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HomeMy WebLinkAboutOrdinance 340 N.C.S. CODIFIED VERSION PLACE HOLDEROFFICIAL LAND -USE PLAN (Zoning Laws) CITY OF PETALUMA CALIFORNIA EGG BASKET46% OF THE WORLD BASIC ORDINANCE NO. 340 N. C. S. EFFECTIVE JULY 7, 1954 Text of Ordinances and Maps INDEX Chapter 1—Adoption of Zoning Plan..................................................................Page 1 Chapter 2—Purpose of the Adoption of Zoning Plan........................................Page 1 Chapter3—Districts................................ ............................................................... Page 1 Chapter 4—Regulations for Districts....................................................................Page 1 Chapter 5—Regulations for Special Districts........................................................Page 3 Chapter 6—General Provisions and Exceptions ....................................................Page 4 Chapter 7—Non-Conforming Uses----------•-------------••----------••-----------•--•--------•--------..Page 4 Chapter 8—Zoning Permits .........................• -..__..__.................-----..Page 4 Chapter 9—Use Permits---------•-----••--------•------•----•----•------•--------............................ Page 4 Chapter 10—Variances and Appeals....................................................................Page 5 Chapter 11—Amendments............................................... ----------- ......................... Page 5 Chapter12—Definitions........................................................................................ Page 5 ZoningMap-................................................................................................. Pages 6 and 7 Chapter 13—Interpretation..............•--•---•----•--....------•---•-------...........---------------.------Page 8 Chapter 14—Enforcement, Penalties and Legal Procedure................:.................Page 8 Chapter15 Repealing .... -------.......... ...................................... _................................ Page 9 Chapter16—VanditY---------------------------•--•-•-------•-------------•--•-----•-----------•------------------Page 9 Chapter17—Reference------------------•-----------------------•-----------------------------------------------Page 9 ORDINANCE NO. 340 N. C. S. Introduced by Councilman ALBERT J. BIGELOW Seconded by Councilman LEIGH SHOEMAKER BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOL- LOWS: CHAPTER 1 ADOPTION OF ZONING PLAN Section 1.1 There is hereby adopted a zoning plan for. the City of Petaluma, State of California said Zoning Plan being a Districting Plan as provided by law. Section 1.2 Name of and Reference to Ordinance. This Ordinance shall be known and cited as the Zoning Ordi- nance of the City of Petaluma. Refer- ence to section numbers herein are to sections of this Ordinance. CHAPTER 2 PURPOSE OF ADOPTION OF ZONING PLAN Section 2.1 The purpose of this Ordi- dance Is to promote the growth of the City of Petaluma in an orderly manner and to promote and protect the public health, safety, comfort and general welfare. Section 2.2 The Zoning or Districting Plan effectuated by this Ordinance is a part of the Master Plan and consists of the establishment of various districts, Including all the territory within the boundaries of the City, within which the use of land and buildings the space for buildings, and the height and bulk of buildings are regulated. Section 2.3 No building or structure shall be erected, reconstructed or struc- turally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this Ordinance and all other ordinances, laws and maps referred to therein. CHAPTER 3 DISTRICTS Section 3.1 The several districts es- tablished are as follows: Single Family Residential District or R-1 District Duplex Residential District or R-2 District Multiple Family Residential District or R-3 District Neighborhood Commercial District or C-1 District Central Commercial District or C-2 District Heavy Commercial District or C-3 District Industrial District or M District Unclassified District or U District Combining District or P District Planned Community District or P-C District Combining District or B District Section 3.2 The designations, Iocations and boundaries of the districts estab. lished in Section 3.1 are delineated up. on the ma pp entitled "Zoning Mai for the City of Petaluma, California' da. ted Mar. 2, 1954 which map and all notations and 0ormation thereon are hereby made a part of this Ordinance by reference. Any land within the in. corporated limits of the City of Petalu. ma now or hereafter, and not desig. nated or indicated on the Zoning Map shall be the Unclassified or "U' Dis. trict. CHAPTER 4 REGULATIONS FOR DISTRICTS Section 4.1 Single Family Residential District or R-1 District The following regulations shall apply In all R-1 Districts and shall be subject to the provisions of Chapter 6. Section 4.11 Uses Permitted: (a) Single faaYmily dwellings structedcsimoultaneoluslyswith or if sub- sequent to the main building on the same lot. (c) Accessory uses normally inci- dental to single family residences. This is not to be construed as per- mitting any commercial uses includ- ing storage of commercial vehicles. (d) One sign, not over four (4) square feet in area, and pertaining only to the sale, lease, or rental of the property upon which the sign is located. Section 4.12 Uses permitted, subject to obtaining a use permit In each case: (a) Churches, schools, parks, play- grounds, public utility and public and quasi -public buildings. (b) Crop and tree farming. (c) Public or private parking lots for automobiles when adjacent to any C or M District. (d) Real estate field offices and signs not over twelve (12) square feet in area for the sale of property with- in a subdivision. Section 4.13 Building Height Limit: fe(a) For dwellings —maximum thirty (b) For accessory buildings —maxi- mum fifteen (15) feet. Section 4.14 Building Site Area Re- quired: (a) For each dwelllngg—minimum of fifty-four hundred 15400) square feet and minimum width of setback of sixty (60) feet on interior lots; min. imum of six thousand (8000) square feet and minimum width of sixty (60) feet on corner lots. In no case shall there be more than one (1) single family dwelling on any one 1) building site. Section 4.15 Percentage of Lot Cov- erage Permitted: (a) For aggregate building cover. age —maximum forty-five (46) percent of lot area, Including accessory build. ings. Section 4.16 Yards Required:. twenty(20)feetsmaximum required permitted thirty-five (35) feet except as may be otherwise indicated on the Zoning Map. Distances shown on Zoning Map are to be measured from the front lot line. Provided that where four (4) or more lots in a block have been Improved with buildings, the minimum required shall be the average of the Improved lots If less than the afore. stated requirements. (b) Side Yards: Minimum required — five (5) feet on each side of interior lots. On lots of less width than fifty (50) feet 10% of the lot width to a minimum of three (3) feet. The side yard on the street side of a corner at shall be no less than ten (10) feet In width. No required side yard for accessory buildings when con- structed on the rear one-third (1/3) of the lot or in the case of a corner lot, not to project beyond the front yard required or existing on the adja- cent lot. (c) Rear Yards: For dwellings—min- Imum twenty (20) feet. For accessory buildings —none. Section 4.17 Parking Required —Gar- age or Garage Space. (a) Not less than one (1) garagge or car port for each single family dwell- ing. (b) Not less than one (1) parking space for each six (6) seats for church- es and places of public assembly. Section 4.2 Duplex Residential District or R-2 District. The following regulations shall apply In all R-2 Districts and shall be subject to the provisions of Chapter S. Section 4.21 Uses Permitted: (a) Single family dwellings (b) Two family dwellings or du- plexes (single structure) (c) Accessory buildings and uses allowed in R-1 Districts (d) One sign, not over four (4) square feet in area, and pertaining only to the sale, lease, or rental of the property upon which the sign is located. Section 4.22 Uses Permitted, subject to obtaining a use permit in each case: (a) Churches schools, parks, play- grounds, pubic utility and public and quasi -public buildings. (b) Public or private parking lots for automobiles when adjacent to any C or M District. signsnot over Real e field twelve (12)Ces and square feet in area for the sale of prop- erty within a subdivision. Section 4.23 Building Height Limit: (a) For dvellings—maximum thirty (30) feet. (b) For accessory buildings —maxi- mum fifteen (15) feet. Section 4.24 Building Site Area Re- quired: (a) For each dwelling or duplex — minimum of fifty-four hundred (5400) square feet and minimum width att setback of sixty (60) feet on interior lots; minimum of six thousand (6000) square feet and minimum width at sixty (60) feet on corner lots. In no case shall there be more than one N1) single family dwelling or one (1) uplex .on any one (1) building site. Section 4.25 Percentage of Lot Cov- erage Permitted: ages)—maximuumrefift building cover- nt of lot area Including y accessory abuild- ings. Section 4.26 Yards Required: (a) Front Yards: Minimum required twenty (20) feet, maximum permitted thirty-five (35 feet except as may be otherwise indicated on the Zoning Map. Distances shown on Zoning Map are to be measured from the front lot line. Provided that where four (4) or more lots in a block have been Improved with buildings, the minimum required shall be the average of the Improved lots if less than the afore- said requirements. required — five ) (5) feede t each aide of intior lots. On lots of less width than fifty (50) feet 10% of the lot width to a minimum of three (3) feet. The side yard on the street side of a corner lot shall be no less than ten (10) feet In width. No required side yard for accessory buildings when con- structed on the rear one-third (1/3) of the lot or in the case of a corner lot, not to project beyond the front yard required vor existing on the aja(c) Rear Yards: For dwelltngs—min- imum twenty (20) feet. For accessory buildings —none. Section 4.27 Parking Required —Gar. age or Garage Space: (a) Not less than one (1) garage or car port for each single family dwell- ing. (b) Not less than one (1) garage or car port for each dwelling' unit in any duplex. space Nfor leeach asixon(6) (lseatsrkfor churches and places of public as- sembly. Section 4.3 Multiple Family Residen- tial District or R-3 District. The following regulations shall apply in all R-3 Districts and shall be subject to the provisions of Chapter 6. Section 4.31 Uses Permitted: (aSingle family dwellings and two family dwellings or duplexes. Multiple family dwellings, apart- ment()) Signs not over four (4) square feet in area and attached to the main building and appurtenant to any per- mitted use. (d) One sign, not over four (4) square feet in area, and pertaining only to the sale, lease, or rental of the property upon which the sign Is located. Section 4.32 Uses Permitted, subject to obtaining a use permit in each case: (a) Rooming or boarding houses, dwelling groups. (b) Professional offices, home occu- pations, child nurseries. (c) Community, centers, social halls, lodges, clubs and rest homes. (d) Churches, schools, parks play- grounds, public utility nd public and quasi -public buildings. (e) Public or private parking lots for automobiles when adjacent to any C or M District. (f) Signs over four (4) square feet when attached to the main building and apurtenant to any use allowed. Accessory Uses Permitted: (a) Accessory uses and buildings normally incidental to any of the above. This shall not be construed as permitting any commercial use or oc- patin other than those specifically IIsted, including storage or commer- cial vehicles. Section 4.33 Building Height Limit: forty- ivFoe (m )fee uildings-maximum (b) For accessory buildings-maxt- mum fifteen (15) feet average height. Section 4.34 Building Site Area Re- quired: (a) For each building or group of buildings -minimum of five thousand (5000) square feet and minimum width at setback of fifty (50) feet on Inte- rior lots; minimum of six thousand ofOsixtyu(60) feet on co nernlots width (b) For each family unit In anyy building or group of buildings mini- mum of one thousand two hundred fifty (1250) square feet of lot area. Section 4.35 Percentage of Lot Cov- erage: (a) For aggregate building coverage -maximum of sixty-five (65) percent. Including accessory buildings. Section 4.36 Yards Required: (a) Front Yards: Minimum required fifteen (15) feet, maximum permitted thirty-five (35) feet, except as other- wise indicated on the Zoning Map. Distance shown on map to be meas- ured from front lot line. (b) Side Yards: Minimum required -five (5) feet on each side of interior lots. The side yard on the street side of a corner lot shall be no less than ten (10) feet in width. No mini. mum required side yard for &.cessory buildings when placed on rear one. third (1/3) of the lot. In the case of a corner lot accessory buildings are not to project beyond the front yard required or existing on the adjacent lot. Side Yards shall be increased two ((2) feet for every five (5) feet or fraction thereof that a building ex- ceeds thirty (30) feet In height. (l( )fRear Yards: Minimum of ten t (d) Sbu ldingsrds and distances be- t. Distance between buildings in any dwelling group -minimum ten (10) ft. 2. Side yard providing access to single row dwelling group -mini- mum twelve (12) ft. 3. Inner court providing access to double row dwelling group -mini- mum twenty (20) ft. (See fire control regulation in Uniform Building Code). Section 4.37 Parking Required -Ga- rage or Garage Space: (ay Notlessthan one (1) garage or car port for each single family dwell- ing on each unit In any duplex. (b) Not less than one (1) garage space for each dwelling unit in any multiple dwelling group or apartment. (c) Not less than one (1) parking space for each two (2) guests in any rooming or boarding house. (d) Not less than one (1) parking space for each three hunddred (30) square feet of floor area in any office building, medical office or clinic.. (e) Not less than one (1) parking space for each six (6) seats In any church, lodge, club social hall or other places of public assembly. Section 4.4 Neighborhood Commer- cial District or C-1 District. The following regulations shall apply In all C-1 Districts and shall be subject to the provisions of Chapter 6. Section 4.41 Uses Permitted: ( Single family dwellings and two family dwellings or duplexes. (b) Multiple family dwellings, apart- ments houses, dwelling groups and professional offices. (c) Churches libraries, and other public or quasi -public buildings. (d) Rooming, and boarding houses. (e) The following uses when con- ductted within a building: Bakeries (retail sales only), food stores, hardware stores, banks, bar- ber shops, beauty parlors, book stores, variety stares, shoe shops, drug stores and offices, florist shops, restaurants, personal service establish- ments department stores, laundry and cfeaning agencies. (f) Non -flashing signs attached to the main building and appurtenant to the use thereof provided however, that no sign may project more than one (1) foot over the property line. Section 4.42 Uses that may be per- mitted, subject to obtaining a use per- mit in each case: (a) Other stores within a building, gasoline service stations, launderettes, mortuaries theatres and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Social halls, lodges, fraternal organizations and clubs. (c) Non -flashing signs appurtenant to any permitted use, provided how- ever that no sign may project more than one (1) foot over the property line. Section 4.43 Building Height Limit: (a) Maximum height any building - thirty (30) feet provided that a great- er height limb may be allowed upon the obtaining of a use permit. Section 4.44 Building Site Area Re- quired: (a) For each main building -mini- mum five thousand (5000) square feet. Section 4.45 Yards Required: (a) Front Yard: Fifteen (16) feet, except where the frontage in a block Is partially in an "It" District, in which case the front yard shall be the same as required in such "It" Dis- trict. (b) Side Yard: None, except where the side of a lot abuts upon the side of a lot In an "R" District, in which case the side yard shall be not less than ten (10) feet. (c) Rear Yard. None, except where the rear of a lot abuts on an `It" District, in which case the rear yard shall be not less than ten (10) ft. Section 4.46 Parking Required: (a) Off-street parking on the build- ing site shall be required in C-1 Dis- tricts according to the following for- mula: 1. Retail stores, 1 parking space for each two hundred (200) sq. it. of store floor area. 2. Banks and office buildings, 1 parkin gg space for each three hun- dred (300) sq. ft. of floor area. 3. Restaurants, 1 parking space for each four (4) seats. 4. Public assembly, including - churches, 1 parking space for each six (6) seats. 5. Theatres, 1 parking space .for each six (6) seats. 6. Clinics, 1 parking space for each three hundred (300) sq. ft. of floor area plus one (1) addition- al space for each doctor and staff member. 7. Residential uses, 1 garage space per dwelling unit. 8. Boarding and rooming houses, 1 parking space for each two (2) guest rooms. 0. All other uses permitted and not enumerated In this section shall furnish parking as required by the Planning Commission. (b) Design and location of all off- street parking lots shall be approved by the Planning Commission. Section 4.5 Central Commercial Dis- trict or C-2 District. The following regulations shall apply in all C-2 Districts and shall be sub- jeet to the provisions of Chapter 6. Section 4.51 Uses Permitted: (a) Retail stores and personal serv- ice establishments within a _building book stores stores, food mortuaries, shoe shops, studios, tailor shops, other uses which in the opinion ie Planning Commission are of a or nature. (b) Signs attached to the main build- ing and appurtenant to any permit- ted. use. Section 4.52 Uses Permitted, subject to first securing a use permit to each case: (a) Any use permitted in any "It" District. (b) Animal hospitals, auto reppair shops, cleaning and dyeing establish- ments, creameries, gasoline service stations, launderies, launderettes, sec- ond hand sales, outdoor markets, out- door sales establishments, pet shops, motels, public garages, used car sales lots, auction sales, action sales, and other uses of a similar nature. (c) Signs, other than those attached to the main building and appurtenant to any permitted use, including out- door advertising structures. Section 4.53 Building Height Limit: fifty `50) feet proviMaximum ded thaht t additional height may be permitted If a use permit is first secured in each case. Section 4.54 Building Site Area Re. quired: Imuni two thous thousand (2 00)main 1 sq. ft. Section 4.55 Yards Required., (a) Front Yards: None, except where the frontage in a block is partially in an "R" District, in which case the front yard shall be the same as re- quired in such "R" District. (b) Side Yards: None, except where the side of a lot abuts upon the side of a lot in an "R" District, in which case the side and shall be not less than five (5) feet. (c) Rear Yards: None, except where the rear of a lot abuts on an "R" District, in which case the rear yard shall be not less than five (5) ft. Minimumten d Abutting on Alleys; Section 4.6 Heavy Commercial Dis. trict or C-3 District. The following regulations shall apply in all C-3 Districts and shall be subject to the provisions of Chapter 6. Section 4.61 Uses Permitted: (a) Retail stores and personal serv- ice establishments within a building including appliance stores, bakeries, banks, barber shops, beauty parlors, book stores department stores, drug stores, food shops, hardware stores, mortuaries, nurseries, offices, radio stores, professional offices, restaur- ants, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. -2- (b) Wholesale stores and storage within a building, second hand sales, and outdoor sales. (c) Signs appurtenant to any per- mitted use and attached to the main building. Section 4.62 Uses Permitted, subject to first securing a use permit in each case: (a) All uses permitted in any "R" District. (b) Outdoor sales establishments, second hand sales, auction sales, ac- tion sales motels, gasoline service stations, light manufacturing, includ- ing manufacture of clothing, novel. ties and toys and uses which, In the opinion of the Planning Commission are of similar nature. (c) Signs, other than those appurten. ant to any permitted use, including outdoor advertising structures and other detached or free standing signs. (d) The following uses when con- ducted within a building or enclosed by a solid board or masonry fence at least six (6) feet in height: Bottling works, blacksmith shops, building ma- terials yards, contractors yards, feed and fuel yards, lumber yards, machine shops, planing mills, storage of goods and materials and other uses which in the opinion of the Planning Com- mission are of a similar nature. (e) Trailer courts and labor camps. Section 4.63 Building Height Limit: (a) Maximum height of any building -fifty (50 feet, pprovided that addition- al height may be permitted if a use permit is first secured In each case. Section 4.64 Building Site Area Re- quired: (a) For each main building -Mini- mum two thousand (2000) square feet. Section 4.65 Yards Required: (a) Front Yards: None, except where the frontage In a block Is partially In an "R" District, in which case the front yard shall be the same as re- quired in such "R" District. Side thesideof ar of buts upods: None n cept where ththe side of a lot in an "It" District, in which case the side yard shall be not less than five (5) feet. (c) Rear Yards: None, except where the rear of a lot abuts on an "It" District in which case the rear yard shall be not less than five (5) ft. (d) Rear Yards abutting an alley; minimum ten (10) feet. Section 4.7 Industrial District or M District. The following regulations shall apply In all M Districts and shall be subject to the provisions of Chapter 6. Section 4.71 Uses Permitted: (a) Retail and wholesale stores or storage service establishments, light Industrial and manufacturing uses and any other uses which in the opinion of the Planning Commission are of similar nature. (b) Signs attached to the main build- ing and appurtenant to any permitted use. Section 4.72 Uses Permitted, subject to first securing a use permit in each case: (a) All uses permitted in any "It" District and motels and hotels. (b) Industrial or manufacturing uses, which in the opinion of the Planning Commission may be objectionable by reason of production of offensive odor, dust, noise bright lights, vibra- tion, or Involvfhg the storage or handling of explosives or dangerous materials, and all the uses listed here- under: Auto wrecking, salvage or gas, or other hydro- s; commercial exca- g or construction ma- n of bones, dumping. garbage, sewage, offal, dead animals, or refuse, fat rendering; manufactur- ing or storage of acid, cement, explo- sives or fireworks, fertilizer, gas in- flammable fluids, glue, gypsum, time or plaster of Paris; stockyards or slaughter of animals, refining of pe- troleum, of Its products, smelting of Iron, tin, zinc, or other ores; hog raising. (c) Signs, other than those apppur. tenant to any permitted use, includ- ing outdoor advertising structures may be permitted. Section 4.73 Building Height Limit: (a) Maximum height of any building -fifty (50) feet provided that addi- tional height may be permitted if a use permit Is first secured. Section 4.74 Yards Required: (a) Front, side and rear yards re- quired -None. Section 4.8 Unclassified District or U District The following regulations shall apply in all Unclassified or "U" Districts and shall be subject to the provisions of Section 6. (Any land within the incor- porated limits of the City now or here. after, and not designated or indicated on the Zoning Map shall be in the Unclassified or "U" District.) Section 4.81 Uses Permitted: hi(a) Allblaw, provided otherwise pro. y provided that a use permit shall first be secured for any use to be established in any "U' District. Section 4.82 Other Regulations: (a) Building Height Limits: Build. Ing site and area required and yards required shall be as specified in the use permit. CHAPTER 5 REGULATIONS FOR SPECIAL DISTRICTS Section 5.1 Regulations for "P" Dis. tricts The following regulations shall apply in all districts with which are combined "P" Districts, In addition to the regu- lations hereinbefore specified therefor, and shall be subject to the provisions of Chapter 6 of this Ordinance; provided however, that If any of the regulations specified in this section differ from any of the corresponding regulations spa cifled in this Ordinance for any district with which is combined an P" Dis- trict then in such case, the provisions of this section shall govern. Section 5.11 Uses Permitted: All uses permitted in the respective districts with which the "P" District Is combined, subject to approval of design of building and design and lo- cation of parking lot, provided how. ever as follows: (a) Off-street parking shall be re- quired in all districts with which the P" District is combined, according to the following formula: 1. Retail stores, 1 parking space for each 300 sq ft. and 1 loading space for each 10,000 sq, ft. of store floor area. 2. Office buildings, 1 parking space for each 300 sq. ft. of floor area. 3. Wholesale and Industry, 1 park- ing space for each 5 empployees, and 1 loading space for eaeh 10,000 sq. ft. of floor area. 4. Restaurants, 1 parking space for each six (6) seats. 5. Public assembly, I parking space for each six (6) seats. 6. Theatres, I parking space for each six (6) seats. 7. Hotels, 1 parking space for each four (4) guest rooms. 8. Hosppltals, 1 parking space for each 1,000 sq. ft. of floor area. 0. Clinics and medical centers, 1 parking space for each 300 sq. ft. of floor area plus one space for each doctor and staff member. Section 5.12 Building Location: In case no building line is established by the Street and Highway Plan of the Master Plan of the City or by the pro- visions of this Ordinance for the street on which any building will front, in any District with which an "P" District is combined, no such building shall be erected, constructed, moved or struc- turally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the stand- ing of vehicles which will be incidental to the use of such building. Such dis- tance to be designated by the Planning Commission as a part of the action on for alans permitsubmfoirtosuch building, as d with the application provided In Section 6.5 of this Ordinance. Section 5.2 Planned Community Dis- trict or P-C District The following regulations shall apply In all "P-C" Districts and shall be sub- ject to the provisions of Chapter 6 of this Ordinance, except that where con- flict in regulations occurs the regula- tions specified in this section shall ap- ply: Section 5.21 "P-C" Districts may be established on parcels of land which are suitable for, and of sufficient size to contain a planned community for which complete development plans have been submitted and approved. (30 acre minimum site.) Section 5.22 Application for the es- tablishment of a `P-C" District shall Include an application for a use permit for all developments within the Dis- trict. Such application for a use per- mit shall include the following: (a) A map, or maps showing: 1. Topography of the land, one foot contour Intervals. 2. Proposed street system and lot design. 3. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi -public buildings and other such uses. 4. Areas proposed for commercial uses, off-street parking, multiple Ingl e gle family dwellings and all other uses proposed to be estab- lished within the district. 5. Proposed locations of buildings on the and. (b) Elevations of all proposed build- ings and structures other than single- family residences. (c) Other data and information which may be deemed necessary by the Planning Commission for proper consideration of the application. Section 5.23 Uses Permitted: (a) All uses permitted in "R-1", "R-2 , "R-3" and "C-1" Districts, sub- ject fo the securing of a use permit as specified in Section 7.2. (b) Additional uses which are, In the opinion of the Planning Commis- sion proper uses to be included in the total development within a particular P-C" District. (c) Building Height Limit: 1, "R-1" and 11R-2" uses -Main building thirty-five (35) feet; acces- sory buildings, twenty (20) feet. 2. "R-3" and "C-1" uses -forty-five (45) feet. (d) Building Site Area Required: 1. "R-111, "R-2" and "R-3" interior lots, six thousand (6000) sq. ft., and corner lots seven thousand (7000) sq. ft. (e) Front, side and rear yards and percentage of site coverage: 1. Same as required for the par- ticular uses in the district in which they are otherwise permitted by this Ordinance. (f) Off-street parking required: 1. One (1) garage space or car port for each single family unit or each unit in any duplex. 2. One (1) automobile parking space for each dwelling unit in any multiple unit or apartment building. 3. A minimum of one square foot of off-street parking space for each square foot of actual floor space to be occupied by commercial buildings or structures. 4. Parking required for all other uses shall be as set forth in Sec- tion 4.46. (g) The regulations specified in this sub -section may be varied when such variance will result in improved de- sign of the development and will permit desirable arrangement of structures in relation to parking areas, parks and parkways, pedestrian walks and other such features, provided thai no variance may be granted to allow uses other than those specified. Section 5.3 Regulations for "B" Dis, tricts. -3- The following regulations shall apply In lieu of building site area, yard and lot width requirements in the respective A1, R-2, R-3 Districts where such Dis- tricts are combined with the "—B" Dis- trict and shall be subject to the pro- visions of Chapter 6. All other provi• sions of the respective districts shall apply, Minimum Minimum Combining Building Lot Designation Site Area Width "B-1" 10,000 sq. ft. 80 ft. "B-2" 20,000 sq. ft, 100 ft. "B-3" 40,000 sq. ft, 125 ft. Minimum Minimum Front Yard Side Yard Depth Widths 25 ft. 10 ft. 30 ft. 15 ft. s0 ft. 20 ft. CHAPTER 6 GENERAL PROVISIONS AND EXCEPTIONS The regulations specified for this Or- dinance shall be subject to the following general provisions and exceptions: Section 6.1 Uses: (a) No theatre, circus, carnival, amusement park open air theatre, race track, private recreation centers, or other similar establishments in- volving large assemblages of people and automobiles shall be established in any District unless and until a use permit is first secured for the establishment, maintenance, and op- eration of such use. (b) No dance hall, road house, night club, commercial club, or any estab- lishment where liquor is served, or commercial place of amusement or recreation whether as social eom- panlons or otherwise, shall be estab- lished in any C-1 or C-2 District, un- less a use permit shall first have been secured for the establishment main- tenance and operation of such use. (e) Accessory uses and buildings in any C or M District may be permitted where such uses or buildings are In- cidental to and do not alter the char- acter of the premises in respect to their use for purposes permitted to the District. Such accessory buildings shall be allowed only when con- structed concurrent with or subse- quent to the main building. (d) The removal of minerals, earth and other natural materials, mayy be permitted in any district providing a use permit shall first be obtained In each case from the Planning Com- mission. Section 6.2 Height Limits: (a) Chimneys, cupolas, flag poles, monuments, gas storage holders, ra- dio and other towers, water tanks and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a use permit is first obtained In each case. (b) No fence, hedge or screen plant- ing of any kind shall hereinafter be constructed or grown in any "317) District to exceed six (6) feet in height, unless required by law, within any required side yard to the rear of the front line of any dwelling or along any rear property line, nor to ex- ceed three (3) feet in height along the property line to the front of any dwelling or within thirty-five (35) feet of the street corner on any corner lot. Section 6.3 Building Site Area: (a) Any lot or parcel of land under one ownership and of record on the effective date of this Ordinance and where 'no adjoining land is owned by the same person may be used as a building site even when of less area or width than that required by the regulations for the district in which it Is located, Section 6.4 Yards: (a) Architectural features such as cornices, eaves and canopies excluding bay windows, may not extend closer than three (3) feet to any side lot line. (b) Open uncovered porches, land- ing places or outside stairways may project not closer than three (3) feet to any side lot line, and not exceed- ing six _ (6) feet into any required front yard. . (c) Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this Ordinance be con- strued as permitting any encroach- ment upon any Official Plan Line. (d) In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall or common roof with the main building and shall comply in all respects with the re- quirements of this Ordinance ap- plicable to the main building Unless so attached an accessory building in an `It" District shall be located on the rear one-third (1/3) of the lot and at least ten (10) feet from any dwell- ing building existing or under con- struction on the same lot or any adjacent lot. In the case of a corner lot said accessory building not to project beyond the front yard re- quired or existing on the adjacent lot. (e) Every building or portion there- of which is designed or used for any dwelling purpose in any "C" District shall comply with the provisions of this Ordinance as to side yards which are required in "It" Districts; provided that when the ground floor of any such building is used for any com- mercial purpose, no side yard shall be required. Section 6.5 Architectural Control: (a) In case an application is made for a permit for any building or struc- ture in any "C" or "M" District, said application shall be accompanied by architectural drawings or sketches showing the elevations of the pro- posed building or structure and pro- posed landscape or other treatment of the grounds around such building or structure. Such drawings or sketch- es shall be considered by the Plan- ning Commission in an endeavor to or structure and grounds be in keep- ing with the character of the neigh- borhood and such as not to be detri- mental to the orderly and harmonious development of the city or to impair the desirability of investment or oc- cupation in the neighborhood. (b) The Planningg Commission may oppotnt an Architectural Committee of three members. (c) The Architectural Committee shall have authority to approve ar- chitectural sketches within the mean- ing of Section 6.5 of this Ordinance. (d) In case the applicant is not satisfied with the decision of the Architectural Committee, he may within fifteen (15) days after such action appeal In writing to the Plan- ning Commission. The Architectural Committee, may if it deems It ad- visable, refer any appplication for ar- chitectural approval to the Planning Commission for its decision. (e) In case the applicant is not sat- isfied with the action of the Plan- ning Commission, he may within thirty (30) days appeal In writing to the City Council, and said Council shall render its decision within thirty (30) days, after the filing of such ap- peal, (f) No permit shall be issued it any case hereinabove mentioned until such drawings and sketches have been ap- proved by the Planning Commission or by the City Council in the event of appeal from the Planning Com- mission and all buildings, structures and grounds shall be in accordance with the drawings and sketches. CHAPTER 7 NON -CONFORMING USES: (a) The lawful use of land existing att the time of the adoption of this Ordinance, although such use does not conform to the regulations here- in specified for the district in which such land is located, may be con• United provided that no such use shall be enlarged or Increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this Ordinance, and that if any such use ceases, the subsequent use of such land shall be In conformity to the regulations spe- cified by this Ordinance for the dis- trict in which such land is located. (b) The lawful use of building ex- Isting at the time of the adoption of this Ordinance may be continued, although such use does not conform to the regulations specified for the district in which such building Is located. (c) The non -conforming use of a portion of a building may be extend- ed throughout the building provided that in each case a use permit shall first be obtained, (d) The non -conforming use of a building may be changed to a use of the same or more restricted nature provided that in each case a use per- mit shall first be obtained. (e) If the non -conforming use of a building ceases for a continuous per- iod of six (6) months, it shall be con- sidered abandoned and shall there- after be used only in accordance with the regulations for the district in which it is located. (f) A non -conforming building dam- aged or destroyed by fire. exoloslon. the assessor's records may be re- stored only if made to conform to all the regulations of the district in which it Is located provided that such building may be restored to a total floor area not exceeding that of the former building if a use permit is first secured in each case. (9) Ordinary maintenance and re- ppairs may be made to any non -con- forming building providing no struc- tural alterations are made and pro- viding that such work does not ex- ceed fifteen (15) percent of the ap- praised value in any one (1) year may beOptlermlttedairs provided that alterations use permit shall first be secured in each case. (h) Nothing contained in this Ordi- nance shall be deemed to req!ire any change in the plans, constructions or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of Ordinances then effect- ive, and upon which actual con- struction has been started prior to the effective date of this Ordinance provided that in all such cases actua{ construction shall be diligently car- ried on until completion of the build- ing. CHAPTER 8 ZONING PERMITS Section 8.1 Zoning permits shall be required for all buildings and struc- tures hereinafter erected, constructed, altered, repaired or moved within or Into any district established by this Ordinance, and for the use of vacant land or for a change in the character of the use of land within any district established by this Ordinance. Such permit may be a part of the building permit. CHAPTER 9 Use Permits Section 9.1 Use permits, revocable conditional or valid for a term period may be issued for any of the uses or required for r which such permits are permitted by the terms of this Ordinance. Section 9.2 Application: Application for use permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and ele- vations necessary to show the detail of the proposed use of building. Such ap- plication shall be accompanied by a fee of ten dollars ($10.00). Section 9.21 Public Hearings: (a) No public hearing need be held thereon, provided that the Planning Commission may hold any hearings, as it deems necessary. (b) In case a public hearing is deemed necessary, a notice of such hearing shall be posted on the prop- erty involved or adjacent thereto at ,cast ten (10) days prior to such hear- ing. Section 9.22 Action by Commission: (a) In order to grant any use per- -4— mit the findings of the Planning Com- mission shall be that the establish- ment, maintenance or operation of the use of building applied for will not tinder the circumstances of the particular case be detertmental to the health, safety, peace, morals, com- fort and general welfare of persons residing or working in the neighbor. hood of such proposed use or be detri. mental or injurious to property and improvements in the neighborhood or to the general welfare of the City. (b) The Planning Commission may designate such conditions, in eonnec• tlon with the use permit, as it deems necessary to secure the purposes of this Ordinance and may require such guarantee and evidence that such conditions are being or will be com- plied with. Section 9.23 Appeal: (a) In case the applicant is not satisfied with the action of the Plan- ning Commission he may within five (S) days appeal in writing to the City CCouncil. (b) The City Council shall set date for public hearing and shall post no- tices as set forth In Section 7.22 (b). Notice shall also be given to the Plan- ning Commission of such appeal and the Planning Commission shall submit a report to the City Council setting forth the reason for action taken by the Commission, or shall be repre- sented at the hearing. (c) The City Council shall render its decision within sixty (60) days after the filing of such appeal Section 9.24 Effect: No building or zoning permit shall be issued in any case where a use permit is required by the terms of this Ordi- nance until five (5) days after the granting of such use permit by the Plan. ning Commission or after granting of such use permit by the City Council In the event of appeal and then only in accordance with the terms and con- ditions of the use permit granted. CHAPTER 10 VARIANCES AND APPEALS Section 10.1 Where practical difficul- ties, unnecessary hardships and results Inconsistent with the general purpose of this Ordinance may result from the strict application of certain provisions thereof, variance may be granted as provided in this Section, provided how- ever that no change in the use of land or structures shall be granted under the provisions of this Chapter. Section 10.11 Application: (a) Application for variance shall be made in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee of fifty dol- lars (650.00) and statement, plans and evidence showing: 1. That there are exceptional or extraordinary circumstances or con- ditions applying to the land, build - in or use referred to in the appll- cat(on, which circumstances or con- ditions do not apply generally to land, buildings, and/or uses in the same district, and 2. That the granting of the ap- plication Is necessary for the pres- ervation and enjoyment of sub. stantial property rights of the peti- tioner, and 3. That the granting of such ap- plication will not, under the cir- cumstances of the particular case, materially affect adversely the health or safety of persons resid- ing or working in the neighbor- hood of the property of the ap- plicant and will not, under the cir- cumstances of the particular case, be materially detrimental to the public welfare or injurious to PTO pp- erty or improvementsin said neigh- borhood. Section 10.12 Public Hearing: (a) A public hearing shall be held within forty-five (45) days after filing of application, notice of which shall be given by one (1) publication in a newspaper of general circulation in the city at least ten (10) daYys prior to such hearing and by posting no- tice on the property involved, or adjacent thereto, at least ten (10) days prior to such hearing. Section 10.13 Action by Commission: lic (a) After the conclusion of the pub - hearing, the Planning Commis. sion shall make a written finding of facts showing whether the qualifica- tions under Section 10.11 (a) app)y to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general pur ose of this Ordinance. Such , written finding of facts shall be submitted to the City Council within thirty (30) days after the pub- lic hearing and may Include recom- mendations for such conditions as the Planning Commission deems neces- sary to secure the purposes of this Ordinance. Section 10.14 Action by City Council: (a) The City Council shall consider the application for variance within thirty (30) days after receipt of the Planning Commission report, and, if the City Council finds that the quali- fications under Section 10.11 (a) apply to the land, building or use for which variance is sought and that such variance is in harmony with the gen- eral purposes of this Ordinance, said City Council shall by resolution grant such variance. (b) The City Council may designate such conditions in connection with the variance as it deems necessary to se. cure the purposes of this Ordinance and may require such guarantees and evidence that such conditions are being or will be complied with. Section 10.2 Appeals: Section 10.21 The Planning Commis- ston shall have the power to hear and decide appeals based on the enforce. ment or interpretation of the provisions of this Ordinance. Section 10.22 In case an applicant is not satisfied with the action of the Planning Commission on his appeal he may within fifteen (15) days appeal in writing to the City Council. Section 10.23 Notice shall be given to the Planning Commission of such ap- peal and a report shall be submitted by the Planning Commission to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council meeting. Section 10.24. The City Council shall render its decision within thirty (30) days after the filing of such appeal. Section 10.3 Revocation of Permits or Variances: Section 10.31 Any zoning permit, use permit, or variance granted in accord- ance with the terms of this Ordinance shall be revoked if not used within one (1) year from date of approval. Section 10.32 Any zoning permit, use permit, or variance granted in accord- ance with the terms of this Ordinance may be revoked if any of the condi- tions or terms of such permit or var. fiance are violated or if any law or ordi. nance is violated in connection there. with. Section 10.33 The Planning Commis- sion shall hold a hearing on any pro- posed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing and shall sub- mit its recommendations to the City Council. The City Council shall act thereon within thirty (30) days after receipt of the recommendations of the Planning Commission. CHAPTER 11 AMENDMENTS Section 11.1. This ordinance may be amended by changing the boundaries of districts or by changing any other provisions thereof whenever the public necessity and convenience and the gen- eral welfare require such amendment by following the procedure of this sec- tion: Section 11.11 Initiation: (a) An Amendment may be initiated by: 1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Plan- ning Commission and shall be ac. comppanted by a fee of fifty dollars ($50.00), or 2. Resolution of Intention of the City Council, or by 3. Resolution of Intention of the Planning Commission. Section 11.12 Public Hearings: (a) The Planning Commission shall hold at least one public hearing on any proposed amendment which pro- poses a boundary change or reclas- sification of districts. The Planning Commission shall give notice thereof by at least one publication in a news- hin the City at general lten (10)tion dapawppirior to the public hearing. No public hear- ing need be held on any proposed amendment to the text of this ordi- nance or regulations specified for the districts unless such proposed amend- ment involves elimination of a use al- lowed In a district. sf the neftecniis In case change boundar- iesamendment of any district so as to reclassify property from any district to any other district, the Planning CommW slon shall give additional notice of the time and place of such hearings and of the purpose thereof by posting at least three (3) public notices there- of not less than ten (10) days pprior to the date of the firs tt of such hcar- ings along streets upon which the property proposed to be reclassified abuts. Each such notice shall consist of the words "Notice of Proposed Zoning Change" In letters not less than one (1) Inch in height, and in addition thereto, a statement in small letters setting forth a general descrip- tion of the property involved in the proposed change of district, the time and place at which the public hear- ings on the proposed change will be held and any other Information which the Planning Commission may deem to be necessary. (c) Any failure to post notices as aforesaid shall not invalidate any ppro- ceedings for amendment of this zon- ing Ordinance. Section 11.13 Action by Planning Com- mission: (a) Following the aforesaid hear- Ings the Planning Commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the City Council an attested copy of such report within ninety (90) days after the notice of the first of said hearings; provided that such time limit may be extended upon the mu- tual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission so to re- port within ninety (90) days without the aforesaid agreement, shall be deemed to be approval of the pro- posed amendment by the Planning Commission. Section 11.14 Action by City Council: (a) Upon receipt of such report from the Planning Commission or upon the expiration of such ninety (90) days as aforesaid, the City Council shall set the matter for public hearing after notice thereof any of the proposed nearing the City Council may adopt the amendment or any part thereof set forth in the petition in such form as said Council may deem to be ad- visable. Provided further that no no- tice need be given nor a public her- Ing be held on any amendment which does not involve a change in the boundaries of districts or zones or reclassification of pproperty or changes the ))uses allowed in any of the zones. shall The decision ends ed ofthe i sixty (6 it Y (002 days after the receipt of a roport an recommendations from the Planning Commission or after the expiration of ninety (90) days as aforesaid. CHAPTER 12 DEFINITIONS Section 12.1 For the purpose of this ordinance, certain terms used herein are defined as follows: Section 12.11 "ALLEY" Any public thoroughfare which affords only a sec- ondary means of access to abutting property. Section 12.12 "AUTOMOBILE COURT" A group of 2 or more detached or semi- detached buildings containing guest rooms or apartments with automobile -5- CITY OF PETALUMA SONOMA COUNTY • CALIFORNIA ZONING MAP i ALF IN FEET WE HEREBY CERTIFY THAT TXUE CITY PLANNING COMMISSION OF THE CITY OF PETALUMA STATE OF LAFORNIA, DID BY RESOLUTION ADOPTED ON THE oAy OF 1954, APPROVE THIS MAP AS SECTION 3 2 OF THE PROPOSED ZONING OROMANCE OF THE CITY OF PETALUMA RECOMMENDED BY SAID COMMISSION FOR ADOPTION BY TINE CRY COUNCIL OF THE CITY OF PETALUMA, STATE OF CAL FORNIA. CN4ArAY CITY rurN1"� COYYI551 3ECIIETAAY, CITY RAYNINO COYYIlSIOM WE -HEREBY CERTIFY THAT THIS MAP CONSTITUTES SECTION 32 OF ORDINANCE NO. THE ZONING ORDINANCE OF THE CITY OF PE TA LUNA. STATE OF CALIFORNIA, INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PETALUMA ON THE DAY OF 1954 AND PASSED AND ADOPTED AS AN OROINANCE BY SAID CITY COUNCIL ON THE DAY OF _ 1954. NAW", CITY p nTAL- -CITY CLFA", CITY d iµw. - LEGEND - R•1 SINGLE FAMILY RESIDENTIAL DISTRICT R-2 DUPLEX RESIDENTIAL DISTRICT R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT C-1 NEIGHBORHOOD COMMERCIAL DISTRICT C-2 CENTRAL COMMERCIAL DISTRICT C-3 HEAVY COMMERCIAL DISTRICT M INDUSTRIAL DISTRICT U UNCLASSIFIED DISTRICT P COMBINING DISTRICT P-C PLANNED COMMUNITY DISTRICT B COMBINING DISTRICT. � Ry R" R., storage space serving such rooms or apartments provides in connection therewith which group is designed and used primarily for the accommodation of transient automobile travelers. Section 12.13 "BOARDING HOUSE" A dwelling other than a hotel where lodg- ing or lodging and meals for three (s) or more persons Is provided for com- pensation. Section 12.14 "BUILDING" Any struc- ture having a roof supported by col- umns or by walls and aesigned for the shelter or housing of any person, ani- inal or chattel. Section 12.15 "BUILDING, ACCES. SORY" A subordinate building, the use of which is Incidental to that of the main building on the same lot and/or building site. Section 12.16 "BUILDING, MAIN" A building in which Is conducted the prin. cipal use of the lot and/or building site on which it is situated. Section 12.17 "BUILDING SITE" A lot or parcel of land, In single or joint ownership, and occupied or to be oc- cupied by a main building and aaces. gory buildings, or by a dwelling group and Its accessory buildings, together with such open spaces as are required by the terms of this ordinance and hav- ing its principal frontage on a street, road, highway or waterway. Section 12.18 "BUSINESS, RETAIL" The retail sale of any article, substance, or eummodity for profit or livelihood, cunuuuted Within a puflding but not in- ciuuing the sale of lumber or other uuiluiilil materials or the sale of used Lot' secunu-hand goods or materials of .uy kind, i 6tuuull 12.19 "BUSINESS, WHOLE- uALr." The wholesale handling of any aruc.e, substance or commodity for the pruYit ut livelihood, but not including tue nanaling of lumber or other build - Aug materials or the open storage or Said of any material or eommoQlty and nut including the processing or manu. facture of any product or substance. bection 12.20 "CAR PORT" An ac- cessiole and usable covered space of not less than 10x20 feet for storage of alltOmObiles, such car port to be so located on the lot so as to meet the requirements of this Ordimmee for an accessory building, or if attached to the main building to meet all the re- quirements applicable to the main build. ing. Section 12.21 "COMBINING DISTRICT" Any district in which the general dis- trict regulations are combined with -H" for the purpose of adding addl. Uonai special regulations t� i.e., "C-2" combined with -H" (C-2-h) adds the additional requirement of off-street parking. Section 12.22 "DISTRICT" A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are re- quired and certain height limits are es- tablished for buildings, all as set forth and specified in this Ordinance. Section 12.23 "DWELLING, ONE SINGLE FAMILY" A building con Wining only one kitchen, designed for or used to house not more than one family, including all necessary em- ployees of such family. Section 12.24 "DWELLING TWO FAM- ILY OR DUPLEX" A singe structure under one roof, designed and/or used to house not more than two families, living independently of each other, In- cluding all necessary employees of each family. Section 12.25 "DWELLING, MUL- TIPLE" A building or portion thereof used and designed as a residence for 3 or more families living independently of each other, and doing their own cooking In said building, including apartment houses, apartment hotels and flats, but not including automobile courts. Section 12.26 "DWELLING GROUPS" A group of 2 or more detached or semi- detached 1-family, 2-family, or multiple dwellings occupying a parcel of land, In one ownership and having any yard or court in common, but not including automobile courts. Section 12.27 "FAMILY" One or more pparsons oeeup g a premises and liv- 1ng as a singe housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to Include necessary servants. Section 12.28 "GARAGE" An accessible and usaole covered space of not less than 10x20 feet for storage of automo- biles such garage to be so located on the lot so as to meet the requirements of this Ordinance for an accessory build- ing. Section 12.29 "GARAGE SPACE" An accessible and usable space of not less than 8x20 tdet for the parking of auto. mobiles off the street, such space to be so located on the lot so as to meet the requirements of this Ordinance for an accessory building. Section 12.30 "HEIGHT OF BUILD. INGS" The vertical distance from the average level of the highest and low- est point of that portion of the lot covered by the building to the topmost point of the roof. Section 12.31 "HOTEL" Any building or portion thereof containing six (6) or more guest rooms used, designed or Intended to be used, let, or hired out to be occupied or which are occu. pied by six (6) or more individuals for compensation whether the compensa. Won for hire be paid directly or indi- rectly. Section 12.32 "JUNK YARD" The use of more than 100 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metals, salvage or other sera pp materials or for the dis. mantling of "wrecking" of automobiles or other vehicles, or machinery whether for sale or storage. Section 12.33 "NON -CONFORMING USE" A use that does not conform to the regulations for the district in which it is situated. Section 12.34 "OPEN PORCH" An open, uncovered and unenclosed land- ing platform. Section 12.35 "PARKING SPACE" An accessible and usable space on the building site at least 8x20 feet located off the street with access for the park. ing of automobiles. Section 12.36 "PROFESSIONAL OFFI. CES" Offices to be occupied by doc- tors, lawyers, accountants, engineers. Section 12.37 "ROOMING OR BOARD- ING HOUSES" A dwelling other than a hotel where lodging and/or meals for 3 or more persons are provided for compensation, Section 12.38 "REST HOME" A struc. ture used for rooming and boarding of ambulatory patients which use required a permit or license from an agency of the County or State. Section 12.39 "SIDE AND FRONT OF CORNER LOTS" For the purpose of this ordinance the narrowest frontage of a corner lot facing the street is the front and the longest frontage facing the intersecting street is the side Ir- respective of the direction in which the dwelling faces. Section 12.40 "STREET" A public or private thoroughfare which affords prin- cipal means of access to abutting prop- erly, Including avenue, place, way, drlvc, lane, boulevard, highway, road, and any other thoroughfare except an alley as herein defined. Section 12.41 "STREET LINE" The boundary between a street and prop- erty. Section 12.42 "STRUCTURE" Anything constructed or erected, the use of which required location on the ground or at- tachment to something having location on the ground. Section 12.43 "STRUCTURAL ALTER- ATIONS" Any change in the supporting members of a building, such as bearing walls columns, beams or girders. Section 12.44 "TRAILER COURT" Land or premises used or intended to be used let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. Section 12.45 "USE" The purpose for which land or premises of a building therein is designed arranged, or in- tended or for whle{i It is or may be occupied or maintained. Section 12.46 "USE -ACCESSORY" A use incidental and accessory to the - 8 - Locatedaonuthe s me lot, or a building Section 12.47 "YARD" An open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise per- mitted in Section 6.4. Section 12.48 "YARD -FRONT" The narrowest dimensions of a lot facing upon a street. A yard extending across Me front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest line of the building, provided that if any building line or Official Plan Line has been established for the street upon which the lot faces, then such measure- ment shall be taken from such Building Line or Official Plan Line to the near- est line of the building. Section 12.49 ' YARp-REAR" A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. Section 12.50 "YARD -SIDE" A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. CHAPTER 13 INTERPRETATION Section 13.1 When interpreting and applying the provisions of this Ordi- nance, they shall be held to be the minimum requirements adopted for the Promotion of'the public health, safety, comfort, convenience and general wel- fare. Except as specifically herein pro- vided it is not intended by the adoption of E6 Ordinance to repeal, abrogate, annul, or in any way to impair or inter- fere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted ur issued teration, or enlargement of any building or improvement- nor is it intended by this Ordinance to Interfere with or ab- rogate or annul any easement, covenant or other agreement between parties; provided, however, that In cases in which this Ordinance imposes a greater restriction upon the erection, construc- tion, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in said several districts or any of them, than is Imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or per- mits or by such easements, covenants or agreements, then in such case the provisions of this Ordinance shall con - CHAPTER 14 ENFORCEMENT PENALTIES AND LEGAL kOCEDURE Section 14.1 Ali departments, official and public employees of the City of Petaluma, vested with the duty or au- thority to issue permits or licenses shall conform to the provisions of this Ordi- nance, and shall Issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Ordinance; and any such permit or li- cense Issued in conflict with the pro- visions of this Ordinance shall be null and void. It shall be the duty of the Building Inspector of the City to en- force the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, al- teration or addition to any building or structure. Section 14.2 Any person, firm or cor- poration, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the pro- visions of this Ordinance, shall be guilty of a misdemeanor, and upon con- viction thereof, shall be punishable by a fine of not more than $300.00 or by Imprisonment In the County Jail of the County of Sonoma for a term not ex- ceeding 150 days, or by both such fine and imprisonment. Such person firm or curporation, shall be deemed to be guillty of a separate offense for each and every day during any portion of which any violation of this Ordinance 1s committed or continued by such person, firm or corporation, and shall be punishable as herein provided. 0 Section 14.3 Any building or struc- ture set up, erected, constructed al- tered enlarged converted, moved or maRained contrary to the provisions of this Ordinance, and any use of any land building or premises established, conWucted, operated or maintained con- trary to the provisions of this Ordl- nance, shall be and the same is hereby declared to be unlawful and a public nuisance* and the City Attorney of said City shall', upon order of the City. Coun- cil, immediately commence action or proceedings for the abatement and re- moval and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction remove such buirant such lding or as struct abate e, and restrain and enjoin any person, firm or corporation from setting up, erecting, butlding, maintaining or using any such building contrary to the provisions of this Ordinance. Section 14.4 The remedies provided for herein shall be cumulative and not exclusive. CHAPTER 15 REPEALING Section 15.1 Ordinance No. 123 NCS is hereby repealed and all amendments thereto, and all other ordinances and pparts of Ordinances of said City in con- fllet with this Ordinance to the extent of such conflict and no further, are hereby repealed provided that noth- ing herein contained shall be deemed to repeal or amend any ordinance of said City requiring a permit or license or both to cover any business trade or occupation. CHAPTER 16 VALIDITY Section 16.1 If any section, sub -sec- tion sentence clause or phrase of this Ordinance isor any reason held by a court of competent jurisdiction to be Invalid such decision shall not affect the vaSldity of the remaining portions of this Ordinance. The City Council hereby declares that It would have passed this Ordinance and each section, sub -section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sub -sections, sen- tences, clauses or phrases be declared Invalid. CHAPTER 17 REFERENCE Section 17.1 This Ordinance shall be known and cited as the Zoning Ordi- nance of the City of Petaluma. Refer- ence to section numbers herein are to the sections of this Ordinance. Ordered published this 19th day of April, 1954. AYES: Councilmen Adams, Bigelow, Brown, Norwood, Schwobeda, Shoe- maker and Mayor Schoeningh. NOES: None. ABSENT: None. Signed VINCENT J. SCHOENINGH Mayor of the City of Petaluma Attest: GLADYS R. WALLIN City Clerk —9—