|
The Planning Commission shall announce and record its action by formal
<br />resolution and shall, within ten (10) days of such action, report the same, together
<br />with all records in the matter to the City Council. ~uch resolution shall recite the
<br />findings of the Planning Commission upon which it bases its decision.
<br />
<br /> The decision of the Planning Commission in administrative matters of granting
<br />or denying a variance shall be final, provided that at the ne~t regular meeting thereof
<br />after the action of the Planning Commission has been reported ~ the City Council of
<br />the City of Santa Aua, the said City Council may, by ~rmal resolution setting forth
<br />the findings upSn which its decision is based, disapprove the action of the Planning
<br />Commission. Not later than ten (105 days after its final action on an application,
<br />notice of the decision in the matter shall be mailed to the applicant at the address
<br />shown upon the application.
<br />
<br /> The decision of the Planning Commission in the legislative matter of amending
<br />district boundaries or use classifications as established by this ordinance shall be
<br />advisory only. If an application involving an amendment be approved, then not later
<br />than ten (10) days after final action by the Plauning Commission thereon, its recommend-
<br />ation together with the complete records of the case shall be delivered tothe City
<br />Council of the City of Santa Aha. After the Ci~ Council has acted, the records of the
<br />case shall be returned for permanent filing in the records of the Planning Commission.
<br />Not more th~n ten (10) days after action by the Planning Commission the applicant
<br />shall be notified by mail of the Commission's decision.
<br />
<br /> · Amen~nents: Boundaries of the districts established by this ordinance or
<br />the classification of property uses therein may be amended, reclassified and altered
<br />whenever public necessity and convenience and general welfare required. Such changes
<br />may be initiated, (a) upon the verified petition of one or more owners of property
<br />proposed to be so changed or reclassified, (Section 14); (b) by resolution of intent
<br />of the City Council of the City of Santa Ana; (c) by resolution of intent of the
<br />Planning Commission of the City of Santa Ana. Upon the filing of such verified
<br />petition or the passage of such resolution of intention the matter shall be set for
<br />public hearing and public~notice given as provided by law.
<br />
<br />SECTION 15: REPEAL - ENACTMENT
<br />
<br /> This ordinance shall, for the purpose of convenience, be known as the"Zoning
<br />Ordinance of 1939", and that certain Ordinance No. 809 entitled "An Ordinance to be
<br />known as the Eoning Ordinance o~ the City of Santa Ana, California, prescribing the
<br />classes of buildings, structures and improvements and uses or additions in the several
<br />zones to be created by this ordnance; and providing the penalty for the violation of
<br />the s ame"~ as amended, is hereby repealed, subject however, to the exception that all
<br />provisions of this ordinance shall be construed as continuations of the provisions
<br />thereof, and not as a new enactment, and the same shallbe considered as h~vlng been
<br />continuously in effect since the adopt!on of said Ordinance No. 809. The effective
<br />date of this ordinance shall be construed to be the effective date of said Ordinance
<br />No. 809 insofar as the provisions hereof are a continuation of the provisions of said
<br />Ordinance No. 809, and no use which was being c muducted in vtol~tlon of ~rdtnance No.
<br />809 shall become a valid non-conforming use by reason of the reenactment of the
<br />provisions of said ordinance. All other ordinances of the City of Santa Aha in
<br />conflict herewith are hereby repealed. Any uses being conducted under Special Use
<br />Permits granted under said Ordinance No. 809 shall be c musidered as non-conforming
<br />uses if located in district where such use is not permitted hereunder.
<br />
<br />SECTION 16: PENALTY.
<br />
<br /> Any person, firm or corporation violating any of the provisions of this
<br />ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall ~
<br />be punishable by a fine of not more ~an Three Hundred ($300.00) Dollars, or by iz. pri~o~
<br />ment in the City Jail for a period of not more than Ninety (90) days, or by both such
<br />fine and imprisonment. Each such person, firm or corporation shall be deemed guilty
<br />of a separate offense for every day during any portion of which any violation of any
<br /> continued or
<br />provision of this ordinance is committed, ~ permitted by such person, firm
<br />or corporation, and shall be punishable therefor as provided for in this ordinance,
<br />and any use, occupation or building or structure maintaiued contrary to the provisions
<br />hereof shall constitute a public nuisance.
<br />
<br />SECTION 17: CERTIFICATE OF USE AND OCCUPANCY.
<br />
<br /> No vacant, unused, or unoccupied land shall be occupied or used, and no
<br />building hereafter erected, moved, altered, or repaired, shall be occupied or used
<br />unless and until a certificate of use and occupancy shall have been issmed by the
<br />Building Inspector of the City of Santa Aua, and no land or building which at the
<br />effective date of this ordinance was in use or occupied shall hereafter be used for
<br />any other purpose than that for which it was so used, or for which a certificate of
<br />use and occupancy had been issued, nor shall a change be made to any other use of a
<br />different classification, as specified in Section 3 hereof, unless and until a
<br />certificate of use and occupancy for such new classification shall have been issued by
<br />the Building Inspector.
<br />
<br /> A certificate of use and occupancy for the use of vacant land, or the change
<br />in the use of land as herein provided shall be applied for before any such land shall
<br />be occupied or used, and a certificate of use and occupancy to so use such land shall
<br />be issued within l0 days after the application has been made, provided such use is in
<br />conformity with the provisions of this ordinance. A certificate of use and occupancy
<br />for a new building or for any building which has been altered, moved or repaired shall
<br />be applied for coincident with the application for a building permit, and shall be
<br />issued within 10 days after the erection, moving, alteration or repair of such building
<br />shall have been completed in conformity with the provisions of this ordinance. The
<br />certificate of use and occupancy shall state that the building or proposed use of a
<br />building or land complies with all the building and health laws and ordinances and with
<br />
<br />
<br />
|