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HomeMy WebLinkAboutORD 113 (1957)d ORDINANCE NO. 113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING SECTION 51 12 AND 15 OF ORDINANCE NO. 71 OF THE CITY OF TUSTIN, AS AMENDED, ENTITLED "AN ORDINANCE.PROVIDING FOR THE ESTABLISHMENT OF ZONES IN THE CITY OF TUSTIN, ADOPTING A MAP SHOWING SAID ZONES, AND A MAP SHOWING BUILDING LINES, DEFINING THE TERMS USED IN THI& ORDINANCE, PROVIDING FOR ITS AD- JUSTMENT, ENFORCEMENT, AND AMENDMENT, PRESCRIBING PENALTIES FOR VIOLATIONS AND REPEALING ANY ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWITH", AND ADDING NEW SECTIONS TO SAID ORDINANCE TO BE NUMBERED 6.5, 9.5 AND 16.,5. The City Council of the City of Tustin, California, does ordain as follows: Section 1. Sub -section A of Section 5 of Ordinance No. 71 of the City of Tustin, as amended, entitled. "An Ordinance Providing for the Establishment of Zones in the City of Tustin, Adopting a Map Showing said Zones., and a Map Showing Building Lines, Defining the Terms Used in this Ordinance, Providing for its Enforcement, and Amendment, Prescribing Penalties for Violations and Repealing any Ordinances or Portions of Ordinances in Conflict Herewith" is hereby amended to read as follows "A. ZONES -- In order to carry out the purpose and provisions of this Ordinance the city is hereby divided into nine (9) zones known as: "E" - Estates Zone. "Rl" - One Family Dwelling Zone. "R2" - Two Family Dwelling Zone. 11R3" -Multiple Dwelling Zone. "A" - Agricultural Zone. "Cllr' - Local Commercial Zone. 110211` - General Business Commercial Zone. "Ml" - Limited Industrial Zone. A "T't - Housetrailer Zone. The zones aforesaid and the boundaries of such zones are shown on a map attached hereto and made a part of this Ordinance, being designated as the "Zoning Map", and said map and all the notations, references and other information shown thereon- shall be as much a part of this Ordinance as if the matters and information set forth by said map were all fully described herein. Any zone hereinabove defined not shown on the "Zoning Map" and not existing within the City of Tustin may be established in the same manner as is provided for changes and amendments in Section 18 of this Ordinance." Section 2. Section 6.5 is hereby added to said Ordinance No. 71, as amended. Said Section is to read as follows; "SECTION .6..5. ESTATES ZONE REGULATIONS.- A. EGULATIONS: A. USES PEFdVIITTED: 1. Farming, including all types of agriculture and horticulture. EXCEPT; a. Commercial dairies. b. Commercial kennels, rabbit, fox, goat and other animal raising farms. c. Egg producing ranches and farms devoted to the hatching, raising, fattening and/or butchering of chickens, pigeons, turkeys and other poultry on a commercial scale. d. Hog and other livestock feeding ranches. e. Ranches operated publicly or privately for the disposal of garbage, sewage, rubbish or offal. 2. Public parks. 3. One family dwellings of. a permanent character placed in permanent locations, including one permanent guest cottage for each building site. 4- Home occupations, offices and studios when conducted within the dwelling by the occupants thereof, provided no advertising sign, merchandise, products or other material or equipment is displayed for advertising purposes. 5. Accessory buildings, structures and uses. 6. One (1) unlighted sign not exceeding six (6) square feet in area pertaining only to the sale,, lease or hire of only the particular building, property or premises upon which displayed, and/or advertising only the sale of agricultural or farming products grown or produced on the M premises. No other advertising sign, structure or device of any character shall be permitted in any "E", Estates Zone. B. BUILDING HEIGHT LIMIT: Except as provided in Sections 15 and 16, the building height limit shall be two (2) stories and not to exceed thirty-five (35) feet. C. BUILDING SITE AREA REQUIRED: Except as provided in Sections 15 and 16.5, the minimum building site area for each one family dwelling shall be ten thousand (10,000) square feet, and the minimum building site width shall be eighty (80) feet. D. FRONT YARD REQUIRED: Except as provided in Sections 15 and 16, no buildings shall be erected closer than sixty (60) feet to the center line of the street or highway upon which the building site fronts. E. SIDE YARD REQUIRED: Except as provided in Sections 15 and 16, each side yard shall be at least ten (10) per cent of the average width of the building site, provided, however, that the maximum side yard required under this provision need not exceed twenty (20) feet. F. REAR YARD REQUIRED: Except as provided in Sections 15 and 16, the depth of the -rear yard shall be at least twenty-five ( 25) feet. Section 3. Section 9.5 is hereby added to said Ordinance No, 71 as amended. Said Section is to read as follows:° "SECTION 9.5 AGRICULTURAL ZONE REGULATIONS:< A. USES PERMITTED: 1. Farming, including all types of agriculture and' horticulture. EXCEPT. a. Hog and commercial livestock feeding ranches. b. Farms operated publicly or privately for the disposal of garbage, sewage, rubbish or offal. 2. Golf, polo, swimming, tennis, yacht and country clubs, but_.not including any other sport, recreation or amusement enterprises operated as a business, or for commercial purposes. 3. Public parks, playgrounds and athletic fields. 4. One and two family dwellings, detached guest cottages and employees quarters, all of a permanent character. 5. Accessory buildings, structures and uses. 6. Home occupations, offices and studios when conducted within the dwelling by occupants thereof, provided not more than one (1) sign unlighted and not exceeding two (2) square feet in area is displayed in connection therewith. 7. One (1) sign unlighted and not exceeding six (6) square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed. Except as otherwise provided no other advertising sign, structure or device of any character shall be permitted in any "A", Agricultural Zone. 8. Temporary stands for the sale of agricultural or farming products grown or produced on the premises shall be permitted as accessory uses, upon the following conditions: a. When stand is to be in place for a period of more than ninety (90) days, plans thereof shall be submitted to and approved by the Planning Commission. b. The floor area of stand does not exceed one hundred (100) square feet. c. The stand is exclusively of wood frame type construction. d. The owner remove such stand at his expense when not in use. e. The stand not to be located closer than twenty (20) feet to any public highway right of way. 9. Apiaries, upon the following conditions: a. No occupied hives be closer than one hundred fifty (150) feet to any street or highway. b. No occupied hives be closer than four hundred (100) feet to any existing dwelling not on the premises or the premises of another apiary, unless the written consent of the owner of such dwelling is secured. C. No occupied hives be closer than fifty (50) feet to any property line common to other property lines other than property lines of another apiary. 10. The following additional uses, subject to the issuance of conditional permits therefor, as provided in Section 16.5 of this Ordinance: a. Public utility building and structures. b. High voltage power transmission lines. c. Cemeteries, mausoleums and crematories. d. Churches, schools, colleges, museums, libraries, veterinary hospitals, clinics, hospitals and sanitariums, commercial stables, packing plants for whole agricultural products. e. Mining or quarrying and other earth -extraction industries. f. Commercial or public airports; and landing fields. g. Airplane landing fields for public use. h. Commercial dairies having herds of more_ than five (5) head. i. Livestock feeding ranches not feeding garbage, refuse or offal. j. Kennels and small animal farms, egg, poultry and squab farms and similar types of farming. k. Any other use which is determined by resolution of the City Council after recommendation by the Planning Commission to be -similar in character and not more detri- mental to the welfare of the neighborhood in which -located than any use listed above. B. BUILDING HEIGHT LIMIT: Two (2) stories and not to exceed thirty-five (35) feet, except as provided in Sections 15 and 16. C. BUILDING SITE AREA REQUIRED: Except as provided in Sections 15 and 16, the minimum building site area shall be seventy-two hundred (71200) square feet. D. FRONT YARD REQUIRED: Except as provided in Section 15 and 16, no,buildings shall be erected closer than fifty (50) feet to the center 2 line of the street or highway upon which the building site fronts. E. SIDE YARD REQUIRED: Except as provided in Sections 15 and 16, each side yard shall be not less than five (5) feet wide. F. REAR YARD REG?UIRED: Except as provided in Sections 15 and 16, the depth of the rear yard shall be not less than twenty-five (25) feet." Section 4- Sub -section A of Section 12 of ,said Ordinance No. 71, as amended, is hereby amended by deleting use number 23, to wit: "Trailer Courts" therefrom. Section 5. Section 12.5 is hereby added to said Ordinance No. 71, as amended. Said Section is to. read as follows: "SECTION 12.5. "T" HOUSETRAILER ZONE REGULATIONS. A. USES PERMITTED: 1. All uses permitted in the "E", "R1", 'tR2", "R3", "Alt and"ClIf Zones 2. Housetrailer or mobile home parks. 3. Uses customarily incident to the above uses and accessory building." Section,6. Section 16.5 is hereby added to said Ordinance No. 71, as amended. Said Section is to read as follows: "SECTION 16.5. CONDITIONAL PERMITS. A. The Planning Commission after public hearing noticed in the manner provided in Section 17 of this Ordinance shall have the power to authorize the issuance of conditional permits by the Building Inspector for speci- fied types of, uses and buildings in the foregoing zones as provided in the use regulations of such zones under conditions which will preserve the integrity and character of the zone, the utility and value of adjacent property and the general welfare of the neighborhood. B. All authorizations to the Blxilding Inspector must be made in writing and can be made only after formal written order finding and determining the facts to comply with the provisions of this Section. C. Conditional Permit Effective - Appeal. No conditional permit granted or authorized by the Commission as provided above shall become effective until after an elapsed period of ten (10) days from the date the written determination and authorization is made, during which time written appeal therefrom may be taken to the Council by,any person aggrieved or affected by any determination by the Commission in connection with any application for conditional permit, or upon the failure of the Commission to make its determination on any application within thirty (30) days from the time such conditional permit is applied for. Such appeal shall be filed in triplicate with the City Clerk and shall state the grounds therefor and wherein the Commission failed to conform to the requirements of this Ordinance. The City Clerk shall forthwith transmit one (1) copy of said appeal to the Building Inspector and the other copies to the Commission. Said appeal stays all proceedings in furtherance of the action appealed from until the determination of the appeal. Upon receipt of the appeal the Commission shall within ten (10) days transmit to the Council the original application and copies.of all other papers constituting the record upon which the action was taken, together with a written report disclosing in what respects the application for conditional permit and facts offered in support thereof met or failed to meet the conditional permit requirements set forth in Sub -section A of this Section. The Council may by resolution affirm, reverse or modify in whole or in part any decision, determination or -requirement of the Commission, but before granting any appealed petition which was denied by the Commission, or before changing any of the conditions imposed by the Commission in a conditional permit authorized by the Commission, the Council must set the matter for hearing giving the same notice as that provided in Paragraph 2, sub -section D of Section 17 and must make a written finding of fact setting forth wherein the Commission's findings were in error and wherein the property or particular use involved meets the requirements set forth in Sub -Section A of this Section. A four -fifth (4/5ths) vote of the whole of the Council shall be required to grant in whole or in part any appealed application denied by the Commission." Section 7. Sub -Section B of Section 15 of said Ordinance No. 71, as amended, is hereby amended by adding thereto a new Paragraph numbered 9, to read as follows: 119. In any zone the minimum building site area re- quired may be established as different from that set forth in the regulations of the zone by designating such different area upon an official zone map as follows: a. Where a number greater than one hundred ( 100) follows and is connected by a hyphen with the zone symbol, such number shall designated the minimum building site area required in square feet. b. inhere a number less than one hundred (100) follows and is -connected by a hyphen with the zone symbol, such number shall designate the minimum building site area required in acres." Section 8. Sub -Section B of Section 15 of said Ordinance No. 71, as amended, is hereby amended by adding thereto a new paragraph numbered 10, to read as follows: "10. In any zone a minimum required building site width may be established by designating such building site width upon any official zone map in the following manner: A number indicating such minimum required building site width in feet shall precede and be connected by a hyphen with the zone symbol. Such width shall be determined by measurement along the building line established by the required front yard for the main building and between the side lines of the building site.' Section 9. If any section, sub -section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such 741 decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have passed this Ordinance and each section, sub -section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more,of the sections, sub -sections, paragraphs, sentences, clauses or phrases thereof be declared unconstitutional or invalid. Section 10. The City Clerk shall certify to the adoption of this Ordinance, to its signature by the Mayor, to its attestation by the City Clerk and shall cause this Ordinance to be published by one insertion in the Tustin News, a weekly newspaper of general circulation, printed and circulated in the City of Tustin, Orange County, California. PASSED AND ADOPTED by the City Council of the City of Tustin at its adjourned regular meeting held on June 17, 1957• Mayor ATTEST: C i ty Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss. CITY OF TUSTIN ) The above and foregoing Ordinance was duly and regularly introduced at a regular meeting of the City of Tustin held on the 10th day of June, 1957, and was duly passed and,adopted at an adjourned regular meeting of the City Council held on the 17th day of June, 1957, by the following vote: AYES: Councilmen:: Bacon, Tadlock, Humeston & Byrd NOES: Councilmen: None ABSENT. Councilmen: Kidd F � C!'C'7Clerk of t e City of Tustin