIONS
For the purpose ot this ordinanoe certain terms used herein are de!'lned as to1-
lows, all words aaed in the present tense shall Inclade the tuture; all words
in the plural number shall include the s111&a1..r nwaber and all words in the singu-
lar BWIlber 8hall Inclade the plural namber; unless the natural oonstruction of the
wording indicate. otherw1se. The word '101011 inolades the word 'plo't'; the word
abuilding- Inoludee the word -atruoturell and the word -ahall' 18 mandatory and not
dlreo'tory. The word ltQlty' as aaed herein shall mean the City ot Gilroy, Calit-
ora1a; the worda 'City councU' ahall mea.n the Common Council of the City of Gilroy,
California; the words -Planning Commissionll shall mean 'the City Planning Commission
of the City of Gilroy, Calitorn1a.
krloul'ture: The tlll1ngot the so11, the raising of cropa, horticultl1r8, vlticl11-
ture, ama11 11."..tock tarm.lng, dairying and/or a.nimal hasba.ndry, including all use8
GUs'tonla.rlly Inoidental thereto but Rot including slaughter house., tertllber
yards, bone yards or plants tor the reduction ot animal matter or any other tndu8-
trial use whioh is similarly objectionable b.oause ot noise, odor, smoke, dust or
fWlUta.
4lleYI Any public thoroughtare, not exceeding thirty teet in width, tor the use
of pedestrian. and/or of vehloles which alfords only a seoondary means ot access
to abutting, property.
4,partmont: A room or suite 01" two or more rooms whioh is de.igned tor, intended
tor and/or OGcup1ed by one family doing 1ts oooking therein.
Apartment Court: Se. Dwelling Group.
Apartmen't Hou.e, S.e Dwelling" Ml11tiple.
Auto.moblle Camp: Land or premi.e. used or intended to be used, let or rented tor
occupancy by campers tra.".ling by automob1le or otherwlse, or tor occupancy by
or or trailers or IllOYable d.....IU.ng,.. room. or sleeping quarters ot at1Y kind.
Automobile Court: A group of two or more detached or semi-detached 'buildinga
oontainiD.g guest rooms and/or apartment. with al1tOlllOblle storage 8];&00 ""ing
such rooms and/or apartments provided in connection th.rewith, which group is designed
intended and/or used prllnarily tor the ac~odatiOD ot al1tomobl1e tra."elers; In-
oll1ding groups designated as auto cabins, motor lodg.., and by similar designations.
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AutoJaoblle Wreo]d~: See Junk Ya.rd.
~lOO~1 That proper'tf abutting on one aide of a street a.nd lying between the two
near..t intersecting or interoepting streets, or nearest interseoting or inter-
cepting .treet. a.nd railroe.d right of way or unsubdl.,.ided acreage.
B:Ll11dln~' .Any structure having Ii. root supported by columns and/or by wa.lls a.nd
intended tor the shelter, housing a.nd/or enolosure of a.ny person, an1.mal or chat-
tel. When any portion thereot is completely separated trom ..,.ery other portion
thereof' by a. U,80nry di.,.1s10n or tire wall without any window, door or o'ther open-
ing therein, which wall extend. trOIa the ground to the upper .urface ot the root
a.t .err polnt, then each such portion sl1li\l1 be deemed to be So separate building.
Bulld~IU:, Aooe.sor:x' A subordinate building, the use ot whioh Is incidental to
that .t a main building on the sam.e lot. On any lot upon whioh is looated a dwel-
ling any building which is incidental to the conduoting of a~ agrloultural use
permitted in the district shall be deemed to be an acoeasory building.
BulldlpK. l4a.s.n: A build1ng; in which is conduoted the prinolpal use ot the lot on
which it 1s aitua:ted. In any res1dentlal district any dwelling Shall be deemed
to be a main building on the lot on which the ae.m.e 1s situated.
B~a1ow Court: See House Court; also Dwelling Group.
Busines. or Co_roe: The purohase, sale or other transaction in.,.01.,.1n& the handl-
ing or disposition (but not .me.nufaoture, fabrication, reduction or destruotlon)
of any artiole, substance or commodity tor profit or livelIhood. including, in
addition, ott1ce buildings, ottlces, garages, outdoor advertising a1gns a.nd out-
door ad.,..rti81ng 8vuotl.lree, automobUe O&IllpS, automobile oourt., and reoreational
and amu....nt enterprise. conduoted tor protlt, but not including junk yards.
Qoun: An open, unoccupied spaoe, other than s. yard, on the _. lot with a
building or buildings and whioh 1s bounded on two or more aides by such building
or buildingl, inoluding the open space 1n a house court or court apartment pro-
.,.ldlng &OceS8 +0 the unlta thereof.
DiatrJo't: A portion at the territory of the City within which certlio.in uses ot
land and buildings are permitted and certain other uses of land and buildings are
not pemit'ted and within which oertaln yarde and other open 8paO.. a.nd certain build-
lag site areas are required and within which certain other regulations are estab-
lished, all as set torth and specltied in this ordlnanoe. The term ltrea1dentla.l
diatriotll shall mean "A", IlBlt and !lElI districts, or a.ny ot them.
DisWio't. More Restrfc'ted or Less Restricted: In the t'ollowing l1at each district
.hall be deemed to be more restricted than the districts tollowing it and each
distriot shall be deemed to be less restricted than the districts prdced1ng it:
"A", ItB It, .C It, 'D".
Dwelling. One-Familf: A detached building des1.~ed tor and/or ocoupied exclusively
by one tamlly.
Dwel1inK.'fwO..Famll;y: A detaohed building designed tor and/or occupied exolusively
by 'two tamil1e. living independently ot each other.
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Dwellln~, Multiple: A building or portion thereot used and./or designed a8 a
residence tor three or more families liY1ng independently of eaoh other, and doing
~he1r own cooking in aaid building, including apartment houses, apartment hotels
and flats, but not including automobile courts.
Dwell1ne; Group: A group of two or more detaohed or semi-detached one..tamily, two-
family or multiple dwellings occupying a parcel ot land in one ownership and haY"
ing any yard or court in common., including house oourts and apartment oourts, but
not inoluding automobile oourts.
Pardl;)': One or more persons ocoupying a pre=alses and 1 lYing as e. single, non-
protit housekeeping unit, as distinguished from a group occupying a hotel, club,
fraterni'ty or sorority house. A family shall be deemed to inolude nece8sary ser-
nnts.
Front Wall: The 'Wall of the building or other structure nearest the street on
which the building taoos, but excluding oerta.ln architectural features as speoi-
fied in Seotion 12 of this ordinanoe.
Gara~e. Pr1vat~: An acoessory building for only the storage of selt-propelled
vehiclee.
Garage Public: Any premises, except those herein defined as a printe or storage
garage, used for the storage and/or oare ot selt-propelled Yehlcle. or where any
such yehicle. a.re equipped tor opera.tion or repair, or kept for remuneration, hire
or sale.
Gare.~e, Storag;e: Any prem.1sel'J, except those herein defined e.s a printe garage,
u.sed exclusl''1ely for the storage of selt-propelled vehicles.
Guest Room: A room which ls intended, arranged or designed to be occupled or
which 18 occupied by one or more guests, but in which no provision Is made for
cookIng and not including dormitories for sleeping purposes.
Home Ooeu~tion: Anf use customarily conduoted entirely within a dwelling and
carried on by the 1r1ha.bitants thereot', which u8e is clearly 1noldental a.nd 8&0000-
ary to the use of the dwoll tng for dwelling purposes and does not change the
charaoter thereo.f. Clinics, hospitals, barber shops, beauty parlors and animal
hospitals &18.11 not be deemed to be home occupations.
House Oourt: See Dwelling Group.
Hotels A:ay building or portion thereot containing six or more guest rooms used,
designed or intended to be US<<1, let or hired out to be occupied. or vmich are
ocoupied by six or more Individc1.als for com:rensation, vmother the compensation be
paid directly or Innirectly.
Junk YaJ'ds The use ot more than two hundred aquare toet of the area. ot any lot,
or the u.. of any portion of that halt ot any lot, (but not exceeding a depth or
width, as ~e ca88 ma.y be, of one hundred reet), which half adjoins any street,
for the .torage or keeping of junk, including scrap metals or other sorap material,
and/or for the dis.ma.ntling or "Wrecking" of automoblles or other vehicles or
machinery; provided, however. that this definition shall not be deemed to Include
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any case of any of the foregoing; \lBeS 'whioh Is aoces80ry a.nd incidental to any
a.gricul tural use.
~ots Land. occupied or to be occupied by a bull ding and its a.ooeS80ry buildings,
or 'by a d_111ng group and Its acoe.sory buildings, together with .u.ob open apaces
as are requ.lred under the provisions of this ord.lnanoe, having not le.s than the
minimu.m area required by this ordinance for a building site In the district in
which BUch lot Is situated. and having its principal frontage on a street.
Lo,., Cornerr A lot situated at the intersection of two or more streets, or bounded
on two or more adjacent sides by street 11nes.
Lot, Interior: A lot other than a corner lot.
Lot. Ke.l(: The first lot to the 1''''1' of a corner lot, the tront. 11ne of which 1s a
continuation of the side line of the corner lot, exolusiYe ot the width ot any
alley, and fronting on the street which intersects or interoepts the street on
which the oorner lot tronts.
Lot Area.: The total horizontal a.rea. included \vithln lot lines, including one-half
the wld'th, but not to exceed ten r.et, of any alley or portion thereor abutting
any such lot 1 ine .
Lot Depth: The average distanoe from the street lIne of the lot to its rear line
measured in the general direction at the side lines of the lot.
I~ot Fronta.~: That dimension of e. lot or portion of a lot abutting on a street,
eXCB?t the side ot n cornar lot.
Lot L1n.ss The linea bounding a lot as detined herein.
N'on-OonfQrmln,r; Use: A building or land occupied, by a use that does not conform to
the regulations for the district 1n which it 18 dtuated.
O!l" (hmersh! p: Ownership of property (or possession thereof lindeI' a cont.ract to
purchase or under a lea.. the term of which 18 not less than ten year.) by a
person or persons, firm, corporation or partnership, individually, jointly, in
common or in any' other manner whereby such property I. under Single or unified
control. The term ItOwner. shall be deemed to mean the person. firm, corporation or
:partnership exeroising one ownership as herein detined.
Small LiTeBtock Farmln.l!:: The ra.ising and/or keeping ot more than twelve ohicken
henS or twely. pIgeons or twelye similar towl ancl/or twelye rabbits or twelye
similar animals or any roosters, quacking ducks, g..se, guinea towl, peafowl, goats,
sheep or simila.r l1yestockj or the raising and/or keeplng for c~uercla.l purposes
ot any cats or dOg5; provided that the term "smll live.took tarminell as used 1n
this ordinance shall not include hog tanning, dairying or the raising e.no./or keeping
of horae., mules, or similar liysstook as determined by the City Oounoll.
Street: A public or prlYa.te thoroughtare which affords the principal means ot
aOoeS8 to abutting property, inoluding ayonue, place, way, driY8, lane, boulevard,
highway t road and any other thorough.ra.re except an alley as defined hereIn.
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Street Line: Th9 boundary between So street and abutting property.
Structure: Anything constructed or erectod. the use of which req,uires looation on
the ground or attachrllent to something having 10cB.tion on the ground.
Structure.l Alterations: Any change in the supporting .members of e.. building, such
as bearing walls, I~OlU1J'J1St bei::.ms or S:i.rders.
Use.. The purpose for which land or prer.1ises or a buHding thereon is designed,
E1.JTanged or intended or for which :1.t is or c..uy be occl1.p1ed or maintained.
1Lee, Acoessory: A USe incidental and accessory to the principal use of a lot or a
building located. on the saine lot as the a.ocessory use. Any agrloultural use per-
ml'tted 1n any residential district ahall b& deemed to be a.n accessory use to the
use for resldent1a.l purposes of th~ lot. on 'i\.h1ch such ag;ricul tural USe is conducted.
~: An open space other than a court on the same lot with a building, which open
spaoe 18 unoooupied and unobatructod from the ground upward, except as otherwise
i1rOY1ded in Section 12 of this ordinance. In mea.sl.lring a yard., as herelnatter
Ilrovld$d, the line of a building shall be deemed. to mean a Une ~ra.llel to the
nearest lot line dra.wn through the point of a building or the point ot a. dwelling
group nearest to such lot line, exclusive of the respective architectural features
enumera:ted in .SecUc;.u 12 ot this ordL."l8.nce afi not to be considered in measuring
yard dimensions or as being permitted to extend into any tront, slde or rear yard,
respectively; and the measure~~nt shall be taken rr~n the line of the building to
the nearest lot line.
I!rd. Front: A yard extending across the tront of the lot between the inner side
yard lines and lying between the front line of the lot and the nearest line of the
building.
Yard, Rear: A yard. exten.ding across the ful1 width of the lot and lying between
the rear 11ne ot the lot E.nd the nearest Une ot the building.
Yard. Side: A yard between the side line or the lot and the nearest line ot the
building; and axtendln~ from the front 1 ine oj: the lot;; to the rear yard.
~::N S. JlEGULATI:lNS J"oR..lIti." DISTIl reTS
The followln; regulations shall apply in all "AIt districts and shall be subject to
the provisions or Seotion l2 ot this ordinance:
(a) ~6es Perrettt~!!:
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1. tJne:-tam11.y dwe:'.l ings.
2. Galt courses and. country clubs.
3.. Public parks and public playgrolll'ld..
4. Crop and tree tarrdnr; and truck g,ardenlng.
5. Home occupations; provided that there shall be no external evidenoe of any
home occupation except a name plate not exceeding two square re.t in a.rea.,
and provided., further, that thera shall be no red 11lu.1J.lination ot any such
na.n.. pla. to .
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6. Accessory buildings and acoessory uses.
'7. The following uses. upon the securing of a. use permit in ea.ch case as
provided in Section 16 of this ordinance:
(A) Nurseries and greenhouses used only for the propagating and cultivating
ot plants.
(8) Schools, libraries an~ ohurches.
(b) ~uild1n~ Site Area Required'
each one-family dwelling, together with its aocessory buildings, hereafter areotod
shall be located on a. building site in one ownership having an area. of not less
than tlve thousand square teet, provided, however, that any parcel ot land with an
a.rea of less than f1ye thousand. square reet which was under one ownership at. the
tl:ne of the a.doption of this ordinance when the O\mer thereof owns no adjoining land
or which .l:'Jarcal is shown as a lot on any subdivisi.on ;:1.<tp which is hereafter recorded
in the office of the County Recorder of the County of Santa Clara, State of Calif-
ornia, after approval ot said map by the City Council in the manner provided by law,
m.a.y be used as a building site for one one-family dwelling by the owner of such par-
cel of land or by his successor in interest, provided that all other regulations tor
the district, as prescribed in this ordinance, shall be oomplied with. In no
case, however, shall there be more than one dwelling, on anyone lot..
(0) Pront ~rd Require.;!.:
Each lot shall M.ye a front yard not 1088 than twenty feet in depth. provided, how-
ever, that in case a building line for the street on which any lot faces i8 estab-
lished by the ?rovls1ons of this ordinance, then the front yard on such lot shall
have a de:;"th of not le8s than the distanoe from the street line specified for such
bu 11 ding line.
(d) S.!..de Yarqs ~ectuired:
Each lot ahall have side yards each having a width of not les8 than flY8 feet; pro-
vided, hm'1ever, as t'ollO'.'I'Ss
1. On an:;' }1':.roel of land of D.n ['.verage width of lass tha.n f'ift~T feet, which
parcel was under one ownership at the time of the adoption of' this ord-
inanoe whe~ the owner thereat owns no adjoinlnz land or which parcel is
shown as a lot on any subdivision map whJ.ch 1s hereafter recorded in the
off1ce of the aforesaid County Recorder after approval of said map by the
City Council in the manner rrovided by law, the width ot each side yard
may be reduced to ten per oent of' the width of suoh parcel but in no case
shall the width of any suoh side yard be les8 than four feet.
2. On a corner lot adjacent to a key lot the Biele yard on t.ile street side of'
of such corner lot shall have a width in addition to that hereinbefore
specified, so that the total width of such slde yard shall be equal to not
le8s than forty por cent of the front yard de~,th required for the lots to
the rear of suCh corner lot, to a max~nQm width of ten feet for such side
~~rdi provided, however, thQt this reg~lation sl~11 not be So appliod as
to reduce the buildable y:1J.th cLfter providing the reqllired interior slde
yard, of any such corner lot to less than twenty foet.
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3. In case a dwelling is 80 located on a lot that the tront or 1'-.1' thereof
abuts ~ aide lot 11ne, such dwelling shall be not le88 than twonty-tlye
teet from such lot line.
(e) Rear Yard ReQlllred'
Each lot shall have e. rear yard of a depth equal to not l.ss than twenty per cent
ot the depth ot the lot, to a maximum. required depth of twenty-flye feet f'or such
rear yard.
SECTION 6. REGULATIONS FOR "B" DISTRICTS
The following regulations shall apply in all I'BIl districts and shall be subjeot to
the provisions ot Section 12 of this ordinance:
(a) trt!efl Permitted:
1. All uSe. permitted in "A" distriots, subject to the securing of a use per-
mit for any use for which a use permit Is required in "AU districts.
2. Two-tamily dwellings, multiple dwellings and dwelling groups.
3. Hotels.
4. Olubs, lodges and fraternity and sorority houses.
S. Museums not operated tor profit.
6. The to 11 owing uses, subjeot to the securing of .. use permit in -.oh oase,
as proYided in Section 16 ot this ordina.noe:
(A) Hospitals, rest homes, sanitariums, clinic. and other buildings used
for the treatment ot human ailments.
(D) Phl1anthroplc and oharitable institutions.
(0) Automobile courts.
(b) Bulldi~ Site Area Re~ulred:
Same a. specltled for "A" d18tricts except that there may be more than one dwelling;
on one lot:--
(c) Front Yard ReQut,red,
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Each lot shall haye a front yard not less than fifteen teet in depth, prOVided, how-
eyer, that in ca.. 8. building line tor the stre.t on whioh any lot ta.oes 18 ~utab-
lishod by the prOYlsions of this ordinance, then the front yard on such lot shall
haye a. depth of not leas than the distance trom the street. line specified for such
building Une.
(d) Side Yards Requ~red:
Sa,ne as lIp80itled tor ".All dlstrlcts, except as hereinafter specified for dwelling
groups; provided, that for any dwelling of more thAn two stories in height the
width herein required for each side yard shall be Increased by one toot for each
story by which the height ot such building exceeds two stories.
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(e) ~ear Yard Required:
Each lot shall have a rear yard ot a depth ot not le.. than tU'teen teet, exoept
as hereinatter specified for dwelling groups.
(f) Dlstanee be'tween Dwellings on Same Lot:
No main building shall be closer than twenty teet to any other !Ill. in building; on the
u.me lot, exeep't as hereinatter specltled tor dwelling groups.
(g) Dwell1n~ Groups:
The tollowing addltlonal regulatlo~s shall apply to dwelling groups:
(D)
(E)
(F)
In ca.. the buildings ot the group ar. so looated on the lot that the
rear ot the building whioh tace. the street is faced by the front of' a
building to the rear. et aeq. (l.e., in a "tront to back" aerles), no
such building shall be 0108er than twenty teet to any other such
build1ng_
In case the bulldingJof the group are so located on thfl lot that the
rears thereot abut u:(>on one side yard and the !:ronts thereof abut upon
the other side yard (i.e., in a single raN lIa1de to side" aerles), the
sid. yard to the rears thereof' shall haye a width of not less than
S8yen teet, and the slde yard to the fronts thereot shall haye a wid th
of' not les8 than 'tw.l.... teet.
In 0&88 the bulldin,. of' the group are so located on the lot that the
therarsi1hereot .bat upon either II1de yard and the tronta thereot
tac. a court (l.e., in a double row "std. to side" aerie.), each slde
yard shall haye a wld"th of' not le.8 than s.yen teet and the court shall
bay. a wldth of" not lesl than twon~ teet.
10 building shall be so located. on the lot that the rear thereot abuts
on any street l1ne.
In no o&s. shall any bul1din~ of the group be oloser to any other build-
ing ot th. group than a distance of ten te.t4
Each lot upoil which a dwelling group ls GfNlatructed shall hay. a rear
yard of' a depth ot not less than ~! t..t, provided, how..,..r, that there
l1l&Y be deducted trom suoh wldth aportlon or 'the width or a.ny public
street, alley or park upon which such ~r yard abuts to an extent not
exc..ding one-halt (t) the wIdth th.reof and not exceeding five teet..
(A)
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(B)
(0)
SECTION 7. REGULATIONS FOR "Clt DG;T1UCTS
The following regulations shall a.pply in all "C" districts and shall be 8ubjeot
to the proY1sions or Section 12 ot this ordinanc.:
Ca) Use. Perm1ttedl
l. All uses permitted in "A" and lI~1t district..
2. All u.es not otherwi.. proh1blted by law except the following: automobile
ass.mbly, b&kery employing more than tlve peraons, bottling works (except
in connection with a oreamery). building materials yard, chemical labora-
tory, olothlng manutaoture, contractor' 8 yard, cooperage works, cosmetics
ma.nutacture. dairy or small l1YEuttock tarmIng or any other agrioultural
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use exce.Jt cro.;? and 'tree ftl.rmin...;;. draying 'terminal. feed manufacture, fruit
canning or packing, furniture manufacture, junk yard, lu.luber yard,
macaroni manufacture, nnmlfacture of shoes, paint mixing, pOl.ll try or rabbit
raising or elaughter or live storage, atone cutting or polishing except
as an accessory to l jeweler's Shop, atorage elen.tor. truck storage yard,
warehouse and all uses specified in this ordinance a8 requ1rlng use permits
in ffD" districts. provided, ho~wever. that none of the tol1~{1ng uses shall
be p'Jrmit'ted in any lie" d.lstriot unless and until a use pernl1t, as provid.d
in Section 16 of this ordinance, ahall first haye beenaecured for each
case of' any such use: animttl hospital, carpet cleaning e stabllshraent,
dyeing: and cleaning Elstabliohm.ent, ice lllAlll....racturing plant of m.ore than.
fifteen tons oapacity, machine shop, or welding shop.
J. The use of power driven machinery incidental and accessory to any ot the
uses permitted in "e II districts.
(b) ~rds }teJlu ir&~:
i one excEl pt:
1. Every building or portion thereof which is desl~ned, intended and/or used
for any purpose permitted in lB', districts or for ~ny aut~~obl1e court
shall comply with the provisions of this ordinance as to l~ear yards and.
side yards which are requireJ in nB" districts; provided, that when the
ground floor or a~ BUell. build iug is used tor any commerclal purpose. no
side yard shall be required adjacent to a street line, except as herein-
after in this seotlon provided.
2. There shall be a side yard alor-0 the s1de of every lot in a "0. district
which side 1s bordering on property in any residential district, which
side yard shall be 01' Ii\. .rldth not lees tha.n the width of a side yard as
req,uired in liB" d1atrlcts. There shall be a rear yard on the rear ot
every lot in a .Off district which rear 18 bordering on property in any
residential district, which yard ehall be of a depth .qual to not le8a
than ~vice the width 01' a side yard as required in PoSB districts.
3. No building shall hereafter be erected, nor shall any use of land be con-
ducted except the use ot land tor agrlcu.ltural purposes, so that the sam.
will be closer to the right ot way line or any street than any official
plan line or any future width line or any building line which is estab-
lished for such street by any ordinance of the City.
(c) Other Re~ulatlons;
1. It a DC" district occupies both sides of a street \vhleh is intersected or inter-
cepted by a street the line of which is the boundary bebveen such ~C" district and
an adjaoent residential district, and such "en district does not occupy an entire
block tacing such intersecting or intercepting street, then, except upon the secur-
ing or a use permit, as provided in Section 16 ot this ordinance, no use which is
not permitted in any residential district shall hereafter be established in such
block in such "011 district in such manner as to front such intersecting or inter-
cepting boundary street, but, except upon the securing of a use permit, as aforesaid,
any such use shall front only on the street which is intersected or intercepted. by
such boundary street.
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SECTION 8. REGULATIONS FOR hOlt DISTRICTS
The following regulations shall apply 1n all"D" districts and shall be subject to
the provisions of Seotlon 12 ot this ordinance:
(a) Uses Permitted:
All uses not o.thel'wise prohibited by law; provided. h.owever. that none of' the fol-
lowing uses shall be established in any flD" district unless and until a use perm1-t
in _cll. su.ch 08.se, as provided in Section 16 or this ordinance, shall first bave
been secured for such use; be.g cleaning; blast furnaoe; boil er or tank works;
candle factory; oommercial excavating ot building or construotlon materials, central
mixing plant for cement, lJlOrtar, pla.ster or paving m.ateri<ds; coke oven; curing.
tanning or storage of raw hides or skins; dairy or any other a.grioultural use exoept
crop and tree farming and amall liveatook tarming; distillation ot bone_, 008.1 or
wood; distillation of tar; drilling for 011. gas or other hydrocarbon substances;
dumping, disposal, incineration or reduction of garbage, .e1tage, ottal, dead
animal* or refuse; tat rendering; forge plant; toundry or metal fabrication plan'C,
hog tam; junk yard or the baling ot rags or junk, exeep-t when. conduoted. entirely
within a building completely enclosed on all sides or when entirely enolosed within
a fence approved by the Planning Oommission; L1Etnutacture of: aoetylene; acid;
alcoholic beverages; ammonia; blea.ohing powder, ohlorin. chemicals, soda or soda
compounds; brick, pottery, terra cotta or tile (except handcrat't products only);
candles; celluloid or pyroxylin (or treatment of same); oement, gypsum, lime or
p1as1;81" of pariB; chewing tobacco (or treatment of 8a1118); disinfectants; dyestuft8;
emery cloth or sandpaper; explosives, flreworka or gunpowder (or storage ot same) J
exterminators or inseot poisons; fertilizer; glass. glue. size or gelatin; grease,
lard or tallO-ii (manufactured or rerined from or of animal tat); illuminating or
heatlng gas (or storage of same); lamp black; matches; linoleum, oilcloth or oiled
products; linsaed oil, paint, 011. Shellac, turpentine or varnish (except lllixing);
paper or pulp; piCkles, sauerkraut or vinegar; potash products; rubher or gutta
porcha produots (or treatment of same); shoddy; shoe polish; soa.p (other than
liqu1d soap); staroh, glucose or dextrin; stove polish; ta.r rooting or waterproofing;
or other tar products; yeast; pumping. refining or wholesale storage ot crude
petrolel1'lll; sla.ughtering of animals (except poultry and rabbl-ts); smelting of copper,
iron, tin, zlno or other ores; steam power pl~nt; stock: yard; stone mill or quarry;
suga.r refining; wool pulling or sceuring; and all other us.. which, in the opinion
of the Planning Commission, are s1Jnllarly objectionable by reason of odor, dus'\;,
smoke, gas, noise or vibration, or would impose h.azard to IH'. or property in the
neighborhood.
(b) Yards Required:
Same as speoifio-,- 1'01' liCit districts.
SEOTION ~. REGUI.ATIONS FOR "E" DISTRICTS
The tollowing regulations shall apply in all \lEft districts and shall be subject to
the provisions of Section 12 or this ordinance:
(a) Uses Permitted:
1. All USeS permitted in flAil districts, without regard to securing a use permit
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for any Buch use.
2. Small llyestook farming.
3. Any other agricultural use upon the securing of a use perm1"t as provided
in Seotion 16 of this ordinanoe.
4. Sale ot any 01" the produots of any of the atorementloned permitted us..
upon the premises upon which such products are produced; prOYided, that
no building 8hall be oonstructed primarily tor suoh sale except upon the
aecur ing ot a use permit, as provided in Seotion 16 of th1s ordlna.nce.
5. Keeping of such hor.es and mule. a. may be necessary to the conducting at
any of' the use. herein permI'tted.
6. Accessor.y buildings and acoessory uses, Inoludlng any number ot buildings
for tarm help.
(b) BuIldi~ Site Area Required:
Same as speelt1<<l tor "All d1.tricta.
( 0) Front ~ S ide and Rear Iuds Reql.l1red:
Same as specified for "A" distriota.
(d) Looation of Accessory Bundi~8:
No livestock or a~ building used in connection with the salJ.f) shall be located or
maintaIned on any lot closer than forty teet to theatree'" upon which the 101; faces
or closer than twenty feet to any dwelling on the same lot or on the tront half ot
any contiguous lot. Otherwise, any accesaory build ing used in conn.c1;ion wI'th any
liYestock u:se permlt'ted in the dl8'trict may oocupY any portion 01' any re&r yard
or of any aide yard along the rear half of the lot upon which located, exoept ot
any s ide yard adjacent to any street.
SECTION lO. FUTURE WIDTH LnTES
The tollowlng speolf1ed tuture width lines are hereby established for the tollow-
ing streets and highways:
1. First Street and Bodtlsh Mill Road: Forty-three teet trom the center lIne
thereof on each s ide thereof.
2. Old Gilroy Road: Forty-three teet trom the center line thereat on ea.oh
side thereot.
SECTION 11. BUILDING LINES
The following sp8cltied building lines are hereby established, such building lines
being located in each CaN exterior to the right of way of the specitled street
or hlghway and, unless otherw1se specified, measured trOll. the exterior line of such
right ot way on eaoh side thereot: (To oe 6st&bl1ahed by subsequent amendment, if
desired.)
SEOTION 12. GENERAL PROVISIONS AND EXCEPTIONS
The regulations specltled in this ordinance shall be aubjeot to the following 1nter-
pre'ta:tions and exceptions:
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(a) !L!!.:
l. The fol1owin~ accessory uses in addition to those hereinbetore apecltled. shall
be permitted in any rel1dent1al distrlct, provIded that suoh ..coes.ory u.e. do not
a1 tel' the character ot the premises in resp80t to their use tor the purposes per-
mitted in such respeot1Ye d1atrict:
(A) The renting of rooms and/or the prOYidlng ot table board in a dwelling ...
an incidental use to that of its occupa.noy as a dwelling ot the character
permitted in the reSpective district, but not to the extent of constituting
a. hotel a.. detined in this ordinanoe, IUlle.. permitted in the district.
(B) The operation 01' n.c.....ry f'ac1l1tl.. and equipment inconnoctlon with any
publio pilrk or playground or a~ institutional use permitted 1n the re-
spective district.
2. On a lot in any IA" or ItD" district there rray be kept not to exceed. twelye towl
other than roosters, quacking ducks, geese, guinea towl or peatowl and there may
be kept not to exceed. twelve rabbits or gulnea pigs; proYided that no such 11ve-
stook: shall be ma.1nta 1n.d 0108er than torty teet 1;0 any dwelling ,exlst ing or
hereafter ereoted and proY1ded. further, that any such llvestook shall be kept 1n
bul1dings or structures subject to the approval of the,C1ty H.alth otticer.
3. Outdoor advertiSing signs and outdoor advertising structures (referred to in
, this sub-Hction as .signs") 1n addition to those otherwise pecrmitted in this
,j' i.. ordina.nce shall be permitted in the tollowing case. and under the tallowing condi-
tions:
(A)
(B)
SIgns not exceed 1ng eight square teet in area pertaining only to the sale t
rental or lea.. ot the premise. upon whlch d1splayed.
The following signs upon the securing 01' a use permit, as prOYid.d in
Seotion 16 or this ordinance, tor eaoh such Signl
I.. Slgns displaying the na.m.e only ot the property or premises upon
which displayed or ot the owner or lessee thereat.
II. S ign8 adYertla1ng the sale of a subdivision and located thereon.
III. Directional and intormational signs ot a public or quasi-public
nature.
4. Nothing in this ordinance shall be deeu\I!ld to prohiblt the excs.yating of natural
ma.ter1a.ls tor the construction ot a building perndtted 1n the district in whioh
the same 18 to be located, whioh building 1s to be construoted. on the 8a.lllB lot
from whioh such material is exce.ya1;ed. and no use permit shall be required tor such
excavating.
(b) Yards
1. The certain architeotural teatures hereinatter enumerated shall not be considered
in measuring the depth 01' a tront yard as hereinberore provided, to-wit:
(A) Cornice., canopies, eaves. or any other architectural teaturea may extend
beyond said tront wall a. distance not exoeeding two teet, six inches.
(a) Fire escapes may extend beyond said front wall a. distance not exceeding
four feet, six inches.
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(0) A landing plaoe or uncovered porch may ex'tetd beyond said front ...11 to a
distance not exoeel Lng au teet, proyided that 8uoh landing plaoe or porch
shall haye its floor no higher than the entrance floor ot the building.
A railing no higher than three teet may be placed around. such landing pla.ce.
In no ease, however, shall any such landing place or porch extend beyond
any offioial plan l1ne whloh has been established for any street or beyond
any future width line which is established theretoI' by the provisiona of
this ordinance.
(D) The above enumerated architectural features may also extend into any aide
or rear yard the same distance that they are permitted to extend beyond
any front ...11, except that no porch, terrace or outslde stairway shall
project more than three teet into any side yard and then, 1n the case of an
outside stairway, only if the same 18 unrooted and unenclosed above and
below the steps thereof.
2. Ordinary front yard and ta.rm rences, sprinkling systems and such irrigation
systems and their ap];l1rtenancea as do not extend above the surface of the ground
:nay be extended beyond aDf official plan line or future wldth line.
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3. In any residential district where twenty-five pol' cent or more of the lots in
any blook, exclusiTe ot the frontage _long the side ot a. oorner lot, has been
imprOYed with buildings at the time of the pasl&geot this ordinance, and the
front yarda on such 109 .,...ry in depth to an extent not grea'ter th6ln lIix feet,
then the required front yard depth for such dlstrlct shall be disregarded in such
block and in lieu thereof 'the front yard required on each lot in 8\lOh blook shall
be of a depth not lea. than the aYerage depth ot the tront yards on the lots on
which are loaated such existing buildings. to a max1mwa of' torty feet. In no.
ca.., how..r, shall any bullding be erected oloaer to any street line than any
oft101al plan line whioh may have been establ1shed for auoh street or than any
tuture width line designated therefor by the proYis1ons ot thiaordina.rice.
4. When any interior lot in any "AIl dlatr10t is adjacent to any lot in any other
distriot, the depth required for the front yard on such interior lot may be
reduced to not less than the avera.ge of such required depth and the width or depth
o.f yard requir~ on said lot in such other district which yard is adjacent to the
street upon which aid interior lat f'a.o.s.
S. When any interior lot in any liB" d18trlct 11 a.djacent to. any lot in a.ny "Olf or
"!)II district, the front yard requirement for such Interior lot may be disregarded
and in lieu thereot tha.t portlon at any building on that portion at the width
of suoh interior lat not exceeding one-halt' thereof,- and not exceeding twenty-tlye
teet, which portion of the width ot such Inter10r lot 18 next adjaoent to such lot
in such .C. or ltD- district, may be built to. the street line, and the line ot the
bu1lding for the rema.lnder of such bu1lding shall be not nearer to said street
line than a distanoe equal to suoh required depth of front yard.
6. In determ1ning the depth of rear yard tor any building, but not for any dwelling
group. where such rear yard opens into. an alley, one-ha.lf the width of such aUey,
but not exceedIng ten teet, 'i'!'Ay b. considered as a porticn of suoh rear ya.rd; pro-
vided, however. that this provision shall not b. so. applied as to. reduce the depth
ot any rear yard to. lea8 than ten feet; and provided, turther, that in no. case
shall the daor ot any bu1lding or improvement, except a fence, which door opens
into. any alley, be ereoted, constructed or established closer to the center at su;oh
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allay than a distance ot tlfteen teet.
7. In oase an accessory building is attached to the },l:4in building, it shall be made
struotllral1y l!l. ;:art thereof. and shall comply in all respects with the requirements
of this ordinance a.pplicable to the "ain building. An accessory bl:dlding, unl..s
attached to and made fl, ;;art ot the main building as above provided for, shall not
be closer than tlv. teet to the main building, except as othervlTise provided in
this section.
I
8. A detached acces80ry building of not over one story and not exoeed.ln& twelve
teet in height may occupy not to exceed thirty per ,cent of the area of any rear
yard. Any such acoes80ry building may have not to exceed one additional story
used tor apart.ments, proYlded that:
(A) Such addi tlonal story, herein construed to be a dwelling, shall not be
permitted unless the same is perm.ltt~ under ~he regulations herein-
before in this ordinance specified for the district in whioh suoh
accessory building is loeated, except that a.lW such additional story
in any "Aft or "E" district may be used for sleeping purposes when no
rent, either direct or indirect, is paid for suoh use, or tor sleeping
purposes by senants, including the tamily of the aa.me, which are
el1.1ployed on the same lot, provided that no oook1ng facilities shall be
installed in auCh additional story in any "AU distriot.
(B) No exterior. wall of such additional story. shall be nearer to any lot
line than a dbtanoc oqual to the width ot. a side yard required on the
same lot.
(0) }!o exterior wall of such additional story shall be nearer than t en feet
to any ~ln building on the same lot.
9. Detached acc..aory buildings In residential districts shall conform to the
following additional regulations as to their locations upon the lot:
(A) In the case of an interior lot abuttin& upon one street, no acc8s80ry
building shall be erected or altered so as to encroach upon the front
halt ot the lot.
(B) In the ca8e of an interior lot abutting upon two or more streets, no
acceasory building shall be erected or altered so a8 to encroach upon
the one-quarter of the lot nearest either street.
(C) In the case at a corner lot abutting upon W streets. no accessory
building shall be erected or altered so as to encroach upon the a.rea
between sl.\Oh respective streets and lines drawn parallel to such
streets, respeotively, in such a manner that each of such line. divides
the lot into two eq,ual areas; provided that on a corner lot adjacent to
a key lot no acoe..ory building shall be located nearer to the street
line of the street upon which such key lot taoo. than a distance equal
to the depth of front yard required on said key lot.
(D) In the case of a corner lot abutting on lllore than tyro streets, no
detached accessory building shall be erected or altered so as to be
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nea.rer to any street line than one-tourth the width or length ot the lot.
(E) No detaohed acoessory building shall be within tive teet ot the side line
of' the tront. halt of any ad.jacent lot.
(F) Notwithstanding any requirements in this section, the f'oregoing rules shall
not require any detached accessory building to be more than seventy-flye
feet trom any street line bounding the lot, and shall not require that that
line 01' any such aoeesaary building which tace. toward any street and 18
nearest thereto shall be nearer to the lot 11ne opposlte such .treat line
than a distance of twenty teet.
(c) Interpretation ot Ordinance
In interpreting and applying the provisions ot this ordinance, th.$y shall be held to
be the m1nimu,1l requirements adopted for the promotion of the pu.bl1o health, safety,
comtort, conYen1ence and general welfare. Except as 8lJ6cltica.lly herein provided,
it is not intended by this ordinance to repeal, abroga:te, annul or in any wa.y t.o
Im"[l8.1r or interf.re with any existing provision of law or ordinance, or any rule,
regulation or permit previously adopted or issued, or wh1ch shall be adopted or
issued purs\1ant to law relating to the use ot buildings or premises, or relating to
the erectton, construotion, establis~~ent, moving. alteration or enlargement ot any
bu.1lding or improvement; nor is it intended by this ordinance to intertere vilth or
a.brogate or annul a.ny ea.sement, covenant or other a6reaJilent between parties; provided,
however, that in oases in which this ordinance imposes a sreater restriction upon
the erection. construotion, establiswnent. moving, alteration or enlargeroont of
buildings or tne use of' a~ such buildings or premises in said seyeral dlstriots or
any ot them, tha.n 18 imposed or required. by 8uchex1sting provisions of' law or
ordinance, or by sucn rules, regulations or permits, or by such ea.sa~ents, oovenants
or agreemant8, then in such case the provisions of this ordinance shall oontrol.
SECTIOI 13. HON-DONFORMING USES
Except as otherwise prOYided 1n this section, the le-vyiul u.se ot land existing at
the time ot the adoption of this ordinance, although such use does not conf'orm to
the regulations speolfled by this ordinance for the d 18tr1ct 1n which such land is
loca."tedt JlItl.y be oontinued; provided, howeyer, that no such non-conforming use ellall
be enlarged or increased, nor shall any such non-oonform1ng use be extended to
oocupy a greater area at land than that occupied by such use at the time of the
adoption ot this ordinance; provided, further, that if any such non-conforming use
ceases, any subsequent use of such land shall be in conformity to the regulations
spec1fied by this ordinanoe for the district in which such land is located.
Except a8 otherwise provided in this section, the lawful usa of a building existing
at the time of' the a.doption of' this ordinance may be continued, although such
use does not oonf'orm to the regulations specitied by this ordinance for the dis-
trict 1n which suoh building is located. Any such use may be extended throughQut
the building provided no structural a.1 terations except those required. by law or
ordinance are made therein. If' no structural alterations are made, the non-conform-
ing use of' a building may be ohanged to another non-conforming use, whioh, in the
opinion or the Planning Commission, 18 of the same or of' a more restr ieted ne. ture.
If a non-conforming nse '1ereunder oeaaes tor a. continuous period of' not less than
one (1) year t any future 1.L96 of' said building shall be in conformity to the regula-
tions speolt1ed by this ordinance for the district in which such bullding is located.
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No existing building des1~ned t arranged or intended for or deyoted to a use not
permitted under the rej&ulatlons specified by this ordinance tor tho district in
which such "building or pre!nisas is located shall be enlarged, extended, recon-
struoted. or structurally a1 terfJd unless such use is changed to a. use permitted
under the reg;111atlonG specified by this ordinance for 8uch district in which
said buUding 1s located; provided, ho....'ever, that work done in any period of
twelve (12) months on ordinary structural alterations or replaceillents of v~118,
fixtures or plumbing not exoeeding twenty-five (25) per cent of the building'.
assessed ya1ue according to the asaesement thereof by the A.seuor of the C 1ty for
the thoal year in vmich such work 1s done sw.l1 be permitted, provided that the
cubical contents of the buHding as it existed at the t.ime of the l14ssa.ge of this
ordinance be not increased.
If at any time any building in existenoe or maintained at the t.ima ot the a.doption
of this ordinance, which does not Conform to the regulations for the diBtric't. 1n
whioh it is 1000.too, shall be destroyed by fire, explosion, Act of God or act of
the public enemy to the extent or more than seventy-rive (75) per cent of the
e.saeased value thereot accordin.g to the assessment thereof by the said Assessor for
the t1aoal foal' during whloh such destruotion occurs, then without further action
by the City Counoil the said building and the land on which saId building was
located or maintained shall from and after the date of said destruction be su.bject
to all the regulations sreclfied by this ordinu.nce tor the district in which such
la.nd and building are located.
Nothing contained in this ordinance ahall be deen'loo. to rec.;.ulre any ohange in the
plans, construction or designated Llse of any building upon which El.ctual construo-
tion was lawfully begun prior to the adoption of this ordinance and upon which
building actual construction has been diligently carried on~ Actual construction
is hereby defined to be the actual I.lacing of construction lJ.';tterials in their
permanent position tasten~i in a pe~~~nent n~nner; except that where a basement is
being excavated. suoh exoavating shall be deemed to be actual conatruotionj pro-
vided that in all eases actual conatruotlon work shall be diligently carrled on
until the Coml)lation of the building or structure involved.
Regardless of any other provision of this ordinance no junk yard which, after the
adoption of this ordinance, exists as a non-conforming use in ~ distriot, ahall
continue as herein provided tor non-ccnrormlng uses unless such junk yard ahall,
within one year a.tter the same has become e. non-conforming use be completely
enclosed within n building or within a continuous solid fenoe not less than eight
feet in height and in ,-:ny case of such hei&ht as to soreen com.plately all the
operations of such junk yard, of which building or fence the plans shall first have
been approyed by the Planning Cornxn1ss10n. All other provisiona of this section
shall apply to any non-conforming junk yard.
Rega.rdless of any other provision at this ordinance. any use for v.mieh a use permit
1s required or for which a use permit may be granted, as proTlded in this ordinance,
which use is existing at the time of the adoption of this ordinance in any district
in which such use 113 specifioa.lly permitt.ed subject to the securing of a use permit,
shall without t\u'ther action be deemed to be a conforming use in such distriot..
The foregoing provisions shall also apply to non-conforming uses in districts here-
after changed.
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SECTION 14. BU ILD ING PER1lITS
Every application for a building permit shall be acoompanied by a drawing or plat.
in d\4pl1cate, drawn t.o seale, showing the lot. and building site, the proposed
locat.ion ot the building on the lot. accurate d1men.aion. ot the building, the
yarde anl the lot and such other information as may be neoe.aa.ry to enforcement of
thia ordinance. A copy ot such appl1c8:tlon and plat shall be kept in the office
of the City Clerk of the Cit.y and. the duplicate copy shall be kept at the builG.lng
at all times during conatructlon.
In ca.. an application 1s mad.6 for a permit. for any bu1lding, atruoture or other
improvement, other than a one-tamily or a 'two-1'amily dwelling. adjacent to any
State Highway, said application shall be acoompanied by drawings or sketch$a show-
In~ the front, sides and rear eleYa.tlons ot the proposed building, structure or
other improvement, or of the building, atruoture or other 1mprovem.ent as the same
will appear aftar the work for which the permit is sought shall have been completed.
Such drawings or sketches shall be considered by the Planning Co~nis81on in ~n
endeavor to provide that sU.ch blJ.l1dings, struoture. and other iJ.llprOVOI1l0nta shall
be so designed and constructed that they will not be ot unsightly, undesirable or
obnoxious appearance to the extent that they will hinder the orderly and harmonious
deyelopment of the City, L~palr the desirability of residence. investment or occupa-
tion 1n the City as appearing to trayelere JaBBing through or traveling in the City,
limit the opportunity to attain the optimum use and value of land and improve::rlonts,
impair the desirability of living conditions in the 88.me or a.djaCent agricultural
or residential arEtas, e.ml/or otherwise adversely affect the general proaperity' and
welfare. To this end. the Planning Commission shall suggest any ohanges in the plans
of such proposed build ings. structures and other 1m.proyeJoonts as it ma~' deem to be
necessary to accomplish the purposes o~ this seotlon, ancl shall not approve any
suoh plans l<ntH it 113 sati8f1ed th9.t such purposes will be accOIaplishod thereby.
In case the ~.ppl1cant is not satief'ied w'ith the action of the Planning OO:U&;Ciission,
he may. within thirty (.30) days a:f'ter such action, appeal in writing to the City
Council. Said City Counoil shall hold a hearing on said appeal and shall render
its deCision thereon 'I\tlthin thirty (30) day. after the filing thereot. No permit,
as provided hereIn, shall be issued unless the plans filed with the applioation
theretoI' a.8 required in this section shall first have been approved. by the Planning
Commission or by the C 1ty Council. Upon such apprOYal the Planning Cowiasion shall
issue such per.ndt, provided all other prOYisions ot law have been cOIllplied with.
Every drawing or $ketch filed under the proviSions ot tb.iB aeetion shall beoome a
part of the permanent reoords of the Planning CommiSSion.
S~CTION 15. At'Jus Ti:JENTS . VARIANCES AYJLAPPEALS
The Planning Commission, subject to tho approval and oontirmation of' the City
Council in each case, as hereinatter proYlded, shall haye power to grant adjust-
.;lents, varianoas and. exceptions in and. to any ot the provisions of this ordinance
to the extent of the following and no further:
1. To vary or modify the strict application of any of the regulations or pro-
visions contained in this ordinance in cases in which there are practical
dlrficult1es or unnecessary hardships in the way of such strict application.
2. To purmlt tho extension of fl. district where the boundary l1ne thereat
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diYides a lot in one ownership a.t the time of the passage of tllt. ordinance.
Application tor any adjustment or variance l'erm.iss1ble u..'1d.er the provisions of this
s.ot10n shall be made to the Planning Commission in the form at a written applica-
tion for a building perm.it or for a permit to lese the property or prem.ises as set
forth in said application. Upon receipt of any such application by the otf1oer or
employee of the Plannln~ Commission designated in the rules of the Corami.sion for
such purpose. such otticer or employee shall set a t~na and place tor a public
hearing betore the Planning Com.m.1ss10n on suoh ap'pllcation. Suc.'1. 01'1'1061' or
employee shall cause publio notice of such public hea.ring to be 6iven by causing
one notice thereof to be published in a newspaper of ganer~l circulation in the
City at least ten (10) days betore the date of said hearing. At said hearing the
applicant shall pr&sent a statem.ent and adequate evidence, in such torm as the
PlanninG Commission may reqllire, showin&l
1. That there are speoial circ~~s~ncos or oonditions ~pplicable to the land,
building or use referred to in the application.
2. That the granting of the application is necessary for tl~ preservation and
enjoyment ot substantia.l property rights.
3- That the granting of such application 1;...111 not materially affect adversely
the health or safety of l)Eirsons residing or working in the neighborhood. or
the property of the applicant and will not be materially detrimental to the
public welrare or injurious to property or im;:)rOve,i1.Emts in said neighborhood.
The Oommission shall thereupon JlIl.ke ita daoision upon the said application and shall
report suoh decls10n to the City Cou.ncll within forty-five (4.5) d.e.ys after the
fillng of the application.
In granting any adjustment or varlanee under the provisions ot this aectioD, the
Planning Commission shall designate such conditions in connection therewith as w111,
in its opinion. seoure sl.~beta.ntially the objectives of the re~ulatlon or proY1s1on
to which such adjustment or variance 11 granted, as to 116ht. all', and t.."lte public
heal th. safety. comfort, conven ienoe and general welfare. No pernli t shall be iuued
under the provisions of this sectIon unless ~nd until a decision of the PlaruLing
CommiSSion, as a.foresaid, approYlnL; the same, 1s approved a.nd confirmed by the City
Council. In roport1ng its decISion to the City Council, the Planning Oommission
shall report Its findings with respeot thereto and all faots in connection thor.-
wi th, and shall spec1tiea.lly and tully set forth any adjuatluent or va.ria.nce granted
and the conditions designated. Upon receipt of such report, 1t .the decision at
the Planning Oommission approved the granting ot'the application, the City Council
8i the I' shall. by resolution, a.ppr0V'8 and confirm _id decision, whereupon the
permit as applied for may tasu.s: or shall refuse to approve and confirm such
decision. In all Cales in which a.d.justuumts or variances are Granted under the pro-
visions of this seotion, the Planning Co~aission shall require sueh evidence ~ld
guarantees as it may deem to be necessary that the conditions desig;nated in cor..."<1ec-
tion therewith are being and will be complied. with.
The Planning Cormn1aslon shall have pawer to decide any question involving the inter-
pretation of any provision of this ordinance"
Any person who 1s dissatisfied with any decision or ruling ot the Plannlr.g OO;m4iS8ion
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may, within thirty (30) days atter the da'te or such decision or ruling, appeal
therefrom 1n writing to the City Council, who shall have power 'to oyer-rule such
decis10n or ruling by 8. tour-tltths vote of all the mem.bers ot said City Council.
SECTION 16. USE PEallITS
Un perm.its may be 1...ued tor any ot the tollowing;
l. A:J1f ot tM use. or purpo... tor which suoh penults are required or permitted by
the proYisions or this ordinanee.
2. Public utility or publlc .."ioe use. or publlo buildings in any dlstrio't when
round to be nee.....ry for the publle h_lth, .a.tet)', cony.nleno. or welfare.
3. COJIlmerc1a.l exoayatlng ot natural materla.18 used tor building or construction
purpo..., in any d1atrlot.
4. '1'0 cla.sltyas a conforming u.. any instl'tutlonal use existing in any district
at the time ot the establishment 01' such district.
5. '1'0 permit the loeation ot any ot the tollowing uses in a distrlot trom whioh
they are excluded by the provisions of this ordinanoe; a.irport, library, oommunity
center, ohuroh, hospital, any institution ot an educational, philanthropic or
charitable nature, ce.tery, orematory, l-.uBoleum or any other place tor the dis-
posal ot the huJl~n dead.
Such u.e permit. shall be issued under the same procedure as that speoitied in
Seotion 15 01' this ordinance tor the grantlng ot adjustments or variances, exoept
tha t ,
1. No publio hearing need be held thereon; provided, that the Planning Commission
may hold such hearinge ther -on as it may deem to be neoesaarYi and. provided,
turther. that.. publio hearing shall be held on any applloation tor a use permit
for the establishment ot any use listed in the preceding piragraph numbered .S"
ot 'this seotion.
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2. The tindlngs of the Planning Comm.1as1on, except a8 ot.herwlse provided in this
seotion, need include only that the establishment, maintenance and/or conducting
or the use tor which a u.ae permit 18 sought w111 not, under the clroWl\atances of
the particular case, be detrimental to the health, aatety, lllO~l8, oomfort, con-
venience, or welfare of' persons residing or working in the neighborhood ot such
use and will not, under the circumstances ot the particular .... be detrimen'tal
to 'the public welfare of' 1DjurloU8 to property or 1m.proyements in ea.id neighborhood.
3. Any proMcIlJi1ngs to ola...lty certain uses as oontorm1ng use., as proYlded in this
seotion, may be 1nitiated. by the Oity Council or by the Planning CommiSSion, or by
petition aa herelnbetore proYided.
All other provisions ot aidSeotion 16: including the designAtion by the Planning
Ooul,slon of any oonditions upon which the use permit may be issued and guarantees
that auem oondit1ona wl11 be oomplied with, shall apply to the granting of a U8e
permit.
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Any use permitted UDier the 'terms ot any use perm.it shall be established and ocm-
ducted. 1n conformi'ty to 'tho 'terms at suoh use permi't and. of any oonditions desig-
nated in eonneotion therewith.
SECTION 11. ~MENTS
This ordinance _1' be araended by changing the boundaries of distriot8 or by ohang-
ing any oth.r provision hereof wheMyer 'the public neces.ity -.ad con....ni.ne. and
the general welfar. require such amendment, by tollowing 'the procedure speel tied
in this section. Said amendment may be initiated by:
(a) The verlf1ed petition 01' one or more owners 01' property attected by the proposed
amendmen't, whioh petition ahall be tiled with the Planning Comm1s81on and ahall be
acoompa.nied 'by a tee of Twenty-tive Dollars, no part 01' which shall be returnable
to the petltloner; or by
(b) Resolution of 1ntention ot the City Council; or by
(c) Resolution at intention of the Planning CommissIon.
The Planning CommisSion, not later than at its next suoceeding meeting following
'the fiUng of such yer1fted. petition or tollowbg the adoption of such resolution
of intention, shall set the t1rlle8 aro. plaoea tor such public hearings thereon a.
may be required by law, and shall gift such notice at suoh hearings as may be
required by law. Such not1ce 8hall inolude notioe of the proposed amendment. In
ca.. the proposed amendment condsts of a change ot the boundari.. ot any d1atrlct
so as to reclassify property from any distriot to any other dl.trlot, the Planning
Commission .hall give additional notice of the time and. pl~oe at such hearlnga and
ot the purpoH thereof by:
1. Posting publio notices thereof' not less than ten days prior to tho date of' the
tirst ot such hearings along each. and ..,.ery street upon which the property pro-
posed to be reclassified abuts. Such notioes shall be placed not more than three
hundred feet apart and such posting shall extend along said street or streets a
dlatance of' not les8 than thrM hundred teet from the exterior limits ot such
propert1e. as are proposed tor reolassiflcation. Each auoh !lotloesball conditt
or the words -Notioe of' proposed zoning changelt prlnt;ed 1n plain type with le'ttera
not less than one (l) inch 1n height. and in addition thereto a statement in small
type setting forth a general description ot the property 1nyolved 1n the proposed
change ot distriot, the times and plaoe. at which public hearings on the propo..d
change wUl be held and any other infornBtion which the Planning Commission my
deem to be necosaa.ry; and by
2. MaU1nr. a poata.l card notice not le.. than ten daya pr10r to the date of the first
of such hearingS to the owners ot all property within the posting aroe. above defined,
using for this purpose the last known name and address ot such ownera as shown on
the recorda of the As.essor of the City.
No imperteotion. or irregula.rity in any of said notices shall invalidate any proceed-
ings for amendment of' this ordinanoe.
Following the aforesaid hearings the Planning Commi8sion shall make a report ot
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ita findings and reoomm.endationa with reapeot to the proposed a.mendment and shall
tne with the (Hty Council an attested copy ot al1ch report within ninety (90) days
after the date ot the meeting at which aid Commisslon set the times and places
for said bearings. Failure ot the Planning Commission 80 to Nport within 8ald
ninety (90) days shall be doemed to be approval of the propOsed amendment by aaid
Pla.nning Comm.1aslon.
Upon reoeipt ot such report trom the Planning Commi..ion, or upon the expiration
of such ninety (90) daya as a1'oresald, the City Oouncil shall set the matter tor
public hearing atter notice thereof and of the proposed amendment, giYen aa pro-
vided by law. After the conolue1on ot such hear1ng the C 1ty Oouncil nay adopt
the amendment or any part thereof set torth in the petition or In the resolution
ot intention in suoh torm al said Oity Council may deem to be adYlsa.ble.
The decision ot the Oay Counoll shall be rendered within sixty (60) days after
tho reoelpt ot a report and recommendations trOnl the Planning Connnlsaion or
after the expiration ot such nlnety (90) days, aa aforesaid.
Upon the oon88nt of the Planning Commission any petition for an amendment may be
withdrawn upon the written application ot a majority ot all the persona who signed
such petition. The City Council or the Planning Commisslon, as the ease may be,
may by resolution, abandon any proceedings tor an amendment initiated by ita own
resolution ot intention, provided that such abandonment rray be made only when sl1ch
proceedings are ~tore such body for oons1deration and provided that any hearing
of which public notice has been giYO aha.ll be held.
SECTION 18. FORM OF PETIT IONS, APPLICATIONS AND APPEAlS
The Planning Commission shall in its rules prescrlbe the form and soope ot all
petitions and applicationa prOYided tor in this ordinanoe and ot accompanying
data to be furnished 80 8.S to assure the fullest practicable presentation ot
facta for proper oonsideration ot the matter invo1Yed ineaoh oase and tor a per-
manent record. Any petition for an adjustment or varianoe a8 provided in Section
IS of' this ordinance, or tor a use permit a8 provided in Section 16 of this ord-
inance, or for an amendment as provided in Section 17 ot this ordinance shall
1nclude a verification by at least one ot the petitioners, attesting to the truth
and oorreotnes8 or all 1'a.ct. and map. presented with said petition.
SECT ION 19. ENFORCEWi:NT. LEGAL PROCEDURE, PEl.ALT XES
All deplrtlllOn's, otfiolals and public employoes of the City which are vested with
the duty' or authorl'ty to issue permits or license. shall conform to the provisions
of this ordinance and shall issue no such permit or license for uses. buildings,
or purpose. where the same would be in confliot with the provisions of this
ordinance and any such permit or license, if issued in contlict with tho prOYlsions
ot this ordinance, shall be null and yoid. It shall be the duty ot the City
Marsha.ll of the City to enforce the proYls1ons ot this ordinance pertaining to the
ereotion, oQnstruction, reoonstructlon, mOY1ng, conversion, alteration or addition
to any building or structure.
Any person, firm or corporation. whether ..I principal, agent, employee or other-
wi_, yiolatlng any ot the prOYis1ona of this ordinance 8ha.11 be guilty of a
misdemeanor, and upon Conviction thereot shall be punishable by a tine ot not more
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than '1!tR:ee !~~rod (366) Dollars or by ImprisoIllirI).t f:;1n ~ iouhty Jail of the Ctt.y
Q\I,;\tIty of' kRt&: ~.ra tor e. term not exceeding I'~ X'J U i;hs or by both such .J
tine and imprisonment. Such person, f'irm or corporation shall be deemed to be
gllll ty ot a separate often.e for each and eyery day during any portion of' which
any violation of this ordinance is oommitted. contlUlled or permitted by such
person, firm or corporation, and shall be puni8hable as herein pl"0Y1ded.
Any building or structure set up, erected. constructed. altered. enlarged, con-
verted, moved or maintaIned contrary to the provisions ot this ordinance and/or
any US6 01' any land. building or premises conduoted, operated or maintained con...
'trary to the provisions of' this ordinance shall be and the same is hereby deolared
to be unlawful and a pub1! c nll 1 $anC8 and the CIty Attorney of the City aha 11 ,
upon order of' the Oity Oouncil, imule.Uately eOJlllnence action or procee:i1ngs for
the abatement and removal and. enj01nmen't thereot in the manner provided by law
and shall take such other stepa and shall apply to such court or courts as may
have jurisdiction to ~rant such relief a8 will a.bate and remove suoh building or
structure and restrain and enjoin any person, firm or corporation from setting up,
erootlng, building. maintaining or using any such building or structure or using
a.ny property contra.ry to the proy! sions of this o r.dinance .
The remedies :provided for herein shall be clululative anD. not excluB1ve.
SECTION 20. REPEALING
Q.FEUR8..noe NOe_ sf 'th. Ci'ty, &M~ll ~r ordinanoes and parts or ordinances
ot the Oity in oontlict with this ordinance, to the extent ot sllch confl10t and
no further, are hereby repealed; provided, howeTer, tha.t nothing herein contained
shall be deemed to repee.l or amend a.ny ordinanoe of' the City requiring a. permit or
license or both, to cover any business, trade or occupation.
~CTION 21~ VALIDt'l'Y
If' a.ny section, sub-section, sentence, clause or phrase of' this ordinance 1s for
a.ny reason held by a. court ot competent jurisdiction to be invalid, such decisIon
she.l1 not affect the validity of the remaining portions of thl. ordinance. The
City Counoil hereby declares that it Ylould h.ave pused th1a ordinance and each
section, Bllb-seot1on, sentenoe, clause and phrase thereot, irrespectiye of the
fa.ct that anyone or more seotions, sub-seotions, sentences, clauses or phrases
be declared Invalld.
SECTION 22. REFERENCE
..d. "l'l
This ordinance shall be known and cited R.S the Zoning Ordinance ot the City of
Gilroy.
SECTION 2~.ENACTM8NT
This ordinance shall take effect and be in force from and after 1 ts pa8sage and
a.pproval.e
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.ADOPTED AND Pl~3ED this 20th day of septeillber,A.D.,1937
by the following vote:-
AYES: Councilman George M1l1as,Jr.,J.I1.Rush,Nat Heiner,
George Mason.
NOES: Coune i lman None
ABSENT: Counc llman H. L. W1lk1nsol).
AJl' JOYed:
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Attest:
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