Duarte Municipal Code Ch. 5.36 Business on Vacant Lots

For the purpose of this chapter, "vacant lot" is defined as any lot which is not improved with a substantial permanent building which complies with the rules, regulations and requirements of the building department for a building, in the location in which it is built, and with the deed restrictions applicable to said lot.

(Ord. 72 § 83 (part), 1960)

The director of finance expressly reserves the right to make minor variations concerning the maintenance of the vacant lots herein referred to (to be used for the various businesses hereinafter referred to) as the peculiar conditions surrounding the lot, and the use thereof, may be in his judgment required. Such variations shall include, but shall not be limited to, the substitution of brick or tile or other pavement, for grass, for any portion of the lot required in Section 5.36.050 to be planted to grass, and the substitution of a fence or barrier wall for the hedge or for a portion of the hedge required in Section 5.36.050. Any such variance shall be made only with the express permission of the director of finance upon written application therefor.

(Ord. 72 § 83 (part), 1960)

No person shall conduct any business in which any goods, wares or merchandise is sold or displayed for sale on a vacant lot as defined in Section 8.36.010 without first applying for and receiving a permit from the director of finance.

(Ord. 760 § 1, 2001; Ord. 72 § 84, 1960)

The permit fee for any business other than those specifically mentioned herein and in which any goods, wares or merchandise is sold or displayed for sale, when said business is conducted principally upon a vacant lot, shall be established by resolution of the city council, payable in advance.

(Ord. 781 § 1 (part), 2006; Ord. 443 § 13, 1978: Ord. 328 § 1, 1972: Ord. 72 § 85(a), 1960)

Fraternal organizations, as defined in Section 15.05.020, shall be exempt from the payment of the fees required by Section 5.36.040, and from the bond requirements of Section 5.36.060.

(Ord. 328 § 2, 1972)

A lot used for the display of goods, wares and merchandise shall be graded and graveled or paved; except that the front ten feet thereof adjacent to the public sidewalk, if the lot fronts on any city street, and the parkway between the sidewalk and the curbing and a portion thereof five feet in width adjacent to the public sidewalk along any street and the curbing along the street shall be planted to grass. The grassed portion shall be separated from the graveled or paved portion by a hedge approximately eighteen inches high. The grass and hedge shall be maintained in good condition under the supervision of the park superintendent. Failure to maintain planting as required by the park superintendent shall be ground for revoking any such permit; provided further that the lot so used shall be separated from any adjacent property in a residential zone by a hedge or wall approximately six feet high. Any such lot shall be improved in accordance with a general plan of improvement which has been or may be adopted by the city council.

(Ord. 72 § 85(b), 1960)

The person desiring to engage in business on a vacant lot shall post a cash or surety company bond in the amount of five hundred dollars as a guarantee that they will keep the director of finance of the city of Duarte advised of the name and address of the owner of such business and to protect the purchaser of any article or thing purchased from the dealer against any fraud or misrepresentation. The bond shall remain in full force and effect for a period of ninety days and must be renewed from year to year so long as the dealer remains in business.

(Ord. 760 § 1, 2001; Ord. 328 § 3, 1972: Ord. 72 § 85(c), 1960)