Zoningor "I lit di fh C” {ta in??? bi! $1.11.: , 1 Ordinance No. 227 1’32??? Alameda City Ordinances New series ORDINANCE NO. 227 New Series ESTABLISHING DISTRICTS , 0R ZONES AND REGULATING THERE- IN THE USE OF PROPERTY, HEIGHT OF BUILDINGS, AND RE- QUIRED OPEN SPACES FOR LIGHT AND VENTILATION OF SUCH BUILDINGS, AND REPEALING 0R- DINANCES NOS. 144, 149, 185, 191, 197 AND 210, NEW SERIES BE IT ORDAINED by the Council of the City of Alameda as follows: Section 1. That public health, com- fort, convenience, safety and welfare in the City of Alameda require that the use of private property be regu- lated, and that districts or zones be established throughout the city withln some of which it shall be lawful and in others unlawful to erect, alter or maintain certain buildings or make certain uses of property; that therefore various parts of said city be and they are hereby divided into residential, business and industrial districts or zones which, in turn, are subdivided so as to provide in all for eight different classifications; that said classifications are shown, and de- lineated on that certain map entitled, “Diagram of Use Districts, Building Zone Map of the City of Alameda,” filed in the office of the city clerk, and hereby adopted as the official Zone Map of said city and made a part of this ordinance. RESIDENCE DISTRICTS Class I Residence Districts of Class I are hereby established as shown on said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for the accommodation 01' more than a single family and has more than one kitchen, unless said restriction is removed as hereinafter provided; however a portion of such a dwell— ing may be used for dressmaking or the office of a physician, surgeon, dentist or notary public, orfor the studio of an artist, teacher or musi- cian. No single family dwelling shall be more than two and one-half (2%) stories or thirty-five (35) feet in height from the top of the curb to the finished ceiling line of the at- tic. RESIDENCE DISTRICTS Class 11 Residence Districts of Class II are hereby established as shown on said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for any purpose other than a. single family dwelling,’ flats, tenements, boarding house, lodging house, club, fraternity dwelling, apartment house or hotel'without stores; provided, professional or vocational offices, such as specified in Class I, may be estab- lished therein. No building or structure shall be erected, altered or maintained in Residence Districts or Class II which shall be more than three and one- half (31/2) stories or forty—five (45) feet in height from the top of the curb to the finished ceiling line of the attic. BUSINESS DISTRICTS Class III Business Districts of Class III are hereby established as shown on said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for any purpose other than a resi— dence of; Classes I or II, business or professional offices, retail stores, trades or theaters. Light manufactur- ing may be carried on therein in connection with such uses, provided not more than tWenty-five per cent (25%) of the total floor space of a building or structure is used there- for, but no business, trade or industry shall be permitted in any of said districts which is nexious or offensive by reason of the emission of odor, dust, smoke, gas, Vibration or noise. BUSINESS DISTRICTS Class IV Business Districts of Class IV are hereby established as shown on said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for any purpose other than a resi- dence of Classes I or II, or an as— sembly hall, church, or private school. BUSINESS DISTRICTS Class V Business Districts of Class V are hereby established as shown on said map; and no building, structure, or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for any other purpoSes than those of Classes I, II, III and IV hereof, or for a bath house, commercial recreation park, undertaking parlor, public gar- age, gasoline or oil supply station, feed, fuel or construction material business, dyeing or dry cleaning es- tablishment, or any wholesale busi- ness. BUSINESS DIST‘RICTS Class VI Business Districts of Class VI are hereby established as shown on said map; and no building, structure or premises shall be erected, altered or maintained in any of said districts which is designed, intended or used for any other purposes than those of Classes I or II, or for a clinic. day nursery, charitable institution, sanitar- ium, asylum, private hospital, or other institution for the treatment of dis- ease. INDUSTRIAL DISTRICTS Class VII Industrial Districts of Class VII are hereby established as shown on said map: and no building, structure or premises shall be erected, altered .or malntained in any of ‘said districts Ordinance No. 227, New Series (continued) which is designed, intended or used for any other purposes than those of Classes 1, II, III, IV, V or VI hereof, or for any wholesale or retail business or in- dustry; provided no crematory shall be permitted in any of said districts, nor any business, trade or industry which involves the making or utilization of soap, candles, glue, tallow, oil, chemi- cals, gunpowder or other explosives; or which involves bone boiling, fat boil- ing, tanning, dressing or preparing skins, hides or leather; nor any busi- ness, trade or industry which is nox- ious or offensive by reason of the emission of odor, dust, smoke, gas, vibration or noise. INDUSTRIAL DISTRICTS Class VIII Industrial Districts of Class VIII are hereby established as shown on said map; and a building, structure or premises may be erected, altered or maintained therein for any residential, business, industrial or other use not prohibited by law. EXISTING BUILDINGS AND PREM- ISES Sec. 2. Any lawful use existing in any building, structure or premises at the time of the passage of this ordi- nance may be continued therein, al- though not conforming to the district in which it is maintained; provided that in case a business or industry is being maintained in a residence dis— trict at the time of the passage of this ordinance, the building, structure or premises in which it is maintained shall not be enlarged in height or bulk or reconstructed of more permanent material. REVERSIONS OF EXCEPTIONS Sec. 3. In case a building or struc— ture on any premises which is bound- ed on three or more sides by a differ— ent Use District, should be razed or removed, or be more than fifty per cent (50%) burned, destroyed or deter- iorated, then, and without further ac- tion by the council, such premises shall be automatically reclassified, without notice, as a district of the same class to which it had previously formed an exception; and thereafter such prem-r ises shall be subject.to all the restric- tions of such new classification. For the purpose of ascertaining the kind of districts by which such a building, structure or premises is bounded, any intervening streets or alleys shall be disregarded. PRIVATE GARAGES AND OTHER OUTBUILDINGS Sec. 4. The customary outbuildings such as private garages or other sub- ordinate buildings may be erected, al- tered or maintained as accessories to any main building, provided their use is incidental to the use of such main building and they are situated on the same lot or parcel of land as the main building. Garages or other subordinate build- ings in “residence districts,” erected, altered or maintained for the purpose of renting them out to persons other than those occupying the main build- ing on the same lot, shall not be deemed accessories, but such use shall be deemed a “business” and con- stitute a violation of this section. CHANGING FROM CLASS I TO CLASS II Sec. 5. The owner of any property in a Residence. District of Class I may erect or remodel a building therein so that such building may be used for any of the purposes authorized in Res- idence Districts of Class II, provided the application for a building permit therefor is accompanied by the writ- ten consents of the owners or author- ized agents of more than one-half of the area of property situated within three hundred (300) feet outside of the exterior boundaries of the prop- erty on which the building is pro- posed to be erected or remodeled; provided the owner of such property shall first file with the city clerk, in writing, a declaration of his intention to circulate a petition for such writ— ten consents. Immediately upon receipt of such a declaration the city clerk shall cause to be conspicuously posted along that portion of all the streets within. the area aforementioned, and at least one (1) on ea‘ch side of each block or fraction of block therein, notices of the filing of said declaration of in- tention. At least three (3) of said notices shall be posted on the side of the block in which the change is proposed, and three on, the side of the block opposite thereto. Said no- tices shall be headed “NOTICE TO CHANGE ZONE,” in type one (1) inch in height or larger, briefly de- scribing the building proposed to be erected or remodeled, and notifying all property owners within said area that it is the intention to circulate a petition for such written consents. All of said notices shall be posted at least five days before any paper is circu— lated for signatures, and any signa- tures obtained prior to the expiration of said five (5) days shall be null and void and of no effect. Said n0- tices shall be substantially in the fol- lowing form: NOTICE TO CHANGE ZONE Notice is hereby given that it is the intention of the owner of the property described as follows: so so u. c. a. to circulate a petition for written consents to construct and maintain ....... .. . . . . . . . . . .on said property. Posted, ............ , ..... 19. . .. ...................... City Clerk. After five (5) days have elapsed from the time of posting said notices, but not later than thirty (30) days thereafter, signatures to said written consents may be secured by the pe- titioner. Said written consents shall be signed by the owners or their authorized agents, and shall be ac- companied by general plans or a sketch of the building proposed to be erected or remodeled, and have an affidavit annexed thereto certifying to the authenticity of the signatures. They shall be substantially in the following form): CONSENT AND PETITION TO RECLASSIFY A DISTRICT FROM CLASS TO CLASS— To the City Planning Commission, City of Alameda; We, the undersigned owners of property situated within 300 feet out- side of the exterior boundaries of the Ordinance No. 227, New Series (continued) property described as follows: . - hereby 'cdfiséht' 'to' Enid petition fdr as construction and maintenance of a ................. on said property, and the reclassification of said property under the Zone Ordinance of the Clty of Alameda from a ................... . District, Class ........ , to a ........... .............. District, Class........... AND WE HAVE SIGNED THIS PAPER WITH THE CLEAR UNDER- STANDING THAT NO PERSON WHO HAS ATTACHED HIS 0R HER SIG- NATURE HERETO SHALL HAVE ANY RIGHT TO WITHDRAVV THE SAME. Name Residence Date of Signing sate '03: California, ')' ss. County of Alameda. ) ................... being duly sworn deposes and says: That ..he.. secured the signatures hereto and know.. that each is the bona fide signature of the person whose name it purports to be. That he exhibited to each signer plans or a sketch of the building proposed to be erected or altered. That he answered fully all questions concerning the proposed change and made no misrepresentation concerning same. (Signed) ........................... l Subscribed and sworn to before me the ........ day of .......... , 19 ...... .................... City Clerk. No person who has given his or her written consent as herein provided, shall have a right to withdraw the same, and any application to with- draw a signature shall be disregarded, except it be accompanied by an affi- davit of the signer alleging that his or her signature was obtained by fraud or misrepresentation. Whenever sufficient written con- sents have been obtained and property has been changed from Class I to Class II, as herein provided, the building inspector shall immediately notify the city council so that "the change or reclassification may be made by ordinance as provided in Section 10 hereof. CHANGING FROM ANY DISTRICT TO ANOTHER Sec. 6. Any property in any dis~ trict whatever may be changed and reclassified in the manner follow- mg: The owner of such property shall first file with the city clerk, in. writ- ing, a declaration of his intention to circulate a petition to have his prop— erty reclassified. . Immediately upon recelpt of such a declaration, the city clerk shall cause to be conspicuously posted along that portion of all the streets w1th1n an area of three hundred (300) feet out- side the exterior boundaries of. _the property desired to be reclasslfied, and at least one (1) on each s1de of each block or fraction of block here- in, notices of the filing of said dec- laration of intention. At least three (3) of said notices shall be. posted on the side of the block in which the change is proposed, and three (3) on the side of the block opposite there- to. Said notices shall be headed “NOTICE TO CHANGE ZONE” in type one (1) inch in height or larger, briefly describing the property and the change desired, and notifying all property owners within the area aforementioned of the intention to circulate such a petition, also that said petition will come up for hearing before the city planning commlssion on a certain day and hour (specifylng the same), which time shall be fixed by the city clerk upon agreement with the petitioner. All of said no- tices shall be posted at least five (5) days before any petition may be cir- culated for signatures, and any s1g- natures obtained prior to the expira- tion of said five (5) days shall be null and void and of no effect. Said notices shall be substantially in the following form: NOTICE TO CHANGE ZONE Notice is hereby given that it is the intention of the .OWner of the property described as follows: , £6 'c'ir'cinét'te' 'a.’ petition. 'fb} 'éhéthgi'rig‘ and reclassifying said property from a .......... District, Class... . . . . ., to a ........ District, Class. . . . . ., in order that ............. ‘ ...... ,. may be con- structed and maintained there-on. Said petition, in case sufficient signatures are secured, will come up for hearing before the City Planning Commission, in the city hall, ..... . ............ . . . . . evening, ................. , 19...., at 8 o’clock p. m. Posted, .......... ....19.... CityCIerk Sec. 7. After five (5) days have elapsed from the time of posting said - notices, but not later than thirty (30) days thereafter, a petition, de- scribing the change desired, may be oirculated for signatures and then filed with the "city clerk. Said peti- tion shall be accompanied by general plans or a sketch of the building desired to be constructed on the prop- erty proposed to be changed and re— classified. and shall have an affi- davit annexed thereto certifying to the authenticity of the signatures. Said petition and affidavit shall be substantially in the same form as set forth in Section 5 hereof. An-y inform- ality in a petition, or any question as’to the sufficiency of a petition Ordinance No. 227, New Series (continued) shall be decided by the City Planning Commission, and the decision of the commission shall be final and con- 'clusive. At any time prior to said hearing any owner of property situated with- in the area aforesaid, may make writ- ten objections to the proposed change, and deliver them to the city clerk. HEARINGS BEFORE THE CITY PLANNING COM‘MISSION Sec. 8. All hearings on such peti- tions shall be held before the City Planning Commission; provided, no pe- tition shall be heard or be entitled to receive any consideration whatever unless it has been signed by the owners or authorized agents of not less than thirty per cent (30%) of the area of property situated within three hundred (300) feet outside of the exterior boundaries of the prop- erty proposed to be changed and re- classified. The commission shall hear the petitioners requesting the change and those who filed written objec— tions thereto, and, after due consid— eration of the matter, the commission shall, without delay, submit a report in writing to the city council, recom— mending that the petition be granted or denied. The commission may make such other recommendations in con- nection with the matter as it may deem pertinent thereto. If the city council approve the rec- ommendations of the city planning commission, it shall pass an ordi- nance reclassifying the district ac- cordingly; provided, the council may remand the case to the city planning commission for reconsideration, where- upon the commission shall again con— sider the matter and again report to the city council. On reconsideration the commission may again hear tes— timony if it deem the same advis- able, but it shall not be necessary to again post notices in any case. Upon receipt of the commission’sreport af- ter such reconsideration, the city council shall render a decision grant- ing or denying the petition, and such decision shall be final and conclu- sive. CITY COUNCIL MAY CHANGE 0N ,ITS OWN INITIATIVE Sec. 9. The city council may make any changes or reclassifications on its own. initiative,» and without a pe- tition therefor, provided that notice first be given of the proposed change and a hearing be held by the city council in the time, form and man- ner as hereinbefore provided for no- tice and hearing before the city planning commission. CHANGES BY ORDINANCE Sec. 10. All changes or reclassifi- cations shall be made by an ordi- nance substantially in the following form: ORDINANCE N0.-——, N. S. RECLASSIFYING PROPERTY Be it ordained by the Council of the City of Alameda as follows: Section 1. The property described as follows: is hereby changed and reclassified from a .......... District. Class. . . . to a .......... District, Class .......... (Signed) ............................ Attest: .................................. City Clerk. TEMPORARY USES. Sec. II. Notwithstanding any of the foregoing provisions, the city plan- ning commission may, upon petition, notice and hearing as aforementioned, recommend to the council the granting of a temporary permit to use certain specified property for a purpose not authorized in the district in' which such property is located. Such tem- porary permit may be granted by mo- tion or resolution, and shall be re- vocable at the will of the city coun- cil or extend for a time specified in the grant thereof, and it may be granted subject to such other limi- tations and conditions as the city council may impose. RENEWING A PETITION. Sec._ 12. Whenever a petition for Changing and reclassifying certain property has been denied, the same. cannot be reneWed for six months thereafter unless the renewed peti— tion be signed by the owners of at least fifty per cent (50%) of the property the owners of which pre— viously objected to the change; how- ever this provision shall not prevent the city council from acting on its own initiative in any case or at any tifme, as provided in Section 9 here- 0 . YARD AREAS FOR RESIDENCE DISTRICTS Sec. 13,—No buildings or structures shall be erected or altered in Resi- dence Districts of Class I which are not detached at least four (4) feet from the side lines of the adjoining property; provided, that where a building covers a portion of two lots, the two shall be treated as one for the purposes of this section; and pro- vided further, that the requirements hereof shall not apply to garages or accessory,structures situated in the rear of any lot and beyond the rear line of any residence thereon. No buildings or structures shall be erect- ed on any lot or have additions made thereto so that the aggregate area covered by all the buildings or struc- tures on said lot shall exceed fifty per cent (50%) of the total area of said lot. The yard areas for Residence Dis- tricts of Class II shall be the same as provided by the State Tenement House Act. SET-BACK LINES Sec. 14. It shall be unlawful for any person, company or corporation to erect or locate a building or other structure on any lot in a residence dlstrict unless the same be set back from the street in front thereof to a 11ne not less than twenty per cent (20_%) of the depth of such lot and which, in the case of corner lots, shall also be set back from the side street to a line not less than fifteen per cent (15%) of the Width of such corner lot; provided, this prohibition may be modified and a building or other structure located. nearer to the .street if such person, company or corporation first obtain consents in writing of the owners or their au- thorized agents owning a majority of the frontage of property in the block Ordinance No. 227, New Series (continued) on the side of the street on which said lot has a frontage. When, in the case- of a corner lot, it is desired to locate a building or structure nearer to the street on the side as well as on the front thereof, majority consents will have to be ob- tained from the owners in the block on the side thereof, as well as from the owners in the block on the front thereof. , Before any written consents may be obtained as herein provided, the own- er of such lot shall file with the building inspector, in writing, a dec— laration of his intention to circulate a petition for changing the set—back 1ne. Immediately upon receipt of such a declaration, the building inspector shall cause to be conspicuously posted in the block on the side of the street upon which said lot has a frontage at least three (3) copies of a notice of the filing of said declaration of intention. Said notices shall be head- ed “NOTICE TO CHANGE SET—BACK LINE” in type one (1) inch in height or larger, briefly describing the property and the change desired in the set—back line, and notifying all property owners on the face of said block of the intention to circu- late such. a petition. ~ Said notices shall be posted at least five (5) days before any peti- tion may be circulated for signatures, and any signatures obtained prior to the expiration of said five (5) days shall be null and void and of no ef- fect. Said notices shall be substan- tially in the following form: NOTICE OF CHANGE OF SET-BACK LINE Notice is hereby given that it is the intention of the owner of the property described as follows: -- .o .- o-ou £6 ’ciréhléie’ 'a 'be'titi‘o‘n '.'to' mange 't'fié set-back line so as to enable him to construct a building on said property ...... feet from the street. ' Posted .................. , 19 ....... . Building Inspector. After five (5) days have elapsed from the time of posting said no- tices, but not later than thirty (30) days thereafter, signatures to said written consents may be secured by the petitioner. Such written consents shall be signed by the owners or their authorized agents, and have an affida- vit annexed thereto certifying to the authenticity of the signatures. They shall be substantially in the following form: CONSENTS TO CHANGE SET-BACK LINE To the Building Inspector, City of Alameda; We, the undersigned owners of real property situated on t e ............ _ side of ................. street between ............ and....... streets, here— by consent to the erection and loca- tion of a building or structure ....... feet from the street line on the prop- erty described as follows: AND WE HAVE SIGNED THIS PA- PER WITH THE CLEAR UNDER- STANDING THAT NO PERSON WHO HAS ATTACHED HIS 0R HER SIG- NATU'RE HERETO SHALL HAVE ANY RIGHT TO WITHDRAW THE SAME. Name Residence Date of Signing Staié 'o'f California, 3' ss. County of Alameda. ) ................... being duly sworn deposes and says: ‘That ..he.. secured the signatures hereto and know.. that each is the bona fide signature of the person whose name it purports to be. That . .he. . answered fully all questions concerning the proposed change and made no misrepresentations concerning same. (Signed) .......................... Subscribed and sworn to before me the ...... day of ........ , 19.... City Clerk. Such written consents, signed by the owners or their authorized agents. must be filed with the. building in- spector before a permit shall be is- sued for the erection or location of any building or structure nearer to ghei street than hereinbefore speci- e ; ‘ The provisions of‘this section shall not affect in any manner the validity of Ordinance No. 207, N. S., or any other ordinance providing for the es- tablishment of set-back lines by the city council, under a procedure in— volving notice and hearing. FRAUDULENT PETITIONS Sec. 15. Any signatures to consents or petitions provided for in this ordi— nance, which are procured by fraud or misrepresentation or the withhold— ing of information concerning the real intent of the same, shall be void and of no effect, and the person or persons procuring the same. shall be guilty of a misdemeanor and pun- ishable as provided in Section 19 hereof. BUILDING PERMITS Sec. 16. No building permit shall be issued by the building department of the city for the erection or alter- ation of any building or structure contrary to the provisions of this or- dinance. Each application for a building per- mit hereafter filed with the city shall be accompanied by a statement as to the use, height and area of the build- Ordinance No. 227, New Series (continued) ing applied for, on a blank to be fur- nished by the building inspector, on which shall also be shown an accurate block plan of the location of the building on the lot, drawn to a scale of 16 feet to the inch. DEFINING THE WORDS “LOT” AND “PROPERTY” Sec. 17. The word “lot” as used in this ordinance shall mean a single parcel of land .as described in the deed of the owner. In any proceed- ing for changing a district a lot or parcel of land may be described by specifying the exterior boundaries thereof, or by giving the lot and block numbers according to the official map thereof on file in the office of the county recorder, or by any other method which will clearly indicate the property intended to be changed. The word “property” .as herein used shall be deemed to mean real property or lands, together with any improve- ments thereon. PUBLIC BUILDINGS ‘ Sec. 18. Public buildings may be lo- cated wherever the city council shall determine. ENFORCEMENT PENALTIES Sec. 19. Any person, firm or cor- poration violating any of the provis- ions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not more than three hundred dollars ($300), or by imprisonment in the city prison for a period of not mxore than six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty .of a separate offense for each and every day during any portion of which any violation of any provision of this ordinance is com— mitted, continued or permitted by such person, firm or corporation, and shall be punishable accordingly. Sec. 20 Ordinances Nos. 144,149, 185,191, 197 and 210, New Series, and all ordinances or parts of ordinances in conflict herewith, are hereby repealed. Sec. 21. If any section, sub-section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remain- ing portions of the ordinance. The city council hereby declares that. it would have passed this ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sec- tions, sub-sections, sentences, clauses or phrases be declared unconstitu- tional. Adopted and passed by the Council of the City of Alameda this 2nd day of January, 1923. FRANK OTIS, Presiding Officer of the Council. the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 2nd day of January, 1923, by the fol- lowing vote, to wit: YES: Councilmen Adams, Latham, Probst, Tilden and President Otis, (5). NOES: None. ABSENT: None. IN TESTIMONY WHEREOF, I have hereunto set my hand and afiixed the official seal of said city this 3rd day of January, 1923. VARCOE. W. City Clerk of the City of Alameda. Publish Jan. 4, 1923. Ordinance No. 227, New Series (continued) a AféfND w m wjflflM/fi—C/zy/‘WJ xfloofipaflxém/H/b/xcflu/M/y/MM/y Aggy/cum are. film/7005!}; Nana/e5, mam/@5105] .. ;'_‘. 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