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HomeMy WebLinkAboutOrdinance #1673 ORDINANCE NO . 1673 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 970 , ENTITLED "DEFINITIONS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Article 970 , entitled "Definitions" to read as follows : 9700 . DEFINITIONS . Words and phrases whenever used in this division shall be construed as defined in this article unless from the context a different meaning is intended and more particularly directed to the use of such words and phrases . 9700 . 1 . Words beginning with the letter "A" shall have the following definitions . (1) ACCESSORY . A detached structure, building, or portion of either, the use and maintenance of which is subordinate and purely incidental to that of the main building or main use of the land and which is located on the same lot therewith . ( 2) APARTMENT. A room or suite of two or more rooms which is designed or intended for use and/or occupancy by only one family which may do its own cooking in said room or suite . (3) AUTOMOBILE ACCESSORY DEALER. An automotive dealer of a specialized nature who operates on a one-day, turn-around basis . The intent of this definition is to include a specialty shop such as a muffler shop, a transmission shop , and so forth . This definition is not to be confused with the definition of minor automobile repair . (4) AUTOMOBILE PARKING SPACE, AUTOMOBILE STORAGE SPACE, OR GARAGE SPACE. A permanently maintained, privately-owned space of not less than 144 square feet in area, accessible to and usable by an average size automobile under its own power for temporary, off-street parking or storage thereof. Said automobile storage space , whether or not located with- in a building, shall be exclusive of driveways , walks , ramps , -1- columns , and areas devoted to other purposes than the storage or parking of automobiles . (5) AUTOMOBILE REPAIR shall mean and include the follow- ing (a) Minor Repairs shall mean tire changing and repairing (excluding recapping and retreading) ; battery charging and re- placement; radiator cleaning and flushing (excluding steam cleaning) ; lubricating; servicing and replacing of brake cy- linders and brake shoes; wheel balancing; testing, adjusting and installing carburetors , coils , condensers , fan belts, distributor caps, smog control devices, filters, generators, points rotors, spark plugs , voltage regulators , water and fuel pumps, water hoses and wiring; and similar minor repairs . (b ) Major Repairs shall mean painting, body and fender work, steam cleaning, welding, tire recapping, radiator re- pair and rebuilding, turning brake drums , battery repairing and rebuilding; engine repairing, overhauling or replacing, transmission and differential repairs or replacing, and other similar major automotive repairs . 9700 . 2 . words beginning with the letter "B" shall have the following definitions : (1) BLOCK. All the real property abutting one side of a street between the end of said street of a city limit line and the nearest cross street , or between two consecutive cross streets . (2) BUILDING. A structure, having a roof supported by columns or walls for the support, housing, shelter and/or enclosure of any person, animal, or chattel; and when any por- tion thereof is separated from every other portion thereof by a masonry wall, without openings, extending from the ground to the upper surface of the roof, then such portion may be deemed a separate building. (3) BUILDING HEIGHT. The vertical 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 the ridge of a gable, hip, or gambrel roof. (4) BUILDING SITE. The ground area occupied or to be occupied by a buiilding or buildings together with all the 2 . yards and open spaces required by applicable provisions of Division 9 . (5) BUNGALOW COURT . A group of three or more detached or semidetached one-family or two-family dwellings located upon a single lot 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 . 9700 . 3 . Words beginning with the letter "C" shall have the following definitions : (1) CAMP CAR, MOTOR HOME, CAMPER OR TENT TRAILER. A vehicle with or without motive power, which is designed or used for temporary recreational human habitation. (2) COMMISSION. The Planning Commission of this city . 9700 . 4 . Words beginning with the letter "D" shall have the following definitions : (1) DISTRICT . Any area or areas , similarly classified whether contiguous or not , and shown by specific and similar designations on the maps which are a part of applicable pro- visions of Division 9 . (2) DWELLINGS . A building, having only one kitchen, used or designed or intended for use of occupancy by not more than one family as living quarters . ( 3 ) 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. (4 ) 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 three or more families living independently of each other, but not including automobile camps , automobile courts , or hotels . 9700 . 6 . Words beginning with the letter "F" shall have the following definitions : (1) FAMILY . A family is defined as a person or collec- tive body of persons , excluding servants , related by blood, -3- marriage or legal adoption living together in a dwelling unit . Family is also defined as a group of five (5) persons or less , excluding servants , who need not be related by blood, marriage or legal adoption living together in a dwelling unit . In no case shall the number of unrelated persons combined with re- lated persons exceed five (5) EXCEPT as provided in Section 9730 . 26 . 2(a) of this code . 9700 .7 . Words beginning with the letter "G" shall have the following definitions : (1) 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 than one ton rated capacity , owned or operated by occupants of the main building and including usable space and convenient ingress and egress thereto . (2) GROSS ACREAGE . The area computed by including all property within property lines of a proposed development , except when such property lines abut a street in which case such area shall be computed from the center line of such street . 9700 . 8 . Words beginning with the letter "H" shall have the following definitions : (1) HOTEL. A building or portion thereof, containing six (6) or more guest rooms designed, arranged, intended to be used, let or hired out to be occupied, whether the compensation for hire be paid directly or indirectly in money , goods , wares merchandise, labor or otherwise , and in which no provision is made for cooking in any individual guest room or suite , but is used as the more or less temporary abode of individuals . Jails , prisons , hospitals , asylums , sanitariums , orphanages , detention homes and similar buildings where human beings are housed and detained under legal restraint shall not be classified as hotels . 9700 . 10 . Words beginning with the letter "J" shall have the following definitions : (1) JUNK YARD. A junk yard shall mean the use of any lot or any portion of a lot for the storage or keeping of junk, including scrap metal or other scrap materials . Said yard may include all uses permitted in a motor vehicle dismantling or wrecking yard. 9700 . 12 . Words beginning with the letter "L" shall have the following definitions : -4- (1) LANDSCAPING. Landscaping shall include the planting and continued maintenance of vegetation. Said vege- tation shall be limited to ferns , flowers , grasses , mosses , shrubs , trees and vines . (2) 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 applies only to the parcel so marked, or any area of land under one ownership abutting upon at least one street , alley or recorded easement . 9700 . 13 . Words beginning with the letter "M" shall have the following definitions : (1) MOBILEHOME. A vehicle without motive power and without a permanent foundation, that may be drawn by a motor vehicle and used as permanent housing and which complies with the provisions of the State of California's Health and Safety Code , Division 13 . (2) MOBILEHOME ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure located on a mobilehome space or lot , the use of which is customarily incidental to that of the main mobilehome . (3 ) MOBILEHOME OR TRAVEL TRAILER LOT OR SPACE. An improved plot within a mobilehome park or travel trailer park which is designated or used for the occupancy of a mobilehome or travel trailer. (4) MOBILEHOME PARK. An improved area or tract of land where mobilehome spaces or lots are rented or leased or held out for rent or lease to accommodate mobilehomes used for one stop-over exceeding thirty (30 ) consecutive days . (5) MOTEL . A building or group of buildings de- signed for the accommodation of transient automobile travelers in sleeping units which have a direct outside entrance and conveniently located parking spaces on the same lot . Said sleeping units may have kitchens or kitchenettes up to a maxi- mum of twenty-five (25) percent of the total number of sleeping units . (6 ) MOTOR VEHICLE DISMANTLING OR WRECKING YARD . A motor vehicle dismantling or wrecking yard shall mean the use of any lot or any portion of a lot for dismantling, disassembly , or demolishing motor vehicles . This definition shall not be construed to allow storage of motor vehicles , whether impounded or not , nor as a yard for the storage of scrap metals , scrap materials or junk. -5- (7) MOTOR VEHICLE STORAGE YARD. A motor vehicle storage yard shall mean the use of any lot or any portion of a lot for the storage of motor vehicles , whether impounded or not . This definition shall not be construed to include dis- mantling, wrecking, repairing or altering of any vehicle . 9700 . 14 . Words beginning with the letter "N" shall have the following definitions : (1) NONCONFORMING BUILDING. Any building or struc- ture or portion thereof which does not conform to the pro- visions of the Huntington Beach Ordinance Code and which law- fully existed at the time the provisions with which it does not conform became effective . (2) NONCONFORMING LOT OR PARCEL. Any lot or par- cel whose area, width or other dimensions do not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . (3) NONCONFORMING USE. Any use of land, buildings , structures or portions thereof which does not conform to the provisions of the Huntington Beach Ordinance Code and which lawfully existed at the time the provisions with which it does not conform became effective . 9700 . 15 . Words beginning with the letter "0" shall have the following definitions : ( 1) OPEN OR PUBLIC LAND. Open or public land shall include parks dedicated or proposed to be dedicated for public use , school sites, areas set aside for school sites , easements or rights of way for electrical transmission lines , or areas set aside for water uses or flood control channels . 9700 . 16 . Words beginning with the letters "P" and "Q" shall have the following definitions : ( 1) PARALLEL PARKING . Parking which is immediately adjacent to and parallel to the edge of a private or public roadway or driveway . (2 ) PLANNED RESIDENTIAL DEVELOPMENT. A land develop- ment designed and developed as a unit for individual ownership of dwelling units or sites or air space rights in the area occu- pied by said dwelling units , with normal accessory residential uses , and permanently maintained common property with each resident having an undivided interest in the common area for use as parks , waterways, golf courses , or other recreation areas that are integrated with the dwelling units for the sole enjoyment of residents within the development . -6- 9700. 17. Words beginning with the letter "S" shall have the following definitions : (1) SERVICE STATION shall mean any retail business which offers for sale petroleum products , automobile accessories and replacement parts; and includes among its services automobile washing by hand, waxing and polishing. (2) STRUCTURE . Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to the ground or attached to something having a fixed location on the ground. 9700 . 18 . Words beginning with the letter "T" shall have the following definitions : (1) TRAILER COURT. Any area of land, improved or unimproved, which is designed to accommodate two or more trailers , house trailers , movable dwellings , tents , sleeping quarters , or outfits, or which is used, let or held out for rent to campers , tenants , or guests furnishing their own equip- ment and paying directly for said space or indirectly through trade or labor. This definition shall also apply to "trailer park, " "trailer camp, " and to similar uses known by various designations . (2) TRAVEL TRAILER. A vehicle other than a motor vehicle which is designed or used for temporary human habi- tation, and for travel or recreational purposes , which does not at any time exceed eight ( 8) feet in width and forty (40) feet in length and which may be moved upon a public highway without a special permit or chauffeur' s license, without vio- lating any provision of the state Vehicle Code . (3) TRAVEL TRAILER PARK. An improved camping or vacationing area or tract of land where one or more spaces or lots are rented or held out for rent to accommodate travel trailers , campers , camp cars or motor homes used for one stop- over not to exceed thirty ( 30) consecutive days , and is then removed. 9700 . 19 . Words beginning with the letter "U" shall have the following definitions : (1) USE. The purpose for which land or a building or structure is designed, arranged, or intended or for which it is , or in the future may be, occupied or maintained. (2) UTILITY TRAILER. A vehicle, other than a motor vehicle, which is drawn by a motor vehicle and use to carry, or capable of carrying property on its own structure . 7 • 9700. 21. Words beginning with the letter "W" shall have the following definitions : (1) WATERFRONT LOT . Any lot or portion thereof abut- ting a navigable waterway such as a bay, cove or channel. 9700 . 22 . Words beginning with the letters "X, " "Y, " and "Z" shall have the following definitions : (1) YARD. An open space on a lot on which a building is situated and, except as otherwise provided in applicable pro- visions of Division 9, is unoccupied or unobstructed with buildings , structures, or portions thereof from the earth to the sky . When a yard dimension is given, it shall represent the minimum horizontal distance to be measured between the face of any structure and a line parallel with a lot line. (a) Front Yard. A yard across the full width of the lot and extending from the front lot line to a line par- allel thereto which .passes through the nearest portion of the main building which is closest to said front lot line, except those projections of a main building permitted in a front yard by Sections 9771, 9772 and 9772 . 1. b Rear Yard. A r extending ( ) yard e tend n across the full g width of the lot and measured between the rear lot line of the lot and the nearest rear portion of the main building which is closest to said rear l,ot line, except as provided in Sections 9771, 9772 and 9772 . 1. (c ) Side Yard. 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 build- ings , 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 Sections 9771, 9772 • and 9772 . 1. SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Hunt- ington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 1st 8 . day of November, 1971. Mayor ATTEST: C7,-, c City erk APPROVED AS TO FORM: City Attorn y 9 . Ord. N,o. 1673 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of October 19__Zl , and was again read to said City Council at a regular meeting thereof held on the 1st day of November , 19_ZL_, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs , Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Green City Clerk and x-officio Clerk of the City Council of the City 1, PAUL C. JONES, ''I7Y CLERK of the City of of Huntington Beach, California NUnnneton Beach anr' of the City Council. ' her.,by cerfiiv '4, t,-is .r inance has been pu�l:<=hed in the Hunti veto:" 8rarh News on . �'.. i9.2/. In ac:::or ante with the City :::barter of said City. kAUL C. JONES —City Clerk Deputy City Clerk