Loading...
HomeMy WebLinkAboutTC Ord 1964-06-23 (5) ORDINANCE NC, AN INTERIM ORDINANCE OF THE CITY OF TIBURG~ ADOPTING ZONING REGULATIONS FOR SAID CIT~, ADOPTING BY REFERENCE MARIN COUNTY ORDINANCr NO. 264 AS AMENDED, ENTITLED liTHE ZONIK::: ORDINANCE OF THE COUNTY OF MARIN". DESIGNATIl\~ CERTAIN COMMISSIONS AND OFFICIALS 'TO ENFORCE SAID REGULATIONS, PRESCRIBING PENALTIES FOi THEIR VIOLATION. AND DECLARING THIS ORDINANCE AN EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATEL~ The City Council of the City of Tiouror does or~ain BE follows: Section 1. INCORPORATION BY REFERENCE: Ordinance Ne, 264 of Marin County, Calltornla, as amended to date of intrc.'~ duction of this measure, excepting, however, Section 24 of saie Ordinance, known as the "The Zoning Ordinance of the County 0: Marin", is hereby adopted by reference as an Ordinance of the City of Tiburon insofar as the same is applicable to the land within the bounoaries of said City. Three certified copies of said County Ordinance, and of the "TIBURON PENINSULA SECTION OF MARIN COUNTY MASTER PLAN" and the "STREETS AND HIGHWAYS MASTER PLAN", which said County Ordinance, in turn, incorporates by reference are on file with the City Clerk. Section 2. DEFINITIONS: The following words and phrases appearing in said incorporated sections shall have the following meanings: (A) "County" and "County of Marin" shall mean "City" and "City of Tiburon", respectively. (B) "Board of Sup,ervisors" and "Marin County Board of Supervisors" shall mean 'City Council" and "Tiburon City Council", respectively. (C) "Unincorporated territory" shall mean "incorporated area of the City of Tiburon". (D) "The time of the adoption of this ordinance" shall mean the time of the adoption by the County of said Ordinance No. 264, not the time of the adoption of this City Ordinance. (E) All other reference to boards, departments, officers agents or employees of the County of Marin shall be construed to refer to their counterparts performing the same or similar functions for the City of Tiburcn, including any County boards, etc., so functioning by arrangement between the City and the County. Section 3. ENFORCEMENT LEGAL PROCEDURE, PENALTIES: All departments, officials and pUbilC employees ot the Clty WhlCh are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no such permit or license for uses, buildings, or purposes where the same would be in conflict with the provisions of this ordinance any any such permit or license, if issued in conflict with the provisions of this ordinance, shall be null and void. It shall be the duty of the planning commission to enforce the provisions of this ordinance pertaining to the erection, con- struction, reconstruction, moving, conversion, alteration or addition to any building or structure. It shall be the duty of the Chief of Police of the C1~: and of the officers of the City herein or otherwise charged D: law with the enforcement of this ordinance to enforce thi: ordinance and all the Drovisions of the sams, Any person, firm or corporation, whether as princip&~ agent, employee or otherwise, violating any of tne provisions '-_ this ordinance shall be guilty of a misdemeanor, and upon cor- viction thereof shall be punishable by a fine of not more tna: Three Hundred Dollars ($300.00) or by imprisonment in toe coun:- jail of the county for a term not exceeding three months or D: both such fine and imprisonment. Such person, firm or corDO~- ation shall be deemed to be guilty of a separate offense rc: each and every day during any portion of which any violat1o' of this ordinance is committed, continued or permitted oy sue: person, firm or corporation, and shall be punishable as hereir provided. Any building or structure set up, erecteQ, conscructec, altered, enlarged, or converted, moved or maintained contrar:- to the provisions of this ordinance and/or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the Prosecuting Attorney of the City shall, upon order of the Tiburon City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the ~~nner 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 from setting up, erecting, building, main- taining or using any such building, or structure or using any property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive. Section 4. NOT RETROACTIVE: This Ordinance is not retroactive and shall not ~nvalldate or render unlawful any land or building use which had been previously lawful under said Ordinance No. 264, as amended, of the County of Marin, prior to the incorporation of Tiburon, nor shall it reject, revoke, or invalidate any maps, inspections, permits, recommendations, confirmations, authorizations, or approvals heretofore obtained under such Ordinance and regulations applicable thereto~ In all cases, however, conditions and limitations previously im- posed under such Ordinance and regulations shall continue in full power and effect, and nothing herein shall be construed as permitting or enlarging any existing use which was unlawful thereunder. Any procedure heretofore commenced under said Ordinance and regulations applicable thereto shall be com- pleted pursuant to the comparable provisions of this City Ordinance as though commenced hereunder from their inception, and any portions of such procedures which were completed prior to the effect'ive date of this Ordinance shall be considered compliance with the comparable procedures specified herein, provided, that any action thereunder to be taken by the Marin County Board of Supervisors shall be taken hereafter by the Tiburon City Council. Section 5. ENACTMENT: This ordinance is hereby declared to be temporary and an urgency measure, to take effect immedi- ately upon its adoption, such urgency being the immediate need within the rap1dLY growing and changlng area of the new~: i.ncorporated city for application of comprehens i ve zoning an = land use regulatlons ~ which will continue in effect ana pr-:-- serve the continuity of those previously applicable to t~c area under County administration until the City Plannin; Commission and City Council have had the opportunity L~ study, prepare and adopt comprehensive regulations of the~= own. Said City Planning Commission intends to conduct stud1e: as soon as possible, and within a reasonable time~ for tn~ purpose of the adoption of such new regulations, bet in cn~ interim such continuity of regulation is deemed by the Counc~~ necessary for the immediate preservation of the public peac~ health and safety. This orrlinance shall be posted in tnre7 public places witr.in the City as designated by Council resolutlO:'-. PASSED and ADOPTED at a meeting of the City Council c: the City of Tiburon on the 23rd day of June, 1964 by tn~ following vote' AYES: Councilmen: Strawbridge, Hoffmire, Ellinwoou: Souza, Hannahs NOES: Councilmen: NODe ABSENT: Councilmen: None MAYOR OF THE CITY OF TI /lU1~ ;J CITY CLERK