HomeMy WebLinkAboutOrd. No. 1939-236ORDINANCE NO. 236_;
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA, CREATING
AND ESTABLISHING, AND DIVIDING SAID CITY INTO ZONES OR
DISTRICTS WITHIN SOME, ALL OR NONE OF WHICH IT SHALL
BE LAWFUL, AND WITHIN SOME, ALL OF NONE OF WHICH IT
SHALL BE UNLAWFUL TO ERECT, CONSTRUCT, ALTER OR MAIN-
TAIN CERTAIN BUILDINGS OR TO CARRY ON CERTAIN TRADES
OR CALLINGS AND WITHIN WHICH `1iE HEIGHT AND BULK OF
FUTURE BUILDINGS SHALL BE LIMITED; AND ESTABLISHING
AND PROVIDING BUILDING LINES AND AREA REQUIREMENTS
FOR YARDS, COURTS AND OTHER OPEN SPACES, AND OTHER
REGULATIONS FOR THE OCCUPANCY AND USE OF PROPERTY
IN SAID CITY.
The City Council of the City of Elsinore does ordain as
follows:
Section 1. There are hereby created and established in
the City of E1 nore the following classes of use and height zones
or districts, which are hereby designated and shall be known as
follows:
Zone R -1, or first residential district
Zone R -21 or second residential district
Zone R -3, or third residential district
Zone C, or school, hospital and institution district
Zone B -1, or retail business district
Zone B -2, or commercial business district
Zone U, or unrestricted district.
Sub- section R -1. The following described portion of the
City of Elsinore shall be included within Zone R -1:
Commencing at the intersection of Pottery and Langstaff
;Streets; thence Southerly along Langstaff Street to a point 120
;feet jouth of the Southerly line of Graham Avenue; thence Westerly
on a line parallel with Graham Avenue and 120 feet distant from
the Southerly line thereof to Poe Street; thence Southerly along
Poe Street to Limited Avenue; thence westerly anong Limited Avenue '
and Lakeshore Drive to Lewis Street; thence Northerly along Lewis
Street to Graham Avenue; thence Westerly anong Graham Avenue and
!Lakeshore Drive to the Westerly City Limits of Elsinore; thence
Easterly along Pottery Street to the point of beginning.
Sub- section R -2. The following described portion of the
City of Elsinore shall be included within Zone R -2
All that portion of the City of Elsinore bouhded on the
North by Limited Avenue, on the South by Lakeshore Drive and on
the East by Poe Street.
Also commencing at the intersection of the Southerly line
of Graham Avenue with the Westerly line of Lewis Street; thence
;Southwesterly along the Westerly line of Lewis Street and the line
!of Lewis Street and the line between Lots 7 and 8 in Block 8 of
Lake Shore Drive Addition to Acacia Drive; thence Westerly along
:Acacia Drive to the line between Lots 16 and 17, Block 10 of Lake
(Shore Drive Addition; thence Northerly along said line and along
Hill Street to the Southerly line of Graham Avenue; thence Easterly
along the Southerly line of Graham Avenue to the point of beginning;
Also that portion of the City of Elsinore bounded on the
'North by Blocs 502 and 503 of Smith's Addition; on the East by
Stewart's Resubdivision; on the South by the South line of Section
5, Township 6 South, range 4 West, S.B.B. & M.; and on the West by
Block 499 of Smith's Addition.
Sub - section R -3. The following described portion of the
'City of Elsinore shall�be included`witnin Zone R -3;
Commencing at the intersection of Pottery Street and the
Westerly city limits of Elsinore; thence Northeasterly along the
;city limits of Elsinore to Flint Street; thence Easterly along Flint
'Street to Poe Street; :thence Northerly along Poe Street to Minthorn
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Street; thence Southeasterly along Minthorn Street to Riley Street
thence Southerly along Riley Street to a point 150 feet Northerly
the North line of Graham Avenue; thence West on a line parallel
with the North line of Graham Avenue and distant 150 feet there-
from to Langstaff Street; thence Northerly along Langstaff Street;
thence Northerly along Langstaff Street to Pottery Street; thence
Westerly along Pottery Street to the point of beginning:
Also commencing at the Southwest corner of Lot 13 in
Block 3 of Heald's second addition to Elsinore on the Easterly line
of Short Street; thence Southerly along the Easterly line of Short
Street to the Southerly city limits; Thence Easterly along the
Southerly city limits to the Coutheast corner thereof; thence
Northerly along the East city limits to the East anal West center
line of Section 5, Township 6 South, Range 4 West; thence West
along said center line to its intersection with a line drawn
parallel with the East line of Spring Street and distant 150 feet
Easterly therefrom; thence Southerly on a line parallel with the
Easterly line of Spring Street and distant 150 feet Easterly there-
from to Sumner Avenue; thence Easterly on Sumner Avenue to a point
150 feet East of the Easterly lineofMain Street; Thence Southerly
along s line parallel with the Easterly line of Main Street and
distant 150 feet therefrom to the intersection with the Southerly
line of Lot 13 in Block 3 of Heald's Addition to Elsinore; thence
Westerly along the Southerly line of Lot 13 in Block 3 of Heald's
Addition to Elsinore to the point of beginning;
Also commencing at the intersection of Poe Street with th
Southerly city limits of Elsinore; thence Northerly along Poe
Street and Poe Street extended to Lakeshore Drive; thence Westerly
along Lakeshore Drive to Davis Street to the Southerly city limits
thence Southeasterly along the Southerly city limits to Poe Street.
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Excepting therefrom all that portion of the City of Elsinore
bounded on the North by Blocks 502 and 503 of Smith's Addition; on
the East by Stewart's Resub - division; on the South by the South
line of Section 5, Township 6 South, Range 4 West, S.B.B. & M.;
i and on the West by Block 499 of Smith's Addition. --
Also excepting therefrom Lots 1 to 7, both inclusive, in
Block 8, and Lots 17 to 22, both inclusive, in Block 10 of Lake
Shore Addition.
Sub - section C. The boundaries of Zone C may overlap any
part or any one or more other zones or districts hereby established
The following described portion of the City of Elsinore shall be
`included within Zone C.
All that portion of the City of Elsinore now occupied and
used for a use described and permitted in Section 8 of this ordin-
ance.
Sub - section B -1. The following described portion of the
City of Elsinore shall be included within Zone B -1:
Commencing at the intersection of Sumner Avenue and Spring
Street; thence Southerly along Spring Street to a point 150 feet
Northerly of the Northline of Graham Avenue; thence Westerly on
a line parallel with Graham Avenue and distant 150 feet therefrom
to Langstaff street; thence Southerly along Langstaff street to a
point 120 feet wouth of the South line of Graham Avenue; thence
Westerly on a line parallel with the South line of Graham Avenue
and 120 feet Southerly therefrom to Poe Street thence Southerly
along Poe Street and extended to the Southerly city limits of
Elsinore; thence Southeasterly along the city limits to the Easterly
line of Line Street; thence Northerly along Line Street to its
intersection with the Southerly city limits line of Elsinore; thence
Easterly along the city limits to the Easterly line of Short Street;
thence Westerly along the Easterly line of Short Street to the South
west corner of lot 13 in Block 3 of Heald's Second Addition to
Elsinore; thence Easterly along the Southerly line of lot 13 in
Block 3 of Heald's Second Addition to Elsinore to its intersection
with a line drawn parallel with Main Street and 150 feet East of
the Easterly line thereof; thence Northerly on a line parallel with
the Easterly line of Main Street and distant 150 feet therefrom to
Sumner Avenue; thence Westerly along Sumner Avenue to the point of
beginning.
Sub- section B -2. The following described portion of the
City of Elsinore shall be included within Zone B -2:
Commencing at the intersection of Ninthorn and Riley Streets
thence Easterly along Minthorn Street to a point 150 feet East
of Spring Street; thence Southerly along a line parallel with the
Easterly line of Spring Street and distant 150 feet therefrom to
Sumner Avenue; thence Westerly along Sumner Avenue to Spring Street;',
thence Southerly along Spring Street to a point l W feet Northerly
from the North line of Graham Avenue; thence Westerly on a line
parallel with the North line of Graham Avenue and 150 feet distant
therefrom to Riley Street; thence Northerly along Riley Street to
the point of beginning:
Sub- section U. The following described portion of the
City of Elsinore shall be included within Zone U:
All that portion of the City of Elsinore not included
within Zones R -1, R -2, R -3, C, B -1, or B -2, as hereinabove described
,Section 2.
a Use —Must Conform to Zones. That, except as provided
in Section 17 hereof, no balding, structure, or premises, or any
part thereof, shall be erected, altered, maintained or used or to
be used for any purpose other than a purpose permitted hereby in
the Zone in which such building structure, premises or part thereof
is located. The express authorization hereby of a particular
class of building, structure premises or use in a designated zone
shall be deemed a prohibition of such building, structure, premises
or use in all other zones of more restricted classification.
(b) Hei t and Bulk PRust Conform to Zones. That, except
as provided in Section 17 hereof, no build g structure or premises,
or any part thereof, shall be erected, constructed, altered, main-
tained or used except in conformity with the regulations herein
established for the height and bulk of buildings, or structures in
the Zone in which the building structure or premises, or part
thereof is located.
Section 3. Nuisances Prohibited Within City Limits.
No building, structure or premises shall be erected, constructed
altered, maintained or used within the limits of the said City
of Elsinore which shall be designed, intended or used for any
trade, profession, calling, industry or use which is noxious or
offensive, or deleterious to the health, comfort, convenience or
welfare of the people of the City of Elsinore by reason of the
creati6n or emission of excessive odor, dust, smoke, gas, fumes,
vapor or noise or other injurious or objectionable matter or
substance, and the following uses shall, among others, be con -
sidered to be noxious, offensive and deleterious to the health
comfort, convenience or welfare of the people of the City of
Elsinore:
The manufacture of any product or by product of fish meal
or any product of which fish meal is component part; stock food
made of fish, fish oil; the manufacture of fertilizer; the manu-
facture of gun powder or explosives; smelting; slaughter house;
stock yard; oil refinery or tannery.
Section 4. In first residential districts of Zone R -1
no building, structure or premises shall be erected, constructed,
altered or maintained, except as provided in Section 17, which
shall be used or designed for any purpose other than:
Dwelling whether designed for one or more families, in-
" eluding the usual accessory buildings and private storage garage;
flat, duplex,.apartment house; rooming house or boarding house not
accommodating more than four paving guests; bungalow court; hospital'
or sanitarium not renting;°more than two beds; professional of Tice,
, not including veterinary, and not including the use of more than
two rooms, or an aggregate floor area of more than 250 square feet; !,
studio for the teaching of music or art, having no employees and in
Ewhich not more than two persons participate,, and in which no stock
of goods is carried for sale; agricultural or horticultural use
(not including animal husbandry).
Section 5. In second residential districts of Zone R -2
no building, structure or premises shall be erected, constructed,
altered or maintained, except as provided in Section 17, which sh
be used or designed for any purpose other than a use permitted in
Zones R -1, and R -3, or as an auto court or trailer camp.
An auto court is hereby defined to be any group of two or
more buildings, structures or apartments whether attached or detach
ed, or whether located on one or more lots, erected, designed or
maintained primarily for hire to transients traveling by automobile
No tents or tenthouses shall be permitted as part of an
auto 'court.
Section 6. In third residential districts of Zone R -3
no building, structure or premises shall be erected, constructed,
altered or maintained, except as provided in Section 17, which
shall be used or designed for any purpose other than a use per-
mitted in Zone R -1, or veterinary office, hotel, clinic, day nurs
home for aged or infirm, boarding or lodging house, studio, con-
servatory, photo gallery, beauty parlor, lobrary, or professional
office.
Section 7. No business use shall be made of any property
in Zones R -1, R -2, or R -3, whether set out in Sections 4, 5, & 6
herein or not, in which:
1. Any retail sales are made from the property.
2. Any stock of goods wares or merchandise is carried
for sale.
No advertising signs shall be erected or maintained in
Zones R -1, R -2, or R -3 having a larger area than two square feet,
shall more than one sigh be erected on any one property.
Section 8. In school, hospital or institution district
Of Zone Co ' no building, structure or premises shall be erected, con -
structed, altered or maintained, except as provided in Section 17,
which shall be used or designed for any purpose other than a use
permitted in the zone, the boundaries of which are overlapped by
ZoneC, or public school or provate school, and uses incidental
thereto, public or private pospital, sanitarium, bath house, asylum
for treatment of diseases of human beings, charitable institution,
orphanage, lodge room, church or church purposes, including Sunday
School, pastors study parsonage, or recreational or entertainment
or educational uses incidental to church purposes.
Section 9a. In retail districts of Zone B -1, no building,
structure or premises shall be erected, constructed, altered or
`maintained, except as provided ih Section 17, which shall be used
or designed for any purpose other than a use permitted in Zones
R -1, R -2, R -3, and C. for store or shop for the conduct of a
wholesale or retail selling business, office, bank, garage, auto-
mobile service station, auto repair shop, machine shop, undertaking
establishment, laboratory, theater, place of amusement, park, danc-
ing, academy, dance hall, paint shop, cleaning and dye works, light
manufacture, repair storage or sale of materials, resturant, news-
paper or photo gallery, barber orbeauty shop, plumbing shop, broker-
age agency, or refrigeration plant.
Section 10. In Commercial districts of Zone B -2 no build-
ing, structure or premises shall be erected, constricted, altered
or maintained, except as provided in Section 17, which shall be used
or designed for any purpose other than a use permitted in Zones R -1
R -21 R -31 C, B -1, or any commercial or manfacturing use not other-
wise prohibited by this or any other ordinance or law.
Section 11. In unrestricted Zone U, any building, struc
or improvement may be maintained and used for any purpose not othe
wose unlawful.
Section 12. The keeping of animals poultry and fowls in
unrestricted numbers in restricted districts is hereby declared to
constitute a nuisance on account of the noxious odors and loud
noises produced thereby and to be offensive to the health, comfort,
convenience and welfare of the people of the City of Elsinore, and
it shall be offensive to the health, to maintain or use any build -
ing structure, or premises within Zones R -1, R -2, R -3, CO B -1, or B.
for animal husbandry or the keeping of animals, poultry or fowls
(Except caged birds); except that not more than twelve hen chickens
for domestic purposes and not more than two dogs or cats may be
kept on any one property; except that the provisions of this para-
graph shall'not apply to all that portion of Zone R -3 lying East
of the line described as follows:
Commencing at the intersection of the East and West center
line of Section 5, Township 6 South, range 4 ;`Jest, with the Easterl;
line of East Hill Street extended Northerly; thence Southerly along
said line and along the East line of Hill Street to Franklin Street
thence Southerly along the East line of Lots 16 and 8 in Block C
of Hampton's First Addition to Elsinore to East Heald Avenue
(formerly King Street) ; thence Southerly and Westerly among East
Graham Avenue (formerly Washington Avenue) to point 150 feet East
of the East line of Chestnut Street; thence Southerly on a line
parallel with Chestnut Street and 150 feet Easterly from the Easter:
line thereof and said line extended to the Southerly city limits
of Elsinore; nor shall the same apply to that portion of Zones R -1
and R -3 lying Notherly of a line drawn parallel with and 165 feet
North of Sumner Street and Westerly of Langstaff Street.
Section 13.
a. No building, structure or improvement within the City
of Elsinore designed primarily as a garage or accessory building,
nor any tent, tent house, or other structure of similar nature shal'
be used or occupied as a dwelling longer than necessary for the
construction of the main dwelling house on the same property and
in no case, longer than one hundred twenty days.
b. No trailer shall be occupied as a dwelling in any
portion of Zones R -1, R -3, C, B -1, or B -2.
Section 14. No building or structure in Zones R -1, R -2,
R -3, and C, shall exceed two stories in height, providing that the
height limitations shall not apply to chimneys, church spires, flag
poles, water tanks, and wireless towers.
Section 15' _A_ee_e�sso�ry Buildings. Customary outbuildings
may be located or mainta net d as accessory to any building lawfully
within the boundaries of any district herein specified. The term
"Acessory" shall not include a business nor shall it include any bu
ing or use to which it is accessory. A private gargge for more the
three motor vehicles shall not be deemed accessory in Zones R -1, R-
R-3 and C. Nothing herein contained shall prevent the use of vacar
lots for horticultural or farming purposes or for the rearing or
pasturing of animals or fowls in the manner prescribed herein, or b
existing laws and ordinances.
(b) No accessory building shall be erected, altered or
maintained in Zones R -1, R -2, R -3, and C, except as provided in
Section 17 hereof, nearer than five (5) feet from the side line of
any lot, within sixty -five feet of the street to which said line
runs.
(c) Accessory building in distructs os Zones R -1, R -2, R-
and C. shall conform to the following regulations as to their loca-
tion upon the lot; provided, however, that where the slope of the
lot is greater than one foot rise in seven feet of run, a provate
garage may, with the approval of the City Council, be built nearer
the street:
1. In case of an interior lot fronting upon only one
street, no accessory building shall be erected or altered so
as to encroach upon that half-of the lot depth nearest the street.
2. In the case of an interior lot fronting upon two or:
more streets, no accessory building shall be erected or altered
so as to encroach upon either fourth of the lot depth abutting on
such streets.
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3. In the case of a corner lot fronting on two streets,
no accessory building shall be erected or altered so as to encroach
upon either third of the lot depth fronting such streets.
4. In the case of a corner lot fronting upon three -or
more streets, no accessory building shall be erected or altered so
as to encroach upon any fourth of the lot depth nearest such street:
5. No accessory building shall be located within ten
feet of its rear or side lot line when such line forms part of the
front half of the side line of an adjacent interior lot, or the
front quarter of the side line of an adjacent lot, whether the
latter be an interior or corner lot.
6. Notwithstanding any requirement in this section, the
foregoing rules shall not prohibit an accessory building where per-
mitted by this ordinance, seventy -five (75) feet or more from every
street bounding the block.
7. The limitations imposed by this section upon the
location of an accessory building shall not apply wheh the accessc
building is incorporated as an integral part of, and enclosed by
the same enclosing walls as the building to which it is accessory.
Section 16. Building Set -Back Lines. No building, struet
iiprovement or portion thereof or advertising aignboard, whether
advertising business conducted upon the premises or otherwise, above'
the grade of the street upon which the lot upon which such building
or signboard is located, abuts shall be erected, constructed, estab-
lished, altered, maintained or used nearer to the street line of any
street, upon which such lot abuts than the distance from such lot
abuts than the distance from such street to the building line or
lines hereby established for the lot or lots upon which it stands or
for the zone or district in which such building structure, improve -
ment or signboard is permitted; provided that fenses not exceeding
three (3) feet in height shall not be included within the provisions''
of this section. Building set back lines are hereby established as
follows:
(a) In _Zones R -1, R -2, R -3, and C, except as otherwise
r herein.provided, the front building line shall be twenty (20) feet
from the street line of the street on which the lot fronts, pro -
vided, however, that in each block in which fifty (50) per cent or
more of the lots on the same side of the street shall have been
':built upon in conformity,*ith a fair3yeven and determinable front
building line located more than twenty feet from the street line,
all buildings thereafter erected or established in any such block
on the same side of the street shall be erected or established in
conformity with said front building line determined by buildings
already erected on fifty per cent of such lots. In determining
';whether or not a front building line has been so determined and
established, the fair intent and purpose hereof shall be considered
and minor irregularities ignored. In the event that the Building
Inspector shall be unable in any instance to decide the question of
any other person who may feel aggrieved by his action, the Council
of the City of Elsinore shall investigate and determine the locatioh'
of such front building line by order made on motion in accordance
with the purpose herein set out.
(b) Where in the same *dock there are lots, but no�&,more
than three thereof, intervening between the rear line of corner lots
thO front building line of such Intervening lots shall be a distance
from the street line equal to the distance there from of the minimum
side building line in the block.
(c) In Zones R -1, R -2, R -3, and C, the side building line
or the building line for the side street line of corner lots, shall
be a distance from the side street line, measured at right angles,
equal to ten per cent of the width of the lot, but in no case less
than ten feet from such street line; the width of the lot being
deemed to mean, for the purpose hereof, the mean distance from the
said street line thereof to the opposite line thereof measured at
right angles to said street line; where such corner lot exceeds one
hundred fifty feet in depth and the rear line thereof abuts upon
the side line of an adjoining lot, the side building line of the
corner lot shall apply for a distance of not more than one hundred
fifty feet from its front street line, and
tion of said corner lot shall be subject to
front building line of the lot on which its
the remaining rear por-
the restrictions of the
rear line abuts.
(d) Where a lot or parcel of land at the junction of
two intersecting streets has two street fronts of substantially
equal length, the side line of said lot shall, for the purposes he
of, be deemed to be the line selected as the side line of said lot
by the owner thereof in his application for a building permit.
(e) vVhere a lot or parcel of land at the junction of
two intersecting streets has two street frontages, each of which is
one hundred fifty feet or more in length, and one main building
- only is erected thereon, the building line for each frontage shall,
for the purpose hereof, be deemed to be a front building line.
Section 17. Non - conforming Use Provision.
(d) Any otherwise lawful use existing in any building
or premises at the time of the adoption of this ordinance or any
amendment hereto affecting such building or premises may be continue
therein, although not conforming to the regulations of the zone or
district in which such building or premises is situated; or suchnon-
conforming use may be changed or converted into any other use that
is permitted by this ordinance (other than by the provisions of this
section) in the same zone or district.
(b) No building, stricture, improvement or establishmen
existing at the time of the adoption of this ordinance or(f any
amendment hereto affecting such building, stricture, improvement or
establishment, which is designed, arranged or intended for or de-
voted to a use not permitted in the zone or district in which such
building, stricture, improvement or establishment is located, shall
be enlarged, extended reconst.ucted, repaired, rebuilt, moved or,
altered, unless such use is changed to a use premitted,in the zone'
or district in which such building, stricture, improvement or estab-
lishment is located; provided however, that work done in any period
of twelve months on ordinary structural alterations or replacement
of walls, roofs, fixtures or plumbing not to exceed a cost of equal
to twenty (24) per centum of the reproduction value of the build-
ing, structure or improvement in its then existing depreciated
condition) shall be permitted; but the cubical contents of such
building, structure, improvement or establishment shall not be in-
creased. Nothing in this section shall prevent the restoration of
a'wall declared to be unsafe by the Building Inspector.
(c) If, at any time any building structure, improvement
orestablishment existing at the time of the adoption of this or-
dinance or of any amendment thereto affecting such building, structu .
improvement or establishment, which is designed, arranged, or in
tended for or devoted to a use not permitted in the zone or district
in which such building, structure, improvement or establishment is
situated, shall be changed from itw existing use to a different use
not premitted in said zone or district or shall be moved, altered,
reconstructed, rebuilt or repaired to an extent not permitted by
this ordinance, then and in every way such case, and without further
action by the Council, the premises on which said building, struc-
ture,,improvement or establishment stands or is maintained shall
thereupon and thereafter be classified as of the same class of use
as tl t provided for the zone or district in which it is located
and all be subjedt to all the restrictions of such" "classification.
(d) adhere any building, structure, improvement, estab-
lishment or premises which is now or has been heretofore erected,
maintained, occupied or used for any purpose in non - conformity to
the use restruetions in this ordinance provided for the zone or
district in which the same is situated, shall cease for a period
of six months to be Oddupied or used for the purpose for which the
same has been occupied or used, then and in every such case it
shall be deemed an abandonment of such non- conforming occupancy and
use, and thereupon, without further action of the Council, such
building, structure,; improvement, establishment or premises shall
from and after the expiration of said period of six months, be
classified for the same class of use as that provided by this or-
dinance in such zone or district; the cessation of occupancy or use
herein referred to shall include every cessation of actual and active
occupancy or use; and no inactive or constructive occupancy or use
ahR1 1 be dPP.7AP.13 A nnnf i nnannP of tha nnrn- nnnfnrrnim r nr avi c }{ „ae
(e) No building, structure, improvement, establishment
or premises which is now or has been heretofore erected, maintained,
occupied or used for any purpose in non - conformity to the use re-
strictions by this ordinance provided for the zone or district in
which the same is situated, shall be changed from its specific ex-
isting occupancy or use, or be occupied or used for any other pur-
pose than such specific existing purpose, except to an occupancy of
use permitted by this ordinancein the zone or district in which'
the same is situated, and, if any such change shall be made or at-
tempted, then and in every such case it shall be deemed-an`abandon-
ment of such non - conforming occupancy and use and, thereupon, with-
out further'act16n :.,by the Council, such building, structure, improve
ment, establishment or premises shall, from and after such change
or attempted change, be classified for the same class of use as
that by this ordinance provided for the zone or district in which
the same is situated, and shall not be occupied or used for any
other purpose than one permitted by this ordinance in such zone or
district; the change or changes in non - conforming occupancy or use
hereby 'prohibited shall be deemed to include any and all changes
whatever from the existing occupancy, use or purpose notwithstand-
ing the new use made or attempted to be made may be of the same
general class as the existing occupancy or use.
Section 18. Consideration of Enactment. In enacting this
ordinance,' the Council has given reasonable consideration to the
character of the various zonesor districts herein established, the
peculiar suitability of each for particular uses, the consideration
of property values and the direction of building development in
accord with a well considered plan; also to the character of build-
ings now erected in each zone or district, the value of the land and
the use to which it may be put, to the end that the regulations here-
in imposed may promote the public health, safety and general welfare,
Section 19. Separate Enactment of Parts. If any section,
sub - section, sentence, clause or phrase of this ordinance is for
any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance. The
Council hereby declares that it would have passed this ordinance,
an each section, sub - section, sentence, clause and phrase thereof,
irrespective of the fact that any one or more of the sections, sub-
sections, sentences, clauses, or phrases thereof be declared in-
valid.gr unconstitutional.
Section 20. Penalities. Any person, firm or corporation
violating any of the prov— sibons -of this ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall
be punishable by a fine of not more than Three Hundred Dollars; or
by imprisonment in the City Jail for a period of not more than
three months, or by both such fine and improsonment. Each such
person, firm or corporation shall be deemed guilty of a seperate
offense for every day during any portion of which any violation of
any provision of this ordinance is committed, continued or permitted
by such person, firm, or corporation and shall be punishable there-
for as provided by this ordinance.
I, C. J. Kalina, the duly elected, qualified and acting
clerk of the City of Elsinore, hereby certify that the City Council
of the City of Elsinore, sitting as a Planning Commission, did on
the 26th day of June, 1939, adopt a tentative report recommending
the adoption of the foregoing ordinance; and that the foregoing
was regularly set for hearing on the 12th day of July, 1939; and
that after a public hearing held thereon, and after due notice
given of said public hearing, the said Council sitting as a Planning
Commission, did make its final report reeommending the adoption
of the foregoing ordinance, which said final report was filed with
the City Clerk on the 14th day of August, 1939; that notice of a
hearing before the City Council of the City of Elsinore upon said
final report at the City Hall in the City of Elsinore on the 21st
day of August, 1939, was duly given by publication once in the
Elsinore leader- Press, a newspaper of general circulation, published
weekly within the City of Elsinore and at said time and place a
public hearing was held at which all persons interested and the
general public were given an opportunity to be heard, and the Council
thereupon approved said final report and the foregoing ordinance
was at a regular meeting of said Council or the 21st day of August,
1939, regularly introduced and read and adopted by the Council of
e.
fi
said city at its meeting held on the 28th day of August, 1939, by
the following vote:
AYES: Councilmen: C. A. Lovejoy, Roy Macy, Henry Perret,
and N. Matich.
NAYS: None.
AB"ENT: Councilmen: J. E. Mills
J. C. Kalina
City Clerk of the City of Elsinore
I hereby approve the foregoing ordinance this 28th day of
August, 1939.
N. MATICH
Mayor of the City of Elsinore
(SEAL)
C. J. KALINA
City Clerk of the City of
Elsinore