Loading...
HomeMy WebLinkAboutOrdinance #517 .ORDINANCE NO. 517 ,AN ORDINANCE AMENDING ORDINANCE NO. 495,DISTRICTING. ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFOR- NIA, ENTITLED: "AN ORDINANCE OF THE CITY OF HUNTINGS TON BEACH, CALIFORNIA, ESTABLISHING DISTRICTS WITHIN THE CITY OF" HUNTINGTON BEACH AND PRESCRIBING REGULA- TIONS' 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 BUILD- INGS OR STRUCTURES IN CERTAIN DISTRICTS; ADOPTING A MAP OF SAID DISTRICTS;' DESCRIBING AND DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE ENFORCE- MENT AND AMENDMENT HEREOF; REPEALING CERTAIN ORDI•D NANCES OR- PARTS OF- ORDINANCES WHICH MAY CONFLICT HEREWITH; AND PRESCRIBING THE PENALTY FOR VIOLATION HEREOF. Toe City Council of the City of Huntington Beach does ordain as follows : _ Section 1: Section 17 of Ordinance No. 495 is hereby amended to read as follows : "Section 17. All of the pro- visions of the R-3 District and other provisions of this ordinance applicable thereto shall also apply to the R�4 District, regardless of front yard provisions in Section 24 ;hereof, there shall be a minimum front yard of not less than four (4) feet, and existing front yards on adjoining properties shall not cause said four (4) foot front yards to be increased or decreased in depth. " Section 2: Section 24 of Ordinance No. 495 is hereby amended to read as follows: Section 24. GENERAL PROVISIONS AND EXCEPTIONS In administering this Ordinance certain provisions and exceptions shall apply which are as follows : Section 3: A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24a and to be -1- Ord. 517 inserted in said Ordinance immediately following Section 24, the same to read as follows: 24a. 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- venience, comfort, or general welfare. It is not intended by this ordinance to interfere with, or abrogate or annul any easements, covenants, or other existing agreements be- tween parties, or to repeal any ordinance other than as ex- pressly stated herein, provided Ynaever, 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 spaces or yards , than are imposed or required by other ordinances, rules, or regulations, the provisions of this ordinance shall govern. Section 4. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24b and to be inserted in said Ordinance immediately following Section 24a, the same to read as follows:: 24b. 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 f Ord. 517 r . use of such lot shall conform with this ordinance in every other respect. Section 5. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24c and to be inserted in said Ordinance immediately following Section 24b, the same to read as follows: 24c. 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, 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. Section 6. A new section shall be added to Ordinance N8. 495, the same to be numbered as Section 24d and to be inserted in said Ordinance immediately following Section 24c, the same to read as followsi 24d. It shall be unlawful to construct, erect or locate on any lot in the R-1, R-1&07 R-2 or R-2-0 Districts �. private garages or other accessory buildings, without a permissible main building. Section 7. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24e and to be inserted in said Ordinance immediately following Section 24d, the same to read as follows: 24e. Every private garage building or portion of a main building used for garage purposes excepting in Dis- tricts C-3, C-3-0, M-I-O, or M-2-0 shall be so equipped that r -3- Ord. 517 i the doors when open or being opened will not project be- yond any lot line of the lot on which such building is lo- cated, and when said doors open onto an alley, the wall or portion 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 garages for said main build- ings. Section 8. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24f, and to be inserted in said Ordinance immediately following Section 24e, the same to read as follows: 24f. In the rear yard of a corner lot in any except the C-3, C-3-0, M-1-0, or M-2-0 Districts, no accessory, building and/or structure, or part thereof, shall be established 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 repre- sented by the avenge of the front yard depth of said ad- joining or key lot and the width of the. exteriot side yard on said corner lot. Section 9. A new section shall be added to Ordinance Y' -4- Ord. 517 r No. 495, the same to be numbered as Section 24g, and to be inserted in said Ordinance immediately following Section 24f, the same to read as follows: 24g. 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 connection therewith; nor commerical enterprises, concess- ions, or amusements operated for gain, incidental to such park purpose as may be permitted in accordance with Section 6 hereof. Section 10. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24h, and to be inserted in said Ordinance immediately following Section 24g, tAesame to read as follows: 24h. (1) Buildirg; permissible in the R-1, R-27 R-3, and R-4 Districts are also permissible in the C-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-4 District and the general provision of Section 24 applicable to the R-4 District. (2) In the C-3, C-3-0, M-1-0, and M-2-0 Districts, the front and side yards may be waived for dwellings, apartments, and boarding or lodging houses, erected above the ground -5- Ord. 517 floor of a building when said ground floor is designed exclusively for commercial or industrial pumposes, unless such yard areas or courts are required by State Law or other ordinances of the City of Huntington Beach. t Section 11. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 241, and to be inserted in said Ordinance immediately following Section 24h, the same to read as follows: 241. Yards. No part of a yard provided for any building or structure on any lot for the purpose of com- plying with the provisions of this ordinance, shall be in- cluded or considered as a part of a yard required by this ordinance for any other building or structure on the same lot or an adjacent lot. . Section 12. A new section shall be added to Ordinance 495, the same to be numbered as Section 24j , and to be inser- ted in .said Ordinance immediately following Section 241, the same to read as follows: 24j. 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 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 entrace floor of the building. Stairs from said ianding to the ground may -6- Ord, 517 extend beyond said six. (6) feet. Section 13. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24k, and to be inserted in said Ordinance immediately following Section 24j , the same to read as fd-lows: 24k. In case of buildings,more than one story in height in the R-1, R-1-01 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. Section 14. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 241, and to be inserted in said Ordinance immediately following Section 24k, the same to read as follows: 241. 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 buildings in otherwise permissive locations in the rear one-half of any such lot. Section 15. A new section shall be added to ordinance No. 495, the same to be numbered as Section 24m, and to be inserted in said Ordinance immediately following Section 241, the same to read as follows: 24m. Front yards established by this ordinance shall be varied as follows in determining mimimum front yard re- quirements: (1) The depth of the front yard on any lot between two -7- Ord. 517 r 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 existing front yards. (2) The depth of a front yard on any lot between two adjoining lots on only one of which a front yard is estab- lished by` a building, shall be not less and need not be more than the average of the front yard depth required in the district in which the lot is located and said existing 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 average of the front yard of the adjoining interior lot and the exterior 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 Q-) 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 front- ing on the same street as the interior lots in the same block shall be not less and need not be more than the aver- age of the front yard depth required for the district in' which such corner lot is located and the depth of the exist- ing 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. Ord. 517 (5) Wherever, in any recorded subdivision, the side line of a corner lot is common to the side line of an in- terior lot, causing one end of the corner lot to abut the same street line as the interior lot, then, regardless of which street a building on the corner lot faces, the front yard required for such corner lot shall be measured 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 construed .as to require that the depth of front yard shall exceed 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 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 from the side line of such lot need be considered. Section 16. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24n, and to be inserted in said Ordinance immediately following Section 24m, the same to read as follows: 24n. Side yards on lots under forty (40) feet in width existing prior to the effective date of this or- dinance seed not be more than three (3) feet in width. Section 17. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24o, and to be 1 inserted in said Ordinance immediately following Sedion 24n, -9- Ord, 517 t • the same to read as follows: 24o. 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 there- of shall be located within four (4) feet of the common lot line of such lots. Section 18. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24p, and to be inserted in said Ordinance immediately following Section game 24o, the/.,to read as follows: 24p. Excepting automobiles, trailers, growing plants or nursery stock, lumber and Christmas trees, all goods, wares, merchaidise, produice, and other commodities which are stored or offered for sale or exchange in the C-3 and C-34 Districts shall be housed in buildings unless being trans- ported, provided however that such goods, wares, merchandise, produce and other commodities as are displayed in an entry or recessed entrance of a building shall be considered as being housed in such building. 1 Section 19. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24q, and to be inserted in said Ordinance immediately following Section 24p, the same to read as follows: 24q. Fences, walls, and hedges which are not over six (6) feet in height may be located in yard areas, provided that if located in the front yard of any lot or the exterior side yard of any corner lot they shall not exceed three and 1 - one-half (3*) feet in height, and provided further, that if c� -10- Ord. 517 T the rear yard of a corner lot abuts the side line of an. interior lot, fences, wall, and hedges over three and one- half (31) feet in height shall not ,be permitted in the rear yard of such corner lot, except in locations permiss- ible for accessory buildings in such rear yards. Section 20. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24r, and to be inserted in said Ordinance immediately following Section 24q, the same to read as follows: 24r. Where the rear lot line of a lot abuts and is common to the boundary of a street, alley or public par4 the depth of the rear yard for such lot may be reduced by five (5) feet. Section 21. A new section shall be added to Ordinance No. 495, the same to be numbered as Section 24s, and to be inserted in said Ordinance immediately following Section 24r, the same to read as follows : 24s. Other provisions of this ordinance notwithstand- ing any lot which existed prior to the effective date of 1 this ordinance may be used as a building site for at least one single-family dwelling. Section 22. A new section is hereby added to Ordinance No. 495, the same to be numbered 28a, and to be inserted in said Ordinance immediately following Section 28, the same to read as follows: 28a. This Ordinance may be known and cited as "the Districting Ordinance". 1 -11- Ord. 517 Section 23. 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 effect and be in full force. PASSED AND ADOPTED by the :City Council of the City of Huntington Beach, California, at a regular meeting thereof held on the 6th day of October, 1947. Mayor ATTEST* UCity Clerk. ..Z2_ Ord. 517 STATE OF CALIFORNIA ) County of Orange ss City of Huntington Beach I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and eyaofficio 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 15th day of September, 1947, and was again read to said City Council at a regular meeting thereof held on the 6th day of October, 1947, 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: Greer„ Terry, Langenbgck. Bartlett NOES: Councilmen: None Hawes '`�'".... � ABSENT: Councilmen: City lerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California. r -