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HomeMy WebLinkAboutOrdinance #2830 ORDINANCE NO. 2830 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 901, 902, 905, 906 AND 982 AND ADDING THERETO NEW ARTICLE 902 AND ARTICLE 906 RELATED TO "GENERAL INFORMATION AND APPLICATION" OF DIVISION 9. The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Articles 901, 902, 905, 906 and 982 are hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding hereto new Article 902 and Article 906 related to "General Information and Application" of Division 9 to read as follows: 9020 Purpose The zoning ordinance for the City of Huntington Beach is established to implement the objectives of the General Plan. It is further adopted for the purpose of promoting and protecting the public health, safety, and general welfare of Huntington Beach residents and to provide the physical, economic and social advantages which result from a comprehensive and orderly planned use of land resources. 9021 Application. (a) Scope. The provisions of these zoning regulations shall apply to all properties located within the city boundaries and to those areas the city chooses to designate outside of the incorporated city limits, but within the city' s adopted sphere of influence. (b) District Maps. The location and boundaries of the various zoning districts shall be delineated on the zoning maps, including an index map and sectional district maps of the City. They are adopted in their entirety as Article 906 of this ordinance. (c) District Boundaries. Boundaries of the zoning districts shall be made by ordinance adopting or amending the District Maps. It is the intent, wherever feasible, to place zoning boundaries on or following property lines and/or streets. Where uncertainty exists as to the specific district boundary the following rules shall apply: 1 ( 1) Where such boundaries are indicated as approximately following street or lot lines, such lines shall be construed to be the boundaries. (2) Where a district boundary divides a lot, the location of such boundary, unless indicated by dimensions, shall be determined by the scale appearing on the map. ( 3) Where a public street or alley is officially vacated or abandoned, the area shall acquire the classification of the property to which it reverts . (4) Where uncertainty remains as to a district boundary line, the City Council shall interpret and determine the boundary upon written request.. (d) Special Standards Depicted on District Maps. The requirements for lot size, lot width, setbacks, and density may be established as different from those set forth in the district regulations if designated on the sectional district maps as outlined below. ( 1) Minimum Parcel Size. A numerical suffix to the district symbol which is greater than one hundred ( 100) shall designate the minimum parcel size in square feet. A numerical prefix to the district symbol which is less than one hundred ( 100) shall designate the minimum parcel size in acres. (2 ) Minimum Parcel Frontage. A numerical prefix to the district symbol w ich is connected by a hyphen shall designate the minimum lot width in feet. ( 3) Setbacks. Special setback requirements may be indicated on the district maps which may show the dimensions of such required setbacks. (4) Maximum Density/Intensity. A numerical suffix to the district symbol which is in parenthesis shall designate the maximum number of units per gross acre for the site. ( e) Annexations/Pre-Zoning. Unincorporated territory adjacent to the City may be prezoned for the purpose of determining the zone district which will apply in the event of annexation to the City. The procedure for prezoning property shall be the same as that for zone changes within the City. Such zoning shall become effective at the time the annexation becomes effective. Any property which, after annexation or for any other reason, does not have a designation on the zoning map shall be deemed to be zoned Rl, Single Family Residential. 2 . ( f) Enforcement. ( 1) It shall be the duty of the Director to enforce the provisions of the Ordinance Code. Officials and public employees of the City of Huntington Beach shall not issue permits or licenses for structures or uses which are in conflict with the provisions of this code. Any such permits or licenses issued in conflict with this code shall be deemed null and void. ( 2) Any person violating the provisions of the Ordinance Code shall be guilty of a misdemeanor. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which the violation is committed, and upon conviction shall be punishable by a fine of up to five hundred (WO) dollars or by imprisonment for up to six (6) months in the Orange County jail or in Huntington Beach jail, or by both fine and imprisonment. (3) In addition to the penalties stated above, any condition permitted to exist in violation shall be deemed a public nuisance and may be summarily abated by the City. Any building or structure erected, placed, altered or enlarged contrary to the provisions of the Ordinance Code; and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of the Ordinance Code is hereby declared to be unlawful and a public nuisance. Upon direction, the City Attorney shall immediately commence proceedings for the abatement, removal and enjoinment of the violation and shall seek court action to abate and remove such building or structure, and restrain and enjoin any person from using or maintaining any property contrary to these provisions. 9060 Zone Districts. In order to classify, regulate, restrict and segregate the uses of land and buildings; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and open space; and to regulate population density; the following zone classifications and their abbreviations are established: RA Residential Agriculture R1 Single Family Residential R2 Medium Density Residential R3 Medium-High Density Residential R4 High Density Residential OT Oldtown TL Townlot 3 . MH Mobile Homes -PD Planned Development suffix -MFH Manufactured Home suffix -SR Senior Residential suiffix R5 Office Professional C1 Neighborhood' Commercial C2 Community Business C4 Highway Commercial VSC Visitor-Serving Commercial Ml-A Restricted Manufacturing M1 Light Industrial M2 Industrial SP-1, SP-2 Special Zone - Cemeteries LU Limited Use ROS Recreational Open Space S1 Shoreline CC Coastal Conservation WR Water Recreation FP Floodplain -CZ Coastal Zone suffix -0, -01 Oil Suffix -CD Civic District suffix CF Community Facilities -MS Multi-story suffix 0 Qualified classification S. 9061 DISTRICT MAPS. The index map and sectional district maps (DM 1 through DM 40) follow as the official zoning maps of the City of Huntington Beach. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clauses, phrases or portions, or amendments be declared invalid or unconstitutional . SECTION 4. The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 5. The adoption of this ordinance shall not affect the validity of any zone change or district map heretofore adopted, and such zone changes and district maps shall continue in full force and effect. SECTION 6. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington beach at a regular meeting thereof held on the 21st day of April , 1986. L'A Va. w.—(Z— � Mayor ATTEST: APPROVED AS TO FORM: i City Glerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrat r )01ector f evelopment Services 5. Ord. No. 2830 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 7th day of April 19 86 , and was again read to said City Council at a regular meeting thereof held on the 21st day of April 19 86 , 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, Mandic, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: Bailey City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California t, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-offido Clerk of the City Council, do hereby certify ti:at a synopsis of this ordinance has been publish;,d in the Huntington Beach h ependent on Mf _........................ Linaccordal.,:.: vs;th the y Lhai-c o AUCIA hL .WENTWORTHcity ciGi............... «... . ........ Deputy City Clerk