HomeMy WebLinkAboutORDINANCES - 11011937 - 0255 October e'n, 1937*
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01
N 'M"M O COUM of CONS COSTASTM
OF C "0MA;j PRESCRIBIgG PROCEDUREIry
3N C MCTION WIM ANY ZOWMG PLAN OR PART
COF INUCH M&Y BE ADUMISID FOR ff PORTION
OUORAIW '1311'--' TORY 07 SAID (C)UVTY AND IN 0 ON�
N3Cfi
C' IOK WITH ANY ORDI MCE RE
To
The Board of Supervisors of the County of Contra Costa State
of California, do ordain as follows;
SECTION 1* The procedure prescribed in this ordinance shat. ve .
1 go rn in
connection with any zoning plan or part thereof which may
be adopted
for any portion of the unincorporated territory of the County of Contra
Costa, State of California, and in connection with any ordinance relat--
ing thereto* The term "zoning ordinance" as used in this ordinance
c
shall mean any ordinance adopting any such zoning plan or part thereof
or any ordinance relating thereto,
SZOTIOLN 2* CT OF
Es ABLISMaM
OF DISTRICTS
In any district established by any onordinance the following
riu
� g
provisions shall apply insofar as any of the regulations referred to in
said provisions are specified in such zones ordinance as applying in
such district
(a) No building shall .be erected. reconstructed structurally
� , y
altered, added to, enlarged or moved, nor shall any land, build�, or
premises be used, designed or intended to be used for any purpose or in
any manner other than is included among the uses listed in such zoning
ordinance as petted in such districts
(b) No build shall be erected., reconstructed or structurally
altered to exceed in height the 1 t designated in such zones ordiw-
nanoe for such district.
(e) No builder shall be erected., nor shall any existing build-
be altered, added to,, enlarged or rebuilt, nor shall any open spaces
r
surrounding any building be encroached upon or reduced in any manner,
except in conformity to the yard, building site area and building lo-
cation regulations designated in such zoning ordinance for such district.
(d) No yard or other open space provided about any building for
the purpose of complying with the provisions of any zoning ordinance
shall be considered as providing a yard or open space for any other
building, and no yard or other open space in one lot shall be consider-
ed as providing a yard or open space for a building on any other lot.
$ECTION 3* DISTRICT BOUMAR
'here uncertainty exists as to the boundaries of any district
established by any zoning ord inane e: the f oll owing rules shall apply
(a) where such boundaries are indicated as approximately follow-
ing street
ollow-
street and alley l#arae s, such street and alley lines shall be con-
strued to be such boundaries.
(b) where such boundaries are indicated as approximately f ollow-
ing lot lines, such lot lines shall be construed to be such boundaries.
(c) subdivided property or where a district boundary divides
a lot the location of any such boundary, unless the same is indicated
by dimensions shown on a map designating such boundary, shall be deem
termined
e--
termined by the use of the scale appearing on such map.
(d) In case further uncertainty exists, the Planning 0ommission,
upon written application or upon its own motion, shall determine the
p
location of such boundaries.
SECTIO 4. Nod'- 0" G UM
ce t as otherwise provided in this section, the lawful use of
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land existing at the t3.me of the adoption of any zoning ordinance,
although such use does not conform to the regulations specified by
such ordinance for the district in which such land is Located, may be
continued; provided, however, that no such non-c onf ormi.ng use be exam
tended to occupy a greater area of lead than, that occupied by such
use at the time of the adoption of such ordinance provided, further,
that if any such non-c onf orming use ceases,, any subsequent use of such
land shall be in c onf ormity to the regulations specified by such ordi-
nance for the district in which such land is located.
2.
Iwxcept as otherwise provided is this section, the lawful use of
a building existing at the time of the adoption of any zoning ordinance
may be continued, although such use does not conform to the regulations
specified by such ordinance for the district in which such building is
loeatad. Any such use may be extended throughout the building provided
no structural alterations except those required by law or ordinance are
made therein. If no structural alterations are made, the non-eon�orming
use of a building may be changed to another non-conforming use, which,
in the opinion of the Planning Commission, is of the same or of a more
restricted nature. I2' anon-conforming use of a building ceases for a
continuous period of not less than sig (6) months, any future use of
said building shall be in conformity to the regulations specified by
such zoning ordinance for the district in which such building is located.
If any non-conforming building is hereafter removed, the subsequent use
of the. land on which such building was located shall be in conformity to
the regulations specified by such zoning ordinance for the district in
which located.
No existing building designed, arranged or intended for or de-
voted to a use not permitted under the regulations specified by any
zoning ordinance for the district is which such building or premises
is located shall be enlarged, extended, reconstructed or structurally
altered unless such use is changed to a use permitted under the regu-
lations specified by such ordinance for such district in which said
building is located; provided, however, that work done in any period
of twelve (12) months on ordinary structural alterations or replace-
ments of walls, fixtures or plumbing not exceeding twenty-five (25)
per cent of the building's assessed value Qeaording to the assessment
thereof by the Assessor of the County for the fiscal year in which
such work is done shall be permuted, provided, that the cubical
contents of the building as it existed at the time of the passage of
sUall zoning ordinance be not increased.
If at any time any building in existence or maintained at the
time of the adoption of any zoning ordinance,* which does not conform
3.
to the regulations for the district in which it is located, shall be
destroyed by fire, explosion, fat of God or act of the public enemy
to the extent of more than seventy-five (75) per Qent of the assessed
value thereof according to the assessment thereof by the said Assessor
for the fiscal year during which such destruction occurs, thea without
further action by the Board of Supervisors the said building and the
land on which said building was located or maintained shall from and
ager the data or such destruction be subject to all the regulations
specified by such zoning ordinance for the district in whish such land
and building are located,
The foregoing provisions shall also apply to non-conforming uses
in districts hereafter changed.
Nothing contained in this ordinance shall be deemed to require
any change is the plans, construction or designated use of any build-
ing upon which actual construction was lawfully begin prior to the
adoption of any zoning ordinance and upon which building actual con-
struction has been diligently carried on. Actual construction is hereby
defined to be the actual placing of construction materials is their
permanent position fastened in a permanent manner; except that where a
basement is be eaeavated, such excavating shall be deemed to be
actual construction; or where demolition or removal of an existing
structure has been begun preparatory to rebuilding, such demolition
or removal shall be deemed to be actual construction* provided that
in all cases actual construction,- work shall be diligently carried on
until the aoaapletioa of the building or structure involved.
Regardless of any other provision of this ordinance, no dunk yard;,.
building materiels storage yard or contractor's yard which, atter the
adoption of anyzoning ordinance, exists as anon-conforming use in any
district established by such ordinance shall continue as herein pro-
vided unless such Sunk yard, building materials storage yard or Qon-
traator's hard shall, within one (l) year fry and after the date that
such use becomes a son-conforming use, be completely enclosed within
e. building or within e solid fence, for which plate and sketches shall
4.
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be submitted as provided in Section 6 of this ordinance, All other
provisions of this section shall apply to any such noneac'nformi use.
Regardless of any other provision of this ordinance, any use for
which a use permit is required or for which a usema ermf.t be grant-
� g
ed, as provided in this ordinance, which use is existing at the time
of the adoption of any zoning ordinance in, any district in which such
use is specifically permitted subject to the seohring of a use permit.,
shall without further action be deemed to be a conforming use in such
district,
SECTION 5* BU----ING P RM111- JW PL&TS
Building permits shall be obtained from the Planning Camission
or from the officer or employee thereof designated by the Com ission
for such purpose for such work and such classes of buildings and
structures as may be d6signated in any zoning ordinance as requiring
such permits in the district in which such work and such buildings
and structures are located or are to be located.
Every applioation for any permit required by the provisions of
this section shall be accompanied by a drawing or plat., in duplicate,
drawn to scale, showing the lot ,and building site, the proposed lo--
cation of the building on the lot, accurate dimensions of the building,
of the yards and of the lot, and such other information as may be
necessary to the enforcement of this ordinance• A careful record of
the original, copy of such application and plat shall be kept in the
office of the Planning Commi.ssi.on and the duplicate copy shall be kept
at the building at all times during construction..
SECTION 6* ARCHITWTUR" S --- !SIOK
In ease an applicaticon is made for a pe z .t, as required in
Section 5 of this ordinance, for any building., structure or other
improvement in any district established by any zoning ordinance and
specified therein as coming under the provisions of this section,
said application shall be accompanied by drawings or sketches showdW
ing the front, sides and rear elevations of the proposed. building,
structure or other improvement, or of the building, structure or
5,
other improvement as the same will appear after the work for which
the permit is sought shall have been, completed* such drawings or
sketches shall be considered by the Planning Commission in an en-
deavor to provide that such buildings, structures and other improve=
menta shall be so designed and constructed that they will not be of
unsightly, undesirable or obnoxious appearance to the extent' that
they will hinder the orderly and harmonious development of the County.,
impair the desirability of residence, investment or occupation in the
County as appearing to travelers passthrough or traveling in the
County, limit the opportunity to attain the opt inun use and value of
land and improvements, impair the desirability of living conditions in
the same or adjacent agricultural or residential areas, and/or other-
prise adversely affect the general prosperity and welfare. To this end,
the Planning Commission shall suggest any changes in the plans of such
proposed buildings, structures and other improvements which it may deem
to be necessary to accomplish the purpose of this section, and shall
not approve any such plans until it is satisfied that such purposes
will be accomplished thereby. In case the applicant is not satisfied
with the action of the Planningommission he may, within. thirty (30)
days offer such action, appeal in writing to the Board of Supervisors.
Said Board shall hold a hearing on said appeal and shall render its
decision thereon within thirty (30) days after the filing thereof*
No permit, as provided hereins shall be issued unless the plans filed
with the application therefor as required in this section shall first
h pp y
have been approved b the Planning Go=ission or by the Board of
Supervisors, Upon such approval the Planning Commission, or such
officer or employee thereof as said Com ission may designate for such
purpose'. l shall issue such permit, provided a other provisions of
law have been complied with. Every drawing or sketch filed under the
provisions of this section shall become a part of the permanent records
of the Planning Commission.
SECTION 7. CotTIFICATES. OF OCCUPANCY
No vacant laud whish is located in any district established by
c e andrh i ch i s specified i.n such ord i.nanc a as
any onixALg o rd inan
6.
requiring certificates of occupancy shall hereafter be occupied or
used, except for agricultural uses, and no building hereafter erected,
structurally altered or moved, for which building a permit is required
under the provisions of Section 5 of this ordinance, shall be occupied
or used until a certificate of occupancy shall have been issued by the
Planning Commission or by such officer or employee thereof as the Com-
mission may designate for such purpose.
Application for a certificate of occupancy for a new building or
for an existing building which has been altered or moped shall be made
at the same tas the application for a permit for such building as
required in Seetion 5 of this ordinanceo Said certificate shall be
issued within three (3) days after a written request for the same
shall have been made to the Planning Commission or to said officer
or employee thereof after the creation, alteration or moving of such
building or part thereof shall have been completed in conformity with
the provisions of this ordinance. Pending the issuance of such a
certificate, a temporary eertifinate of oecupsaQy may be issued by
the Planning Commission or by said officer or employee thereof for a
period of not exceeding sin Eby months during the completion of
alterations or during partial occupancy of a building pending its
completion. Such temporary certificate shall not be construed as in
any way altering the respective rights, duties or obligations of the
owners or of the County relating to the use or occupancy of the premises
or any other matter covered by this ordinance, and such temporary
certificate shall not be issued except under such restrictions and
provisions as will adequately insure the safety of the occupants.
Written application for a certificate of occupancy for the use
of vacant land or for a change in the character of the use of lead,
as herein required, shall be made before any such land shall be so
occupied or used, except for agricultural purposes. Such a certificate
of occupancy shall be issued within three (3) days atter the application
therefor has been made, provided such use is in conformity with the
provisions of this ordinance.
7.
every certificate of occupancy shall state that the building or
proposed use of a building or land complies with all provisions of law
and of all county ordinances. A record of all certificates of ocau--
pancy shall be kept on file in the office of the Planning Cssion
and copies shall be furnished, on request, to any person having a
proprietary or tenancy interest in the building or land affected. No
fee shall be charged f or a certificate of occupancy,,
No permit for excavation for any building shall be issued before
application has been made for a certificate of occupancy.
SECTION 8. ADJUS VARIMM8 AND APPZAIS
The Planning C amnis s i on, subject to the approval and confirmation
of the Board of Super visors in each c ase, as hereinafter ter provided shall
have power to grant adjustments and variances in and to any of the pro-
visions of any zoning ordinance to the extent of the following and no
further,
- 1. To vary or modify the strict application of any of the regu-
lations or provisions contained in such ordinance in cases in which
there are practical difficulties or unnecessary hardships in the way of
such strict application.
2. To permit the extension of a district where the boundary line
thereof divides a lot in one ownership at the time of the passage of
such ordinance.
Application for any adjustment or variance permissible under the
provisions of this section shall be spade to the Planning Commission in
the foram of a written application for a building permit or for a per-
mit to use the property or premises as set forth in said application
and shall set forth all details of the proposed construction or use*
Upon receipt of any such application by the officer or employee of
the Planning foxmmission designated in the rules of the Cvammiasion for
such purpose, such officer or employee shall, set a time and place for
a public hearer before the Planning Commission on such application.
Such officer or employee shall, cause public notice of such public
hearing to be given by causing one notice thereof to be published in
a newspaper of general circulation in the County at least ten (10)
8.
days before the date of said hearing, At said hearingthe applicant
ppl cant
shall present a statement and adequate evidence, in such form as the
Planning Commission may require, showing:
lo That there are special, circumstances or conditions applying
to the land, building or use referred to in the application.
2, That the granting of the application is necessary for the
preservation and enjoyment of substantial property rights,
hts,
5 .at the granting of the application will not materially
adversely affect the health or safety of persons residing or working
in the neighborhood of the property of the applicant and will not be
materially detrimental to the public welfare or injurious to property
or improvements in said neighborhood,
The C omanis s ion shall thereupon mare its decision on the said
application and shall .report such decision to the Board of Supervisors
within forty-five (45) days after the filing of the application.
In granting any adjustment or variance under the provisions of
this section, the Planning ssion shall designate such conditions
in connection therewith as will, in its opinion, secure substantially
the objectives of the regulation or provision to which such adjustment
or variance is grante4, as to light, air and the public health, safety,
morals, convenience and general welfare* No permit shall be issued
under the provisions of this section unless and until a decision of the
Planning Commission, as aforesaid, approving the same, shall have been
approved and confirmed by the Board of Supervisors,, In reporting its
decision to the Board of Supervisors the Planning Co .i.ssion shall re-
port its findings with respect thereto and all facts in connection
therewith, and shall spec if ioall.y and fully set forth any adjustment
or variance granted and the conditions designated, Upon receipt of
such report, if the decision of the Planning approved the granting
of the application., the Board of Supervisors either shall., by reso-
l.u.tion, approve and confirm said decision, whereupon the pet as applied
for may issue, or shall refuse to approve and confirm such decision*
In All cases in which adjustments or variances are granted under the
provisions of this section, the Plann3.ng ssiQn shall require such
evidence and guarantees as it may deem to be necessary that the con--
i
d it ices designated in connection therewith are being and will be c omaw
plied with.
The Manning 0 ssion shall have power to decide any question
involving the interpretation of any provision of any zoning ordinance,
Any person who is dissatisfied with any decision or ruling of
the Planning Commission may, within thirty (3Q) days after the date
of such decision or ruling, appeal therefrom in writing to the Board
of supervisors, who shall have power to over-rule such decision or
ruling.
SECTION $. UsiP 's
Use permits may be issued f or any of the f ollowing in any dist-
riot established by any zoning ordinance;
1. Any of the uses or purposes for which such permits are re-
quired or permitted by the provisions of any such ordinance.
2. Public utility or public service uses or public buildings
when found to be necessary for the public health, safety, convenience
or welfare.
3. Commercial excavating of natural materials used for building
or construction purposes.
4. To classify as a conforming use any institutional use exist-
ing in any such district at the time of the establishment of such T
district.
59 To permit the location of any of the following uses in a
district from which they are excluded by the provisions of any zoning
ordinance establishing such district: airport, library, a unity
center, church, hospital, institutions of an educational, philanthropic
or charitable nature, cemetery, crematory, mausoleum and any other place
for the disposal of the hv_uan dead.
Such use permits shall be issued under the same procedure as that
specified in section 8 of this ordinance for the granting -of ad just--
ments or variances, except that
1. No public bearing need be head thereon.; provided, however,
that the Planning 0 i s s i on may hold such hearings thereon as it may
deem to be necessary; and provided, further, that a public hearing
shall be held on any application for a use p e rm .t for the establishment
10.
. of any use listed in the preceding paragraph numbered "5* of this
section.
2. The findings of the Planning Commission,, except as other-
wise provided in this section, need incluclo only that the establish-
ment, maintenance and f or conducting of the use for which a useP ermmit
is sought will not, under the ciroum tances of the particular case
be detrimental to the he al.th, safety, morals, c omfort, convenience
or general welfare of persons residing or working in the neighbor-
hood of such use and will not, under the circumstances of the particular
case, be detrimental to the public welfare or injurious to property or
improvements in said neighborhood.
3. Any proceedings to classify certain uses as conf oxming uses,
as provided in this section, may be initiated by the Board of Su er--
P
visors or by the Planning O vmmni s s i on, or by petition as he re inbe f ore
provided.
.1 other provisions of said Section 8, including the designation
by the planning commnission of any conditions upon which the use permit
may be issued and guarantees that such conditions will be complied with,
shall apply to the granting of a use permit.
Any use permitted under the terms of any use permit shall, be
established and conducted in conformity to the terms of such use per--
mit and of any conditions designated in connection therewith,
SECTION 10 AMMIN I IT",I
Any zoning ordinance may be amended by changing the boundaries
of districts or by ohanging any other provision thereof whenever the
public necessity and convenience and the general welfare require such
amendment, by following the procedure specified in this section. Said
amen ant may be initiated by
(a) The verified petition of one or more owners. of property
affected by the proposed amendment, which petition shall be filed with
the Planning Commission and shall be accompanied by a fee of renty--f ive
(25) Dollars, no part of which shall be returnable to the petitioner;
or by
(b) Resolution of intention of the Board of Supervisors; or by
(o) Resolution of intention of the Planning 0Mission.
ll.
The Planning Commission, not later than at its next succeeding
meeting following the filing of such verified petition or following
the adoption of such resolution of intention, shall set the times and
places for such public hearings thereon as may be required by lair, and
shall give such notice of such hearings as may be required by law, Such
notice shall include notice of the proposed ameent, In case the
proposed amendment consists of a change of the boundaries of any dist-
riot so as to reclassify property from any district to any other dist-
rict, the Planning Co=ission shall give additional notice of the time
and place of such hearings and of the purpose thereof by
1. Posting public notices thereof not less than ten lo) days
prior to the date of the first of such hearings along each and every
street upon which the property proposed to be reclassified abuts.
In case a maJority of the property proposed to be reclassified has
been subdivided into parcels of one (1) acre or less in area, such
notices shall be placed not more than five hundred (500) feet apart
and such posting shall extend along said street or streets a distance
of not less than, five hundred (500) feet fry the exterior l. ts of
such properties as are proposed for reclassification. In the case of
all other property proposed to be reclassified such notices shall be
placed not more than one (1) mile apart, Each such notice shall c onA-
sist of the words *Notice of proposed zoning change" printed in plain
type with Fetters not bees than one (1) inch in height, and in ad-
dit ion thereto a statement in s type setting forth a general
description of the property involved in the proposed change of dist-
riot, the time and place at which the public hearings on the proposed
charge will be held and any other information which the Planning Com--
mission may deem to be necessary; and by
2. Mailing a postal card notice not less than ten days prior
to the date of the first of such hearings to the owners of all property
within the post area above defined, using for this purpose the last
known name and address of such owners as shown upon the records of the
Assessor of the County.
12,
To imperfection or irregularity in any of said notices shall
invalidate --to any proceedings for amendment of any zon ordinance.
Following the aforesaid hearings the Planning Cnimmission shall
make a report of its findings and recommendations with respect to
the proposed amendment and shall file with the Board of Supervisors
an attested-copy of such report within ninety (90) days after the
date of the meet at which said Comission set the tines and places
for said hearings. Failure of the Plannng Coxmission so to report
.thin said ninety 90) days shall be deemed to be approval of the
proposed amendment by the Planng Commission.
'upon receipt of such report frm the Planning ission, or
upon the expiration of such ninety (90) days as aforesaid, the Board
of supervisors shall set the utter for public hearing after notice
thereof and of the proposed amendment, given as provided by law,
After the conclusion of such hearing the Board of Supervisors may
adapt the amendment or any part thereof set forth in the petition
or in the resolution of intention in such form as said Board may
deem to be advisable.
The decision of the Board of Supervisors shall be rendered
within sixty (60) days after the receipt of a report and rscom-
mendations from the Planning Commission or after the expiration of
such ninety 90) days, as a.foreastd.
Upon the consent of the Planning Oommission any petition for
an amendment may be withdrawn upon the written application of a
majority of all the persons who signed such petition. The Board of
Supervisors or the Planning Comm asion, as the case may be, may b
resolution, abandon any proceedings for an amendment initiated by
its own resolution of intention, provided that -such abandonment
may be made only when such proceedings are before such body for comm
sideration and provided that any hearing of which public notice has
been given shall be held.
SECTION . .. o � �ONS "IPWO TION AND APPEALS
The Planning o i,ssion shall in its rules prescribe the form
and scope of all petitions, applications and appeals provided for in
this ordinance, and of accompanying data to be furnished so as to
assure the fullest practicable presentation of f acts .for proper c on-
s ideration of the matter involved in each case and for a permanent
record* Any petition for an adjustment or Vari ano a as provided in
Section 8 of this o3rdinanee, or for a use permit as provided in Sec-
tion 9 of this ordinance, or for an. amendment as provided in Section
10 of this ordinance, shall include a verification by at least one
of the petitioners, attesting to the troth and correctness of all
facts and maps presented with said petition, such verification
shall be dated and attested before a notary public or before the
County Clerk.
SECTION 12. FORCI 130.- LEGAL PROC IES
All departments, officials and public employees of the county
which are vested with the duty or authority to issue permits or
licenses shall conform to the provisions of all zoning ordinances
and shall issue no such permit or license for uses, buildings, or
purposes where the sane would be in conflict with the provisions
of any such ordinance and any such permit or license, if issued in
conflict with the provisions of any such ordinance, shall be null
and void,
It shall be the duty of the Planning Commission to enforce
thep rovisions of all zoning ordinances pertaining to the erection,
construction, reconstruction, moving, conversion, alteration or
addition to any building or structure.
It shall be the duty of the Sheriff of the county and of the
officers of the County herein and/or otherwise charged by lam' with
-the enforcement of ordinances of the county to enforce all zoning
ordinances and all the provisions thereof.
,any person, firm or corporation, he the r as princ .pal, agent,
employee or otherwise, violating any of the provisions of any zon#.nng
ordinance shall be guilty of a misdemeanor, and upon conviction there-
of shall be punishable by a fine of not more than Three Hundred (300)
Dollars or by imprisonment in the County Tait of the County for a
term not exceeding three (3) months or by both such fine and im-
risonment. such person, firm. or corporation shall be deemed to be
P P �
guilty of a separate offense for each and every day durany Fortioim
of Which any violation of any zoning ordinance is committed, continued
or permitted by such person, firm or corporation, and shall be punish-
able as herein provided,
,any build#.ng or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions of
any zoning ordinance and/or any use of any land, building or premises
conducted, operated or maintained contrary to the provisions of any
coning ordinance shall be and the same is hereby declared to be un-
lawful and a public nuisance and the District ,attorney of the fount
y
shall, upon order of the Board of Supervisors, immediately cv ence
action or proceedings for the abatement and removal and enJ oient
thereof in the manner provided by law and shall take such other steps
and shall. apply to such court or courts as may have jurisdiction to
grant such relief as will abate and remove such building or structure
and restrain and enjoin any person, firm or corporation f rvm setting
up, erecting, building, mataining or using any such building or
structure or using any property contrary to the provisions of such
ord inanee,
The remedies provided for herein shall be cumulative and not
exclusive
-A 07 ZONNG ORDINANCE
SZCTION 139 INTRMT TION
In interpreting and applying the provisions of any zoning
ordinance, they shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comf ort,, convenience
and general welfare,, Except as spe o if io ally provided in any sue h zoning
ordinance, it is not .intended by the adoption thereof to repeal,
abrogate, annul or in any way to impair or interfere with any existew
ing provision of law or ordinance,, or any rules,, regulations or per_
wits previously adopted or issued, or which shall be adopted or
issued pursuant to law relating to the use of buildings,, or premises,
or relating to the erection, construction, establishment, moving,
alteration or enlargement of any building or improvement* nor is
it intended by any such zoning ordinance to interfere with or abrogate
15.
or annul any easement, convenant or other agreement between •
� partiea, .
provided, ho ver, that in oases in which any zoning ordinance imposes
s
a greater restriction upon the erection, constructions establishment
moving, alteration or enlargement of buildings s or the
g use of any such
building or premises in said several districts or any of them than
is imposed or required by such existing provisions of lair or ordinance
or by such rules, regulations or permits, or by such a asement s, coven--
ants. or agreements, then in such cases the provisions of such zoning
ordinance shall control,
SZCTION 140
If any section, subsection, sentence clause orp hrase of this
ordinance is for any reason held *by a c curt of competent jurisdiction.
to be invalid, such decision shall not affect the validity of the room
mainportions of this ordinance* The Board of Supervisors hereby
declares that it would have passed this ordinance and each section,
sub-section, sentence* clause and phrase hereof, irrespective of the
fact that any one or more sections, sub-sections, sentences, clauses
or phrases be declared invalid,
MOTION 15.
This ordinance shall be known and cited as the Zoning Procedure
Ordinance of the County of Contra Costa,
SECTION 160
This ordinance shall take effect and be in force frau and after
the M day of December, 1937, and before the expiration of fifteen
X15) days after the date of its adoption, the same shat]. be published
with re names of t e mem€b rs voting for and against the same in
, a newspaper of general
circulation pred and published in the County of Contra. Costa.
Adopted by the Beard of Supervisors of the County of Contra
Costa on the first day of November, 1937, by the following vote
v 4 I%f
Nom
or fHe oar o��SuPoFvrsors
o f..ths County of Contra Costas Stdte
Attest** of Calif ornia
County cerit an enc-a c o G:Leric of
the... Roard. _of_Runervisnrs Y
COUNTY OF CONTRA COSTA
STATE OF CALIFORNIA
Affibauff oubfir xtion
County of Contra Costa, SS.
STATE OF CALIFORNIA
-------------------I---------------
.--s--------------------------, being first duly
sworn, deposes and says: That at all times hereinafter mentioned--------------------
was a citizen of the United 'States, over the age of eighteen years,, and a
resident of said county and was at and during all said times________________________________
------------------------
imes--------------------------------
------------------------a.n----e-au 1 ov e
.........
._ _d__...._..- --
of the printer and publisher of the PITTSBURG DAILY INDEPENDENT, a
newspaper of general circulation printed and published daily except Sunday
and legal holidays in the city of Pittsburg, County of Contra Costa, State of
California; that said PITTSBURG DAILY INDEPENDENT, is and was at all
times herein mentioned, a newspaper of general circulation as that term is
defined by Section 4460 of the Political Code, and as provided by said section.
is published for the dissemination of local and telegraphic news and intelli-
gence of a general character, having, a bona fide subscription list of paying
subscribers, and is not devoted to the interests, or published for the en�-
tainment or instruction of a particular class., profession,, trade, calling, race or
denomination, or for the entertainment and instruction of any number of
such classes, professions, trades, callings, races or denominations,, that at all
said times said newspaper has been established, printed and -published in the
said city of Pittsburg, in said County and State at regular intervals since
August 15, 1930, as the successor of the PITTSBURG INDEPENDENT, which
was printed and published at regular intervals, for the dissemination of news,
fulfilling the terms of the above described code, for more than one year pre-
ceding August 15, 1930; that, said notice was set -ml type not smaller than
nonpareil, and was preceded with words printed in black face type not smaller
than nonpareil, describing and expressing in general terms, the purport and
character of the notice intended to be given; that the____________________________________________
11 Ordinance" 144,e 2
-------------- ---------------------------------------- ------------------------------------------------------------------------------------------
-------------------------------------------------------------------------- ---------------------------------------------------------------------------
of which the attached is a printed copy, was published and printed in said
A
newspaper----_3------------------------times commencing on the-----------------1*----------------day of
---------------QVemb-ar---------- 193-----r- and ending on the----------------6---------------day Of
-----------�.Qyem_4_15.r......... 193—T, both days incl: ew-,,Thatthe
notice was
published in the newspa, p and not in r r su le
----- ... ... ... . .. ..................
.7-- -------- --------I------------------------------ --------------------------------------------------
Subscri and sworn to before me this_-- ------------ --- - -------------------day Of
------------------------------------------------ 1 ------
....... ----------------------------------------------------------------------------------------------------------
Notaxy Public inwand for the County ct
Contra Co"California