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HomeMy WebLinkAbout1675ORDINANCE NO. 1675 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CREATING AND ESTABLISHING, AND DIVIDING SAID CITY INTO SEVEN ZONES CONSISTING OF VARIOUS DISTRICTS WITHIN SOME; ALL OR NONE OF WHICH IT SHALL BE LAWFUL, AND WITHIN SOME, ALL OR NONE OF WHICH IT SHALL BE UNLAWFUL OR ERECT, CONSTRUCT, ALTER OR MAINTAIN CERTAIN BUILDINGS OR TO CARRY ON CERTAIN BUSINESSES, TRADES OR CALLINGS; PROVIDING FOR A CERTIFICATE OF OCCUPANCY FOR BUILDINGS USED FOR BUSINESS PURPOSES, AND OTHER REGULATIONS FOR THE OCCUPANCY AND USE OF PROPERTY IN SAID CITY, AND REPEALING ORDINANCE NOS. 1250 AND 1437. as follows: ~;~r /:"; .J ,,', ~0:' :i'. j{ PUlLOOSE AND DD~'INITIONl -'. << "'t.' A]1TICLE I. {f SECTI01!i~: ~..~ neoessity, safeti and welfare in and of the citY~f -l f, that seven zone~consisting of' various districtsft.s .~, '." ~.t. That the Dublic health. comfot\;, interest, oonvenience, , San Bernardino require herein de scr;.bed be established, an~,that the classes of buildings, structures and improvements :n said severalj~Ones be presoribed, and that th&:use of property in said .,.\"" zones, respecti~J" be defined and regulated in :~he manner herein set forth. herein ;f," 'SECTION,~: ":~' "-'\>, . in the pt~Bent tense shall include the f'utllre; all words in the nlural "'-~ That f'or the purpose of' this 'Qrdinanoe, all words used t, ~.t number shall inolude the singular number; and all Words in the singular number shall inolude the plural number. k' " , ~ SECTION $, Vihenever in this Ordine.noe tht following words and ~,<: v) ',j phrases set fort~ in this Seotion are used, they.hall, for the purpose of' this Ordinanoe,~ve the meanings resnectively asCribed to them in this ',.?;' ',4 ';j "ALLEyn~~:A publio ,vay or thoroughfare f~~vehicular traffio whioh ~, \,'. ~l'~' does not oonsti~e a named street or highway wit~n the CitJ'i "ACCESS~". A subordinate building or .tion of main building the use of w"i ch is'.cidental to that of' tho main b#,lding, and. located on the se.me lot or par~ of land; "ie' ' Seotion. tf.t'..J.:'>~:\'~~7:,".ENT". 1\.. room or S' ite of tVlO or nore rooms in D. tcnenent or aDHrt~~lent hou.se occu"Jied or sl)itable for occUlx--\noy as a residence for one 1 2 3 4 /) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 family living separately, and in w'lich provision has been made for cooking or preparation of food for such family; "APARTb1ElJT hOGSE". An~r building, or :;?ortion thereof, ....rhich is de- signed, intended, built, rented, leased, let or hired out to be occupied, or w1.-ich is ocoupied as the home or residence of three or more fa..milies living independently of each other and doing their mvn cooking in such building; "AUTOlIOBILE SERVICE STATION". A building or premises used, or in- tended to be used, for the dispensing of motor fuels and oils; including lubrication pit or hoist, but not including "GARAGE". "AUTOl,"OBILE WRECKING YARD". See "JUNK YARD"; "iJASEKENT". One story partly underground and having one-half or more of its heit,ht measured from its floor to its finished ceiling above the average adjoining grade. A basement shall be considered a story if the vertioal distance from the average adjoining grade to its ceiling is over five (5) feet; "BOAPJJING HOUSE" or "ROOMING FOUSE". A dwelling having only one kitchen and used or intended to be used to house more than four (4) but not more than ten (10) persons in addition to members of the family oocupying such dwelling, and in which meals may be served to not more than fifteen (15) persons in addition to members of said family; "BUILDING". A structure for the support, shelter or enclosure of persons, animals or chattels; and when separated by division of walls of masonry without openings, and extending from the floor to the ceiling, each portion of suoh building so divided and set apart shal1 be deemed a separate building; "BUNGALCW COURT". Three or more detached one story, one or two family dwellinf's, located upon a single lot or parcel of land, together with all open spaces as required by this Ordinance; "BUSINESS Atm COllilcERCE". The purchase, sale, or other transaction involving the handling or disposition of any article, substance or cmmnodity for profit or livelihood, inclUdinG the ownership or manar:ement of office -2- 1 buildings I of~ices. recreational and amusement enterprises; "CLUB". An association of persons for SOrle conunon non-profit purpose 2 3 but not inoluding groups organized primarily to render a servioe whioh is 4 customarily carried on as a business; 6 "COliITHSSION". The CITY PLANNING COMEISSION of the Cit:,' of San 6 Bernardino; 7 "DISTRICT". An entire ci t:,' block or any part thereof, and two or 8 more contiguous blocks; 9 "DUPLEX". See ""1J!iELLIlTG" (Two family); 10 "D:mLLING" (Single family). A bUilding containing only one kitchen 11 designed for or used to house not more than one family, and within which not 12 more than five persons may be lodged or boarded for hire at one time; 13 "m'iELLING" (Two family). A detached building designed for and oc- 14 cupied exclusively by two families living independently of each other; 15 "D1'IELLING" (Multiple family). A building or buildings, other than 16 a hotel, designed for or used to house more than two families living in- 17 dependently of eaoh other, including all neoessary employees of eaoh suoh 18 family; 19 "EDUCATIONAL INSTITUTION". The Use of any Dremises for the purpose 20 of developing and cultivating the various intellectual, physical and moral 21 faculties of the individual, but does not include a trade school or musical 22 inst itution; 23 "FAMILY". One person living alone or two or more persons living to- 24 gether, whether related to each other by birth or not; 26 "FU.T". A buildinf. containinf. three or more dwe11 in,gs , each having 26 an outside street entrance; 27 "GAItAGE" (Commercial). Any premises, except those herein defined as 28 a private or storage garaf.e, used for the storage or care of self-propelled 29 vehicles, or where any such vehicles are equipped for operation or repaired, 30 or kept for remuneration, hire or sale; 31 "GARAGE" (Private). An accessory bUilding or an accessory portion of 32 the main bUilding, designed or used only for the shelter or stora!';e of vehicles o.med or operated by the occupants of the main building. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "GAHAGE" (Stora.re). Any premises, except those herein defined as a private ~ara~e used exclusively for the purpose of storage of self-propelled vehicles; "GUEST HOOM". A room weich is intended, arran<,:ed, or designed to be occupied or which is occupied by guests, but in wc-ich no provision is made far cookin~ and not including dormitories for sleeping purposes; "HOTEL". Any building or portion thereof containing six or more ruest rooms used, designed, or intended to be used, let cr hired out to be occupied or which are occupied, by six or more individuals for compensation, whether the compensation for hire be paid directly or indirectly; "INDUSTRY". The storage, repair, manufacture, preparation, pro- cessing, or treatment of any article, substance or commodity; "INDUSTHIAL BUILDING". A buDdinI': devoted to or desirned for the purpose of the storage, repair, manufacture, preparation, nrocessing, or treatment of any article, substance or commodity whatsoever; "JUNK". Cast-off or salvage material of any sort that is sold, traded or put to use in other than ti,e original form in which it was manu- factured including rags, bottles, sacks, scrap iron or other salvage material, but not including articles suoh as reoonditioned seoond-hand furniture or fixtures; "JUNK YARD". The use of a paroel of land for the storage of junk in- oluding scrap metals or other scrap materials, or for the dismantling or "wreoking" of automobiles or other vehioles or maohinery; "KITC~l". Any room used or intended or designed to be used for oooking and/or the preparation of food; "LOT". A p3.rcel of land abutting on at least one street or alley. Where no alley exists, the rear line of a lot havinl'" a f ronta"e on t'\vo parallel or approximately parallel streets shall be oonsidered as equidistant from suoh streets, except w"ere the full len!;th or depth of suoh lot is thereby rendered less than 125 feet, in ,,;"ioh case the rear line of such 10t shall be a line parallel wi th and 125 feet "rom fue front line cf suoh lot; -4- 1 "LOT" (Corner) 0 A lot two or mOre sides of wioh abut UI)on a dedi- 2 cated public street; 3 "LOT" (Inside). A lot which abuts upon a single dedicated public 4 street, subject to the definition of the word "lot" as hereinabove set forth; o "LOT" (Ke~'). The first lot 'co the rear of a corner lot, the front 6 line of such key lot frontin~ upon the side street for such corner lot; 7 "LOT" (Th.rough). A corner or inside lot having frontage on two 8 parallel or approximatel,' parallel streets, or t\vo streets the center lines 9 of w!"ich, if :Jrojected, would not make an angle of more than thirty (30) 10 degrees; 11 12 "LOT AliEA ". The total horizontal area included within lot lines; "LOT DEPTH". The a verar:e horizontal distance from the front lot line 13 to the rear lot line measured in general direction of the side lot lines; 14 "LOT WIDTH". The average: orizontal distance between the side lot 15 lines measured in the general direction of the front lot lines; 16 "LOT LINE". The established division lines between parcels of prop- 17 erty, public or private; 18 "LOT LINE" (Front). The line separating the lot from the street in 19 the oase of an inside lot, and the line separating the narrowest street 20 frontage of the lot from the street in the case of a corner lot; 21 "LOT LINE" (Rear). Tlle lot boundary line which is opposite to and 22 most distant from the front lot line; 23 "LOT LI1~" (Side). Any lot boundary line not a front lot line or a 24 rear lot line; 25 "LllliBER YARD". A parcel of land used, or intended to be used for the 26 purchase and snle of lumber, lath and shingles, roofing, sash, and doors, 27 paint and varnish, nlaster and other miscellaneous building supplies (does 28 29 not include a 1fj;',1...::..'l'ERIAL YAJD"). "UATEllIAL YARD". A parcel of land used, or intended to be used, for 30 the storage of lumber, pll@bing or electrical fixtures, water or drain pipe, 31 sash and doors, and/or miscellaneous building supplies; 32 -5- 1 2 3 4 I) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 "NONCONl<'OR1\ING USE". A use of nroperty within said City at the time of the enaotment of tris Ordinanoe, or any amendment thereto, whioh does not oonform to the use permitted under the provisions hereof in the zone in whioh suoh property is situated; "PUBLIC STP.EET". All land, hii';hwa.ys and thoroughfares dedioated to or oondemned for use as publio higmve.ys, or established by use or otherwise as nublio thoroughfares; ./ "SEALL" and "AiIl.Y". "Shall" is mandatory and "may" is permissive; "SPECIAL PEPJHT". A nermit granted by the Fayor and Common Counoil for the use of nroperty w',ioh does not oonform to the Use permitted in the zone in w~ioh suoh Droperty is looated, "STORY". That Dortion of a building inoluded between the surfaoe of any floor and the surfaoe of the next floor above it, or if there be no. floor above it, then the space betw~en the floor and ceiling next above it; "STREET". All boulevards, avenues, places, drives, courts, lanes, walks or other thoroughfares, and shal1 include all public streets exclusive of alleys; "STREET LINE". The boundary line between a Dublic street and the abutting property; "STRUCTURE". Anything constructed or erected and the Use of which is permanently located or requires permanent location on the ground or at- tachment to something having a permanent looation on the ground but not including self-sunporting vralls and fences less than six (6) feet in heir,ht and ather fixtures of a minor character; uSTRUCTURAL AL~{~FJ...TIONSfl. Any c!-mn~e, addition or modification in construction in the supporting members of a building suoh as bearing waIls, columns, beams, girders, joists, -trusses or c~:anr.;es in roof or exterior lines; "USE". The purpose for w ich any real ,1roperty or any building or structure tilereon is designed, arranged or intended, or for vP1ich it is or may be occupied or maintained; "UJED CAR LOT". A Darce 1 of land used, or intended to be used, for the purchase, sale, exchaup-€, and handlin~ of seoondhand motor veh2-o1es; -6- . 1 "YAlID". An unoccupied space on a lot on w^ich e. buildinl'; is situ- 2 ated and, except "here ctherwise provided in t"'is Ordinance, open and un- 3 obstructed from fue f': round to the sky; 4 "YAPJ)" (Front). A yard extending: across the front of the lot between o the inner side yard lines and measured between the front lot line and either 6 (a) the nearest line of the main buildim:, or (b) the nearest line of an 7 enclosed ar covered par ch; 8 "YARD" (Rear). A yard extending acrcss the full width of the lot and 9 measured between fu e rear line of th e lot and rear line of the main building 10 nearest said rear line of the lot; 11 "YAlID" (Side). A yard on each si de of a build in/,: between the build- 12 in/( and the side line of fue lot and e>-'tending from the front lot line to the 13 rear o'll. rd. 14 Where uncertaintJ, or ambiguity exists, if any there may be, with 15 respect to the meaning. of any of the words and/or nhrases as defined in t'"is 16 section, the interpretation fu ereof by n.lli; COl.(i,,:ISSImr shall be final and con- 17 elusive, subject, however, to the right of review by the Cornnon Council upon 18 "o~al application therefor by any person agrieved thereby. 19 20 ARTICLE II. 21 NOIJCOKFORl:ING USES 22 SECTIOIl 1: FAY Bl:; COlTUNUED. That sub,iect to the limitations herein 23 7-Covided, any Use of property within said City at the time of the enactment 24 of t"i s Ordinance, or any amendment hereto, which shall not conform to the use 25 permitted by fue :Cl!'ovisions hereof within the zone in V( ich such nroperty is 26 located, and constituting a nonccnforming Use as herein defined, may be con- 27 tinued and the right to the continuance thereof may be preserved as herein 28 provided. 29 SECTION 2: P~STRICTED TO LOT. That each nonconforming use shall 30 ce restricted to the lot or lots devoted thereto at the time of the enactment 31 of t'ds Ordinance, or any amendment hereto. 32 -7- 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 3: NO EXTENSION. That no extension of a nonoonforming Use shall be permitted to any lot or lots not devoted thereto at the time of the enaotment of this Ordinanoe, or any amendment hereto, nor to a Doint within ten feet of any lot line w'oioh shall oonstitute the division line between the lot devoted to suoh nonoonforminR use and either a lot looated in Zone One, or a lot used or improved for Use f.or residence purposes, nor to a Doint whioh shall be nearer the street line or street lines of the lot devoted to snoh nonoonformin~ nse than the bu:ildinl': or buUdinf,s thereon at "'he time of the enaotment of this Ordinanoe, Or any amendment hereto. SECTION 4: }CISIRJ:C'l';ID TO USES. That eaoh nonoonformini( use shall be restrioted to the uses and~urposes for w' ioh the oroporty is aotually and in ",ood faith devoted at the time of the enaotment of this Ordinanoe, or any amendment hereto. SECTION 5: CO].:},ON COUNCIL EAY PERMIT. That where any property has <odor to the enaotment of this Ordinanoe, or any ,amendment hereto, been aotually and in Food faith devoted to a use whioh would oonstitute a non- oonforminr: use of suoh ;'roport;\' were so devoted at the time of the enaotment of tds Ordinanoe, or any amendment hereto, or where any property has been in ~ood faith imDroved by the oonstruotion of a bUildinp: desip'ned for a use which would oonsti tute a nonconforming Use under the provisions hereof, the Fayor and Common Council upon proDer showing may I':rant a slleoial permit for suoh real property speoifyini( that suoh property may be devoted to suoh 8rior or oontemplated nonoonforming use, and speoifyinf, the ,f,eneral oharacter and extent thereof. SECTION 6: IUG}IT SI:ALL TERlallATE. That the right to devote property to a nonoonforming use wl'ich shall have been established or revived by speoial permit shall be lost and shall terminate in the event said property shall oease for the period of one year to be devoted to suoh nonoonforming use, and after being so lost and terminated shal1 not be re-ostablished. SECTION 7: PliES;,RVATION OF RIGBT. That the owner or lessee, with the v~itten oonsent of said owner, of any property devoted to a non-oonforming use, may within three months after the passa("e of tois Ordinanoe, or any amendment -8- 9 10 11 12 13 14 15 16 " I 1 2 , hereto, fi Ie a deolaration in triplioate under oath with the Cit~! Clerk of said City olearly describing suoh property, the nature, character, extent and len~h of suoh nonconforming use, and that the preservation of the 3 4 right to oontinue suoh nonconforming use under the provisions hereof is desired, and in the event said Hayor and ConmlOn Council shall thereafter by 6 6 resolution aooept said deolaration, and oonfirm the faots therein set forth, 7 8 the right td such nonconformin~ use shall thereupon be established, and the City Clerk shall file ono oony of said deolaration with the resolution of aooeptanoe in his offioe, and shall file one oopy of said deolaration and resolution .vith the Building Inspeotor of said City, and shall deliver the third oop,' of said deolaration and resolution to the deolarant. That the failure to file such declaration and to obtain suoh resolution of acceptanoe shall constitute a waiver of any ri ght to continuin~ suoh or any nonconform- ing use, and all rirht to devote suoh property to a nonoonforming use shall thereunon terminate. SECTION 8: EXTENSION OF TIME. That the Hayor and Common Council 17 for good cause shown may extend the time for the filing of any declaration 18 of nonconformin~ use under the provisions hereof. 19 20 whioh was, prior hereto, and v"'ioh has been oontinuously and up to and in- SECTION 9: IFE,OVEEENT AIID ENLidGEJ,;ENTo The owner of any building, 21 oludil1!': the date of' the applioation hereinafter mentioned, devoted to a use 22 not permitted by this Ordinance in the zone or distriot in w"ich such 23 building is situated, and whioh has, at the time of suoh applioation, de- 24 preciated to an extent of not to exceed fift,1 per centum (50%) of the es- 25 timated cost to reproduoe such building new, (such estimate to be made by 26 the Commission), may apply to the Common Counoil for a permit to alter, re- 27 pair, and improve suoh building, and/or enlarge the floor area, and/or the 28 cubioal oontents ulereof, to an extent not otherwise permitted by this Or- 29 dinanoe, provided that no enlargement to exceed fifty per oentum (50;') of the 30 floor area or oubical oontents of such building shall be allowed. 31 32 writing, signed by the owner or lessee, with the written oonsent of said SECTION 10: FORM OF APPLICATION. Suoh a?plication shall be in -9- 1 2 3 4 I) 6 7 8 9 10 11 12 I 13 r 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 owner, of such building and filed with the Secretary of the Commission, and shall include or be accompanied by the following data: (a) A legal description of the lot or parcel of land on w"ich such . building is located; (b) A statement of the use made continuously prior hereto, and the use to be made of su ch building; (c) The respect in which, and the extent to which, such building is desired to be altered, repaired and improved, and/or the floor area, and/or the cubical contents thereof are to be enlarged, not to exceed fifty per centum (507~) of the existing floor or cubical contents; (d) The esti!:'.ated cost of the proposed work; and (e) Plans, elevations, drawings and specifications describing the propos ed work. SECTION 11: FEE. The applicant shall at the time of filing an a~- plication pay to the Secretary of the Commission a fee of ten Dollars (~10.00) w'ich fee shall by the Secretary of said Commission be deposited in the General fund of the City of San Bernardino. S},CTIOIT 12: INVESTIGATION A'TD HEFOB.T. The Secretary of the Com- mission shall upon the filing of said application refer such application and accompanyin?: data to the Commission for investigation and report. Upon the receipt of a renort and recommendations of the Co!:'.mission, the Common Council may grant or deny such application as filed, or as, amended, and may, in granting the same, impose any and all conditions embodied in the report of said Commission and such other and further conditions as it may deem desirable. Nothing herein shal1 be construed so as to permit more than one enlargement of the floor area or cubical contents of a bUilding within any period of ten consecutive ye ars 0 SECTION 13: TillE LDGT. The permit or allowed application herein provided for shall not be in lieu of a building permit required by the Building Code of the City of San Bernardino to be obtained from the Building Inspector of said City, but shall be authority for the Building Inspector to issue such building permits and to inspect and approve the work in accordance -10- 1 2 3 4 0 6 7 8 9 10 11 12 13 '. 14 15 16 17 18 19 20 21 22 23 24 20 26 27 28 29 30 31 with suoh permit granted or applioation allowed by the Common Council as in this section provided. Every permit granted or application allowed by the Common Council under this seotion shall expire and beoome void, unless the apDlioant shall, within ninety (90) days after action by the Common Council granting such permit or allcwring such anplication, apply to the Building Inspector for a building permit as provided in the Building Code of the City of San Bernardino and shall also begin said work within sixty (60) days after the issuanoe of suoh building permit and shall also, within six (6) months after the commencement of work, fully complete the work therein specified in striot accordance with such permit. Any incomplete performance of the work or completion of the work otherwise than in accordance with the Dermit granted Or apulication allowed by the Common Council shall be unlawful and shall be deemed a violation of this Ordinance and of the -Building Code of said City. Provided however the Common Council for good cause shm~ may extend the time limit herein specified. SECI'IOll 14: EXCEPTIONS. The Drovisions and requirements of Section 9 of this Article shall not apply to work done in any Dc'riod of twelve months on ordinary structural alterations or replacement of walls, roofs, fixtures or plumbing not to exceed a cost of equal to twenty"er centum (20;;) of the rCDroduction value of t.he buildir:.,~c:, structure or ~-mprovement, provided, hO~:J-ever J the cubical contents of such buildinG, structure J improvement or establis}unent shall not be increased. :Tothinf: in this Section shall :lrclvent the restoration of a wall declared to be unsafe by the Building Inspector. SECTION 15: DAlJ,GE BY FIRE. If at any time any buildin2, as herein defined, vie ich was prior hereto, and w ich has been, continuously devoted to a Use not pe "".itted by this Ordinance in the zone or district in which such building is situated, shall be dama"ed or destroyed by fire, eXDlOSion, wind, water, act of God, act of public enemy or other casualty or cause not within the control of the owner-ro an extent f:reater than is permitted to be repaired, reconstructed, rebuilt, or altered under the provisions of this Article, then such building may, within six (6) months after such damage or destruction, but 32 not thereafter, be repaired, reconstructed or altered by the ffiYUer, upon -11- 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 oomplying with and subjeot to the ~rocedure, conditions, limitations and restrictions set forth in this Article, and to the permit of the Conunon Council made in conformity therewith. SECTION 16: SPECIAL P',;F:MITS. That no special permit shall be granted to establish or revive the right to devote nroperty to a nonconform- ing use save and except upon a verified netition of the owner or the lessee, wi th th e written consent of said owner, of such property filed with the Mayor and Common Council stating fully the ~rounds of the application and all facts relied upon by the petitioner, and showing: (a) That there are special circumstances or oonditions applicable to the parcel of property referred to in the application; (b) That such exception is necessaro' for the preservation and en- joyment of a substantial Droperty right of the petitioner; (0) That the ~ranting of s\lch exception will not be materially detrimental to the public welfare, or injurious to the property or improve- ments in such zone or district in which the property is located. AETICLE III. COlmITIOI~L EXCEPTIONS SECTION 1: Al'PLICLTION FOR. That the I;ayor and CClD1IIlon Council may by Ordinanoe or Resolution make conditional exceptions to the application of this Ordinance, and thereby permit the erection, alteration, reconstruction or enlargement of any building, structure, or improvement in any of the zones herein established w, ioh would otherwise be prohibited under the provisions hereof, or th ereby permit the use of any property in any of said zones whioh would otherwise be ;orohibited under the provisions hereof, upon the verified petition of any Clroperty owner filed wi th the Seoretary of the Conunission, stating fully the grounds of the aClplication and all facts relied upon by the petitioner and narticularly shawing: (a) That there are special circumstances or conditions a'Jplicable to the ]:arcel of property referred to in the ap1Jlication; (b) That such e xce?tion is necessary i'or the preservation and enjoy- !:lent of' a substantial'1ropert:' ri~ht of tl'D Detitioner; -12- 1 1 (c) T'lat the ,~rantinf of such exception will ''cOt be p,aterially 2 detrimental to the public welfare, or injurious to the ~roperty or innrove- 3 ments in such zone or district in w}'..ich the property is located. 4 SECTION 2: P.l0CEDc18 TO PEOC1UE. Upon the filinp: of a verified o netition as provided in Section 1 of this ARTICLE, an order shall ce nade, 6 notice shall be ~iven, and the report shall be submitted, as provided in 7 AHTICLE V hereof, except that notices shall be headed fI;,Totice of Propcsed 8 Conditional Exception." 9 SECTION 3: vEnIAL A BA,'t FOR ONE YEAR. That the denie.l of any pe- 10 tition filed as provided in Section 1 of t'-is Article shall be a bar for the 11 period of one year after such denial to the filing of any new or other 12 Detition under the Drovisions of this Article affecting any of the property 13 referred to in the petition so denied. 14 SECTION 4: Tlli:E LIMIT. That every conditional exception "ranted and 15 allowed by the Common Council under this Article shall expire e.nd became 16 void, unless the a,:,plicant shall, within ninety (90) days after such action 17 by the Cammon Council, apply to the BUildinG Inspector for a buildinG permit 18 as provided in the BuildinG Code of the City of San Bernardino, and shall 19 beGin said work within sixty (60) days fram and after the issuance of such 20 permit, and shall also, within six (6) months after the commencement of said 21 work, complete the work therein specified in strict accordance wit:1 such 22 permit, Any incomplete performance of the work, 0,1" completion of the work 23 otherwise man in accordance with such permit granted, or in aecorcanee with 24 the conditional excention allcwed by the Common Council, shall be unlawful 25 and shall be deemed a violation of t;,is Ordinance'and of the Building Code of 26 s8,id City, Provided, howevcr, the Common Council for !"ood cause shawn may 27 extend the time limit herein specified. 28 SECTION 5. CO],~~O!! C01J1ICIL Y,AY RE(JJIHE PLANS. That the !layor and 29 Common Council, in creating a ccnditional exception under the provisions of 30 this Article may provide for the location of any bUildinp; or structure to be 31 constructed pursuant thereto with respect to the street or division lines of 32 the lot or parcel of land upon wilich the same is constructed, and may -13- 1 2 3 4 I) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 likewise provide for the ,duration of such conditional exception and for the revocation thereof by resolution upon rood cause shown, and at least ten days notice to the mvner of the Droperty affected thereby; and the Commission WAY request and the Jiayor and COIIllllon Council may require the filin~ of complete plans and specifications of any building, structure'or improvement which is to be erected, constructed, established, altered or enlarged upon any property for which a conditicnal exception is aDplied, and may prescribe that such buildinG' structure or improvement to be construoted upon property for which a conditional exception is created, shall be erected, constructed, establisheQ altered or enlarged in conformity with the plans and specifications filed. iUTICLE IV. BOUNDARIES OF ZONES. SECTION 1: SEVEN ZOllES. The.t for the purposes of t'is Ordinance all of the territory within the City of San Bernardino is hereby divided into seven zones, numbered one to seven, ~:'oth inclusive. S3CTIOY 2: Z01m Ol~o T:lat all of' the territor~r and real property now situate wi thin the City of San Bernardino, or which may b:.' annexation or otherwise become a ;;-art of t~1e Ci t:y of San Bernardino, save and except ')ropcrlj Dublicl:., owned cr publicly possessed, and save and except the territcry and real Droperty embraced within Zones Two to Seven, both inclusive, as hereby created and established, shall be embraced in Zone One. SECTION 3: ZO}lE l~,O. That Zone ~vo shall embrace all of the terri- tory and real property within the City of San Bernardino lying within the follovring districts of said Zone Two, the exterior boundaries of wl-ich dis- tricts are, respectively, desoribed as follows, to-wit: DISTRICT 1: Beginning at a point on the south line of Walnut Street, 150 feet east of the east line of yt. Vernon Ave.;r:thenoe south parallel with the east line of 1ft. Vernon Ave. to a point 227.25 feet south of the south line of Poplar Street; thence east parallel with the scuth line of ' Poplar Street to the west line of Eureka Ave.; thence north along the west line of Eureka Ave. to the north line of Lot 14, Block 14, Rancho San Bernardino, as recorded in Book 7 of Maps at page 2, records of San Bernardino County; thence -14- - I 1 2 l5 4 6 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 west along th~ said north line of Lot 14 to a Joint 150 feet east of the east line of Kt. Vernon Ave.; thence south to the point of beginning. DISTRICT NO.2: Beginning at the northeast corner of the intersection cf 8th Street and "I" Street; thence east along the north line of 8th Street to a point 150 feet west of the west line of "E" street; thence north 150 feet; thence east to a point 150 feet east of the east line of "B" Street; thence south to the north line 8th Street; thence east along the north line of 8th Street to a point 150 feet west of the west line of "F" street; thence north parallel with the west line of "F" Street to a point 132 feet south of the south line of 11th Street; thence west parallel with the south line of 11th Street to the west line of "G" Street; thenoe north to a point 125 feet south of the south line of 11th Street; thence west parallel with the south line of 11th Street to the east line of "B" Street; thence westerly to a point in the west line of' "E" Street, said point being 134 feet south of the south line of 11th Street; thence west parallel with the south line of 11th Street to the east line of "I" Street; thence south alonp: the east line of "I" Street to the point of beginning. DISTRICT NO.3: Beginning at a point on the west line of Sierra Way 150 feet north of the north line of 9th Street; thence north along the west line of Sierra Wa~' to a point 137 feet south of the south line of lOth Street; thence west ~rallel with the south line of loth Street to the west line of Lot 7, Blook 65, of. the City of San Bernardino, as reoorded in Book 7 of !,Taps at page 1, records of San Bernardino County; thenoe south along the west line of Lot 7, 13 feet; thence west parallel with the south line of lOth Street to a point 150 feet east of the east line of Arrowhead Ave.; thence south parallel with the east line of Arrowhead Ave. to a point 150 feet north of the north line of 6th Street; thence east \parallel with the north line of 6th Street,' to a point 150 feet west of the west line of Sierra Way; thenoe north parallel with the west line fof Sierra ','fay to a point 150 feet north cf the north line of 9th Street; thence east to the point of beginning. SECTION 4: ZONE THREE. That Zone Three shall embrace all of the territory and real property within the City of San Bernardino lying within the -15- 17 18 19 20 21 22 23 24 25 26 27 28 29 30 151 32 1 following di:stricts of said Zone Three, the exterior boundaries of which 2 distriots are, respeotively, desoribed as follows, to-wit: DISTRICT NO.1: Beginning at a point on the north line of 5th Street, :5 4 150 feet west of the west line of Mt. Vernon Ave.; thenoe north 150 feet; ti thence west parallel with the north line of 5th Street to the east line of 6 Tia Juana Street; thenoe south along the east line of Tia Juana Street to a 7 point 150 feet north of the north line of 4th street; thenoe east to a point 8 150 feet west of the west line of Nt. Vernon Ave. and 130 feet south of the 9 south line of Kingman Street; thence north parallel with the west line of 10 lit. Vernon Ave. to the point of beginning. 11 DISTRICT NO.2: Beginning at a point on the south line of 2nd Street 12 150 feet west of the west line of Mt. Vernon Ave.; thenoe west along the 13 south line of 2nd Street to a point 460 feet west of the west line of Mt. 14 Vernon Ave.; thenoe south parallel with the west line of lTt. Vernon Ave. to 15 the north line of I':ill Street; thenoe east alollf the north line of I'ill Street 18 to a point 150 feet west of the west line of I,!t. Vernon Ave.; thenoe north to the point of beginning. DISTRICT NO.3: Be!,:inninec at a point on the west line of "I" Street 150 feet south of the south line of Rialto Ave.; thenoe south along the west line of "I" Street to a point /150 feet south of t he south line of Central Street; thenoe west parallel with south line of Central Street to the west line of "K" Street; thenoe south along the west line of "K" Street to the south line of Lot 4, Blook 14, Ranoho San Bernardino, as reoorded in Book 7 of Maps at, page 2, records of San Bernardino County; thence west along the south line of Lot 4 and Lot 15 of said Block 14 to a point 150 feet east of the east line of Lt. Vernon Ave.; thence north parallel with the east line of Mt. Vernon Ave. to a point 150 feet south of the south line of Rialto Ave.; thence east paral1el with the south line of Rialto Ave. to the point of beginning. I corner of "I" Street and DISTRICT NQ. 4: Beginning at the southwest Broadway! Street; thence west along the south line of' Broadway Street 2~O feet; i thence sbuth to -the south line of Main Street; thence west along the south line of Vain Street to -the west line~ of t',e right-of-"ay of the Atchison, r -16- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2' Topeka and Santa Fe Railroad; thenoe south alon~ said west line of said right-of-way to.the north line 'of 2nd Street; thence west along the ~orth line :5 of 2nd Street to a point' 200 feet east of the east line of "J" Street; thence 4 north re.rallel wi;th the east line of "J" street to the sputh line of I) Broadway Street; thence west alcng the south lin~ of Broadway Street to the 6 west line of Kendall Ave.; thence north along the west line of Kendal1 Ave. 7 .. tc a point 150 feet south of the south line of 3rd Street; thence west 8 narallel with the north line of 2nd Street to a point 150 feet east of the 9 east line of "K" Street; thence south parallel with the east line of "K'" Street to a point 248.5 feet north of the north line of 2nd Street; thenoe west to the east line of "K" Street; thenoe south along the east line of "K" Street to the so uth line of 2nd Street; thence west along the south line of 2nd Street to a point 232.5 feet east of the west line of J~. Vernon Ave.; thence south parallel with the west line of !'t. Vernon Ave. to a point 150 feet north of the north line of Rialto Ave.; tb.ence east parallel with the north line of Rialto Ave., to the west line of "I" Street; thence north along the west line of "I" Street to the point of beginning. DIS7RICT KO. 5: Beginning at a point on the south line of 6th Street 150 feet east of the east line of .!'t. Vernon Ave.; thence south parallel with the east line of l't. Vernon Ave. to a point 150 feet north of the north line of 5th Street; thence east parallel \vith the north line of 5th Street to a point 150 feet west of the, Vlest line of "I" Street; thence north parallel with the west line of "I" Street to a point 150 feet north of the north line of 6th Street; thence west parallel with the north line of 6th Street to a Doint 150 feet east of ite east line of ]"rt. Vernon Ave.; thence south to the lloint of beginning. DISTRICT NO.6: Beginning at a point on the south line of 11th Street 150 feet east of the east line of Mt. Vernon Ave.; thence south 125 feet; then east parallel with the south line of 11th Street to a point 150 feet west of the west line of "I" Street; thence north to a point 150 feet south of the' south line of Base Line Street; thence west parallel with the south line of Base Line Street to a point 150 feet east of the east line of !Ct. Vernon Ave.; -17- 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2' thence south to the point of beginning. DISTRICT HO. 7: Beginning at the southwest corner of "G" Street and 16th Street; thence west along the south line of 16th Street 150 feet; thence south parallel with the west line of "G" Street to a poing 150 feet north of the north line of 13th Street; thence west parallel with the north line of 13th Street to the west line of "r" Street; thence north along the west line of "r" street to a 1'0int 318 feet south of the south line of 14th Street. said point being on the south line of Home Ave.; thence west parallel ,vith the south line of 14th Street to the west line of l,!assachusetts Ave.; thence north along the west line of Eassaohusetts Ave. to a point 295.5 feet south of the south line of 14th Street; thence west parallel with the south line of 14th Street to the west line of Garner Ave.; thenoe north to a point 270 feet south of the south line of 14th Street; thence west parallel to the south line of 14th Street to a point 150 feet east of the east line of Mt. Vernon Ave.; thence south parallel with the east line of Et. Vernon Ave. to a point 150 feet north of the north line of Sase Line Street; thence east parallel with the north line of Base Line Street to a point 150 feet west of the west line of "I" Street; thenoe north parallel with the west line of "I" Street to the south line of 13th Street; thence east along the south line of 13th Street to the east line of "r" Street; thence south alone; the east line of "I" Street to a point 150 feet north of the north line of Base Line Street; thence east rnrallel with the north line of Base Line Street to the west line of "G" Street; thence north along the west line of "G" Street to the point of be- Ginning.: . DISTRICT lJO. 8: Beginning at the southeast corner of Highland Ave. and "G" Street; thence south along the east line of "G" Street to a point 150 feet north of the north line of Base Line Street; thence east parallel with the north line of Base Line Street to a point 138.3 feet east of the east line of "G" Street; thence north rnrallel with the east line of "G" Street to the south line of 13th Street; thence east alone the south line of 13th St~et to a point 138.3 feet west of t"-.e west line of "1;''' Street; thence south parallel we: th the west line of "1;''' Street to a point 150 feet north of' Base Line Street -18- 1 2 :I 4 6 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 thence east parallel with the north line of Base Line Street to a point 150 feet west of the west line of "E" Street; thence nat'th 1)arallel with the west line of "E" Street to tho south line of !Ii,~hland Ave.; thence west along the south line of Hir,hland Ave. to the point of beginning. DISllnCT 9: Beginning at a point on the east line of "I" Street 150 feet south of the south line of Base Line Street; thence east parallel with the south line of Base Line Street to a point 175 feet wast of the west line of "F" Street; thence south to a point 400 feet south of the south line of Base Line Street; thence east parallel with the SGuth line of Base Line Stree 25 feet; thence south to a point 130 feet north of the north line of 11th Street; thence east parallel with the north line of 11th Street to the east line of "F" Street; t'1ence north along the ee.st line of "F" Street to the north line of Acacia Square Subdivision as recorded in Book 33 of Faps at par: 44, records of San Bernardino County; thence east along the north line and the easterly extension of the north line of Acacia Square Subdivision to the east line of Acacia Ave.; thence south along the east line of Acacia Ave. to a 1)oint 494 feet north of the north line of 10th Street; thence east to a poi 150 feet west of the west line of "E" Street; thence south ;:>aralle1 with the west line of "E" Street to the north line of 10th Street; thence west along the north line of 10th Street to a point 150 feet west of the west line of "P" Street; thence north parallel with <' he west line of "F" Street to a point 132 feet south of the south line of 11th Street; thence west parallel with the south line of 11th Street to the west line of "G" Street; thence north along the west line of "G" Street to a point 125 feet south of the south line of 11th Street; thence west parallel with the south line of 11th Street to the east line of "R" Street; thence westerly to a 1)oint on the west line of "Ii" street, said point being 134 feet south of the south line of 11th Street; thence west parallel ~~th the south lino of 11th Street to the east line of "I" Street; the nee north to the point of beginnin".. DISTRICT NO. 10: Beginning at a point on the south line of 10th Street, 150 feet west of the west line of "E" Street; thence south parallel with the west line of "E" Street to anoint 198.5 feet south of the south -19- 1 2 :I 4 fl 6 7 &I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 line of loth Street; thence west to the west line of Lot 7, Block 69 of the cit;'), of San Bernardino, as recorded in Book 7 of !raps at pafe I, records of San Bernardino County; thence south along the west line of Lot 7 and Lot 2 and the southerl;')' extension of said lot 2 of said Block 69 to the south line of 9th Street; thence east along the south line of 9th Street to a point 150 feet west of the west line of "E" Street; thence south parallel with the west line of "E" Street to a point 150 feet north of the north line of 6th Street; thence west J:>'rallel with ihe north line of 6th Street to a point 150 feet east of the east line of "F" Street; thence north parallel with the east line of "Ii'" Street to the south line of 7th Street; thence west along the south line of 7th Street to a point 150 feet west of the west line of "F" Street; thence south parallel with the west line of "F" Street to a point 150 feet south of the south line of 6th Street; thence west parallel with the south line of 6th Street to a point 125 feet east of the east line of ~ Street; thence north parallel with the east line of "G" Street to the south line of 6th Street thence west al ong the south line of 6th Street to a point 150 feet west of the west line of "G" Street; thence south narallel with the west line of "G" Street to a point 150 feet north of the north line of 5th Street; thence west parallel with '\he north line of 5th Street to a point 150 feet east of the east line of "E" Street; thence north parallel with the east line of "R" Street to the south line of 6th Street; thence west along the south line of 6th Street to a point 150 feet west of the west line of "E" Street; thence south parallel with the west line of "}r' Street to a point 150 feet north of the north line of 5th Street; thence west parallel with the north line of 5th Street to the east line of "I" Street; thence north alone; the east line of "I" Street to the south line of 8th Street; thence east along the south line of 8th Street to a point 150 fee 27 west of the west line of "Ii" St~eet; thenoe south to a point 125 feet south of 28 the south line of 8th Street; bence east parallel with th e south line of 8th 29 Street to a point 150 feet east of the east line of "Ii" Street; thence north to 30 the south line of 8th Street; thence east along the south line of 8th Street to a 31 point 150 f'3et west of the west line of "F" Street; thence north parallel with 32 the west line of "F" Street to the south line of 10th Street; thence east alont': -20- 1 2 :s 4 6 6 7 Ii 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the south line of lOth Street to the point of beginning. DISTRICT no. 11: Beginninr: at a point on the south line of Rialto Ave. 125 feet east of the east line of Allen Street; thence west along the so th line of Rialto Ave. to a point 135 feet west of the west line of AlIen Street thence south parallel with the west line of Allen Street to the north line of Cluster Street; thence east along the north line of Cluster Street and the easterly extension thereof to a point 125 feet east of the east line of Allen street; thence north to the point of beginnin".. DISTRICT NO. 12: Beginning at a noint on the west line of Mountain View Ave. 150 feet south of the south line of 4th Street; thenoe west naralle with the south line of 4th Street 300 feet; thence south parallel with the west line of Mountain View Ave. to a point 150 feet north of the north line of 3rd Street; thence east parallel with the north line of 3rd Street to the west line of Mountain View Ave.; thence north along the west line of Mountain Vi6W Ave. to the point of beginning. DISTRICT NO. 13: Beginning at a point on the south line of 6th Stree 150 feet east of the east line of Arrowhead Ave.; thenoe south parallel with the east line of Arrowhead Ave. to a point 150 feet north of the north line of 4th Street; thence east paral1el with the north line of 4th Street to the east line of Mountain View Ave.; thence south along the east line of ],lountain View Ave. to the north line of 4th Street; thence east along the north line of 4th Street to a point 150 feet west of the west line of Sierra Way; thence north 150 feet; thence east paral1el with the north line of 4th Street to the west line of Lugo Ave.; thence south along the west line of Lugo Ave. and southerly extension thereof to a point 134 feet south of the south line of 4th Street; thence west parallel with the south line of 4th Street to the east line of Sierra Way; thence south along the east line of Sierra c'Jay to a point 130 feet south of the south line of Court Streeti thence east parallel with th south line of Court Street 300 feet; thence north to the north line of Court street; thence east along the north line of Court Street to a point 250 feet w st of the west line of Allen Street; thence north parallel with the west line of Allen Street to a point 130 feet south of the south line of 4th Street; thence -21- 1 .2 3 4 II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 east parallel with the south line of 4th Street to a point 300 feet east of the east line of Allen Street; thence north parallel with the east line of Allen Street to the south line of 4th Street; thence east along the south lire of 4th Street to the west line of Waterman Ave.; thence north alont! the west line of ~aterman Lve. to the south line of 5th Street; thence west along the south line of 5th Street to the west line of Sierra Way; thence north alon the west line of Sierra Way to the north line of 6th Street; thence west along the north line of 6th Street, 150 feet; thence north 150 feet; thence west narallel with the north line of 6th Street to a point 150 feet east of the eas line of Arrowhead Ave.; thence south to the point of beginning. DISTRICT NO. 14: Beginning at a point in the north line of Church Street 150 feet east of the east line of "E" Street; thence east along the north line of Church Street to a point 150 feet west of the west line of "D" Street; thence north parallel with the west line of "D" Street to a point 150 feet south of the south line of Base Line Street; thence west parallel with the south line\of Base Line Street to ~ point 150 feet east of the east line of "E" Street; thence south to the point of ""!,;inning. DISTRICT NO. 15: Beginning at a point on the south line of 6th Street 150 feet east of the east line of "D" Street; thence south parallel with the east line of "D" Street to a point 150 feet north of the north line of 5th Street; thenoe east parallel with the north line of 5th Street to a point 150 feet west of the west line of Arrowhead Ave.; thence nerth parallel with the west line of Arrowhead Ave. to a point 150 feet north of the north line of 7th Street; thence east parallel with the north line of 7th Street to a point 150 feet east of the east line of Arrowhead Ave.; thence north parallel with the ~ast line of Arrowhead Ave. to a point 150 feet south of the south line of Base Line Street; thence west parallel with the south line of Base Line Street to a point 150 feet east of the east line of "D" Street; thence south to the point of beginning. DISTRICT NO. 16: Beginninr: at a point on the east line of "E" Street 158 feet ncrth of the north line of 23rd Street; thence east parallel with the north line of 23rd Street to the east line of Arrowhead Ave.; thence south along -22- '- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 /' ). , , ~ ~ ~ , / the east line of Arrowhead Ave. to a poi'nt 148 feet north of the north line of 23rd Street; thence east parallel with the north line of 23rd street to the east line of JIountain View Ave.; thence north to the northwest corner of Lot 17, Block F cf Hir;hland Eei,~hts Tract as recorded in Book 19 of 1.:aps at paGe 98, records of San Bernardino County; thence east parallel with the north line of ~"if:r:.lal1d .i-",vo. to the east line of Genevieve street; thence south along the east line of Genevieve Street 9.65 feet; thence east naralle 1 with the north line of =~irhland Ave. to a point on tlie east line of Se}iulvcda Ave.; thence north to the northviest corner of Lot 38, Arrowhead Eeir;hts Tract as recorded in Book 19 of' Eaps, at I"r:e 5, records of San Bernardino County; thence east narallel with the north line of Ri~hland Ave. to the west line of Waterman Ave.; thence scuth along the west line of Waterman Avenue to a point 150 feet north of the north line of Eir;hland Ave.; thence west paral~el with the north line of Highland Ave. to the east line of "E" Street.; thence north alonr: the east line of "E" Street to the point of beginning. DISTRICT NO. 17: Beginnin~ at a point on the west line of Waterman Ave. 150 feet south of the south line of'Highland Ave.; thence west parallel with the south line of Highland Ave. to a point 135 feet east of the east line of Arrowhead Ave.; thence south parallel with the east line of Arrovnlead Ave. to a point 215.97 feet south of the south line of Highland Ave.; thence west parallel with the south line of Hir:hland Ave. to the west line of Arrow- head Ave.; thence north along the west line of Arrowhead Ave. to a Tjoint 150 feet south of the south line of Highland Ave.; thence west parallel with the south line of Highland Ave. 300 feet; thence south parallel with the west line of Arrowhead Ave. to a point 360 feet south of the south line of Highland Ave. thence west parallel with the south line of Highland Ave. to the west line of "D" street; thence north along the west line of "D" Street to a point 150 feet south of the south line of Highland Ave.; thence west parallel with the south line of Eif'hland Ave. to a point 150 feet east of the east line of "E" street; thence south paralle 1 with t he east line of "E" Street to a point 150 feet sou h of the south line of 21st Street; thence east I"rallel with the south line of 21st Street to t he east line of "D" Street; thence south along the east line 0 "n" street to the south line of Lot 8, I;lock 38, Hancho San Eernardino as -23- 1 t 3 4 fl 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 recorded in Book 7 of Ilaps at pac>:e 2, records of San T]ernardino County; thence east along said south line of Lot 8 to the .rest line of Arrmvhead Ave.; thence northeasterly to the northeast corner of 21st Street and Arrowhead Ave.; thenc easterly along the north line of 21st Street to the west line ofWatel~an Ave.; thence north along the west line of Waterman Ave. to the point of he- p-:innin,~ . DISTRICT NO. 18: Beginning at a point on the north line of 16th Street 150 feet east of the east line of "E" Street; thence north mrallel wit the east line of "E" Street 150 feet; thence east parallel with the north line of 16th Street to a point 150 feet west of the west line of Arrmvhead Ave.; thence south parallel with the west line of Arrowhead Ave. to the north line of 16th Street; thence easterl, alonrc the north line of 16th street to the west line of Arrowhead Ave.; thence southeasterIy to the northeast corner of 16th Street and Arrowhead Ave.; Ue nee easterly along the 'lOrth line of 16th Stroet to the vrest line of l~ountain '1:liew ~:':..ve.; ttence l1ortheasterl;,r to the northeast corner of 16th Street and rountain View Ave.; t.hence easterly along the north line of 16th Street 142 feet; thence north to a point 150 feet north of the north line of 16th street; thence east narallel with the north line of 16th Street to a point 150 feet v{est of the west line of ~io.terman Ave.; ~~hcnce south :::arallcl 'crith t'le west line of ''''aternan ;'ve. to a point 150 feet north of' the north line of Base Line Street; thence west parallel with the north lin of Base Line Street to a ',oint 150 reet east of the east line of Arrmvhead Ave.; thence north parallel ,dth the east line of Arrmvhead Ave. to the south line of Iola Street; thenoe west parallel with the C10rth line of Base Line 3treet to the west line of Arrcrv(head Avo.; thenoe north along the west line of Arrowhead Avo. to the south line of Iola Place; thenoe west along the south litle of Iola Place 150 foet;thenoe south oarallel with the west line of Arrowhead Ave. to a point 150 feet '10rth of the north line of' Base Line Stree ; thenee Viest parallel with the north line of Base Line Street to e. noint 113.85 feet east of the east line of "))" street; "cenoe north of' the south line of Iola Place; thenoe west parallel with the north line of Base Line Street to the west line of "D" street; thenoe south alon~ the west line of "D" Street -24- 1 2 3 4 [) 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 to a point 150 feet north of the north line of Base Line Street; thence west Darallel wi th the north line of Base Line Street to a point lED feet east of the east line of "E" Street; thence north to the point of beginnin:c. DISTinCT !TO. 19: Beginning at a point on the north line of 17th Stree 150 feet wast of the west line of "0" Street; thence north parallel with the west line of "D" Street to a point 150 feet south of the south line of 21st Street; thence easterly parallel to the south line of 21st Street and the easterly extension thereof to the east line of "D" Street; thence south along the east line of "0" Street to the south line of Lot 8, Plock 38 of Rancho San Bernardino as recorced in Book 7 of ),'aps at pac'e 2, records of San Ber- nardino County; thence east 150 feet; thence south parallel with the east line of "~,,, Street to a point 150 feet north of the north line of 16th Street; thence west parallel with the north line of 16th Street to a point 150 feet west of t. e west line of "D" Street; thence north to the point of beginning. DISTinCT NO. 20: Dep:inninp; at a point on the south line of 9th street 160 feet east of the east line of Sierra Way; thence south 200 feet; thence west 10 feet; thence south 100 feet; thence east 75 feet; thence north to the south line of 9th Street; thence west along the south line of 9th Street to the point of beginning. DISTRICT no. 21: Lot 178, Ei"hland Ave. Square, Tract "10. 1714, as recoroed in Book 25 of t:a.ns at pap-a 26, records of San Bernardino Cou.nty. J;IST:.lICT NO. 22: Beginnin,g at a point on the north line of 11th Street, ISO: feet east of the east line of Arrowhead Ave.; thence north ,:,arallel with the east line of Arrowhead Ave. to a point 150 feet soutl, of the south line of Base Line Street; thence east parallel with the s,.,uth line of Base Line street to tlw west line of ~aternlan Ave.; thence south along the west line of Waterman Lve. to a point 137 feet south of the south line of lOth Street; thence west parallel with the south line of 10th Street to the west line of Lot 7, Rlook 65 of the City of San Bernardino, as recorded in Book 7 of Yaps at page I, r"cords of San Bernardino County; thenoe south alon,-: the said west line of Lot 7, 13 feet; thence west parallel with the south line of lOth Street to a :loint 150 feet east ef the east line of Arrow- head Ave.; thence north to the point of beginnin~. DISTRICT NO. 23: The south 50 feet of t',e north 200 feet of the east -25- 1 2 3 4 I) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 135 feet of the west 185 feet of Lot 2, Blook 3, Rancho San Bernardino, as recorded in Book 7 of Eaps at pa,,:e 2, records of San Bernardino Co'mty. S:iC'i'ION 5; ZONE K;UR. That Zone Four shall embrace all of the territory and real 1)rOpert)' wi thin the City of San Ber'lardino lyinr: within the followinp: districts of said Zone Four, the exterior boundaries of w"ich districts are, respectivel,', described as follows , to-wit: i.;IST,UCT ';c. 1: Lep:inninp at the south-oast corner of 6th Street and "n" Street; thence east alan,,: the south line of 6th Street 150 feet; thence south parallel with the east line of "H" Street to a voint 150 feet north of the north line of 5th Street; thence west parallel with the north line of 5th Street to a point 150 feet west of the west line of "B" Street; thence north to the south line of 6th Street; thence east alon[, the south line of 6th Street to the voint of beginnin~. DIS1'RICT EO. 2: Beginnill!" at a point on the south line of 6th Street 150 feet west of the west line of "G" Street; thence east alan,,: the south line of 6th Street to a ooint 125 feet east of the e9.st line of "G" Street; thence south parallel with the east line of "G" Street 150 feet; thence west oorallel with the south line of 6th Street to the west line of "G" Street; -cl'enoe south a1 on~' t he ,'Ie st line of 1I(~1l Street t;o a -:Joint 150 feet :-"orth of t'co '1orth line of 5th Street; t'lence ,'iest Darallel wi th tho north line of 5th Street 150 feet; t"enoe north to the !Joint of be('inninf'. 'JISTlUCT 1W. 3: l'erinninf'" at a point on the south line of 7th Street 150 Feet west or tho vrcs{; line of "I?" Street; t>.eJ-1,ce east alonG ~he south line of 7th Street to a ooint 150 feet east of the east line of "p" Street; thence south to a !Joint 150 feet north of the north line of 6th Street; thence east ~arallel with the north line of 6th Jtreet to a point 150 feet west of the west line of "E" Street; t'lence south to the south line of 6th Street; thence ';wst alon" the south line of 6th Street to the nest line of "~," Street; t.nence south alan? the west line of fill'" Street 150 feet; thence vrest narallelllfith the south line of 6th street 150 feet; thence north to the TJoint of bec:inninc:. DISTHICT jliO. 4: '3ednninrc at a point on the north line of ~th Street 150 feet east of the east line of Arrowhead Ave.; thence north 150 feet; thence east TJaralle 1 wi th th e north line of 4th Street to the vrest line of l" ountain -26- 1 2 3 4 II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 VieTf Ave.; thenoe south alonG the l,lrest line of l.:ountain "'v~icw Ave. to a point 150 feet south of the south line of 4th street; thence west parallel with the south line of 4th Street 285 feet; thence north to the north line of 4th Street; thence west along the ncrth line of 4th Street to the point of he- Ginning. SECTION 6. ZONE FIVE. That Zone Five shall embrace all of the ter- ritory and real property within the City of San Bernardino lying within the following districts of said Zone 1"i ve, t he exterior boundaries of w',ich dis- tricts are, respectively, described as follows, to-wit. DISTRICT NO.1: Beginning at the southvmst corner of 3rd Street and l~. Vernon Ave.; thence west along the south line of 3rd Street 150 feet; thence south parallel with the west line of I't. Vernon Ave. to the south line of Eill Street; thence west along the south line of Fill Street 50 feet; thenc south parallel with the west line of l't. Vernon Ave. to the south Corporate Limits of the City of San Bernardino; thence east along said Corporate Limits and the easterly extension thereof to the east line of Mt. Vernon Ave.; thenoe north along t he east line of Mt. Vernon Ave. to a point 200 feet south of the south line of Villa Street; thence east parallel with the south line of Villa Street 116 feet; thence north parallel with the east line of 1't. Vernon Ave. to the north line of Villa Street; thenoe west along the north line of Villa Street 6 feet; thence north parallel with the east line of 1't. Vernon Ave. to a point 150 feet south of the south line of l~illStreet; thence east to a poin 150 feet east of the east line of Ft. Vernon Ave.; thence north parallel with the east line of ]-.'t. Vernon Ave. to a point 150 feet south of the south line of Rial to Ave.; thence east paralle 1 with the south line of 'liaIto "ve. to the west line of "r" Street; thence north alonr; the west line of "I" street to a point 150 feet north of the north line of Rialto Ave.; thence west parallel with the north line of Rialto Aye. to a point 150 feet east of the east line of Ft. Vernon Aye.; thence north parallel with the east line of Mt. Vernon Ave. to the south line of 2nd Street; thence west along the south line of 2nd Street and the westerly extension thereof to the west line of 1~. Vernon Aye.; thence north along the west line of !Ct. Vernon Ave. to the point of beginning. -27- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 JISTRICT NO.5: Beginning at a point on the west line of ~t. Vernon Ave.; 150 feet north of the north line of Base Line Street; thenoe vrest 150 feet; thence north parallel with the west line of lit. Verncn Ave. to a pcint 150 :eet south of the south line of }ughland Ave.; thence west parallel with the south line of Highland Ave. to the west line of llerrington Ave.; thence north along the west line of lfurrington Ave. 14 feet; thence west parallel with the south line cf Highland Ave. tc a ?oint 64 feet west of the vrest line of Pico Ave.; thence north to the north line of Highland Ave.; thence east along the north line of Highland Ave. to a point 550 feet west of the west line of Mt. Vernon Ave.; thence north to the south line of Cajon Boulevard; thence nortlwllsterly to the southeast corner of Santa Fe Drive and 24th Street; thence east along the south line of 24th Street and easterly extension thereof to the east line of Mt. Vernon Ave.; thence south along the east line of Mt. Vernon Ave. to a point 191.25 feet north of the center line of Bighland Ave.; thence east 150 feet; thence south parallel with the west line of Mt. Vernon Ave. to the scuth line of Highland Ave.; tl~nce east along the south line of }ughland Ave. to a point 330 feet east of the east line of I!t. Vernon Ave.; thence south 150 feet; thence west parallel with the south line of Highland Ave. to a point 150 feet east cf the east line of lit. Vernon Ave.; thence south parallel with the east line of Ht. Vernon Ave. to a point 150 feet north of the north line of Base Line Street; thenoe west to the point of beginning. DISTRICT NO.6. Beginning at a point on the north line of 5th Street 50 feet east of the east line of Gardena Street; thence west alonr, the north line of ,5th Street to the east line of Flores Street; thence north along the east line of Flores Street 140 feet; thence east parallel vdth the north line of 5th Street to a point 50 feet east of the east line of Gardena Street; thence s ruth to the point of beginninr:. DISTRICT !l0. 7: Beginning at the northeast corner of "I" Street and Rialto Ave.; thence north along; the east line of "I" Street to a point 150 feet north of the north line of 3rd Street; thence east parallel with the north line of 3rd Street to the west line of "H" Street; thence north along; the west line of "l~ Street to a point 150 feet south of the south line of -29- 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5th Street; thence/wast parallel with the south line of 5th Street to the east line Q" "I" Street; thence north along the east line of "I" Street to a point 150 feet ~orth of the north line of 5th Street; thence east parallel with the north line of 5th Street to the east line of "1"" Street; thence north along the east line of "F" Street to a T'oint 225 feet ~orth of the north line of 5th Street; ':hence east parallel with the north Une of 5th Street to the west line of "D" Street; thence south along the west line of "n" Street to a point 150 feet north of the north line of 5th Street; thence east parallel wi th the north line of 5th Street to a point 150 feet west of the west line of Arrovlhead Ave.; thence north rarallel with the west line of l>rrowhead Ave. to a point 150 feet north of the north line of 7th Street; thence east parallel with the north line of 7th Street to a point 150 feet eas of the east line of Arrowhead Ave.; thence south parallel with the east line of Arrowhead Ave. to the south line of 4th street; thence west along the south line of 4th Street to the east line of Arrowhead Ave.; thenoe south alon the east line of Arrowhead Ave. to the north line of 3rd Street; thence east alonp: tre north line of 3rd Street to a point 300 feet east of the east line of Arrowhead Ave.; thence north 150 feet; thenCe east paral1el with the north line of 3rd Street to the west line of Vountain View Ave.; thence south along the west line of !Countain View Ave. to a point 150 feet south of the south line of 3rd Street; thence west parallel with the south line of 3rd Street to the west line of "D" Street; thence south along the west line of "D" Street to the north line of 2nd Street; thence west along the north line of 2nd Street to a point 150 feet west of the west line of "E" Street; thence north parallel with the wast line of "E" Street to a point 150 feet south of the south line of 3rd Street; thence west parallel with the south line of 3rd Street to the west line of "G" Street; thence south along the west line of "G" Street to the south line of Broadvmy Street; thence westerly along the south line of Broadway Street to a point 150 feet west of the west line of "G" Street; thence south parallel with the west line of "G" Street to the north line of Rialto Ave.; thence west along th9 north line of Rialto to the point of beginning. -30- 5 6 7 8 9 10 11 12 1 2 3 5th Street; theno~!west parallel with the south line of 5th Street to the east line d: "I" Street; thenoe north along the east line of "I" Street to a point 150 feet north of the north line of 5th Street; thenoe east parallel 4 with the north line of 5th Street to the east line of "F" Street; thenoe north along the east line of "F" Street to a "oint 225 feet north of the north line of 5th Street; +henoe east parallel with the north line of 5th Street to the west line of "D" Street; thenoe south along the west line of "D" Street to a point 150 feet north of the north line of 5th Street; thenoe east parallel with the north line of 5th Street to a point 150 feet west of the west line of Arrovrhead Ave.; thenoe north 'oRrallel with the west line of j",rowhead Ave. to a point 150 feet north of the north line of 7th Street; thenoe east parallel with the north line of 7th Street to a point 150 feet eas 13 of the east line of Arrowhead Ave.; thenoe south parallel with the east line 14 of Arrowhead Ave. to the south line of 4th Street; thenoe west along the 15 south line of 4th Street to the east line of Arrowhead Ave.; thenoe south alon 16 the east line of Arrowhead Ave. to the north line of 3rd Street; thenoe east 17 alonr; the north line of 3rd Street to a point 300 feet east of the east line 18 of Arrowhead Ave.; thenoe north 150 feet; thenoe east paral1el with the north 19 line of 3rd Street to the west line of Vountain View Ave.; thenoe south along 20 the west line of !:ountain View Ave. to a point 150 feet south of the south 21 line of 3rd Street; thenoe west parallel with the south line of 3rd Street to 22 the west line of "n" Street; thenoe south along the west line of "n" Street to 23 the north line of 2nd Street; thenoe west along the north line of 2nd Street to 24 a point 150 feet west of the west line of "E" Street; thenoe north parallel 25 with the west line of "E" Street to a point 150 feet south of the south line 26 of 3rd Street; thenoe west parallel with the south line of 3rd Street to the 27 west line of "G" Street; thenoe south alon!; the west line of "G" Street to the 28 south line of Broadway Street; thenoe westerly along the south line of Broadway 29 Street to a point 150 feet west of the west line of "G" Street; thenoe south 30 parallel with the west line of "G" Street to the north line of Rialto Ave.; 31 thenoe west along the north line of Rialto to the point of beginninp:. 32 -30- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32 DISTRICT NO.8: Beginning at a point on the south line of 8th Street 150 feet east of the east line of "B" Street; thence south Darallel with the east line of "B" Street 125 feet; thence ....est parallel with the south line of 8th Street to a point 150 feet west of the west line of "II" Street; thence north rarallel with the west line of "E" Street to a point 150 feet north of the north line of 8th Street; thence east parallel with the north line of 8th Street to a point 150 feet east of the east line of "B" Street; thence south to the point of beginning. DISTRICT NO.9: Beginning at a point on the west line of "E" Street 225 feet north of the north line of 5th Street; thence west 150 feet; thence north parallel with t he west line of "E" Street to the north line of 9th Street thence west along the north line of 9th Street to the west line of Lot 2, Block 69, City of San Bernardino, as recorded in Book 7 of Faps at pafe 1, records of San Bernardino County; thence north alone: the west line of Lots 2 and 7 of said Block 69 to a point 198.5 feet south of the south line of lOth Street; thence east to a point 150 feet west of the west line of "E" Street; thence north parallel with the west line of "E" Street to a pcint 494 feet north of the north line of lOth Street; thence west parallel with the north line of 10th Street to the east line of ;ecacia i.ve.; thence north along the east line of Acacia Ave. to a point 150 feet north of the north line of Base Line Street; thence east )'arallel with the north line of Base Line Street to a point 150 feet vrest of the west line of "E" Strellt; thence north )'arallel with the west line of "E" Street to a point 150 feet south of the south line of Highland Ave.; thence east parallel with the south line of }ughland Ave. to a point 150 feet east of the east line of "E" Street; thence south parallel with the east line of "E" Street to a point 225 feet north of the north line of 5th Street; thence west to the point of beg-inninr. DISTRICT NO. 10: '1eginning at a point on the ,'rest line of Acacia Ave. 150 feet north of the north line of Base Line Street; thence south along the west line of Acacia Ave. to the north line of Acacia Square SubdiVision, as re- corded in Book 33 of 1~ps at pafe 44, records of San Bernardino County; thence west alone the north line of Acacia Square Subdivision and the westerly -31- 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 extension thereof to the west line of "P" Street; t"ence south along the west line of "F" Street to a point 130 feet north of the north line of 11th street; thence west paral1el with the north line of 11th Street 150 feet; thence north to a point 400 feet south of the south line of Dase Line Street; thence west 25 feet; thence north 0arallel with the west line of "Ji''' Street t a point 150 feet south of the south line of Base Line Street; thence west parallel \"rith the south line of Base Line Street to the east line of "I" Street; thence north along the east line of "I" Street to a point 150 feet north of the north line of Base Line Street; thence east to the point of beginning. DISTRICT NO. 11: Beginning at a point on the west line of "n" Street, 150 feet north of the north line of 5th Street; thence north along the west line of "n" Street to the north line of Church Street; thence west along the north line of Church Street to a point 150 feet west of the west line of "D" Street; thenoe north p;.rallel with the west line of "n" Street to a point 150 feet south of the south line of Base Line Street; thenoe east parallel with the south line of Base Lire Street to a point 150 feet east of the east line of "D" Street; thence south rerallel with the east line of "D" Street to a point 150 feet north of tre north line of 5th Street; t henoe west to the point of beginning. DISTRICT NO. 12: Beginning at the northeast oorner of 3rd Street and Sierra Way; thence north along the east line of Sierra .\'ay 130 feet; thenoe east parallel with the north line of 3rd Street 200 feet; thence south to the north line of 3rd Street; thenoe west along the north line of 3rd Street to the point of beginninf. DISTr,ICT !TO. 13: ::,oginninc: at a point on the west line of Sierra ',;ay 134 feet south of the south line of 4th Street; thence west 150 feet; thence north Darallel with the west line of Sierra Wa,' to a point lbO feet north of the north line of 4th Street; thence east parallel with the north line of 4th Street to the west line of Luto Ave.; thence south along the west line of Lugo Ave. and the southerly extension thereof to a point 134 feet south of t he south line of 4th Street; thonce west to the point of beginning. -32- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DISIRICT lTD. 14: BeGinning at a point on the south line of 9th Street 160 feet east of the east line of Sierra '.Yay; thence south 150 feet; thence west parallel with the south line of 9th Street to a "oint 150 l' eet west of the west line of Sierra ',~ray; thence north ~arallel with the west line of Sierra Way to a point 150 feet north of the north line of 9th street; thence east parallel with the north line of 9th Street to a point 150 feet cast of too east line of Sierra 'ifa:'; thence south parallel with the e80st line of Sierra Way to the south line of 9th Street; thence east alone; the south line of 9th street to the point of beginninr;. DIST"tICT 1:0. 15, Beginning at a point on the north line of Base Line street 150 feet east of the east line of "E" Street; thence north parallel with the east line of "E" Street 150 feet; thence east parallel with the north line of Base Line Street to the east' line of "n" Street; thence north 50 feet; thence east 113.85 feet; thence south to a point 150 feet north of the north line of Base Line street; thence east parallel with the north line of Base Line Street to a "oint 150 feet west of the west line of Arrowhead Ave.; too noe nor th to the south line of Iola Place; thence east solonl' the south line of Iola Place and the easterly extension thereof to the cast line of Arrowhead Ave.; thence south along the east line of Arrowhead Ave. to the south line of Iola Street; thence east along: the south line of Iola Street 147 feet; thenoe south parallel w:i,th the east line of Arrovrhead Ave. to a point 150 feet north of the north line of Ease Line Street; thence east parane 1 with the north line of Base Line Street to a point 150 feet east of the east line of Waterman Ave.; thence south parallel with the east line of Waterman Ave. to a point 150 feet south of the south line of Base Line Street; thence west paral1el with the south line of Base Line Street to a point 150 feet east of the east line of "E" Street; thence north to the point of be- sinning. DISTRICT NO. 16: 3el'inninr: at the southeast corner of Ilir;hland Ave. flnd "E" Street; thence north along: the east line of "E" Street to a point 150 feet north of the north line of Eir;hland Ave.; thence east parallel with the north line of Ei,r;hland Ave. to the west line of Waterman Ave.; thence south -33- 1 2 3 4 6 6 7 " Ii 8 ,I II 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 along the west line of Watennan Ave. to a point 150 feet south of t he south line of Highland Ave.; thence west parallel \~th the south line of Highland Ave. to a 'Joint 135 feet east of the east line of Arrowhead Ave.; thence south to a ,.,oint 215.97 feet south of the south line of Eig:hle.nd Ave.; thence west parallel with the south line of Highland Ave. to the west line of Arrowhe d Ave.; thence north along the west line of .Arrowhead Ave. to a point 150 feet south of the south line of Highland Ave.; thence west paral1el vdth the south line of rlighland Ave. 300 feet; thenc" south to a point 360 feet south of the south line of }lighland Ave.; thence west parallel with the south line of JIi"hland Ave. to the west line of "D" Street; thence north along the west line of "D" street to a point 150 feet south of the south line of Highland Ave.; thence west ",rallel with the south line ~of Ri"p,land Ave. to a point 150 feet west of t he west line of "E" Street; thence north to the south line of Hig'hle.n Ave.; thence east to the Doint of beginning. DISTRICT NO. 17: Deginnin~ at a Doint on the north line of Marshall Blvd. 150 feet east of the east line of "E" street; thence north ",rallel with the east line of "E" Street 150 feet; :thence west to the west line of "E" street; thenoe north along the west line of "E" Street 50 feet; thence west 282.15 feet; toonce south 100 feet; thence east to a point 150 feet west of th west line of "E" Street; thence south to a point 150 feet south of the south line of J!arshall BlVd.; thence east to the east line of "E" Street; thence south alan!'; the east line of "E" Street to the south line of Lot 4, l!liL'.oomfield Heights, Tract 2287, as .recorded in Book 34 of ),:aps at pal'e 10, records of San Bernardino County; thence east to the southeast corner of said Lot 4; thence north to the northeast corner of said Lot 4; thence east to a point 150 feet east of too east line of "E" Street; thence north to the point of beginning. DISTPJCT EO. 18: 5eginninl' at the southeast corner of ~ountain View Ave. and 40th Street; thence south along the east line of )!lolmtain View Ave. to the south line of Sinlpson Alley; thence east along the south line of Simpson Alley to a point 137.07 feet east of the east line of Genevieve Street; thence south and parallel to the east line of Genevieve Street to the north line of Ralston Ave.; thence east along the north line of Ralston Ave. to a -34- 1 2 :5 4 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 point 150, "'feet east of the east line of Sierra Way; thence north narallel wi th the east line of Sierra Way tot he south line of 40th street; thence west alon~ the south line of 40th Street to the point of beginning. DISTItICT EO. 19: Be!,inning at a point on t he north line of 40th Street 100 feet east of the east line of Sierra Wa:'; thence north parallel vdth the east line of Sierra Way, as it exists between 40th and 44th Street to the north line of 45th Street; thence west along the north line of 45th Street to the easterly line of Sierra Way; thence northeasterly along the easterly line of Sierra Way tofthe south line of 46th Street; thence westerly along the south line of 46th Street to the east line of Sierra Road; thence south along the east line of Sierra Road to the "~esterly line of Sierra Way; thence southeasterly to the southeast corner of 45th Street and Sierra Way; thence southwesterly alon!, the easterly line of Sierra Viay to a point 25 feet south of the north line of 44th Street; thence west parallel with westerly extension of the south line of 44th Street to a point 135 feet west of the west line of Sierra Way; thence south parallel with the west line of Sierra Way to the north line of 40th Street; thence east along the north line of 40th Street to the point of beginning. DISTRICT KO. 20: All that uortion of the no~theast one-quarter (t) of t he southeast one-quarter (t) of Section 15 TIN R4W. SBBHH described as follows: Beginning at a point on the north line of the above described land, said point being 200 feet west of the west line Sepulveda Ave.; thence west 223.66 feet; thence south 413 feet; thence east 50 feet; thence south 112.50 feet to the northerly line of Sierra ~,ay; thence northeasterly along the northerly line of Sierra ~'[ay 235 feet to a point 200 feet west of the west lire of Sepulveda Ave.; thence north 40.12 feet; thence east 46.39 feet to the northerly line of Sierra Way; thence northeasterly along the northerly line of Sierra Way 4.77 feet; thence north 101.88 feet; thence west 50 feet; thence north 225 feet to the point of beginning. SECTION 7: ZonE SIX. That Zone Six shall embrace all of the terri- tory and real property within the City of San Bernardino lyinr, within the -35- 1 2 3 4 f> 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 following districts of said Zone Six, the extericr boundaries of which districts are, respectively, described as follows, to-wit: DISTRICT no. 1: Beginning at the southwest corner of "R" Street and Eill Street; thence west along the south line of Mill Street to the east line of "I" Street; thence south along the east line of "I" Street to the north line of Wallace Alley; thence eastl along the north line of Wallace Alley to the west line of "E" Street; thence north along the west line of "B" Street to the point of beginning. DISTRICT RO. 2: Beginning at the northwest corner of Rialto Ave. and "F" Street; thence north along the west line of "F" Street to the south line of Broad\vay Street; thence westerly along the south line of Broadway street to a point 150 feet west of the west line of "G" Street; thence south parallel wi th the west line of "G" Street to the north line of Rialto Ave.; thence east along the north line of Rialto Ave. to the point of beginning. DISTRICT NO.3: BeRinninf! at a noint on the west line of "R" Street 150 feet north of the north line of 3rd Street; thence west parallel with the north line of 3rd Street to the east line of "I" Street; thence ncrth along the east line of "I" Street to a )oint 150 feet south of the south line of 5th Street; thence east parallel with the south line of 5th Street to the west line of ";oI" Street; thence south along the west line of "R" Street to the point of beginning. DISTRICT NO.4: Beginning at the southv/est corner of 3rd Street and "I" Street; thence south along the west line of "I" Street to the south line of Broadway Street; thenoe west along the south line of Broadway Street 200 feet; thence south parallel with the west line of "I" Street to the south line of !.lain Street; thence west along the south line of Nain Street to the West line of the right-of~vay of the Atohison, Topeka and Santa Fe Railroad; thence southerly along the west line of said right-of-way to the north line of 2nd Street; thenoe west aloOf, the north line of 2nd Street to a point 200 feet east of the east line of "J" Street; thence north parallel with the east line of "J" Street to the north line of Broadway Street; thence west along the north line of Broadway Street to the east line of "J" Street; thence north -36- 1 2 3 4 /) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 along the east line of "J" Street to the south line of 3rd Street; thence east along the south line of 3rd Street to tte point of beginning. DISTRICT NO.5: Beginning at the northwest corner of 2nd Street and "K" Street; thenoe westerly along the north line of 2nd Street to the center line of },It. Vernon Ave.; thence northerly along the center line of Itt. Vernon Ave. to the south line of 3rd Street; thence easterl)! along the south line of 3rd Street to a point 155 feet west of the west line of "K" Street; thence south IUrallel wi th the west line of "K" Street to a point 120 feet north of the north line of 2nd Street; thenoe east to'the west line of "K" Street; thence south along the west line of "K" Street to the point of beginninp.-. DISTRICT NO. 6: 3ep.-innin~ at a point on the north line of 2nd Street ' , 150 feet Vlest of the west line of LIt. Vernon ;,ve.; thenoe west along the north line of 2nd Street to a point 460 feet west of the west line of j't. Vernon Ave.; thence north 135 feet; thence east ?ara11el to the north line of 2nd Street to a point 150 feet ',,,est of the we st line of l't. Vernon Ave.; thence south to the point of beginning:. DISTRICT NOo 7: Beginning at a point on the north line of' 4th Street.. 150 feet west of the west line of lIt. Vernon Ave.; thenoe westerlj' alone; the north line of 4th Street to the east line of Tia Juana, Street; thence north along the east line of Tia .Juana Street 150 feet; thence east to a point 150 feet west of the west line of Et. Vernon Ave. and 130 feet south of the south line of Kinr;man Street; thence south to the ;)oint of beginning. ::lISTRICT ilO. 8: Beginning at a point en the west line of "I" Street, 150 feet ncrth cf the north line of 5th street; thenoe north along the west line of "I" Street to the south line of 13th Street; thenoe west along the scuth line of 13th Street 150 feet; thence south parallel with the west line of "I" Street to the south line of 10tli Street; thenoe west along t he south line of lOth Street to the west line of ),Tontgomery Street; thence south along the west line of ),,':ontgOlllery Street to a point 253.25 feet north of t he north line of 9th Street; thenoe west 152.75 feet; thenoe south parallel with the west line of Eontgomery Street to the south line of 9th Street; thenoe west along the south line of 9th Str~et to a point 150 feet east of the east line of l,:t. Vernon Ave.; thence south parallel with the east line of I't. Vernon Ave. -37- 1 to a point 150 feet r.orth of t he north line of 6th Street; thence east paralle 2 wi th the north line of 6th Street to a point 150 feet west of the west line , - 3 of "I" Streot{ thence south parallel with t he west line of "I" Street to a 4 point 150 feet north of the north line of 5th Street; thence east to the I) point of beginning. 6 DIsnICT NO.9: eginniur at the r.orthwest corner of 3rd Street and 7 Sierra Viay; thence r.orth along the ,vest line of Sierra Way to a point 134 8 feet south of the south line of 4th Street; thence west parallel with the 9 south line of 4th Street 150 feet; thence north to the south line of 4th 10 Street; thence west along the south line of 4th Street to the east line of 11 ~:'ountain View Ave.; thence south along the east line of Mountain View Ave. 12 to the north line of 3rd Street; thence east along the r.orth line of 3rd 13 Street to the point of beginning. 14 DISTRICT NO. 10: Beginning at the r.orthwest corner of 6th Street and 15 Sierra Way; thence north alonp; the west line of Sierra Way to a Doint 150 feet 16 south cf the south line of 9th Street; thence west~ 150 feet; thence south 17 parallel with the west line of Sierra Way to the l10rth line of Cth Street; 18 thence east along the north line of 6th Street to the point of beginninc:. 19 SECTION 8: ZOlm SEv~N. That Zone Seven shall embrace all of the 20 territory and real property within the City of Se>.n Berne>.rdino lying within 21 the following districts of said Zone Seven, the exterior boundaries of which 22 districts are, respectivel~l, described as follows, to-wit: 23 DISTRICT )TO. 1: 3eginninp; at the southwest corner of the intersection 24 of Third Street and Vfaterman Lve.; thence westerly al.on[; the south line of 25 Third street to the east line of Lura Ave.; thence southerly along the east 26 line of Lu[:o Ave. to the north line of Second Street; thence westerl:; along 27 the north line of Second S'::reet to the west 1 ine of Fountain View Ave.; 28 thence northerly alone: the west line of ,,'auntain View Ave. to a point 150 29 feet south of t'le south line of T'1ird Street; t'lence westerly ')a1"8,11el "Ii th 30 the south line of ?'-ird street to the eo.st line of "nit Street; i~~~ence 31 sot1therl;~ alol1.0', the east line (if fI:o" Street to t~']e south line of Second 32 street; t~1ence -.vcstorly alonr~ til.e S01.:t:1 ~.ine e,i' Scco?J.d Dt;r0.et to -'c~1C 80J5t line of' "~:~lf Street; thence sonthcrl:- alon,": tho oc~st line of "E" Street to the !lorth line of J~ill Street; thence easterly alan:! t>.e ~:,orth line of ~~ill 3treot to t:'e eHst li::18 of ..~rrowhcD..d .;.~ve.; thence sou"cherly 8.10ng the east line of -3:j- 1 2 3 4 fl 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Arrovrhead Ave. to the south line of l'oKitriok Streot; thenoe eastorly alonr; the south line of EcKitriok Streot and the easterly prolon~ation of the south line of J:cKitrick Street to a Doint 351.99 feet east of the east line of 110untain View Ave,; thence 'lOrtherly in a straight line to a point in the south line of )'ill Street, 'said point being 348 feet east of the east line of l.~ountain iTiew Ave. j t:lcnce north to t:'.e north line of ~~ill Street; thence casterl:' alonp: the north line of 1:ill Street to the '1resterly line of the l:..tchison, Topeka and Sante. Fe ~lail'.va.Jl' Com~an~]"s right of yra;rj thence r;orth- westerly alonr tho westerly line of the Atchison, Topeka and Santa Fe naiD~Y Conpany's rir:;ht of way to t~1e east line of S ierra i/ra~r; tl:.ence northerly along the ec..st line of Sierra ,ia~r to the north line of ~dalto i:..ve.; thonce easterly alo,\,: the north line of ::dalto Lve. to the west line of '.";ateman Lve.; thence northerl~{ alan? the west line of ~Yater:man ~\ve. to t~'1e i'lesterl~r prolonr:-ation of' t~1e north line of Cardiff l...ve.; thence easterly alonG the westerl~T ~rolong- ation of the north line of Cardiff Lve. and the north line cf Cardiff Ave. to a point 444.25 ~'eet east of the east line of '/;ateman ",ve.; thence northerly and parallel with thc east line of l{aterman Lve. 448.51 feet; thence westerly and parallel with the north line of Cardiff Ave. and westerly proloncation of the north line of Cardiff Ave. to the west line of Waterman Ave.; thenoe northerl:\, alonr the west line cfiJaterman Ave. to the point of hecinninf'. DISTRICT EO. 2: Eerinninp: at the southwest corner of "E" Street and Seoond Street; thence westerly alonr; the south line of Second Streot 150 feet; thence ncrtherly and parallel with the west line of "E" Street to a point 150 feet south of the south linc cf Third Street; thenoe westerly and parallel with the south line of Third Street to the east line of "p" Street; thence sout!1orlv alcng the east line of """" stroet and the southerly Drolonr:ation of the east line of "P" Street to the scuth line of Rialto i.ve.; thence westerly along the south line of Rialto Ave. tc the west line cf "I" Street; thence southerly along the west line of "I" Street to a ?oint 150 feet south of t :10 s(>ut,h line uf Central St.reet; -tbence VTes-Lc:rl:r and. ~:s,r8.1181 w.ith t1Le south line of Ccntro,l S:;roet, to the east line of "K" Street; thence southerly along the east line of "K" Street to the north line of !Till Street; thence easterly along the north -39- 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 line of Fill Street to the west line of "E" Street; thence northerly aloncJ the Vlest line of "E" Street to the point of beGinning. DISTRICT no. 3: Beginning at the southwest corner of the intersection of Fii'th Street and "I" Street; thence westerly along the south line of Fifth Street to the east line of lit. Vernon Ave.; thence s.outherly along the east lim of ,,'to Vernon Ave. to the south line of Fourth Street; thence westerly along the south line of Fourth Street to the west line of Lot 7. Block 24, Rancho San Bernardino. as per plat therecf recorded in Book 7 of Uaps at page 2, Records of the County Recorder of San Bernardino County; thence southerly along the west line of Lot '1. 'nock 24, of said Rancho San Bernardino, the southerly prolonration of the west line of Lot 7, Block 24, of said l1ancho San Bernardino; the west line of Lots 24 and '1, Plock 25, of sRid Rancho San Bernardino, and the scutlwrly nrolonration of the west line of Lot 7. Block 25, of sRid Rancho San Bernardino, to the north line of ldalto :,ve.; thence cRsterly alonr~ tLe north line of >:cialto Ave. to a point 460 feet VIGst of the ':mst line of 1't. Vernon L'1e.; thence northerly and parallel with the west line of J:t. Vernon Ave. to a point 135 teet north of the ~horth line of Second Street; thence easterl;' and narallol with the north line of Second Street to s. Doint 150 feet Yrest of the iilest line of rt. Vernon Ave.; thonoe ~lOrtherl:,r and nara11el with the west line of ]'t. 'Jornon :eve. to the north line of Third Street; thence easterl;' along the north line of Third Street to the west line of "111 Street; thence northerl~7 along the west line of ilIff Stree,t to the point of beginninf. DISTIUCT ;;0. 4: Beginning at a poim on the south line of ]Ualto Ave., 460 feet west of the west line of Mt. Vernon Ave.; thence vresterl'JT along: the south line of Rialto AvoQ to the easterly line of Rancho Ave.; thence south- vresterl;l alonG t}~e east8rl~.~ line of Rancho Ave. to the south Corporate Li:~nits of tJ:1_e Cit~l of San Bernardino; thence easterl~r, southeasterly, easterl:yr, northerly, easterl;, and southerly, being along the Corporate Limits of the City of Se,n Bernardino to the north line of 1'ill Street; thence easterl;, along t',e north line of 1'i11 Street to a point 4G~ feet west of the west line of 1't. Vernon ....:..ve.; said :?oint being the YJ'est line of Grape 3treetj .1t:;hence l1ortherl~1 -40- 1 and -:;arallel v!ith the T,rest line of r~t. 'Iernan ~:'...ve. to the point of becinnin~. 2' L'"S'iRICT 110. 5: Befinninf at the southeast corner of "JI" Street and :5 l.'.ill Street j the nce southerly and southeasterly along the easterly line of 4 "1-;11 Street to the vlesterly line of Colton Ave. j thence northeasterly along o the '7estcrly line of Coltcn Ave. to the south line of Lill Street; thence 6 westerly alon1: the south line of l:'ill street to, the point of beginnin['. 7 DISTRICT YO. 6: Be['inninf, at the southeast corner of the intersection 8 of Sierra iVay and 7th Street; thence east alcne: the south line of 7th Street 9 to the west line of 7{atennan Ave.; thence south along the west line of 10 Waterman Ave. to the north line of 5th Street; thence west along the north 11 line of 5th Street to the east line of Sierra Way; thence north alons the 12 east line of Sierra Way to the point of beginninf. 13 SECTION 9: ZOl~ING lCAP ADOPTED. That lEap No. l-Z, also knovm and 14 designated as "The Official Zoning rap of the City of San Bernardino", con- 15 taining a diar:ra.m of the seven zones, and the various districts thereof, in 16 different colors, showing all of the territory included in said respective 17 zones and districts accordine: to the bcundaries and descriptions therecf, is 18 hereby adopted for the purpose of describing said zones and respective dis- 19 tricts in a less cumbersome and in a more convenient manner than the detailed 20 descriptions thereof; which said 1'0.) is hereby referred to and made a part 21 hereof. The City Clerk shall certify to the adoption of said Fap, and the 22 date thereof, and immediately thereafter the said LIap shall be delivered to 23 the City Engineer and filed in his office. 24 SECTION 10: Dmy OJ.' TEE CITY ENGIEEER. That it shall be the duty of 25 the City El1f:ineer upon the i~ranting of any conditional exceptions, special 26 permit, change of zone and/or nonconforming use, tc forthwith delineate, or 27 cause to be delineated, upon said l,-Iap, in a distinctive oolor, said chan,fe sc 28 Rranted by the Cammon Ccuncil. 29 SECTION 11: BCUllDAllY LI:JE m;C::ETAII1TY. Where uncertainty exists with 30 respect to the boundary of the ZOnes and/or districts as shown on said j',ap, 31 or any bounlary line of any said zones/and districts as shovm upon said !:e.p, 32 the boundary of such zone or such district boundary line shall be determined by the detailed description thereof contained in this Article. -41- 10 11 12 13 14 15 16 , ~" 17 18 19 20 21 22 1 ARTICLE ij. 2 CHA.NGE OF ZONES -------- 3 SECTION 1: That in addition to the right, pavler and mode of pro- 4 cedure otherwise ?rovided by law, the boundaries of the zones hereby es- 5 tablished, or the districts hereof, may be changed, and the property therein 6 may be re-classified, and the uses herein proscribed may be altered and 7 re-established, whenever the public necessity and convenience and the general 8 welfare require it. 9 SECTION 2: v~RIFIED PETITION REQUn{~D. That upon the verified netition of one or more ovmers of property affected thereby, or upon the uetition of the City Planning Commission, filed with the Secretary of the Commission, describing the propert)r to be affected, and setting forth any and all facts w;dch in the opinion of petiticners establish that the public necessity and convenience and the general welfare require such change or reclassification, the !layor and Cammon Counoil may by order fix a time and place for the hearing of such petition either by said Fayor and Connon Councilor the City Planning Comrn,ission, or any Commission, board, or examiner desiGnated in such order, and thereupon the Secretary of the Commission shall r:ive notice of the time and place of such hearin~. and the ?urpose thereof, by postill[ notices not less than ten days ryrior to the date 0:' such hearing G.t distances ;]ot ~:oro t;~an ono }1t~l1c1red and fifty (150) feot a::!Rrt alan:; both 23 abuts to points thereon at least six hunClred (COO) feet each y,rU:,T alonf SLid sides cf each B.nd ever~r street u:?on w~~ich the ')ro~ert? to be affected thereby 24 street froD sUlch :oroporty, ..f'ich notices shall be headed "~':otico of Proposed " 26 25 Chan"e of Zone" printed in plain t)rpe with letters not less than One and one-half (1',) inches in hcir:ht, and in addition thereto shall contain a state- 27 ment in small type describing the property to be affectod, and settinG forth 28 the names of the petitioners and the character of the change or reclassificati n 29 desired, and the time and place of such hearing, and by whom such hearing 30 shall be heard. 31 32 be held b~r a commission, board or examiner designated by said Fayor and SECTION 3: ~~RING AlTO REPORT. That in the event such hearing shall . -42- 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 Common Counoil, said Commission, board or examiner nay continue such hearing 2 fron time to time and shall within thirty days after the oonolusion of suoh 3 hearing submit to t.l,e Fayor and Common Counoil its or his rel)ort setting forth 4 the findings and reoommendations of suoh oommission, board or exar.,iner, and 1'> whether or not the publio neoessity and oonvenienoe and the feneral welfare 6 require the ohange or reolassifioation apl)lied for in suoh petition. 7 SECTION 4: CmIT,WH C01J11CIL 1~\Y GR.Al\]T OR DENY. Said leayor and Common 8 Counoil may within thirty days after the oonolusion of any hearing held by 9 it, or within thirty days after the submission to it of the report of suoh oommission, board or examiner, by order determine vnlether or not the publio neoessity and oonvenienoe and the general welfare require the change or such reclassification applied for in suoh petition, and in the event said rayor and Cornmon Counoil shall order that the public neoessity and oonvenienoe and the general welfare require suoh ohange or suohreolassifioation, it shall, in the D~nner ~rovided by Section 1 of Article Vo provide for such change or suoh reolassifioation. SBCTION 5: That no ohange or reolassifioation for whioh an aoulica- tion shall be made as provided in this artiole shall be effeotive until this Ordinanoe shall have been amended and such ohanre or reclassifioation provided by suoh amendment. AETICLE VI. CLASSIFICATION BY ZONES ---"--_. SECTION 1: ZONE I; D',,1;;LLING (Single Family). That no building, struoture or inprovement shall be ereoted, oonstructed, established, altered or enlarced in Zone 1 whioh is desicned, arranged or intended to be oocupied or used, and no premises in Zone 1 shall be used, for any purpose other than a single family dwellinc, tOfc'ether with the usual acoessories located on the s~lle lot or parcel of land, inoluding one orivate garage oontaining spaoe for not more than four automobiles; provided, that only one such s inf,le family dwelling house shall be ereoted, construoted, established, altered or enlarged upon anyone lot or paroel of land, which said lot or paroel of land shall be not less than fifty (50) feet in width and one hundred (100) feet in depth, -43- 1 except where a lot of lesser dimensions is established b~, a recorded Dlat, 2 and Drovided, further, that no such dwellinf house or any Qccessory thereto 3 shall be erected to a hei~ht greater than t'irty-five (05) feet, nor be 4 placed within tvrenty-five (25) feet of the front street line of such lot, 6 and in case of a corner lot, not closer than ten (10) feet of the side 6 street line; and provided, further, that all such private fara[':es shall be 7 set baok at least to the sarne set baok line as the dwellinf" house and not 8 less than tvrenty-five (25) feet from any street line, except hillside 10- 9 cations where the house is built on a different elevation than the farage, 10 and except in the oase of corner lots where the farafe shall be placed not 11 closer than ten (10) feet to the side street line. 12 SECTION 2: ZOliE 2; D'!i8LLIiiG (Two Family). That no buildine:, 13 struoture or improvement shall be erected, constructed, established, altered 14 or enlarged in Zone 2 which is designed, arranged or intended to be occupied 15 or used, and no premises in Zone 2 sho.l1 be used, for any purpose other than 16 a two family dwelling, together with the usual acoessories therefor located 17 on the same lot or parcel of land, including one private garage containing 18 space for not more than four (4) automobiles; provided, that only one such 19 two family dwellin~ house shall be erected, oonstructed, established, al- 20 tered or enlarged upon anyone lot or parcel of land, which said lot or parcel 21 of land shall be not less than fifty (50) feet in width and one hundred (100) 22 feet in depth, except where a lot of lesser width and having a total area of 23 nat less than five thousand (5,000) square feet is established by a recorded 24 plat; and provided, further, that no such two family dwelling house or any 25 aooessory thereto shall be erected to a height greater than thirty-five (35) 26 feet, nor be placed within twenty (20) feet of the front street line of such 27 lot, and in case of a corner lot, not closer than ten (10) feet of the side 28 street line; and provided, further, that all suoh private garages shall be set 29 back at least to the same set baok line as the dwelling house and not less 30 than twenty (20) feet from any street line, exoept hillside locations where 31 the ''louse is built on a different elevation than the garage, and except in 32 case of corner lots where the garage shall be placed not closer than ten (10) feet to the side street line; and provided, fur-ther, that buildings, -44- 1 2 3 4 6 6 7 8 9 10 11 12 13 14 struotures and improvements may be erected, oonstruoted, established, al- tered or enlarged in Zone Two, and premises m&;' be used in said Zone Two, in aooordanoe with the 1)rovisions of Seotion 1 of this Artiole. SECTION 3: ?~\R HALF OF LOT. That in all oases where at the time of the nassare and anproval of this Ordinanoe any building desi2:ned for or used as a sing'le f!lJ!lily dwellin~ house was located unon the rear half of any lot in Zone 1 or in Zone 2, it shal1 be lawful to construct a buildinr desirned for the sole use and purpose of a sinrle f!lJ!lily dwelling unon the - - . front half of said lot; provided, that upon the oonstruotion of such single f!ll'lily dwelling u)'on the front half of suoh lot, the maintenanoe of the dwelling then located unon the rear half of suoh lot shall thenoeforth be deemed a nonconforming use, and subjeot to the oonditions and limitations herein provided for nonconforming uses. SECTION 4: ZONE 3; DWELLING (j"iultiple). That no building, struo- 15 ture or improvement shall be ereoted, constructed, established, altered or 16 onlarged in Zone 3 vi ich is deSiGned, arran~ed or intended' to be oocupied or 17 used, and no premises in Zone 3 shall be used for any purpose other than 18 multiple dwellings, including apartment houses not exceeding two stories in 19 heir-ht and bunc-alow oourts, together with the usual acoessories therefor 10- 20 cated on i:h e same lot or parcel of land, incl uding a private garage con- 21 tainin~ spaoe for not more than two automobile s for each fardl;)' thereon; 22 nrovided th~t multiple dwellings shall be ereoted, construoted, established, 23 0.1 tered or enlarGed upon anyone lot or parcel of land w'ich shall not be 24 less than fifty (50) feet in ',yidth and one hmdred (100) feet in depth, 26 except where a lot of Ie ssar width and },,'vinr: a total area of not less than 26 :ive thousand (5,000) square ~aet is established by a reoorded plat; and 27 Drovided, further, that not to exceed sixty per cent (60;: of the area of 28 such let shall be occupied by suoh multiple dwellings; and provided, further, 29 that no multiple dwelling or any aocessory thereto shall be erected to a 30 height greater than thirty-five (35) feet, nor be placed within ten (10) 31 feet of the street line of suoh lot, and in case of a ccrner lot, not closer 32 than ten (10) feet of the side street line; and provided, further, that all -45- 1 2 3 4 0 6 7 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 suoh private rarages shall be set baok at least to tlw same set baok line as the dwellin'" house and not less than ten (10) feet from any street line, exoept hillside looations where the house is built on a different elevation than the garage, and exoept in oase of oorner lots where the garage shall be plaoed not oloser than ten (10) feet to the side street line; and provided, curther, that bUildings, struotures and improvements may be ereoted, oon- struoted, established, altered or enlarged in Zone 3, and premises may be used in said Zone 3, in accordanoe vnth the provisions of Seotion One and Two of this Artiole. SECTION 5: zom;; 4; APA]{Ti,;Bi,TS, Cfi1jECBES, EOJ:'ELS. That no building, struoture or improvement shall be ereoted, oonstruoted, established, al- tered or enlarged in Zone 4 whioh is designed, arranged or intended to be oooupied or used, and no premises in Zone 4 shall be used, for any purpose other than: Apartments, ?oarding and Lodging Rouses, Chur ohes, Cl ub Houses, Courts, Duplexes, Dwelling, Eduoational Institutions, Flats, Fraternity Houses, Hotels, Lodge Halls, Medioal Clinios (Exoept Mental and Veterinary), and Sorority Houses, together with the usual aooessories therefor looated on the same lot or paroel of land, inoludinec private garage for the oooupants thereof; pro- vided that nono of said buildings, struoturos or improvemonts, or any aooessories therefor, shall exoeed three stories in height unless the area or the lot or paroel of land, upon whioh it be oonstruoted shall exoeed five / thousand (5,000) square feetj and provided, further, that none of suoh buildings or struotures shall be devoted to any business or o~eroe, or any business or oommeroial use, save and exoept: Barber Shops, Beauty Parlors, Restaurants, Swimming Pools, -46- 1 and like businesses maintained and carried en as incidental to and ac- 2 cessories of the dominant purpose of the building, structure, or improvement 3 thereon, anQ nrovided, further, that buildings, structures, and improvements 4 may be erected, constructed, established, altered or enlarged in Zone 4, /) and premises may be used in said Zone 4 in accordance with the "rovisions 6 of Section 1, 2 and 4 of t;cis Article. 7 s:SCTIon 6: ZOliE 5; STOHES, BUSn:ESSBS, SERVICES. That no building, 8 structure or improvement shall be erected, constructed, established, al- 9 tered or enlarged in Zone 5 which is designed, arranged, or intended to be 10 occupied or used, and no premises in Zone 5 shall be used, for any ourpose 11 other than the following wholesale or retail stores, businesses, and 12 services. 13 Antique Store, Art Shop, 14 Asbestos "roducts (retail sale), Auotion house or store, 15 Automobile !louse or store, Automobile parkinp; 10t, 16 Automobile sales, including general QMto repairs and services incidental thereto, 17 Automobile storage garage, Avrning or canvas store, 18 Bakery (limited to retail sales only), Bank, 19 Barber shop, Baths, turkish, etc. 20 Batter," charging and repair, Beauty parlor, 21 Bird store, Book store, 22 Bus depot, Cafe or cafeteria, 23 Candy store, Cigar or tobacco stand, 24 Cleaning and dyeing, limited to tetra chloride or 140 F. plant, Clothing store (no factory), 25 Coal and wood (stored in sacks for retail trade in quantities not to exceed twenty (20) sacks at any time), 26 Collection agency, Commercial printing, 27 Cenfectionery store (no manufacturing), Creamery, (retail sales only), 28 Dairy sales (no bottling), Dancing (bal1room or club), 29 Dancing school or studio, Delicatessen, 30 Department store, Dining room, (public), 31 Dressmaking shop (no factpry), Drug store, 32 Dry foods and notions store, Electrical equipment (appliance and supply), -47- 7 Eleemosynary institution, (public or quasi-public), Embroidery shop I Emplo;yment a,~c"'c~:, ~xhibition buildin~, Express office, Feed .store (retail.), Financial institution, Fish market, Flower shop, Fruit store, Fur and fur clothin~ store, :Furniture and house furnishinv shop, Greenhouse (commercial), , GrocerJr store, }biI' dressing parlor, Hardware store, }~t and cap store, I~y, grain and feed (retail), Yealth food store, Iwating supplies and appliances (sale), Homstitchin~ store, }lousehold furniture storage (off street parking for eqnipment), Eousehold utensils or r:oods, Ice cream parlor, Ice cream plant (using electric motive poyrer only), Jewelry store, Laundry at'sney, LaQ~dry (hand only), Leather and leatl"er ,~oods shop, Library (rental), Lunch room, Ma7,azines, ?Driodicals, l'anicure parlor, I.~assa[e .!?arlor, I'eat marl:et, nUinery shop (no factory), ];'otorcycle sale, :'ouse Yoving company (offioe Dnly), J~ovi:1E" }Jicture house, Fusionl instrurllent and sheet musj.c shop, Natatorium (indoor), ~Tcwspaper est;ablishrnent, ~';e'.~rs stand, Notions (sales), Office b1_lildinp-, Orrice equipment and suprly shop, Outical foods store, Outdoor e.~vertis h1g siGns Coasters or structures,), Pa int st ore, Pawnbroker, Pet shop, Photofraph ~allory, Piano store, Poultry, Professional offioes, Rad io sho:?, Real estate office, ;c'ei'reshment stand (uxcladin[ c1rive-in), '8 staurant, Saloon, Second-hand ~oods, wares and nerohandise where saId or stored in an enclosed bUilding, (blrr not junk or salvared naterials), 1 2 3 4 o 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -48- 10 11 12 13 14 15 16 17 18 19 20 Zl 22 23 24 25 26 27 28 29 30 31 32 1 Shoe s:,inin" stand, Shoe store, (retail), Soda Fountain, Soft drink fountain. S~oncins and pressins, Sportins soods store, Stationer:r and suppl:/ store, Tailor shop, 'lea and spice retail distribution, '::'ea room, 7elefraph office, Theatre, Tire shop (repair), ~:~ransfer 3usiness (off-ntrcet [Jar1:in;: :lor equipr.1ent), Tr1.mk and leather voods sh.op, U~)holstery shop (no factory), Ve[etable store, and 2 3 4 5 6 7, 8 9 an:r other similar retail, wholesale or service typos of business w]"".ich does not 5.nvolvc the abnormal use of trc"l.'fic faoilities, nor have a detrimental effect on nerrrlissi"ble E~djacenJc business USes such as the follawinr vl}'.ich are hercb:r c::prc:::sly ~ro''.i1;itcd :~.n Zone 5: Automobile wreckins, ?cveraF':e rmnufactt1.rinc or -bottlin,rr, It'ender allC~ bod~T rc;air s'-"c-:!G jJ Ice ~anufactlrring, Junk yards, Laundries, stew,l and vrot "Limsh, Lunber :rard, Lilk 'lOttlinc nlants, Olive oil pl~nt, Jalys.:::;e :'ardsjJ Sheet-netal s l~.ops, Ste8--rn cloan.iuf of trl?~ctors, trucks and farn implements, Wood and coal yards, provided, that wJ'!.ere t'.-l.e lot upon vlhich any such building, structure, or in?rovenent is rr.aintained is less than one hundred fifty feet in de'0th, such bui 10 in,C" jJ str1..1ct1.1re or i"l'"'Y)roVeF1.ent ma::r be maintained upon a portion or tl~e w: ole of' an~t conti~uous lot,irovided that such buildin~ constitutes a sin~le structure and (200s not exceod one hundred fifty .feet in c;epth, and has an entrance thereto frOE a street; and .:)rovided, furth.er, that Quildinr'":s, structures "nd improvements ma:' be erected, constructed, established, al- tered or enlar~ed in Zone Five, and nremises may be used in said Zone Five, in accordance with t1-1.e ;Jrov~_sions of Section One, 1'1'iO, Four and Five of this Article. S;;CTION 7: ZOlm 6; LF:lIT IEDUS'i';:cIES. That no bui.ldinf', structure, er imnrovement shall he erected, constructed, established, altered or -49- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 enlar,!!,ed in Zone Six w"ich is dcsiCncd, arran("!ed or intended to be occupied 2 3 or used, nnJ no Dremises in Zone Six shall l)e used, for au;,' nnrpose other than: 4 5 6 7 8 9 Lnimal hospital, Animals (keeuinc of), Auto laundry, L ~).tc~''-o 1_'i Ie ") O(~:" anc fa T1':~er re !lair, .1\..utor::o;'ilc, i;r~~1_cl:'_,'~",~_F. i:-.1')lcBcnt, and :iTi2<ch:tner;r 17recl::in,r: in lnlil( in"', Auti:mlObile used ~arts, (storar'c in buildin~), ?al:::er~.r (....[1101080.10), ~lo.cksr~_it!l s~~o~!, rattlinG' plant, . 'rush y-:anufe.cture, Cntinot shop, '~[',nc,;: E['.:r1,_,-f8.lJturc, en? F'_anui'2.cture, :::;C'.rDct C leanin,(", Cer.:ent, li.'1.c and nlc.s.be r 1;il",rehous inr, C ir"'ar li'actor?, Ciparette factory, Chemist sho'l, or tostin,:" la1';orator;v, Clcaninp and dyein':" ....mr1cs" (see Zone 5), ClothinG ITlE'~nufacture, Coffee roastin.r:') Cold stora.<"e nlant, Cookie ~anufactt~e, Coopera~~e ':mrks, Contri?ctors ',ll?nt or stora0:e yard, r::ornice ',:rorks, Cosmetics nanufactu.re, Crca~ery products, Curtain cleaninr', Dress }Jl...anufacture, 1)r~.r clc8.l1:tn..c ;-)lant, (see Zone 5), D~Te Hor ks , ""arr,, imDlements conDletel,' assenbled, (retail sales), l'ilm stud io, ::::o..r!':1cnt Tfi[l.:.1ufacture, :'-_at L:anufacture, :,-8.:,- be.rn, (exce?t ot1.1cr'irise ',irohibited b~r or(l,inance), Ice factory or distributinv" _Iron works, (ornamental), Enittine.: nill, Laundry, Lurnoer :,rard, ~'_arkets, (public) :"arm.er Goo~r... Iaterial yard, Eave 1 t:r rc..anufacture" Plumbin:; and heatin[ suppl~r shop, Potato chip factory, i~epair shop, Sash and d oar manufacture, Sheet :reetal works, Soft drink bottlin[, Soft drink manufactltrc, Tamale factory, Tire factory, Toy ~anufacture, U)lholstery manufacture, -50- 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 }[arehouse, 1[[ood nroduots manufacture, and .~'{ood j.rard, 2 3 and the rr,anufacture of small articles and objects w1cich in their maintenance 4 and operation do not omit obnoxious gases, noises or odors, excluding the 5 manufacture of explosives or other articles or materials, danrerous to 6 publio health or public safety; Drovided, that bUildinrcs, structures and 7 improvements may be erected, constructed, established, altered or enlarged 8 in Zone 6, and premises may be used in said Zone 6, in accordance with the 9 provisions of Section I, 2, 4, 5 and 6 of this Article. SECTION 8: ZOlm 7; i(8;;,VY HIDUSThIES, MID ALL OTH8R USES HOT EX- p;mSSLY ;'lWJ:IBITED EERETI{. 'That all buildin[",s, structures, and improvements may be erected, constructed, established, altered or enlarged in Zone 7, and the premises may be used in Zone 7 for any 1)urpose herein zoned, and all industrial purposes not Drohibited by law which are not noxious or offensive b~r reason of the emission of odor, ,~~as, dust, smoke J soot or noise, such as the follavring, w',ich are hereby expressl~. ')rohibited in Zone 7 and all other zones within the city: Crematory, Curing and tannini' raw hides and skins, }'ire works or eXDlosives (manufacture or storage), Gun povfder, Reduction of garbarce, dead animals or refuse, Slaughter of animals, or Stock-yards. SECTION 9: COllDITIOliAL BXCEPTION ;iEQUI;CED. That no premises in any of the zones referred to in Section 1 to 8, inclUSive, of telis Article, shall be used for: Automobile court, Automobile repair SllOP, Autonobile service station, Automobile trailer camp, Automobile v~ecking establishment, Dine and dance establishment, Drive-in, eating or drinkin~ establishment, Garage (commercial), !"Tospital, Infirmary, Junk Yard, Eotor inl;l, Public ~e of mcusement, Sanitarium, Shooting callery, -51- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 Dndertakin~ parlor, and Used oar lot, 2 3 or any use ;:orohibited in Zone 7, save and exoept pursuant to a oonditional 4 exception oreated therefor as :)rovided in Artiole III of this Ordinanoe; 5 and no buildinG, struoture or improvement shall be ~ereafter ereoted, oon- 6 struoted, established, altered or enlarged in Zone 1, 2 or 3, upon any 7 rropert~t publicly ovmed or publicl-:/ ;?ossessed, without e. conditional excep- 8 tion has been made therefor. 9 SECTIOn 10: :COOlnllG HOUSE EXEl'PTION. That anything herein Ito the contrary notwithstandinc, any buildinp or struoture may be used for roomin~ house purposes in Zones 1 to 7, inclusive, which otherHise conforms to the character of building or structure 0ermitted in such Zones, respectively; provided that in Zones 1 and 2 no a0vortisin~ siens or matter are maintained or dis!,le.yed upon or adjacer..t to -t}"_:_e lot l_~p(;n w~-ich such dwellinz is 10- oated; and provided, fl~ther, that in Zones 1 and 2 not to exoeed three ~;;ersons, in addition to t,};.c ll;emt;crs of the frunil~r are ~)orTIit.~,ed to OCC:'lP::t or room 's>ercin. SEC~TOl~ 11: =,:~I<':':,':::..L Cl" L,:ILDIl:GS. That no builcinr:: sh8.11 [)O re- r:'.oved fraE. one Zone t;o a!.1other ,mless such build ins conforms to tho require- !:lonts >erein s;?ecifiec1 for buildilv's, strw~tures, and iy;lllr'ov6T18nts -v'[ii~hil1 t>c zone to -,l.loh 31..1-011 tuildinc; is to be moved. SECTION 12: BUILDING l:1';.Y BE EXTEEDED. That any building, sJcruct1J.re, or imrrovenent w1:.ich has been erected, constructed or established in con- ~ornity with tDe ~rovisions hereof may be extended, and the use of any :?remises which shall be used or occupied in oonforrnity vlith tho ~rovisions ':tereof may be extended to a point not more than fifty feet outside the boundary line of the zone in whioh suoh building, struoture, improvement or "remises are looated, upon the ')etition of any ')roperty owner filed with the Seoretary of the CO!!Enission statinr all faots relied UDon b,r the :oetitioner; Drovided no filinG fee shall be required for the filing of suoh TJetition. SBCTIon 13: PAH.KIHG SP"~CE. There shall be ..,rovided on eaoh building- site a ~arage or parking spaoe for at least one automobile for eaoh fmlily -52- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 unit or apartment contained on such site; provided, h~flever, that ~ara~e and parkin~ space capacity for hotels and hospitals need not exceed one-third ~ (.' - ,. ~. .'. 0/3) the number of guest rooms. LHTICLE VII. cSE lU'D OCCUPANCY SECTION 1: CERTIFICATE REQUIRED. ]10 vacant, moved, altered, repaired, or hereafter erected building shall be occupied or used for business or in- dustrial purposes unless and until a certificate of use and occupancy shall "ave been issued by the CO!l'J'lission or an officer thereof, desif"nated by said Commission for such ~urposes. SECTIOll 2: APPLICATIOll. The application for a certificate of use and occupancy shall designate the preraises and the zone in which said premises are situate and state the kind of business to be conducted upon the premises for w)' ich a business license shall be issued. Said a'O)'llication shall be si[,ned by the owner, his a,.ent, lessee, or other person having an interest in said premises or the business to be conducted therein. SECTION 3: .i(ECOl'J)S 51JALL DE ;(EPT. A record of such certificate shall be v~pt on file in the office of the Secretary of the Planning Commission and cD;1ies thereof shall be fv.rnished npon request to an~l person mming, hav- in~ an interest in, or hRvin~ the ri~ht to use such property. SECTION 4: LIGElTSE.~ OT '::0 ISSUE. ~]o business license shall be issued b:' the Cit~{ CIerI:, other than a renevral of an existing license, for any premises used for business or industrial purposes, unless and until there shall be issued and outstandinv, a certificate of use and occupanc~r shavring said ~roperty to be classified for use for the proposed or contemplated use set forth in such ~usiness license, except in the case of nonconformin~ uses existing at the time of the effective date of this Ordinance, or amendm,ent thereto, in w',ich case such nonconforminr certificate of use and occupancy shall be sufficient. -53- , 1 ARTICLE VIII. 2 GENERAL PHOVISIONS 3 SECTION 1: nLIlTG ~"EE. That an,' petition provided oy the nro- 4 visions hereof shall be presented by the Secretary of the City Planning 5 Commission to the Fayor and Common Council at the next meeting; thereof 6 after the decision of the Planning Commission; provided, that unon the 7 filinp; of a petition for a cccnditional exception as ,'rovided in Article B III hereof, or a :?etition for a chanr::e of zone as provided in Article V 9 hereof, the petitioner shall pay to the Secretary of the City Planning 10 Commission at the time of the filing thereof a filing fee of 00.00 for 11 each conditional exception, and a filiu7 fee of 025.00, plus $1.00 for each 12 lot sought to be changed, for a chanre of zone, whioh shall be deposited in 13 the General Fund and disbursed in pa);'nent of the expenses inourred pursuant 14 to the provisions of suoh ;Jetition and for other lawful purposes. 15 SECTION 2: BUILDING SET SAC!:. That in eaoh block in w>ich fifty 16 (50) percent or more of the lots on the same side of the street shaU'have 17 been built upon in conformity with a fairly even and determinable front 18 building line 10cated more than ten feet from the street line, all buildinrs 19 thereafter ereoted or established in any suoh blook on the same side of the 20 street shall be ereoted or Gsto,blished in/conformity with said front 21 building line detern;,ned b,' buildin?,s already erected on fif'ty Dor cent of 22 such lots. In detenninin.r w',ether or not a front building line has been so 23 determined am establi.shed, the fair intent and ;:>urDose hereof shall be con- 24 sidered and minor irregularities i!"nored. In the event that the Building 25 Inspeotor shall be una1,'le in any instance to decide the question of the 10- 26 cation of such front building line to the satisfaction of any a1plicant for 27 a building nermit, or any ether person W'10 may feel agp;rieved bJ' 'ds action, 28 the Connon Counoil or the City Planninr: Cor.nnission of the City of San Ber- 29 nardino shall j,nvestigate and detennine the location of such front buildinr; 30 line by order made on motion in accordance with the purpose herein set out. 31 SECTION 3: VIS1'Ai:CE BEniEE,'N BlJIIJJINGS. That the distance between 32 buildinp's, the width of side :'ards, and rear yards, in ZoneE 1, 2, 3, and 4 -54- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall be regulated by the provisions of the State r:ousin~ Act as now embodied in tlce :~ealth and Safety Code of the State of California, or as the same J'1.ay be "ereafter a..'TIended by the Ler;islature. SECTION 4: USE DJS1 COnFaB!; 1'0 ZOIT::. That, except as provided in Articles II and III, no buildin~, structure or ?remises, or any part thereof, shall be crected, constructed, altered, maintained or used, or to be used, for any !,urpose other than a !'urnose pernitted hereby in the zone in "Teich such bUilding, structure, ~remises, or a ~art thereof, is located. The ex- press authorization herebJT of a particular class of buildine:, structure, nremises or use in a desi~nated zone, shall be deemed a !,rohibition of such buildin~, structure, !,remises or use in all other zones of more restricted classification. SECTION 5: BUILDINGS TO COIiFORl': TO BUILDING CODE. That every building:, structure or inprovement erected, constructed, established or ;:>laced in Zone 5, shall conform to the nrovisions for Type I, Type II, or Type III bUildinFs, as provided for and defined in the "Uniforn :Suilding Code, 1840 Edition", adOpted by reference by Ordinance No. 1138 of the City of San Bernardino, or any amendment thereof, and that every bUilding, structure or improvement nmv located in Zone 5, or located upon ~ronerty which shall hereafter be embraced Or placed in Zone 5, vn,ich shall be enlarged, altered, raised or built upon, to an extent exceeding an expenditure of twenty per cent (20;:) of the val ue of such building, shall be nude to completely compl,' with the reqdrements of s8,id Building Code for a Type I or I'ype II or Type III buildin~. SECTIOn 6: lJUILDIHG PE:Q:ITS. 'To building Dermit shall be issued by the Building Inspector of the City of San Bernardino for the erection or al- teration of an:' building or structure Or for tho Use of any premises contrary to the "rovisions of this OrdinanceJ )rovided, havrever, l1othin.r:- herein con- tained shall require any chan~e in the plans, construction or desirnated use of a building for w',ich a buildinr permit has been issued Drior to the ef- fective date of this Ordinance. -55- 10 11 12 13 14 15 16 17 18 19 20 21 1 SECTICN 7: SIGlTS. One (1) unli["hted si,m, pertaininr onl~1 to the 2 sale, lease or hire of onl~{ the particular buildin,c~, ~ropcrt;: or ~romises 3 upon w:-ich displayed, v( 5.oh shall not exceed six (6) square feet in area; or 4 one (1) sip;n or nlacard only to a,l,vertise a '1rofessional callin[" or hOC',c 5 occupation, the surface area of vl-~ich sir'D shall not ex:ceed tVfO (2) square 6 feet, shall be 'Jermitted in Zones 1, 2, 3, and 4. 7 .Al"LTICLE IX. 8 El1i~CT}..~rJT AND BElfUHCEl"E1IT 9 SECTION 1: C(YSIlJEr~A'":Ol;. In enactin€'. t"is Ordinance the Cor.'.mon Council has ~iven reasonable consideration to the character of the various .ones and districts thereof herein established, the ,.,eculiar snitability of each for )"articular uses, the conservation of property values, and the direc- tion of buildinG development in accord with a well considered nlan; also, to the character of buildings now erected in each zone or district, the value of the land, and the use to w, ich it may be put, to the end that t.he re!,:ulations herein imposed may promote the public health, safety and general welfare. SECTION 2: INTERPRETATION. In interpreting and applyinp; the pro- visions of thi,s ordinance they shall be held to be the mininl\.ID1 re'luirements adopted for the promotion of the public health, safety. comfort, convenience and reneral welfare. It is not intended by t'lis ordinanc6ito interfere with any existing provisions of law or ordinances or any rules, regulations or 22 nermits previously adopted or 'ssued or which may be adopted or issued pur- 23 suant to law relating to the use of buildings lor premises; nor is it intended 24 by this ordinance to interfere with or abrogate or annul easements, covenants 25 or ot~er arreements bet\veen parties; provided, ~oVlever, Vthat 'where 'this or- 26 dinance inposes a g'ree.tcr restriction upon the use of bu.ildin.;s or preL1ises 27 or UDon heir:ht of buildinrrs or requ.ires larger yards... courts or other 0:)6n 28 spaces than are imposed or req1.:_ired by such existing '!rovisions of law or 29 ordinances or by such rules, refulations, or ?ermits, or by such easer::ents, 30 covenants or e.e;reements, t~'1en, and in that case the ?rovisions of t~:}is or- 31 dinance shall control. 32 -56- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 SECTION 3: OFFICE~~ DESIG~V\TZD. T~is ordinance shall be enforced 2 b:' the GitJT ;jngineer, 5uildiu1!, Inspector, F.ealth Officer, C:liei' of Police, 3 Ch.ief En~ineer of l'~ire Department, the GOI.:J.:ISSIOE, or such other officer as 4 may be designs. ted by resolution of the Common Council. o SECTIOlT 4: ACTION TD .ii3Al'E. An~r b1_1.ildin~ set up, erected" built, 6 altered, moved or maintainod, and any use of any ~remiscs contrary to the 7 Drovisions of t'-;.is ordinance shall be, and t':le/18.rle is, hereby declared to 8 be unlavlful and a 9ublic nuisance, anc1 an action, or actions, for the abate- 9 n:ent, rEmlove.l and/or enjoininc thereof may be maintained in the Iil.anncr nro- 10 vided by law. 11 SECTION 5: DUTY OF OEFICE;S. That all departments, officials, or 12 r:lUb1ic employees, vested vlith tho duty or authority to issue pernits or li- 13 censes where required by Im".J, 81mll conform to the -:;rovisions of' t~1is 01"'- din~,noe and is sue no such license or permit for uses, buildin,~:s ~ or :)ur- poses 1"Y~-lere the Sf'...ne wou.ld be in conflict with tlle qrovisions of ti'lis 01"'- 9 \ , dinance, an4', any such license or :;>emit, if issued in conflict 1'rith the Dro- visions of this Ordinance, shall be null and void. SECTION 6: El"i>'ECT C'it' C:rmIlUl.l'TCBS. That if any section, sUbsection, sentence, clause or -::hrase of t:~_is Ordinance is for any reason held to be invalid or unconstitutional by the decision Qf any court of competent jurisdictio!l, such decision shall ;:ot e,ffect the vdid1.ty of the remaining: portions of the Ordinance. The Fayor and Cornmon a-ouneil of the Cit~r of San Bernardino hereby declare that the,' would have oassed t]-,is Ordinance and each .~ .j 3j >i section, subsection, sentence~ clause and nhrase thereof, irrespective of i~he fact t~'1E.\t anyone or nore other sections, s~lbseotions, clauses or ;Jhrases be declared invalid or unconstitutional. A;cTICLE X. PEl~ALTIBS },i-;D :mPEAL --------- SEC~ION 1: PEl~\LTYo That any person, firm or corporation violnting ~ "'] any of the provisions of this Ordinance shall be deemed ,;uilty of a mis- r1emeanor, and upon conviction thereof shall be l)unishable bJ, a fine of not more than five hundred (~)500.00) dollars, or by imprisomoent in the City or -57- / 14 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~ I 1 County Jail ror a period of not more tl:an six months. or b~r both such fine 2 and imprisonment. Each person;f firm or corporation shall be deened f:ui1ty 3 of a separate offense for every day dttrins any portion of 'w::ich an~r '7iolation 4 of any ryrovision of ~lis Ordinance is comnitted, continued or permitted by 5 such "erson, firm or corporation and shall be punishable therefor as Drovided 6 b:,r t~l,is Ordi !Jance. 7 SECTIon 2: ;L:;PEAL. That Ordinances l'os. 1250 and 1437, and all 01'- 8 dina'nces amendatory thereof, shH,ll be renealed upon the adoption of this 9 Ord inance. 10 S]~CTIOE 3: E!i'F;~iCl'IVE DL.TE. T>is Oro,inance shall be in force and 11 take effect from and after t: irty days after its passafO and aDDroval. 12 SECTION 4: PL~LICATION. The City Clerk shall cel~i~! to the pas- 13 saf,'e of t'~,s Ordinance and shall cause the sa,"" to be published three con- 15 secutive times in the San Bernardino :JaU~' Sun, a daily newspaper hereby desir:nated for that purnoseg 16 I EEiliJBY CEZi'IFY that the fore["oin" Ordinance was dul;! adopted by the 17 Fayor and C=on Council fJ the City of San Ber1ardino at a re["ular meetini': thereof held on the _i-:cay of ~ 1942, by the followin"l vote, to-wit: . f 1942. o -------.--.-.--..-.-- I hereby approve the "yo, ~ Ordinance t?f :n~~or of City -o-f sanBernarditio-:----,.,- Prepared and approved as to form. ~ZJ----- -58-