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ORDINANCE 507Eshall not be considered as providin required parking facilities for any other use except as hereinafter specified for common fa- cilities. (4) Common facilities: Common parking facilities, public or private, may be provided in lieu of the individual requirements con- tained herein., provided the total of such off - street parking spaces, when used together, shall not be less than the sum of the various uses computed separately, but such facilities shall be approved by the Planning Commission as to size, shape and relationship to busi- ness sites to be served. When any such common facility is to occupy a site of five thousand (5,000) square feet or more, then the park- ing requirements as specified herein for each of two or more par - ticipatins7 buildings or uses may be reduced nct more than fifteen per cent (15g) upon approval of plans by the Planning Commission in the manner prescribed for a variance. (5) Plans: The plan of the proposed parkins; area shall be submitted to the Buildin; Department at the time of the application for the building permit for the building to which the parking area is accessory. The plans shall clearly indicate the proposed devel- opment, including location, size, shape, design, curb cuts, light- ing, landscaping and other features and appurtenances of the pro- posed parkinm lot. Any buildings in parking areas shall be subject to the same restrictions governing accessory buildin -s as defined in the zone in which said parking area is located. SECTION 1414: CCMPREHENSIVE PLANNED FACILITIES. Areas may be exempted from the parking requirements as otherwise set up in this Article, provided: (1) Such area shall be accurately defined by the Planning -; Commission. (2) No suc,- district may be establisred and exempted from the provisions of Section 1410 unless sixty per cent (601) or more of all record lots comprising such proposed district are devoted to uses first permitted in a IICrr or I'M" Zone. - 61 - (3) Such exemption shall apply only to uses first permitted in the "C" or 11M11 Zones. (4) Before such defined district shall be exempted as provided in this Section, proceedings shall have been instituted by the City to assure that the exempted area shall be provided with comprehen- sive parking facilities which will reasonably serve the entire dis- trict. SECTION 1415: REQUIRED IMPROVEP-'1ENT AND MAINTEI,IANCE OF PARKI1,TG AREAS AND VEHICLE SALES AREAS. Every lot used as a public or private parkin; area or vehicle sales area shall be developed and maintained in the following manner: (1) All permanent off - street parking and vehicle sales areas shall be paved with concrete or asphaltic concrete. Off- street parking lots to be used for no longer than one year, as such, shall be surfaced and maintained with an impervious material acceptable to the Building Department so as to eliminate dust or mud. All off - street parking areas shall be graded and drained so as to dis- pose of all surface water. Drainage shall be taken to the curb or gutter and away from adjoining property. In no case shall such drainage be allowed across the surface of a public sidewalk. (2) Border barricades, screenin;-; and landscaping: (a) All parking areas and vehicle sales areas that are not separated by a fence from any street or alley property line or side property lire upon which it abuts, shall be pro- vided with a suitable concrete curb or timber barrier not less than six (6) inches in height, located not less than four (4) feet from such property lines, and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area. (b) Every parking area or vehicle sales area which abuts property located in one of the "R" Zones, or the "P11 Zone when developed for residential purposes and whether or not an alley - 62 - intervenes, shall be separated from such property by a solid wall six (6) feet in height measured from the grade of the finished surface of such lot closest to the contiguous "Rt1 or 11P11 zoned property, provided that along the required front yard the wall shall not exceed forty -twc (42) inches in height. No such wall need be provided where the elevation of that portion of the parking area or vehicle sales area immediately adjacent to an 11,501 or 11P11 zoned property is six ( S ) feet or more below the elevation of such ''R" or 11P11 zoned property along the common property line. (c) Any li=ghts provided to illuminate any public park- ing area, semi - public parking area or vehicle sales area per- mitted by this ordinance shall be arranged so as to reflect the light away from any premises upon which a dwelling unit is located. (3) Entrances and Exits: The location and design of all en- trances and exits shall be subject to the approval of the City En- gineer, provided no entrance or exit other than on or from an alley shall be closer than five (5) feet to any lot located in an 11R11 or 11P11 Zone, and further provided that no single opening to a park- ing area shall exceed a width of twenty -six (26) feet. SECTION 1416: REQUIRED LOADING SPACE. Every main build- ing hereafter erected or structurally altered, for commercial or industrial purposes in a C. be provided with loading space as follows, and conditions: (1) 'UVhen such building is located upon a or designed or used -M or i•,%. Zone shall under the following site contiguous to a public alley it shall be provided with a minimum off - street or off - alley loading space twenty (20) feet in depth extending the entire width of the building and which distance shall in no case be less than forty (40) feet, and fourteen (14) feet in height. (2) In any M Zone easterly of Sepulveda when the loading space is provided adjacent to a street or alley, the loading platform to serve such loading space shall be not less than forty (40) feet from the property line of the street or alley upon which such loadin space is contiguous. - 63 - LIDS7 ARTICLE 15 GENERAL PROVISIO-NiS, COI,;DITIO��TS A:�1D EXCEPTIOIIS YARDS, HEIGHT AND AREA SECTION 1500: FOREGOING REGULATIONS SUBJECT TO THIS AR- TICLE. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and excep- tions contained in this Article. SECTION 1501: HEIGHT OF BUILDINGS ON THROUGH LOTS. On through lots one hundred and fifty (150) feet or less in depth, the height of a building on such lot may be measured from the sidewalk level of the street on which the building fronts. On through lots more than one hundred and fifty (150) feet in depth, the height regulations and basis of height measurements for the street per - mittin7 the Preater height shall apply to a depth of not more than one hundred and fifty (150) feet from that street. SECTION 1502: HEIGHT OF PENTHOUSES AND ROOF STRUCTURES. Penthouses or roof structures for the housi_nz-, of elevators, stair- ways, tanks, ventilatin-r fans or similar equipment required to operate and maintain the building; fire or parapet walls, sky- lights, towers, roof signs, flagpoles, chimneys, smoke stacks, wireless masts and similar structures may be erected above the height limits by this ordinance prescribed, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the purpose of providing additional floor space. SECTION 1503: YARD REGULATIONS. Except as provided in this Article, every required yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building for the purpose of complying with the provisions of this ordinance shall be considered as providing; a yard or open space for any other b uildin7., and no yard or open space on any ad- joining property shall be considered as providin, a yard or open space on a buildins- site whereon a buildinm is to be erected. - 64 - 3538 SECTION 1504: MODIFICATION OF SIDE YARD REQUIREMENT ON COMBINED LOTS. When the common boundary line separating two (2) or more contiguous lots is covered by a building or permitted group of buildings, or when the placement of a building or buildin, >rs with respect to such common boundary line or lines does not fully con- form to the required yard spaces o­1 side of such common bound- ary line or lines, such lots shall constitute a single building site and the yard spaces as required by this ordinance shall then not apply to such common boundary line. SECTION 1505: YARD REQUIREMENTS WHEN MORE THAhT ONE MAIN BUILDING EXISTS. Where two or more buildings are, by definition of this ordinance, considered main buildings, then the front yard re- quirement shall apply only to the building closest to the lot front line, but all other buildings shall conform to the requirements concerning; placement of buildings as contained in the zone in which the property is located. SECTION 1506: COMMISSION MAY ESTABLISH FORMULA FOR MODI- FYING YARD REQUIRED' IdTS. The PlanninM Commission may, by resolu- tion, adopt a fori -, ula or establish standard practices by whi_c' -,, to determine ai-i appropriate and practical - nod.ification of required yard. depths in all residential zones w1here Meometric shape and dimensions and topcTraphy are such as to make the literal applica- tion of such required yard depths impractical. After the adoption of such formula or standard practices they shall be applied as an administrative act. If the average lot profile has an elevation above street grade eight (8) feet or more within the front ten (10) feet of a lot, a garage may be located not less than five (5) feet from the lot _front line. (Plates 6 and 7) SECTI01 1507: MODIFICATI01'v OF REQUIRED FRONT YARDS WHERE NIO!1CONFORMITIES EXIST. The depth of required front yards on unim- proved lots may be modified whe: either of the following circum- stances apply: c� 5 - 4 n5�� (1) dhen the unimproved lot or lots are located between lots having nonconforminm front yards. (2) When the unimproved lot cr lots are located between a lot havin- a nonconforming front yard and a lot havin; -, a conformin; front yard. (3) ',Teen the unimproved lot or lots are located between a lot having; a nonconfcrmin front yard and a vacan corner lot. I nonccnforminm front yard shall be deemed to be an area between the lot ront line and the portion of the main building closest to it, and which area is less in depth than that defined in this ordinance as constitutin; a required front yard. The degree of nonconformity to be credited in making the adjustment shall in no instance exceed sixty per cent (60 %) of the required front yard depth on the nonconforming lot measured toward the lot front line from the rear line of the required front yard on such lot. The rear line of the modified front yard on the unimproved lot or lots as referred to above shall be established in the fol- lcwir,; manner: (1) A poi -lat shall be established on each improved lot having a nonconforminl�7 or conforming; front yard between wriic':) lots are unimproved lots needim- ad j ust,^erit . if, t .e uni m proved property- lies between a lot avid- a nonccnfo_rmin7, frcnt yard and a vacant corner lot, teen the point on the corner lot shall be established at the rear line of the required _Front yard. Such point shall be located at the intersection of the rear line of the front yard with a line constitutin,= the depth of the lot. (2) h straight line shall be drawn from such point of inter- section on the lot with the nonconforming front yard across any in- tervening unimproved lot or lots to a point similarly established on the next lot in either direction on which a main building exists which establishes a nonconforming or conforming front yard, or be- tween the lot with the nonconforminIz front yard and the point of intersection on the corner lot. (3 ) I" e dcnt'1 c_ 'Ie rnodiiiet fro, , -ard c; a_ T lo', Traversed by the s-11-1-ai-'ht line ir ( 2 ) abo e shall be established by the point ,There said strai;ht line intersects the line constituting the aeptri of each suc',._ intervenin;7 lot SECTION 1508: REQUIRED YARDS FOR SCHOOLS, CHURCHES AND INSTITUTIONS. In structurally alte other similar use narce unless such P rom the boundary SECTIO''d all 11R11 Zones no buildinm shall be erected, red or used for a school, church, institution or permitted under the use regulations of this ordi- buildinms are removed at least fifteen (15) feet line of any adjoining property in any 11R11 Zone. 1509: YARD REQUIREKE ffS FOR PROPERTY ABUTTING HALF STREETS OR PLATINI"ED STREETS. A building or structure shall not be erected or maintained on a lot which abuts a street havin- only a portion of its required width dedicated and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards pro -tided and mui'ltai led in connec- tion with such buildi�-,,-' or structure have a Width or depth of that portion of t }e lot needed to complete the road width plus the width or depth of the yards required on the lot by this ordinance, if any. This section applies to all zones. %There a precise plan adopted pursuant to law includes plans for the widening of existing streets, the connecting of exist- ing streets, or the establishment of new streets, the placement of buildings and the maintenance of front yards, where -required by this ordinance, shall relate to the future street boundaries as de- termined by said precise plans. This Section does not require a yard of such width or depth as to reduce the buildable width of a corner lot to less than forth (40) feet. SECTION 1510: ASUREi i1T OF FROi,T YARDS. Front ,,card -re- quirements s'-!all be measured from the front property line or the indicated ed7e of a street for which a precise plan exists. (Plate 4) ;7 - 3D-4I SECTI0T1 1511: VISION CLEARANCE, COR=NER AT1D REVERSED CORNER LOTS. All corner lots and reversed corner lots subject to yard requirements shall maintain for safety vision purposes a trian -ular area one an,;le of which shall be formed by the front and side lot lines separating the lot from the streets, and the sides of such trian7le formin- the corner angle shall each be fifteen (15) feet in len-tl , measured from "n- aforementioned an;;le. The third side o£ said tri_an�-1e shall be a strai-ht line connectin-,: the last t:,ro mentio ed points w.iic': are distant fifteen (15 ) feet from the intersection of the front and side lot lines, and within the area comprisin7 said triangle no tree shall be allowed, nor any fence, shrub or other physical obstruction higher than forty - two (42) inches above the established mrade shall be permitted. (Plate 8) SECTION 1512: FRONT AND SIDE YARDS NOT REQUIRED FOR DWEL1- INGS AND APARTMENTS ABOVE STORES. Front and side yard requirements shall not be applicable to dwellings and apartments erected above stores. SECTION 1513: PERMITTED INTRUSIONS INTO REQUIRED YARDS. The following intrusions may project two (2) feet into required yards, provided the required side yards shall not be reduced to less than three (3) feet in width: (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features. (2) Fireplace structures not wider than eight (3) feet measured in the Meneral direction of the wall of which it is a part. (3) Stairways, balconies and fire escapes. (4) Uncovered porches and platforms which do not extend above the floor level of the first floor, provided they may extend into a required front yard not more than thirty (30) inches. (5) Planting; boxes or masonry planters not exceeding forty- two (42) inches in height. (6) Guard railings for safety protection around ramps. - 68 - 12 SECTIOT', 1514: ,VALL, FE NICE OR HEDGE i AY BE i LEI i'1TAINED . In any "R" Zone a tall, fence or hedMe forty -two (4.2) inches in h e i t may be located and maintained on any part of a lot. On an interior or corner lot a wall, fence or hedge not more than six (6) feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard. On a reversed corner lot a wall_, _fence or hedge not more than six (6) feet in height may be maintained anywhere on the lot to the rear of the rear line of the required front yard except within the required triangular open area at the rear constituting a part of the required side yard on the side street side. The provisions of this Section shall not apply to fences required by State Law to surround and enclose public utility in- stallations, or to chain link fences enclosing school grounds and public playgrounds. ;There a retaining wall protects a cut below the natural 7,rade, and is located on the lire separatin,- lots or parcels, such retaining wall ma -,/r be topped by a fence, wall or hed, -e of the same height that would otherwise be permitted at the location if no re- taini.n7 wall existed. Where a retaining; wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as con - tributing to the permissible height of a fence, solid wall or hedge, provided that in any event a protective fence or wall not more than forty -two (42) inches in height may be erected at the top of the retaining wall, and any portion of such fence above the six (6) foot maximum height, shall be an open work fence. An open work fence means a fence in which the component solid portions are even- ly distributed and constitute not more than sixty per cent (60"0) of the total surface area of the face of the fence. (Plate 9) SECTIC_'1 1515: TREES, SHRUBS AND FLU'JERS PER"' I1 YARDS. Shrubs, flowers, plants and hed ;es not more than forty -two - 69 - 39 (2) Sirens which are used exclusively to advertise the ownership, sale or lease of the property upon which such sign is placed, or to advertise a business conducted, or services rendered, or goods produced or sold upon such premises, or any other lawful activity conducted upon such premises, pro- vided: (a) suns shall not rotate or otherwise move, nor shall they be so located that any green, yellow or red li - -;ht thereon will materially or practically tend to interfere with approachin;711- drivers readily distinguish - ing them from a traffic si -nal. SECTION 1106: PUBLIC UTILITIES. The provisions of this ordinance shall not be construed to limit or interfere with the in- stallation, maintenance and operation of public utility pipe lines and electric or telephone transmission lines, or railroads, when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California within rights -of -way, easements, franchises or ownerships of such public utilities. SECTION 1407: TEMPORARY REAL ESTATE OFFICE. One tempo- rary real estate office may be located on any new subdivision in any zone, provided that such office, if in any "R't Zone, shall be removed at the end of a twelve -month period measured from the date of the recordin, , of the map of th., subdivision upon which said of- fice is located. SECTION 1108: TEMPORARY CONSTRUCTION BUILDINGS. Tempo- rary structures for the housin-; of tools and equipment, or con - taining supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such projects, and shall be abated within sixty (60) days after completion, or sixty (60) days after cessation of work. - 56 - 3530 SEC TI 1�09: R- EQUI=tED OFF - STREET PARKI'_�G. Every build- ing, or portion of buildin:� hereafter erected, shall be provided with permanently maintained parkinT space as provided in this Ar- ticle, and such parkinrc space shall be made permanently available and be permanently maintained for parking purposes. SECTION 1410: PARKING SPACES REQUIRED. The number of off - street parking spaces required shall be no less than as set forth in the following-: Use 1. Automobile courts (motels) 2. Banks 3. Business offices 4. Bowline alleys 5. Churches 6. Dwellin7s, one, two, and multiple - family Parking Spaces Required 1 for each sleeping unit or dwellin,- unit 1 for each 200 sq. ft. of gross floor area 1 for each 4.00 sq. ft. of gross floor area 4 for each alley 1 for each 4 fixed seats and 1 for each 100 sq. ft. of floor space used for assembly pur- poses and containing no fixed seats 1 for each dwelling unit 7. Establishments for the sale and consumption on the premises of food and beverages: -- having less than 4,000 sq. ft. of floor area -- having 4,000 sq. ft. of floor area or more 8. Furniture and appliance stores, hardware stores, household equipment, ser- vice shops, clothing or shoe repair or personal service shops 9. Hospitals 10. Hotels - 57 - 1 for each 100 sq. ft. of gross floor area 40, plus 1 for each 150 sq. ft. of gross floor area in excess Of 4,000 sq. ft. 1 for each 600 sq. ft. of gross floor area 2 for each bed 1 -tor each of the f irst 40 rooms 1 for each 2 -rooms in the next 40 1 for each 4 rooms above �0 11. Libraries 12. Library stations and museums 1 for each 250 sq. floor area ft. of gross 1 for each 500 sq. ft. of gross floor area 13. Manufacturing uses, research 1 for each 3 employees on the and testing laboratories, maximum wor ing shift, or not creameries, bottling estab- not less than 1 for each 800 lishments, bakeries, canneries, sq. ft. of < -ross floor area, printing and engraving shops 1,,',Ii.che,fer amount is the greater 14. T Iedical or dental clinics and 1 for eaci: 200 sq. ft. of r:ross medical or other professional .floor area Offices 15. Mlortuaries 1 for each 50 sq. ft. of floor area of assembly rooms used for service 16. TvIrotor vehicle, .machinery sales 1 for each 1,000 sq. ft. of gross or wholesale stores floor area or 1 for each 5 em- ployees, whichever amount is greater 17. Offices not providing customer 1 for each 4 employees or for services on the premises each 800 sq. ft. of gross floor area, whichever amount is the greater 18. Retail stores, except as other- wise specified herein: -- having not more than 5,000 ft. 1 for each 300 sq. ft. of gross sq. of floor area floor area -- having; more than 5,000 sq. 17 plus 1 for each 150 sq. ft. ft. but not more than of gross floor area in excess 202000 sq. ft. of floor of 5,000 sq. ft. area -- having more than 20,000 sq. 17 plus 1 for each 150 sq. ft. ft. of floor area of gross floor area in excess of 5,000 sq. ft., plus 1 for each 100 sq. ft. of ,gross floor area in excess of 20,000 sq. ft. 19. Rooming '_Houses, lodging 1 for each 2 sleeping rooms houses, clubs and fraternity houses Navin,.,; sleepin- rooms 20. Sanitariums, children's homes 1 for each 3 beds homes for aged, asylums, nursing homes 21. Schools 22. Stadiums, sports arenas, au- ditoriums (includin 7 school auditoriums) and other places of public assembly, and clubs and lodges having no sleeping quarters 1 for each 2 employees 1 for each 5 fixed for each 100 sq. floor area used purposes and not fixed seats - 58 - seats, and 1 ft. of gross for assembly containing X32 23. Theatres 1 for each 5 seats up to 800 seats, plus 1 for each 8 seats over A00 seats 24. Transporation terminal facil- Adequate number as deter lined by ities the Planning Commission 25. Warehouses and storage build- 1 fcr each 3 employees *or 1 for ings each -100 sq. ft. of :gross floor space, whichever amount is the greater SECTION 1411: PARKI17G PROVISIONS MAY BE WAIVED BY COMMIS- SION. Upon the presentation of evidence showing facts, the Commis- sion may, by resolution, waive or modify the provisions as set forth herein establishing required parking areas for uses such as electri- cal power >,enerating plants, electrical transformer stations, utili- ty or corporation storage yards, or other uses of a similar or like nature requiring a very limited number of persons. SECTION 1412: PARKING REQUIREPv1ENTS FOR USES NOT SPECIFIED. Where the parking requirements for a use are not specifically de- fined herein, the parking requirements for such use shall be deter- mined by the Planning Commission. Such determination shall be based upon the requirements for the most comparable use specified herein, provided the findin`s in such matters shall be set forth by resolu- tion settin. _ forth the considerations upon which the decision is based. Such resolution shall not become effective until referred to and approved by the City Council. SECTION 1413: GENERAL REQUIREMENTS PERTAINING TO PARKING. The following general requirements shall apply. (1) Size and access: (a) For non- residential uses, each off - street parking space shall have an area of not less than one hundred and seventy (170) square feet exclusive of drives or aisles, and a width of not less than eight and one -half (8 -1/2) feet. Each such space shall be provided with adequate ingress and egress. - 59 - 3533 (b) For residential uses parking facilities shall be in a building enclosed on at least three (3) sides and, in the case of single- family dwellings each parking space shall be not less than ten (10) feet wide by twenty (20) feet long; in the case of two - family dwellings, such parkin; space shall be not less than eighteen (18) feet wide by twenty (20) feet long; in the case of multiple- family dwellings, not less than nine (9) feet wide by twenty (20) feet long for each unit, except where there is a partition or partitions, in which event one (1) foot of additional width shall be provided for each such partition, and all of such parking spaces shall have adequate provision for ingress and egress. (2) Location: Off- street parking facilities shall be located as hereinafter specified. Where a distance is specified, such dis- tance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve: (a) For one, two or multiple family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve; (b) For hotels, hospitals, sanitariums, homes for the aged, asylums, orphanages, roomin<< houses, lodging houses, club rooms, fraternity and sorority houses, not more than one hundred and fifty (150) feet from the buildings they are re- quired to serve; and (c) For uses other than those specified above, not over three hundred (300) feet from the building they are required to serve. (3) Mixed occupancies: In the case of mixed uses in a build- ing or on a lot, the total requirements for off - street parking facilities shall be the sum of the requirements for the various uses computed separately. Off- street parking facilities for one use - 60 - C SECTIO7y 1520: LOT AREA 0i TO LsE REDUCED. No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the re:ulations established by this ordinance. SECTION 1521: GREATER LOT AREA MAY BE REQUIRED. Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a precise plan in the manner prescribed by law, designating the location and size of such greater required areas. SECTION 1522: SUBSTANDARD LOTS. When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a precise plan, and was of record on February 22, 1947, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precise plan. The lot area per dwelling unit, however, shall remain as specified in the applicable area district, except that in no instance shall this provision' prevent the erection of a = single- family dwelling on any substandard lot. SECTION 1523: DIVISION OF LOTS OR PARCELS CONTAINING MORE THAN MINIMUV REQUIRED AREA. When any lot or parcel in any zone contains a greater area than the required minimum lot area of the zone in which it is located, then each unit of the required minimum area contained in such lot or parcel may be utilized as a separate lot, provided that all other requirements of the zone in which it is located are met, and that any such division does not result in more than four (4) lots, and further provided that each such resulting lot has frontage upon a dedicated public thoroughfare or be provided with a permanent easement of record which shall af- ford legal access to a publicly dedicated street and which easement shall be approved as to adequacy by the Planning; Commission and City Council. - 71 - ort - 5 ARTICLE 16 GENERAL PROVISIONS, CONDITIO'"S A-jD EXCEPTIO.�'S NONCONFORr -1ING BUILDINGS AND USES SECTION 1600: FOREGOING REGULATIONS SUBJECT TO THIS AR- TICLE. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and excep- tions contained in this Article. SECTION 1601: hTONCOI\?FORt-IING USE LIMITS OTHER USES. While a nonconforming use exists on any lot, no additional use may be established thereon, even though such additional use would be a conforming use, unless: (1) The use is a nonconforming use of a conforming building, and such use has had a terminatin7 date established by action of record by the Plannin�7 Commission; or (2) The nonconformin; use be a building of a more restricted type than that allowed in the zone; in either of which cases the provisions of this section shall not apply. If the nonconforming building be used for habitation, any conforming buildings on the lot shall be so placed as to re- tain contiguous to the residential building the side yards and open spaces as required in Zone R -3, and such side yards and open spaces shall be subject to the same limitations of use as govern in the R -3 Zone. SECTION 1602: REMOVAL OF NONCONFORMING BUILDINGS OR CHANGE IN STATUS OF NONCONFORMING USE. If any nonconforming build- ing- is removed, every future use of the land on which the building is located shall conform to the provisions of this ordinance. If a nonconforming use vacates and is succeeded by another and more re- strictive use, it is evidence that the heavier nonconforming use was ended and thereupon immediately loses any vested right as such. If the substitute use is itself nonconforming, the degree of non- conformity may not subsequently be increased by changing to a less restricted use. - 72 - f v AG SECTION 1603: PROVISIONS OF ARTICLE TO APPLY TO NONCON- FORMING USES AND NONCONFORMING BUILDINGS RESULTING FROM RECLASSI- FICATION. The provisions of this Article shall apply to buildings, lands and uses which hereafter become nonconforming due to any re- classification of zones under this ordinance. If a use originally authorized by variance prior to the effective date of this ordinance is located within a zone in which such use is not permitted by the terms of this ordinance, such use shall acquire a nonconforming status. SECTION 1;-)04: NONCONFORMING USE OF LAND WHEN NO STRUCTURE INVOLVED. In any zone the nonconforming use of land wherein no structure is involved shall be abated within one (1) year from the date this ordinance becomes effective, and any future use of such land shall conform to the provisions of this ordinance. If the nonconforming use of land existing at the time this ordinance takes effect is thereafter discontinued for six (6) months or more, any future use of such land shall conform to the provisions of this ordinance. SECTION 1605: NONCONFORMING USE OF A CONFORMING BUILDING. A. In "R't Zones. All nonconforming uses of a conforming,• building in any of the R Zones or the P Zone shall be discontinued within three years from the date of formal notice to the owner from the Plannincr Commission, or not later than five (5) years from the date the provisions of this ordinance became applicable to it. B. In "C" Zones: Every _ onconforir.in7 use of a conforming, building in a C Zone which use is first permitted in a less restric- tive zone shall be completely removed before the expiration of a ten -year period measured from the date this ordinance becomes ap- plicable to it. C. In "Mrr Zones: The nonconforming-, use of a conforming building shall be completely removed before the expiration of a ten -year period measured from the date this ordinance becomes ap- plicable to it. - 73 - 3? SECTIOTd 16oc,): NONCO' FORT,INC -1 USE OF A i`10'i;CC FGRiTI G BUILDING. The noncor_forrnine; use of a nenco_ ^formin- buildings n-ay be continued and may be expanded or extended throuo-i -out such build- ing so long as such nonconforming building remains nonconforming, provided no structural alterations are made except those required by law. A nonconforming use of a nonconforming building may be changed to another use of the same or more restricted classifica- tion. SECTION 1607: REQUIRED REMOVAL OF NONCONFORMING BUILD- INGS. A. In ffR" and "Pff Zones: Every nonconforming building in any of the "Rff Zones or the "Pff Zone, except residential buildings, churches and schools, which nonconforming building was designed or intended for a use not permitted in the "Rff Zone in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zone in which it is located within the herein specified times upon notice from the Plannii,,- Commission, which time is measured from the date of construction. In no case shall -,his period of time be less than five (5) years from the date of notification by the Plannin Commission. As used in this Sectior_, the designations "Type 1 Building ", "Type 2 Build - ingff� "Type 3 Building -If "Tyne !;. Building" and "Type 5 Building ", are employed as defined in the existing building ordinance. (1) If property is occupied by structures of a type for which the existing building ordinance does not require a building permit, one (1) year. (2) Type 4 and Type 5 Buildings (light combustible frame and wood frame), forty (40) years. (3) Type 2 or Type 3 Buildings (heavy timber construc- tion and ordinary masonry); (a) Apartments, offices, hotels or residences having stores or offices below and apartrr:ents or offices above, thirty -five (35) years. - 74 - 3 (42) inches in height, and trees shall be permitted in any required yard, except as provided in Section 1511 of this ordinance. SECTION 1516: REQUIRED INCREASE OF SIDE YARD 'HERE MUL- TIPLE OR ROW DWELLINGS REAR UPON A SIDE YARD. Where two- family dwellings or multiple- family dwellings, group houses, court apart- ments or row dwellings are arranged so that the rear of such dwellings abut upon the side yards, the required side yards to the rear of such dwellings shall be increased by one (1) _foot for each dwelling unit having- an entrance or exit openin,- into or served by such yard; ?provided, such increase need .lot exceed five (5) feet. SECTION 1517: REQUIRED IivCREASE OF SIDE YARD WHERE IJ':UL- TIPLE OR RO`.4 DWELLINGS FROI,T UPON A SIDE YARD. The minimum width of the side yard upon which multiple dwellings front shall be not less than one and one -half (1 -1/2) times the width of the side yard to the rear of such dwellings. SECTION 1518: IF ONLY ONE BUILDING ON A LOT OR BUILDING SITE IT CONSTITUTES A MAIN BUILDING. Any building which is the only buildinn; on a lot or building site is a main building unless authorized by a variance, or unless on the effective date of this ordinance a garage building already existed on such lot or building site. SECTION 1519: THROUGH LOTS MAY BE DIVIDED IN CERTAIN CASES. Through lots one hundred and eighty (180) feet or more in depth may be improved as two (2) separate lots, with the dividing; line midway between the street fronta; -es, and each resultin.-7 one - half shall be subject to the controls applying; to the street upon which such one -half faces. If each resulting one -half be below the minimum lot area as determined by this ordinance, then no division may be made and only one (1) single- family dwelling may be erected upon such lot. If the whole of any through lot is improved as one building -site, the main building shall conform to the zone classi- fication of the frontage occupied by such main building, and no ac- cessory building shall be located closer to either street than the distance constituting the required front yard on such street. -70-