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HomeMy WebLinkAboutOrdinance #2641 ORDINANCE NO. 2610 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 962 AND ADDING A NEW SECTION SP-2 PERTAINING TO SPECIAL ZONE (PET CEMETERY) The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is amended by amending Article 962 to read as follows : ARTICLE 962 SP-1, SP-2 SPECIAL ZONES 9620 SPECIAL ZONES ESTABLISHED 9621 SPECIAL ZONES, REQUIREMENTS AND LIMITATIONS 9621. 1 SP-1 Special Zone (Cemetery) 9621. 2 Uses Permitted 9622. 1 SP-2 Special Zone (Pet Cemetery) 9622. 2 Uses Permitted 9620 SPECIAL ZONES ESTABLISHED. There are hereby established the following Special Zones : SP-1 Special Zone (Cemetery) SP-2 Special Zone (Pet Cemetery) 9621 SPECIAL ZONES, REQUIREMENTS AND LIMITATIONS. Property classified in the zones enumerated in Section 9620 hereof shall be strictly limited to the uses hereinafter enumerated and set forth in this Article . No property shall be rezoned to any of the zones enumerated in Section 9620 unless the written consent or request of the owner or owners is filed with the City Planning Commission, except that in the case of SP-1 Special Zone (Cemetery) property may be reclassified to said zone provided that such property has been dedicated for cemetery purposes by a corporation holding a valid certificate of Cemetery Authority issued by the State of California and whose principal place of business is within the City of Huntington Beach. If deemed necessary, the city may initiate a zone change to SP-2 Special Zone (Pet Cemetery) to preserve a pet cemetery use within Huntington Beach. A minimum lot size of at least 2. 5 acres is required before an SP-2 zone can be placed on any property. ADL:ps 1. 7/15/83 i The zones enumerated in Section 9620 of this Code are established due to special circumstances and conditions, and if at any time the owner or owners of property in said zones file a request, the City Planning Commission shall immediately undertake investigation and study toward the rezoning of said property to an appropriate zone within the Comprehensive General Plan. All sections of the Huntington Beach Ordinance Code that provide for a transition from one zone to another, or provide for special permission due to the proximity of property zoned for a heavier use, shall not apply to property in zones enumerated in Section 9620. Zones enumerated in Section 9620 shall be considered Special Zones, restricted as to use, and no use shall be permitted in the zones enumerated in Section 9620 except those uses specifically enumerated in this Code . All yards shall be measured either from the existing property line , the ultimate right-of-way line as adopted on the Master Plan of Arterial Streets and Highways and any amendments thereto, or any precise plan of a street and/or alley alignment, whichever measure- ments may be greater. 9621. 1 SP-1 Special Zone (Cemetery) . No person shall cause to be buried or interred the body or remains of a human being, any place within the City of Huntington Beach not classified in the SP-1 Special Zone (Cemetery) . 9621 . 2 Uses Permitted. The following uses only are permitted in the SP-1 Special Zone (Cemetery) : (a) Burial of bodies, ashes, or remains of dead human beings below the ground, including placement or erection of markers, headstones or monuments over such places of burial. (b) Entrance features, including gates, fountains, statuary and the like, provided the main portion of the entrance features are located at least ten (10 ) feet from any public street. (c) Business or administration offices, flower shops, mortuaries and chapels upon the following conditions : 1 . Any such building or structure shall be at least ten ( 10 ) feet from any public street and five ( 5) feet from any adjacent property line. 2. No such building or structure shall exceed thirty ( 30 ) feet in height. 2. 3. All required areas between such buildings or structures and a public street and any adjacent property line, except for walkways, parking areas or driveways, shall be landscaped and permanently maintained. (d) The necessary maintenance facilities including lath houses, greenhouses, warehouses, repair shops and the like upon the following conditions: 1. Any such building or structure shall be at least twenty ( 20 ) feet from any public street and five ( 5) feet from any adjacent property line. 2. No such building or stucture shall exceed one (1 ) story in height. 3. All required areas between such buildings or structures and a public street and any adjacent property line, except for walkways, parking spaces or driveways, shall be landscaped and permanently maintained. (e ) Crematory, upon the following conditions: 1. Such building or structure shall be at least fifty ( 50 ) feet from any public street and any adjacent property line . 2. No such building or structure shall exceed fifteen (15 ) feet in height. (f ) Mausoleums, columbariums or other like buildings or structures for interment of human remains, upon the following conditions : 1. Any such building or structure less than twenty ( 20 ) feet in height shall be at least three (3 ) feet from any public street and five ( 5) feet from any adjacent property line. 2. Any such building or structure from twenty ( 20 ) feet to forty ( 40 ) feet in height shall be at least fifty ( 50 ) feet from any public street and fifty ( 50 ) feet from any adjacent property line. 3. No such building or structure shall exceed forty (40 ) feet in height. 4. All areas between such buildings or structures and a public street and any adjacent property line except for walkways, parking spaces and driveways, shall be landscaped and permanently maintained. Provided, however, if such areas are used for off- street parking of automobiles there shall be a strip of land not less than five (5 ) feet in width surrounding such off-street 3. parking areas, except for walkways and driveways, which shall be landscaped and permanently maintained. (g ) All property within a cemetery shall be enclosed with a fence or wall provided: 1. No solid portion of any wall or fence adjacent to any property line shall exceed six (6 ) feet in height. 2. No open mesh type wire fence or iron work shall exceed ten ( 10 ) feet in height except as may be part of an entrance feature and within fifty ( 50 ) feet of such entrance. 3. Any space greater than one (1 ) foot between a public street and a solid wall or fence shall be landscaped and permanently maintained. 9622. 1 SP-2 Special Zone (Pet Cemetery)_. 9622 . 2 Uses Permitted. The following uses only are per- mitted in the SP-2 Special Zone (Pet Cemetery) subject to the issuance of a conditional use permit pursuant to the provisions of Article 984: (a) Burial of dead animals, ashes or remains of dead animals below the ground, including placement or erection of markers, headstones or monuments over such places of burial. (b) Entrance features, including gates, fountains, statuary and the like , provided the main portion of the entrance features are located at least ten (10 ) feet from any public street. (c ) Business or administration offices and flower shops, mortuaries and chapels upon the following conditions: 1. Any such building or structure shall be at least ten ( 10) feet from any public street and ten ( 10 ) feet from any adjacent property line. 2. No such building or structure shall exceed twenty ( 20) feet or one (1 ) story in height. 3. All required area between such buildings or structures and a public street and any adjacent property line, except for walkways, parking areas or driveways, shall be landscaped and permanently maintained. (d ) The necessary maintenance facilities including lath houses, greenhouses, warehouses, and repair shops upon the following conditions : 4. 1. Any such building or structure shall be at least twenty ( 20 ) feet from any public street and ten (10 ) feet from any adjacent property line . 2. No such building or structure shall exceed fifteen (15 ) feet or one (1 ) story in height. I 3. All required areas between such buildings or structures and a public street and any adjacent property line, except for walkways, parking spaces or driveways, shall be landscaped and permanently maintained. e Cremator upon the following ( ) y, p e ollo ing conditions: 1. Such buildings or structures shall be at least fifty ( 50 ) feet from any public street and any adjacent property line. 2. No such building or structure shall exceed fifteen ( 15 ) j feet or one ( 1 ) story in height and must meet all applicable county, state and federal air quality control standards. (f ) Mausoleums, columbariums or other like buildings or structures for interment of animal remains, upon the following conditions: 1. Any such building or structure shall be at least twenty ( 20 ) feet from any public street and ten ( 10 ) feet from any adjacent property line . 2. No such building or structure shall exceed twenty (20 ) feet or one (1 ) story in height. 3. All areas between such buildings or structures and a public street and except for walkways, parking spaces and drive- ways, shall be landscaped and permanently maintained. Provided, however, if such areas are used for off-street parking of auto- mobiles there shall be a strip of land not less than five ( 5 ) feet in width surrounding such off-street parking areas, except for walkways and driveways, which shall be landscaped and permanently maintained. (g) All property within a pet cemetery shall be enclosed with a fence or wall provided: 1. No solid portion of any wall or fence adjacent to any property line shall exceed six ( 6 ) feet in height. 2. No open mesh type wire fence or iron work shall exceed ten ( 10 ) feet in height except as may be part of an entrance feature and within fifty ( 50 ) feet of such entrance . 5. 3. Any area between a public street and a solid wall or fence shall be landscaped and permanently maintained. SECTION 2. This ordinance shall take effect thirty days after adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of September , 1983. ATTEST: APPROVED AS TO FORM: City Clerk (��^j City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: r � City Administrator irector of Development Services 6. Ord. No. 2641 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified 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 6th day of September 19 83 , and was again read to said City Council at a regular meeting thereof held on the 19th day of September 19 83 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Finley, Bailey NOES: Councilmen: None ABSENT: Councilmen: Pattinson ABSTAIN: Thomas, Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I. Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-ofticio Clerk of the City Council, do hereby eertity that a synops;s of this ordinance ras been published in the Uluntington Beach ln:'e^e• ent _rn in accwr xrce with the City Gf„., of said City. ALICIA M. WENTWORTH JI City Clerk -------•- _.... ................................... .. . BeputY Clty Clerk 3s.