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HomeMy WebLinkAboutOrdinance #495 ORDINANCE No. 495 DISTRICTING ORDINANCE OF THE CITY OF HUNTING- TON BEACH, CALIFORNIA. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIF- ORNIA, ESTABLISHING DISTRICTS WITHIN 'THE CITY OF HUNTING- TON BEACH AND PRESCRIBING REGULATIONS GOVERNING THE USE OF LAND, THE USE AND HEIGHT OF BUILDINGS AND STRUCTURES, THE OPEN SPACES AROUND SAID BUILDINGS AND STRUCTURES AND THE -PROPORTION OF LOT WHICH MAY BE COVERED, IN THE VARIOUS DISTRICTS; PROHIBITING CERTAIN USES AND CERTAIN TYPES OF BUILDINGS OR STRUCTURES IN CERTAIN DISTRICTS; ADOPTING A i MAP OF SAID DISTRICTS; DESCRIBING AND DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ENFORCEMENT AND AMENDMENT HEREOF; REPEALING CERTAIN ORDINANCES OR PARTS OF ORDINANCES WHICH 1JAY CONFLICT HEREWITH; AND PRESCRIB- ING THE PENALTY FOR VIOLATION HEREOF . The City Council of the City of Huntington Beach do, .. or- dain as follows : SECTION 1. GENERAL PURPOSE AND ADOPTION OF DISTRICTING PLAN. For the purpose of promoting and protecting the pub- lie health safety, . and general welfare of the people of the City of Huntington Beach, California, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, a land iise districting plan, composed of this ordinance and maps of the districts created herein, is hereby established and adopted by the City Council of the City of Huntington Beach, California. SECTION 2. DEFINITIONS. Far the purpose of this ordinance all words in the present tense shall include the future tense , words in the -T- Ord. 495 - singular number include the plural number and words in the plural number include the singular number; the word shall is mandatory; and certain words and terms used herein are defined as follows: ACCESSORY: A structure , building, or portion of either, the use and maintenance of which is subordinate and purely incidental to that of the main building and which is located on the same lot therewith. APARTMENT: A room or suite of two or more rooms which i is designed or intended for use and/or occupancy by only one family which may do its own cooking in said room or suite. BUILDING: A structure, having a roof, for the support, housing , shelter, and/or enclosure of any person, animal, or chattel; and when any portion thereof is separated from every other portion thereof by a masonry wall, without open- ings , extending from the ground to the upper surface of the roof, then such portion may be deemed a separate building. . BUILDING SITE: The ground area occupied or to be occu- pied by a building or buildings together with all the yards and open spaces. as required by this ordinance. BUILDING HEIGHT : or HEIGHT OF BUILDING: The ver- tical distance from the average of the highest and lowest elevations of those parts of the lot immediately adjacent to the building, to ceiling of the uppermost story in case of a flat roof; to the deck line of a mansard roof; to the mean height between eaves and ridge of a gable, hip, or gambrel roof. / BLOCK: All the real property abutting one side of a r -2- Ord. 495 street between the end of said street , or a city limit line and the nearest cross street , or between two consecutive cross streets. BUNGALOW COURT: A group of three or more detached or semi-detached one-family or two-family dwellings located upon a single lot and having a common court or yard and. a separate entrance on the ground floor for each apartment or dwelling, including dwelling groups and house courts, but not automobile courts . S CITY: The City of Huntington Beach, County of Orange, State of California. CITY COUNCIL: City Council of said City of Huntington Beach. COMMISSION: The Planning Commission of said City of ° Huntington Beach. DISTRICT: Any area or areas , similarly classified R whether contiguous or not , and shown by specific and similar designations on the maps which are a part of this ordinance. DWELLING: A building, having only one kitchen, used or designed ' or intended for use or occupancy by not more than one family as living quarters. DWELLING, TWO FAMILY or DUPLEX: A building, having not more than two kitchens , which is designed, arranged or intended as the living quarters for not more than two families living independently of each other. DWELLING, MULTIPLE: A building, portion thereof, or group of buildings having three or more housekeeping units , used, or designed, or intended for use as living quarters for 1 three or more families living independently of each other, -3- Ord.495 but not including automobile camps, automobile courts , or hotels. FAMILY: One person living alone or two or more persons living together in one housekeeping unit , but not more than five persons not related by blood or marriage. Family also includes employed household servants. GARAGE, PRIVATE: An accessory to, or a portion of a main building, used or designed for use only for the shelter and/or storage of passenger vehicles , or trucks of not more S than one ton rated capacity owned or operated by occupants of the main building, and also means uaable space and convenient ingress and egress thereto. HOME OCCUPATION: Any gainful enterprise customarily conducted entirely within a dwelling and carried on by only the inhabitants thereof, provided that no merchandise is exhibited to the public. LOT: A parcel of real property shown on a map recorded in the office of the County Recorder of either Los Angeles County or Orange County, California, designated on such map by a separate number or other character which applied only to the parcel so marked, or any area of land under one ownership abutting upon at least one street , alley, or recorded easement. NON-CONFORMING BUILDING: Any building or structure or any portion of either, which lawfully existed at the time this ordinance became effective and which was designed, erected or structurally. altered for a use that did not comply with the provisions of this ordinance and has not since such date been made to comply with said provisions . NON-CONFORMING USE: Any use lawfully existing in or -4- Ord. 495 on any building or structure, or in or upon any lot , at the time that this ordinance became effective , but did not com- ply with the provisions of this ordinance and has not since such date been made to comply with said provisions. STRUCTURE: Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attachment to the ground cr attachment to something having a fixed location on the ground. USE: The purpose for which land or a building or struc- ture is designed, arranged, or intended or for which it is or in the future may be occupied or maintained. YARD: An open space on a lot on which a building is situated and, except as otherwise provided in this ordinance, is unoccupied or unobstructed with buildings , structures, or portions thereof from the ground upward, and when a yard dimension is given it represents the minimum horizontal distance between the lot line from which the distance must be measured and a line parallel to said lot line. YARD, FRONT: A yard across the full width of the lot and extending from the front lot line to a line parallel thereto which passes through the nearest portion of that main building which is closest to said front lot line, excepting those projections of a main building permitted in a front ,yard by paragraph ( j ) of Section 24 hereof-. YARD, REAR: A yard extending across the full width of the lot and measured between the rear lot line of the lot and the nearest rear portion of that main building which is closest to said rear lot line , excepting as provided in para- graph ( j ) of Section 24 hereof. -5- Ord. 495 r YARD, SIDE: A yard on each side of the building and extending from the front yard to the rear yard of said lot, and located between the side lot line and the main building, the measured distance of which yard shall represent the shortest distance between the side line of the lot and that portion of the main building nearest said side line from which the measurement is taken, except as provided in paragraph (3) of Section 24 hereof. SECTION 3. ESTABLISIBIENT OF DISTRICTS (a) In order to classify, regulate, restrict and segregate the use of land., buildings, and structures, and to regulate and to limit the type, height, and bulk of buildings and structures in the various districts and to regulate the areas of yards and other open areas about and between buildings and structures, and to regulate the density of population, the City is hereby divided into thirteen (13) Districts designated and known asa R-1 R-1-0 R-2 R-2-0 R-3 R-3-0 R-4 R-4-0 C-3 C-3-0 M-1-0 1 M-2-0 ®6m Ord.495 S-1 which said several districts and 'the boundaries of said districts, and each of them, are hereby established and adopted and are shown delineated and designated R-1, R-1-0, R-2, R-2-0, R-3, R-3-0, R-4, R-4-O, C-3, 0-3-0, M-1-0, M-2-01 ✓'ter and S-1, respectively on those certain maps numbered Sheets 1 to 17, inclusive of "Districting Map of the City of Hunt- ington Beach, Orange County, California" , which map to- gether with all the notations , references , data, district boundaries , and other information thereon, is attached hereto, made a part hereof, and is hereby adopted. The land area comprising said districts , and each of them, is shown and designated on said map. DISTRICT BOUNDARIES (b) In case of uncertainty as to the district bound- aries of any of said districts, the following rules shall apply: (1) Where said boundaries are indicated as approximately following street lines, alley lines , or lot lines , such lines shall be construed to be said boundaries . (2) Where a district boundary divides a lot , the location of such boundary, unless indicated by dimen- sions , or by rule (1) above, shall be determined by use of the scale appearing on said map. (3) If after the application of the above rules, uncertainty exists as to any district boundary, the City Council shall, upon written request , interpret the map and determine said boundary and said determination shall be final and made a permanent public record. -7- Ord. 495 PUBLIC STREETS AND ALLEYS (c) Public Streets and alleys shall not be a part of any district , but whenever a public street or alley is officially abandoned, the regulations applicable to the abutting property shall apply to said vacated street or alley, but if such street , prior to abandonment, separated two districts then the districts on both sides shall extend to the center of said abandoned street or alley. i (d) The provisions of this ordinance governing the use of land, buildings and structures , the sizes of yards about buildings and structures , the height and bulk of buildings , the density of population, and other provisions of this ordinance are hereby declared to be in effect upon all land included within .the boundaries of each and every district established by this ordinance. (e ) Territory annexed to the city subsequent to the effective date of this ordinance shall upon the date that said annexation becomes effective , become a part of the single family residence district , or R-1 District. SECTI(fit 4. EFFECT OF ESTABLISHMENT OF DISTRICTS Except as hereinafter otherwise provided; (a.) 'No building, structure or portion thereof, designed, arranged or intended to be occupied or used for any purpose or in any manner other than those permitted by this ordinance, or amendments thereof, in the district in which such building or structure is located or proposed to be located, shall be erected, constructed, or established, moved, altered, added to, enlarged, or used. Ord.495 (b) No building, structure, land or lot shall be used for any purposes or in any manner other than those permitted by this ordinance, or any amendments thereto, in the district in which such building, structure , land or lot is located. (c ) No building or structure shall be erected, re- constructed, structurally altered, built upon to exceed in height the limit for buildings or structures designated for the district in which such building or structure is located. (d) No building or structure shall be erected, built , rebuilt , altered, enlarged or moved on any lot or building site so as to encroach upon any yard or open space required or in such a way as to fail to conform to the yard, set- back, and open spaces required for the district in which such building is located. SECTION 5. r NON-CONFORMING BUILDINGS AND USES (a) Non-conforming uses of land; (1) A non-conforming use of any land may be contin- ued or changed to a conforming use or to a use of a more re- stricted classification. (2) A non-conforming use which is not housed in a building or structure, but occupies a lot or portion of the lot or any other lot not actually so occupied at the time such use became non-conforming as a result of the adop- tion of this ordinance. ` (3) No non-conforming use shall be resumed, re-, established, or re-opened after it has .been abandoned, dis- continued or changed to a conforming use. A hon-conforming Ord.495 use shall be deemed to be discontinued or abandoned when such use has ceased to operate or to be. operated or to exist as a non-conforming use for a period of six (6) months. (b) Non-conforming Buildings : (1) A non-conforming building may continue to be maintained or may be changed to a building of a more re- stricted classification, or to a conforming building. (2) A non-conforming building or portion thereof which was specifically designed or, beyond. a reasonable doubt , intended by the nature of its arrangement and con- struction to be occupied or used in a way which would be non-conforming under this ordinance, but was not so occupied at the time this ordinance became effective, may be occupied or used for the purpose for which it was designed, arranged or intended, provided such building is so used within one (1) year after the effective date of this ordinance, other- wise the use of such building shall conform to the pro- visions of this ordinance. (3) Repairs or interior alterations which do not enlarge or increase the height of a non-conforming building may be made. (4) No non-conforming building or structure shall be added to or enlarged or altered on the exterior in any manner unless such building and its additions and enlarge- ments are made to conform in every respect with all of the provisions of this ordinance, or unless the City Council by resolution permits exterior alterations , enlargement , or additions only for the following reasons and under the V -10- Ord. 495 following conditions : a. That in the opinion of the City Council said revision is necessary to secure added safety or re- duce the fire hazard and/or to secure aesthetic advantages through alignment , architecture , or closer conformity to surrounding permissive buildings in the immediate neigh- borhood. b. That said revision or addition shall not increase the number of stories. c. That regardless of any or all alterations , enlargements , or additions , the floor area shall not be in- creased over ten per centum (100) of the total floor area such building contained at the time this ordinance became effective. d. That a set of plans and specifications covering the proposed construction, alteration, or addition shall have been submitted to the Commission for recommenda- tion and then to the City Council for approval as to location design, color , and general architecture and any work repre- sented thereby shall be done in accordance with said approved plans and specifications , and no permit for such work shall be issued until said plans have been so approved. (5) A non-conforming use occupying either a con- forming building, or non-conforming building, structure or portion of either thereof shall not be extended to any portion of the building or structure not so occupied at the time said use became non-conforming as a result of the adoption of this ordinance. (6) No non-confo0ing building or building used for -11- Ord.495 a non-conforming use shall be moved unless by so doing the building and its use would be made to conform to the provisions of this ordinance. (7) That existing buildings which are non-conforming only because of violation of the yard requirements hereof, may be altered or enlarged, provided said alterations and enlargements conform to the provisions of this ordinance. SECTION 6. CONDITIONAL EXCEPTIONS (a) When practical difficulties , unnecessary hard- ships , or results inconsistent with the general purposes and intent of this ordinance would occur through strict application of its provisions , the Commission, upon its own motion, written request of the City Council, or re- ceipt of a petition prepared in accordance with this Sec- tion and Section 10 hereof, may recommend to the City Council that conditional exceptions to the provisions of this ordinance be granted. The City Council after receipt of a report and the recommendation of the Commission, in each case , may under the conditions and as hereinafter provided, grant conditional exceptions to the provisions of this r ordinance, provided that so doing will not defeat its general purposes. (b) Petitions for conditional exceptions shall be made on forms prepared by the Commission and shall, regardless of other matter, state fully the grounds for such condi- tional exceptions and all f acts relied upon to show why this ordinance should not be strictly interpreted and en- M forced relative to the property or particular use involved. -12- Ord. 495 Such petition must be accompanied by plans , profiles , specifications , or other pertinent matter which the Com- mission may request and also show; (1)' That there are exceptional or extraordinary cir- cumstances or conditions applicable to the land, buildings, or premises involved, or to the intended use of same , that do not apply generally to the property or class of used in the same district . . (2) ' That such conditional exceptions are necessary for the preservation and enjoyment of substantial property rights. (3) That the granting of such conditional exceptions will not be materially detrimental to the public health, safety, and welfare or injurious to the conforming land, property, or improvements in the neighborhood of the pro- perty for which such conditional exception is sought. (4) That the, applicant is willing and able to carry out the purposes for which the conditional exception is sought, that he will proceed to do so without unnecessary delay. (c ) Before a conditional exception may be granted by the City Council and before the Commission may recommend such conditional exception, said Commission shall hold a public hearing relative to the proposed conditional exception as provided in Section 7 hereof. (d) The procedure for the granting of a conditional exception to the provisions of this ordinance are included in this ordinance because of the impossibility of forseeing 0 and providing for all of the circumstances and conditions -13- Ord. 495 which may be affected b it thus making it y y �, possible to adjust said provisions to special and unusual cases with- out defeating the general purposes and spirit of the ordinance. (e ) A District boundary shall not be changed by conditional exceptions. (f) The City Council may prescribe the terms and condi- tions upon which a conditional exception may be granted and set a time limit for the duration of such conditional ex- ception, and may require guarantees , in such form as it may deem proper under the circumstances , to insure that the purposes for which said exception is granted will be ful- filled, and that the conditions of the exception will be met. The City Council may revoke any conditional exception the purpose of which bas not been accomplished within a period of six (6) months from the date it was granted. SECTION 7. HEARINGS (a) (1) Public hearings may be held whenever desired in any matter relative to administration of this ordinance. (2) A public hearing shall be held by the Commission, or its authorized agent, prior to recommending that a condi- tional exception be granted. (3) Amendments relative to changing district boun- daries , reclassifying of property or uses therein or other substantial amendments hereto shall be accomplished only after such public hearings as are required in said matters by "The Planning Act" . (b) Notice of the time , place, and purpose of all public -14- Ord. 495 hearings held by either the City Council or the Commission, together with the boundaries, or a description, of the property or area under consideration, shall be given by at least one publication thereof in a newspaper of general circulation in the City, at least 10 days before. the day of said hearing. If such ..hearing is relative to a proposal, which would alter district boundaries , additional notice shall be given by; (1) Posting public notices thereof not less than 10 r days prior to the date of .said hearing mentioned therein. Such notices shall be placed not more than 300 feet apart along both sides of the street or streets abutting the property said proposal seeks to affect , and such posting shall extend along said street or streets a distance of not less than 300 feet beyond the exterior limits of said property, provided however, that posting within 25 feet of or below the high tide line in the Shoreline District shall not be required. Such posted notices shall have a .heading entitled, "Notice of Use District Hearing" , printed in plain type not less than one (1) inch in height, and in small type shall be a statement of the time, place and purpose of said hearing together with the boundaries of the property 1 involved or a description of such property,' (2) In lieu of posting notices as provided in sub- paragraph (1) above , notice may be given by mailing a postal card or other notice , containing the same information re- quired for said posted notices , not less than 10 days prior to the date of hearing mentioned therein, to the owners of 1 all property described in said proposal and to all owners of -15- Ord. 495 property within 300 feet of the exterior boundaries of said described property, using for this purpose the last known address of such owner or the addresses given for such owners as shown on the latest records of the City Collector. (c ) If, in response to a proposal, a hearing is 'to be called, it shall be called within 65 days of the filing date of said proposal unless a time extension is made by mutual agreement in writing. (d) The City Council and the Commission may respectively prescribe its own rules and regulations for conducting ite hearing and taking testimony, and may continue hearings , when necessary. (e ) The Commission may recommend that a petition be de- nied, and the City Council may deny, a petition without a public hearing. SECTION 8. AME NDKENT S (a) The boundaries of said districts , the classification of property and uses permitted within the various districts andsa.id yards and other open spaces required hereby may be changed, reclassified, abandoned, or added to and any other substantial amendment to this ordinance may be made whenever the public necessity, convenience or general welfare may require, but only after such hearings as may be required by this ordinance and The Planning Act. (b) Such proceedings may be initiated by: (1) The petition of any property owner who has pre- ' pared' a petition in accordance with Section 10 hereof. (2) A Resolution of Intention of said Commission. -16- Ord. 495 • (3) The written request or Resolution of In- tention of the City Council. SECTION 9. ADMINISTRATION (a) The recommendations of the Commission in legis-la- tive matters shall be only advisory, but its decisions in other matters such as interpreting the provisions of this ordinance, passing on plans submitted to it in accordance herewith, and the disposition of petitions shall be con- sidered administrative and shall be binding and effective, subject to appeal as hereinafter provided. Decisions of the Commission in respect to such matters shall be made in writing and submitted to the person requesting them, or in the case of a petition, to the person verifying the petition, within 5 days after final action in the matter and such notice shall be considered notice to all signers of said petitions, (b) Any person may appeal to the City Council in re- gard-to any decision of the Commission within 35 days after the date such decision was formally made . (c ) The. City Council may refer such appealed matter to the Commission for reconsideration, or may affirm or 1 set aside the decision of the Commission, after all int- erested persons have had opportunity to be heard at a public hearing as herein provided, and after such other procedure as the City Council may deem necessary in addition to that required hereby. The Decisions of the City Council shall be final and conclusive. Such decisions 1 shall, in any case, in the absence of written agreement -�7- Ord. 495 between the appellant and the City Council to the con- trary, be made within 65 days of the filing of such appeal, and if not so made shall be considered denied. The minutes of the City Council shall be deemed notice of its action in all matters of appeal.* (d) The Commission may make such investigations, , employ such help, secure such advice, and have prepared such plans and reports as it may deem necessary to perform its duties and functions. (e) Accurate and permanent records of the acts of the Commission shall be kept and such records shall have the same status as records of other administrative departments of the City. (f) Failure of the Commission to take final action on any matter submitted in accordance herewith, within 95 days subsequent to the date of filing or the date of ref® D erence of any matter to the Commission by the City Council shall be considered a decision of the Commission recommending that such matter or petition be denied and thereupon the City Council may act directly as to the matter, but under the same procedure and hearings prescribed for use by the Commission, provided however that written agreements for 1 extension of time in which to take final action may be made. (g) The City Council may prescribe fees to cover . costs of estimated expense involved in the granting of conditional exceptions or change of district boundaries. SECTION 10. PETITIONS 1 -18- Ord. 495 • (a) The Commission shall prescribe the form and scope of petitions and accompanying data so as to assure the fullest practicable presentation of facts , and all . petitions shall be made on such forms. Every petition for a conditional exception, as provided in Section 6 hereof, and for amendments , as provided in Section hereof , shall include a statement by at least one property owner who has signed such petition, and whose property is affected thereby, attesting to the truth and correctness of all statements , maps , and other data presented with said petition and such verification shall be signed and acknowledged before the City Clerk of the City or a Notary Public. Any petition which has not been prepared in accordance with these provisions need not be accepted or considered and may be rejected by the City Council or the Commission. (b) At the time such petition is filed, a fee of $5.00 shall be collected for the use and benefit of the City and shall be deposited in its general fund, Addi- tional fees to cover, costs of posting and advertising of hearings may be required. (c) Petitions shall be filed with the City Clerk and shall be referred to the Commission at its first meeting held subsequent to the time of such filing. SECTION 11. R-1 DISTRICT SINGLE FAMILY RESIDENCE DISTRICT The following provisions shall apply in the R-1 Dis- trict : -19- Ord. 495 • (a) Uses Permitted: (1 ) Permanent dwellings. (2) Agricultural and horticultural uses of a domestic or non-commercial purpose and character, including green houses , but not animal husbandry nor barns , storage houses , or other non-dwelling buildings which are appurt- enant to agricultural or horticultural purposes. (3) Usual accessories in connection with single family uses including a private garage for passenger auto- mobiles containing space for not to exceed three such automobiles for each dwelling. There shall be a private garage or usable and accessible garage space as an accessory to each and every dwelling and such garage and/or space shall be on the same lot with the dwelling. Servants quarters shall not be provided with kitchen arrangements or facilities , nor other pro- visions for the preparation or serving of meals. (4) Home occupations. • (5 ) Not more than one sign, placard, or other advertising device may be erected, painted on, or made a Dart of any premises and such sign shall be unlighted and have an area of not more than two square feet. (b) Building Height. (1 ) No dwelling or accessory building shall exceed thirty feet in height nor consist of more than two stories. (c ) Building Site , Area, and Space Requirements . (1) The minimum lot area for each single family dwelling shall be five thousand (5 ,000) square feet. -20- ,Ord. 495 (2) There may be one or more single family dwellings on any lot having an area of ten thousand (10,000 ) square feet or more provided there is not less than five thousand (5 ,000) square feet of lot area for each such dwelling, and in such case if one is placed in the rear of the other no wall of one dwelling shall be closer than fifteen (15 ) feet to the nearest wall of the other. (3 ) Each lot shall have a width of not less than fifty (50) feet along the adjoining street and an area of .not less than five thousand (5,000) square feet , provided however, that any lot existing at the effective date of this ordinance may be used as a building site for any use permitted in this Section. (4) Accessory buildings shall be at least six(6) feet from the main building and from each other. (d) The following yards shall be provided and main- tained; (1) A front yard of not less than twenty (20) feet , except as provided in sub-section (m) of Section 24 of this ordinance. (2 ) Side yards each of which shall have a width of not less than four (4) feet, except as provided in sub- section (n) of Section 24 hereof. ( 3 ) A rear yard of not less than twenty (20) feet, but accessory buildings may occupy up to 50% of such rear yard. (e ) The provisions of Section 24 of this ordinance, insofar as applicable to this section, shall be considered to be as much a part of this section as though each porlLon -21- Ord. 495 • of said Section 24 were in this- sub-section written. SECTION 12 . R-1-0 DISTRICT SINGLE FAMILY RESIDENCE DISTRICT COP'IBINED WITH OIL PRODUCTION All of the provisions of the R-1 District and other provisions of this ordinance applicable thereto shall also apply to the R-1-0 District , provided 'however that drilling and operating for the discovery or production of oil, gas , i hydrocarbons., and/or other kindred substances , in their natural states , shall be permitted in the R-1-0 District. SECTION 13, R-2 DISTRICT THE TWO-FAMILY RESIDENCE DISTRICT The following provisions shall apply in the R-2 District ; (a) Uses Permitted: (1) All uses permitted in the R-1 District . (2 ) Dwellings , two-family dwellings and buildings designed, arranged and intended to house more than two families , as provided in this section. (3) There may be established an additional dwelling on any lot on which only one dwelling existed on the date this ordinance became effective, wherever the lot meets the area requirements of this section and such addition- al dwelling can be located as provided in this section. (4) The usual accessories in connection with per missible buildings , provided however, that there shall be a private garage or accessible and usable garage space having a capacity of at least one automobile for each dwelling or -22- i Ord. 495 apartment established on the same lot, but for not more than two automobiles for each such dwelling or apartment. (5 ) Not more than one sign, placard, or other advertising device may be erected, painted on, or made a part of any premises and such sign shall be unlighted and have an area of not more than three (3) square feet. (b) Building Height. No building, structure , or accessory to either shall exceed thirty (30) feet in height nor consist of more than two stories. (c) Building Site, Area, and Space Requirements. (1) Each dwelling or duplex, or multiple dwelling to be permissible shall be situated on a lot having a width of not less than, fiftkr, (50) feet along the adjoining street and an area of not less than five thousand (5 ,000) square feet, provided however, that said minimum provisions of width and area shall not apply to any lot of less than. said width and area existing on the date this ordinance becomes effective and provided further, that subject to sub-section (b) of Section 24 of this ordinance , there shall be: a. At least 2,500 square feet of lot area for each dwelling. b. At least 4,000 square feet of lot area for each duplex. c. At least 2 ,000 square feet of lot area. for each apartment which is within or a part of any multiple- dwelling. (2 ) If separate dwellings are constructed or P established so that one is in the rear of the other, they -23- Ord. 495 shall not be less than fifteen (15 ) feet from each other, and accessory buildings shall be not less than six (6) feet from any other building on the same lot. (d) The following ,yards shall be provided and main- tained; (1) A front yard of not less than fifteen (15 ) feet , except as provided in sub-section (m) of Section 24 of this ordinance. (2) Side yards each of which shall have a width of not less. than four ( 4) feet, except as provided in sub- section (n) of Section 24 hereof. (3) A rear yard of not less than ten (10) feet , provided that on corner lots , the rear of which abuts on an alley, the rear yard need not be more, and shall not be less than four (4) feet wide, but accessory buildings may occupy up to sixty per centum (60%) of rear yard area. (e) The provisions of Section 24 of this ordinance , insofar as applicable to this section, shall be considered to be as much a part of this Section as though each Portion . of Section 24 were in this Section written. SECTION 14. R-2-0 DISTRICT TWO-FA11.4ILY RESIDENCE DISTRICT COMBINED WITH OIL PRODUCTION All of the provisions of the R-2 District and other provisions of this ordinance applicable thereto shall also apply to the R-2-0 District , provided however, that i drilling and operating for the discovery or production of oil, gas , hydrocarbons and/or other kindred substances , in their natural states , shall be permitted in the R-2-0 -24- i Ord. 495 District. SECTION 15 . R-3 DISTRICT THE LIMITED MULTIPLE-FAMILY RESIDENCE DISTRICT The following provisions shall apply in the R-3 District : (a) Uses Permitted: (1) All uses permitted in the R-1 and R-2 Districts. (2) Apartment houses , bungalow courts, group houses , boarding and rooming houses , fraternity houses and private clubs , public or private institutions of an educa- tional or philanthropic nature which are not rendering treat- ment for physical or mental diseases , and churches of a permanent nature. (3) Libraries , Museums , Public Utility Buildings , Hospitals and Convalescent and Rest Homes subjectto issuance of a conditional permit from the City Council, upon recommend- ation of the Planning Commission, showing that the granting of such permit under the conditions imposed will preserve the intended character of the district , the utility and value of adjacent property and the general welfare of the neigh- borhood, Such conditions may include greater yard areas , screening by hedges 'or fences , parking areas , height limita- tions and other measures to carry out the intent of this ordinance. (4) Subject to the respective limitations, other similar enterprises , unless in the opinion of the Commission they would be, by comparison with those mentioned in this Section , detrimental to the particular neighborhood in which located or to be located. -25- Ora. 495 • (5) Not more than two signs , placards or other advertising devices which shall have a total area of not more than six. (6) square feet , except that schools , clubs, churches and hotels may be allowed a total of not more than ten (10) square feet of such sign space in addition to a cornerstone , nameplate, or other such wording formed on building material which is made a permanent part of such building. (6) The usual accessories on the same lot in connection with permissible buildings. (7) Parking Lots. (b) Building Height. No building, structure or accessory to either shall exceed forty-five (45) feet in height nor consist of more than three stories. (c) Building Site, Area and Space Requirements. (1) Each building to be permissible shall be located upon a lot not less than fifty (50) feet wide along the adjoining street and having an area of not less than five thousand (5,000) square feet , provided however, that said minimum provisions of width and area shall not apply to any lot of less than said width and area existing on the date this ordinance became effective, and provided further that there shall be; a. At least 2,000 square feet of lot area for each dwelling. b. At least 3,000 square feet of lot area for each duplex. . (d) The following yards shall be provided and main- -26- Ord. 495 tained; (1) A front ,yard of not less than ten . (10) feet except as provided in sub-section (m) of Section 24 of this ordinance. (2) Side yards, each of which shall have a width of not less than Four (4) feet except as provided in sub section (n) of Section 24 hereof, and provided further that for each story over two the side yard shall be increased by one (1) foot. (e) The Provisions of Section 24 of this ordinance , insofar as, they may apply to this Section, shall be con- sidered to be as much a part of this section as though each portion of said Section 24 were in this Section written. SECTION 16. R-3-0 DISTRICT THE LIMITED MULTIPLE-FAL14ILY RESIDENCE DISTRICT COMBINED WITH OIL PRODUCTION All of the provisions of the R-3 District and other provisions of this ordinance applicable thereto shall also apply to the R-3-0 District, provided however that drilling and operating for the discovery or production of oil, gas , hydrocarbons and/or other kindred substances , in their 1 natural states , shall be. permitted in the R-3-0 District. SECTION 17. R-4 DISTRICT THE MULTIPLE-FAMILY RESIDENCE DISTRICT All of the provisions of the R-3 District and other provisions of this ordinance appli.cable thereto shall also 1 apply to the R-4 District , exeept`::that in the R-4 District -27- Ord. 495 • no front yard shall be required. SECTION 19. R-4-0 DISTRICT h1ULTIPLE-FAMILY RESIDENCE DISTRICT COMBINED WITH OIL PRODUCTION All of the provisions applicable to the R-4 District and other provisions of this ordinance applicable thereto shall also apply to the R-4-0 District, provided however that drilling and operating for the discovery of , pro- duction of oil, gas , hydrocarbons and/or other kindred substances, in their natural states , shall be permitted in the R-4-0 District. SECTION 19. C-3 DISTRICT GENERAL BUSINESS DISTRICT The following provisions shall apply in the C-3 Dis- trict: (a) Uses Permitted; (1) Any uses permitted in the R-1, R-2, and R-3 Districts, but under the provisions of paragraph (h) of Section 24 hereof . (2 ) Offices of persons engaged in businesses , professions , or trades. (3) Subject to the further provisions of this section, general retail and wholesale business and/or commercial enterprises such as ; Auditoriums, temporary or permanent Automobile Camps Automobile Parking i Ord. 495 Automobile Service Stations Barber Shops Bakery, Retail Beauty Parlors Book or Stationery Stores Cabinet Shops Churches , temporary Clothes Cleaning Agency or Pressing. Estab- lishment Conservatories and Studios , but not motion picture studios Dressmaking Shops Drug Stores Dry goods or notions stores Feed and Fuel Stores Florist Shops i Garages Grocery and Fruit Stores Hardware and Appliance Stores Hospitals , but not animal hospitals nor hospitals for mental or contagious diseases or drug or liquor addicts Hotels T,4ea.t and Delicatessen Stores Mercantile Stores and Markets Newspaper Publishing Photographer Plumbing Shops Printing 'Shops -29- Ord. 495 Radio Sales and Repair Shops Restaurants , Cafes Service Stations (Automobile ) Shoe Repair Shops Shoe Shops Storage of goods enclosed within a building but not general warehouses Tailor Shops Theatres Tire Shops Trade, Schools Undertaking Used Automobile sales , but it shall be un- lawful to store or offer for sale on any used car lot any vehicle which is not in condition to be legally operated upon any California State Highway. (4) Any business or enterprise considered by the Commission to be similar in character to those listed above inthis section unless in the opinion of the Commission, it would be, by comparision with those mentioned above, detri- mental to or incompatible with the neighborhood or district 0 in which it is proposed to be located. (5 ) There may be the usual accessories in connec- tion with such permissible buildings , premises , structures or uses. SECTION 20. C-3-0 DISTRICT r GENERAL BUSINESS DISTRICT COMBINED WITH OIL -30- i Ord. 495 PRODUCTION All of the provisions of the 0-3 District and other provisions of this ordinance applicable thereto shall also apply to the C-3-0 District , provided however that drilling and operating for the discovery or production of oil, gas , hydrocarbons and/or other kindred substances , in their natural states , shall be permitted in the C-3-0 District. SECTION 21. M-1-0 DISTRICT THE MANUFACTURING DISTRICT The following provisions shall apply in the M-1-0 District: (a) Uses Permitted: (1) Any uses permitted in the R-1, R-2, and R-3 Districts , but only under the provisions of paragraph (h) of Section 24 hereof. (2 ) Any uses permitted in the C-3 and C-3-0 Districts. (3) Bottling of milk and soft drinks Cleaning establishments using steam boilers and explosive solutions Ice Manufacturing and/or Cold Storage Plants 1 Laundries Lumber Yards Machine Shops Planing Mills and sash and door manufacturing Public Scales business Sheet Metal Shops Storage of : Fuel, gas , building materials , _37.- Ord. 495 contractor 's equipment Sub-stations (for public utility services ) Trucking terminal Warehouses Welding works (4) Manufacturing and industrial uses which in the opinion of the Commission would not cause dust, smoke, noise-, and/or odor in excess of that to be usually expected from' the uses mentioned under paragraph 3, above, in this r section. (5 ) Uses considered by the Commis,sion to be similar to those permitted by this Section, unless they, in the opinion of the Commission, would be by comparison, ob- noxious or detrimental to the city or any section thereof ; or the neighborhood in which it is proposed such use be lo- cated. SECTION 22. 12-2-0 DISTRICT THE INDUSTRIAL DISTRICT The following provisions shall apply in the 11-2-0 District: (a) Uses Permitted: (1). All the uses permitted in all other districts, but the uses allowed in the R-1, R-2, R-3 and R-4 Districts shall be permitted only under the provisions of paragraph (h.) of Section 24 hereof . (2 ) General manufacturing and industrial uses and buildings and structures designed and intended for such uses , except as further provided in this section. • J Ord. 495 (3) The following uses provided they are not located within three hundred (300) feet of any State High- way, public buildings , public school grounds , public park or recreational areas , the right of way or street known as Plain Street, or the right of way or street known as Twenty- third Street ; a. Automobile wrecking, if conducted en- tirely within a building. b. Junk yards or salvage yards , if conducted entirely within a building. c. Stables (b) Uses Prohibited; The area comprising the City of Huntington Beach is comparatively limited and would cause a proximity of uses which, if not segregated, or, in respect to some, if not prohibited altogether, would deprive the citizens of said City from the enjoyment of the general welfare, health, convenience, and . prosperity to which they are entitled, therefore the following uses are prohibited in said city: (1) The manufacture or processing of cement, lime, gypsum, bleaching powder, fertilizer, potash, disinfectants , glucose ; glue, size, acid, rubber or rubber products , and 1 acetylene, sulphuric, nitric, or hydrochloric gas, and ex- plosives, excepting petroleum products. (2 ) Distillation, reduction or rendering of bones , fat , tallow, dead animals or garbage, but said City may, as a governmental service dispose of the garbage of said city, within the city limits. 1 (3) Storage of explosives , excepting petroleum -33- Ord. 495 products . (4) Stock yard, slaughter houses, meat packing plants, dairies, hog farms and hog feeding, except where there are not more than one hog or pig, goat , or bovine animal per acre. (5 ) Quarries excepting those developing or pro- ducing hydrocarbon substances. (6) Uses which in the opinion of the Commission are, similar to those mentioned in sub-section (b) of this Section. SECTION 23. S-1 DISTRICT THE SHORELINE DISTRICT The following provisions shall apply in the Shore- line District; (a) Uses Permitted: w (1) Public recreation and public facilities therefor, including a public trailer camp and publicly con- trolled concessions in or on existing public buildings or structures or in said trailer camp, but no other uses. (b) Buildings or Structures Permitted: Only public buildings or structures necessary or 1 convenient for recreational purposes or for beautification of the district. SECTION 24. GENERAL PROVISIONS AND EXCEPTIONS (a) In interpreting and applying the provisions of this ordinance they shall be held to be the minimum require- ments for the promotion of the public safety, health, con- _34- Ord. 495 venience, comfort , or general welfare. It is not in- tended by this ordinance to interfere with, or abrogate or annul any easements , covenants , or other existing agreements between parties , or to repeal any ordinance other than as expressly stated herein, provided however, that where this ordinance imposes a greater restriction or regulation upon buildings or structures and the use of them, or the use of land or premises , or requires larger open spa- ces or ,yards , than are imposed or required by other ordinances , rules , or regulations , the provisions of this ordinance shall govern. (b) If, prior to the effective. date of this ordinance, a dwelling in the R-1, R-1-0, R-2 or the R-2-0 District was located so that the major portion of such building was in the rear area of the lot as determined by a line drawn from the midpoint of one side of the lot to the midpoint of the other side of the lot , one additional dwelling may be built or established on the front part of said lot ; but said additional dwelling and its location and use and the use of such. lot shall conform with this ordinance in every other respect. (c ) Height limitation ?provisions in this ordinance shall not be deemed to regulate the height of chimneys , cooling towers , fire station towers , flag poles , scenery lofts , water tanks, radio poles or towers , ornamental towers or spires , domes, cupolas , oil well derricks , parapet walls not exceeding four (4) feet in height, or other similar appurtenances not designed for habitation. ` (d) It shall be unlawful to construct , erect or locate -35- Ord. 495 • on any lot in the -R-1, R-1-0, R-2, or R-2-0 Districts private garages or other accessory buildings , without a permissible main building. (e ) Every private garage building or portion of a . main building used for garage purposes excepting in Districts C-3, C-3-0, M-1-0, or M-2-0 shall be so equipped that the doors when open, or being opened will not project beyond any lot line of the lot on which such building is located, and when said doors open onto any alley, the wall or por- tion thereof containing said doors or doorway shall be at least six (6) feet from the line forming the common boundary between said lot and the alley. Private garages required by this ordinance shall be built concurrently with the main buildings to which such garages are accessory and shall be maintained as private gxages 'for said main build- ings. (f) In the rear yard of a corner lot in any except the 0-3, 0-3-0, 1.1-1-0, or M-2-0 Districts , no accessory, building and/or structure, or part thereof, shall be es- tablished or located closer to the exterior side lot line than the width of the exterior side yard for such lot , and if the rear lot line of such corner lot abuts the side line of an adjoining lot then no such accessory, building, and/or structure, or part thereof, within twenty-five (25 ) feet of said rear lot line shall be closer to said exterior side lot line of said corner lot than the distance represented by the average of the, front yard depth of said adjoining or key lot and the width of the exterior side yard on said corner lot . -36_ Ord. 495 (g) No provision in this ordinance shall be deemed to prohibit within any district the following uses; (1) Fire and Police Stations or other public buildings owned by the City and the customary uses of such buildings . (2 ) Public schools including usual and customary facilities in connection therewith. (3) Public parks including recreation, storage, and service buildings appurtenant to said park and used in i connection therewith; not commercial enterprises, concessions, or amusements operated for gain, ind.idental to such park purpose as may be permitted in accordance with Section 6 hereof . (h) Buildings permissible in the R-1, R-2, R-3, and R-4 Districts are also permissible in the 0-3, C-3-0, M-1-0, and M-2-0 Districts provided they are constructed, established and/or located in accordance with the provisions of the R-3 District and the general provisions of Section 24 applicable to the R-3 District. YARDS (i ) No part of a yard provided for any building or structure on any lot for the purpose of complying with , the provisions of this ordinance, shall be included or con- sidered as a part of a yard required by this ordinance for any other building or structure on the same lot or an adjacent lot . ( ,j ) Yard provisions shall not exclude walks , drive- ways , eaves, railings , or fences , except that fences over three and one-half (32) feet in height are prohibited in -37- Ord. 495 i any front yard or exterior side yard of a corner lot . A landing place or uncovered porch may extend into the front yard to a distance of six (6) feet from the front line of the building, across not more than one-half (*) the width. of the lot , provided that such landing place or porch shall have its floor no higher than the entrance floor of the building. Stairs from said landing place to the ground may extend beyond said six (6) feet. (k) In case of buildings more than one story in height in the R-1, R-1-0, R-2, or R-2-0 Districts , the walls of any story above the first story shall be set back so as to provide a side yard width of not less than five (5) feet. (1) No separate accessory building on any lot in any residential district shall be located closer to the front lot line of such lot than a distance of fifty (50) feet , provided that this regulation shall not prohibit accessory i buildings in otherwise permissive locations in the rear one- half of any such lot . (m) Front yards established by this ordinance shall be varied as follows in determi ring minimum front yard require- ments ; (1) The depth of the front yard on any lot be- tween two adjoining lots , on each of which a front yard is established by buildings , shall be not less and need not be more than the average depth established by said ex- isting front yards. (2) The depth of a front yard on any lot between two adjoining lets on only one of which a front yard is es- tablished by a building, shall be not less and need not be -38- Ord. 495 r more than the average of the front yard depth required in the district in which the lot is located and said ex- isting front yard depth. (3) The depth of a front yard on a key lot (an interior lot lying between another interior lot and a corner lot which has its exterior side line, or length, abutting the same street as the front of said interior lot ) shall be not less , and need not be more, than the aver- age of the front yard of the adjoining interior lot and the side yard of said corner lot , provided however, that in no case shall the front yard of such key lot be required to have a depth greater than one-half (1) the regular front yard depth required for the district in which such key lot is located. (4) The depth of a front yard on a corner lot fronting on the same street as the interior lots in the r same block shall be not less and need not be more than the average of the front yard depth required for the district in which such corner lot is located and the depth of the existing front yard, if any, on such adjoining interior lot. If the lot adjoining said corner lot is vacant , then the front yard depth for said corner lot shall be the depth provided for the district in which it is located. (5) Wherever, in'any recorded subdivision, the side line . of a corner lot is common to the side line of an interior lot , causing one end of the corner lot to abut the same street line as the interior lot , them, regardless of which street a building on the corner lot faces , the front .yard required for such corner lot shall be measured -39- Ord. 495 r from the same street line as that used in measuring the front yard of said adjoining interior lot . (6) No provision in this ordinance shall be con- strued au to require that the depth of front yard shall ex- ceed thirty (30) feet, and no front yard with a depth greater than thirty-five (35 ) feet shall be used in determining the depth of any other front yard. No yard created by a build- ing designed or constructed for a non-conforming use shall S be used in determining the depth of any front yard. (7) In determining the average depth of a front yard on any lot , no building over forty (40) feet fromthe side line of such lot need be considered. (n) Side yards on lots under forty (40) feet in width existing prior to the effective date of this ordinance need not be more than three (3) feet in width. (o) On a corner lot where yards are required and where the rear line of such corner lot abuts the side line of an adjoining lot , no accessory building or portion thereof shall be located within four (4) feet of the common lot line of such lots. (p) Excepting automobiles , trailerg , growing plants or nursery stock, lumber and Christmas trees, all goods , wares , merchandise, produce , and other commodities which are stored or offered for sale or exchange in the 0-3 and 0-3-0 Districts shall be housed in buildings unless being transported, provided however that such goods , wares , merchandise, produce and other commodities , as are displayed in an entry way or recessed entrance of a building shall be considered as being housed in such building. -40- Ord. 495 r (q ) Fences , walls, and hedges may be located in yard areas , provided they do not exceed six (6) feet in height and provided further that if located in any front yard or the exterior side yard of any corner lot they shall not exceed three and one-half ( 32) feet in height. Fences , walls, and hedges over three and one-half (3 ) feet in height shall not be permitted in the rear yard area of any corner lot except in locations/permissible for S accessory buildings in such rear yards. (r) Where the rear lot line of a lot abuts and is common to the boundary of a street , alley or public park the depth of the rear yard for such lot may be reduced by five (5 ) feet. (s ) Other provisions of this ordinance notwithstanding, any lot which existed prior to the effective date of this ordinance may be used as a building site for at least one single-family dwelling. SECTION 25. PLOT PLAN There shall be attached to and made a part of each application for a building permit an accurat6 plot plan of the -lot , drawn to scale of not less than twenty (20) feet per inch, showing the dimensions of existing buildings , if any,and the proposed building or structure for which application is being made ,. and such other information as may be necessary to provide for the proper enforcement of this ordinance, in respect to such application. SECTION 26. ENF.ORCEMNT -41- Ord. 495 All City departments , officials or public employees , vested with the duty or authority to issue permits or licenses where required by law; or ordinance , shall enforce the provisions of this ordinance and issue no such license or permit for uses, buildings , structures or purposes where same would be in conflict with the provisions of this ordinance and any such license or permit , if issued in conflict with the provisions of this ordinance, shall be S null and void. SECTION 27. VIOLATION Any person, firm or corporation violating any of the provisions 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 ($300.00) dollars, or by imprisonment in the county Jail for a period of not more than ninety (90) days , or by both such fine and im- prisonment . Each person, firm or corporation shall be deemed guilty of a separate 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 . therefor as provided by this ordinance. SECTION 28. VALIDITY If any section, sub-section, sentence , clause or phrase of this ordinance is for ..Any reason held to be in- valid or unconstitutional by the decision of any court of competent ,jurisdiction, such decision shall not affect the -42- Ord. 495 validity of the remaining portions of the ordinance. . The City Council of the City of Huntington Beach hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other section, sub-sections, sentences , clauses or phrases be declared invalid or un- constitutional. SECTION 29. S The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed and published once in The Huntington Beach News , a newspaper of general circulation, printed, published, and circulated in said city, and thirty (30) days from and after its final passage it shall take effea.t and be in full force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach , California., at a regular meeting thereof r held on the 6th day of May, 1946. ATTEST; City ,Blerk P1la o r � -4�e Ord. 495 • STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, C.R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntingtoh Beach and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that, the whole number of members of the City Council of the City of Huntington Beach, is five; that the foregoing Ordinance was first read to said City Council at a regular meeting thereof held on the 5th day of Aril , 1946, and was again read to said City Council at a regular meeting thereof held on the _6th___ day of May___ 19469 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council as follows : AYES Councilmen: GrableL TerryZ Hawes, Langenbeck� Bartlett . NOES: Councilmen: None. ABSENT: Councilmen: None. City Clerk and ex-officio Clerk of the City Council of the City 'i of Huntington Beach, California.