HomeMy WebLinkAboutOrdinance #2836 ORDINANCE NO. 2836
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLE 970 AND ADDING
NEW ARTICLE 908 ENTITLED "DEFINITIONS"
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. Article 970 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding hereto new Article 908, entitled "Definitions" .
Said article shall read as follows:
9080 Definitions: Words and phrases wherever used in
this division shall be construed as defined in this article unless
the content clearly indicates otherwise.
When not inconsistent with the context, words used in the present
tense include the future tense; words used in the singular number
include the plural number; and words of the masculine gender
include the feminine and neuter gender. The word "shall" is
always mandatory and the word "may" is permissive.
9080.1 Accessory Building: A detached building on the
same site as a main building, the use of which is incidental to
that of the main building, and which is used exclusively by the
occupants of the main building.
9080.2 Accessory Use: A use customarily incidental and
accessory to the principal use of a lot or a building located upon
the same site.
9080.3 Adult Business: A business as defined in Article
975.
9080.4 Alley: A public or private thoroughfare,
permanently reserved which affords a secondary means of access to
abutting property.
9080.5 Animal Clinic: A place where animals or pets are
given medical or surgical treatment and are cared for during the
time of such treatment. Kennel uses shall be incidental to such
hospital use and limited to short-time boarding for medical
purposes .
9080.6 Antenna, Satellite Dish: An apparatus capable of
receiving communications from a transmitter or transmitter relay
located in planetary orbit.
9080.7 Apartment: A room or suite of two (2) or more
rooms in a multiple family dwelling occupied or suitable as a
residence for one (1) family.
9080.8 Apartment House: A building or portion thereof
designed for or occupied by two (2) or more families living
independently of each other.
9080.9 Arterial: Any street, highway or road designed as
an arterial in the General Plan Circulation Element.
9080. 10 Attached Units: Separate residential or commercial
units sharing one or more common walls but with no common interior
space.
9080.11 Auction: The sale of new and used merchandise
offered to bidders by an auctioneer for compensation.
9080. 12 Automobile Accessory Dealer: An automotive dealer
of a specialized nature who operates on a one day turn-around
basis. This use includes such uses as a muffler shop or
transmission shop, but is not to be confused with minor automobile
repair.
9080. 13 Automobile Repair: A retail and service business
engaged in the following activities:
(a) Minor repair: Light repair and sale of goods and
services for vehicles including brake, muffler, and
tire shops and their accessory uses, but not
including any of the activities listed below as
major repair.
(b) Major repair: Heavy automotive repair including
but not limited to transmission, battery, radiator,
and engine repair or overhaul; welding; turning
brake drums; steam cleaning, body and fender work;
painting.
9080. 14 Automobile Storage Space or Parking Space: A
permanently maintained, privately-owned space on the same site as
the use it is intended to serve and located and arranged to permit
the readily accessible temporary storage of an average size
automobile under its own power. Such space shall be exclusive of
driveways, walks, ramps and columns.
9080. 15 Automobile Storage Yard: A storage yard for motor
vehicles whether impounded or not on any portion of a lot. This
definition shall not include any dismantling, wrecking or repair
or any vehicle.
2.
9080. 16 Automobile Wrecking: The dismantling or wrecking
of motor vehicles or trailers, or the storage, sale or dumping of
dismantled, obsolete or wrecked vehicles or their parts outside of
an enclosed building, but not including the incidental storage of
vehicles in connection with a repair shop provided the storage
period of any one vehicle does not exceed sixty (60) days.
9080.17 Basement: A story partly underground and having at
least one-half its height below the average adjoining grade as
measured from the floor to the finished ceiling. A basement shall
be counted as a story if the vertical distance from the average
adjoining grade to its finished ceiling is over five (5) feet.
9080.18 Bedroom: Any room which meets the minimum
requirements of the building code for a habitable room, which is
constructed in such a manner that less than 50 percent of one wall
is open to an adjacent room or hallway and which can be readily
used for private sleeping purposes shall be counted as a bedroom
in order to determine the parking areas or other requirements.
Exceptions to this definition shall be those rooms which regularly
make up a standard dwelling unit such as one kitchen, living,
family or recreation room and dining room, and the customary
sanitary facilities.
9080.19 Block: The real property abutting the side of a
street between two consecutive cross streets or between a city
limit line and the nearest cross street.
9080.20 Boarding or Rooming House: A building where
lodging and meals are provided for a minimum of six (6) , but not
more than fifteen (15) persons, not including rest homes.
9080.21 Building: Any structure that is completely roofed
and enclosed on all sides or supported by columns and which is
built and maintained for the support, shelter, or enclosure of
persons, animals, chattels, or property of any kind.
9080.22 Building Height: The verticle distance from the
lowest elevation of the ground immediately adjacent to the
building to the highest point of the roof.
9080.23 Building Site: The ground area occupied or to be
occupied by a building together with all yards and open spaces
adjacent thereto.
9080.24 Building, Main: A building in which the principal
use of the lot is conducted. In a residential district, any
dwelling shall be deemed to be a main building.
3 .
9080,25 Business or Commerce: The purchase, sale, or other
transaction involving the handling or disposition of any article,
substance, or commodity .for profit or livelihood; or the ownership
or management of offices, recreational or amusement enterprises;
or the maintenance and use of office by professions and service
trades.
9080.26 Carport: A permanent roofed accessory structure
with not more than two enclosed sides which is intended for
automobile storage for the occupants of the premises.
9080.27 Church: A permanently located building commonly
used for religious worship and conforming to applicable
requirements for design and construction.
9080.28 City: The City of Huntington Beach, California.
9080.29 Clinic: A place used for the care, diagnosis and
treatment of sicker nfirm or injured persons and those in need of
medical or surgical attention, but which does not provide room and
board or permit persons to stay on the premises overnight.
9080.30 Club: A non-profit association for persons who are
bonafide members, and pay regular dues, which is organized for
some common purpose, but not including a group primarily organized
to provide a commercial service or enterprise.
9080.31 Commercial Recreation Use: Any recreational
facility operated as a business and open to the general public.
9080.32 Commercial Vehicle: Any motorized or non-
motorized vehicle used or maintained to transport property for
profit, or persons for hire or compensation
9080.33 Commission: The Huntington Beach Planning
Commission.
9080.34 Compensation: The word "compensation" means
anything of value.
4.
9080.35 Community Apartment Project: A project in which an
individual interest in the land is coupled with the right to
exclusively occupy an individual unit.
9080.36 Condominium: An estate in real property consisting
of an undivided interest in common in a portion of a parcel of
real property together with a separate interest in space in a
residential, commercial, or industrial building on such real
property, such as an apartment, office or store. A condominium
may include a separate interest in other portions of such real
property. The duration of the estate may be an estate of
inheritance or perpetual estate, an estate for life, or an estate
for years such as a leasehold or sub-leasehold.
9080.37 Director: The Director of the Department of
Development Services for the City of Huntington Beach or a duly
authorized representative.
9080.38 Disposal Service Operation: Any area for the
storage and maintenance of vehicles and equipment used in the
collection, transportation, and removal of garbage and rubbish,
but not including storage or dumping of the garbage and rubbish.
9080.39 District: Any classified area shown by specific
designation on the zoning maps which are a part of the Ordinance
Code.
9080.40 Dry Cleaning Agency: A commercial use in which the
cleaning of clothes is incidental to a laundry or coin-operated
dry cleaning service and which uses nonvolatile materials.
9080.41 Dwelling: A building or portion thereof designed
and occupied exclusively for residential purposes including
single-unit and multiple-unit dwellings, but not including hotels
or boarding houses. An individual dwelling unit shall contain
only one kitchen and be designed for occupancy as a unit by one
family for living and sleeping purposes.
9080.42 Dwelling, Multiple Unit: A building or buildings
designed and occupied by two or more families, all living
independently of each other and having separate kitchen and toilet
facilities for each family.
9080.43 Dwelling, Single Unit: A detached building
designed primarily for the use of a single family, no portion of
which is rented as a separate unit.
9080.44 Educational Institution: Any school, college or
university providing general instruction as determined by the
California State Board of Education.
9080.45 Erected: The word "erected" includes built, built
upon, added to, altered, constructed, reconstructed, moved upon,
or any physical operations required prior to building.
5.
9080,46 Equestrian: That which pertains to horses or
horseback riders.
9080.47 Equine: A horse, mule, pony, jackass, and other
quadripeds of the genus equus.
9080.48 Family: Two or more persons living together in a
dwelling unit, sh r nia g common cooking facilities, and possessing
the character of a relatively permanent single bona fide
housekeeping unit in a domestic relationship based upon birth,
marriage, or other domestic bond of social, economic and
psychological commitment to each other, as distinguished from a
group occupying a boardinghouse, club, dormitory, fraternity,
hotel, lodging house, motel, rehabilitation center, rest home or
sorority.
9080.49 Fast-Food Restaurant: Any commercial establishment
serving food or drinks which encourages consumption at home or on
other premises.
9080.50 Final Environmental Evaluation: That point in time
prior to the decision on an entitlement for a project where an
environmental assessment and a recommended action have been
provided to the discretionary body. Dates shall be determined as
follows:
Exempt Projects: Date of application acceptance.
Negative Declaration: Expiration date of the required
posting period.
Environmental Impact Report: The date when public hearings
on the project are concluded.
9080. 51 Game Arcade: Any place of business with more than
four 4 commercially-operated amusement devices.
9080. 52 Garage, private: An accessory building or a
portion of a main building used for the storage of self-propelled
vehicles of not more than one-ton rated capacity and other goods
owned or operated by the occupants of the main building and where
there is no service or storage for compensation.
9080.53 General Plan: The general plan map and text for
Huntington Beach adopted by the City Council.
9080.54 Gross Acreage: The area computed within all of the
exterior property lines of a proposed development including the
area to the center line of any abutting streets.
9080. 55 Gross Site Area: The area computed within the lot
lines of a parcel of land before public streets, easements, or
other areas to be dedicated or reserved for public use have been
deducted.
6.
9080.56 Health Club: A commercial or private health center
providing opportunities for recreational and physical fitness
activities such as, but not limited to, handball, racquetball,
weight training and dance exercises.
9080. 57 Home Occupation: A business use incidental and
secondary to the principal use of a residential dwelling, subject
to the standards outlined in this Division.
9080.58 Horticulture: The science and art of growing
fruits, vegetables, flowers, vines, trees, or field crops for
wholesale purposes.
9080.59 Hospital: An institution for the diagnosis, care
and treatment of human illnesses.
9080.60 Hotel: A building designed for or occupied as a
temporary abiding place for individuals who are lodged with or
without meals in which there are six (6) or more guest rooms and
in which no provision for cooking is made in any individual suite.
9080.61 Junk, Wrecking, Dismantling or Salvage Yards: The
use of one hundred F1_O_OT or more square feet of any parcel of land
for outside storage, wrecking or dismantling of any used
materials, including but not limited to lumber, auto parts,
household appliances, pipe, drums, machinery or furniture.
9080.62 Kennel: A use in which four (4) or more dogs or
cats over four 4 months of age are kept on any lot for any
purpose.
9080.63 Kitchen: Any room or portion thereof containing
facilities designed or used for the preparation of food including
a sink and stove, oven, range and/or hot plate. Kitchen shall not
include a wet bar.
9080.64 Landscaping: The planting and continued
maintenance of suitable plant materials and which includes an
adequate irrigation system.
9080.65 Laundry: A building or portion of a building where
clothing and fabrics are washed.
9080.66 Line of Sight: A visual path emanating from an
average eye level adjudged to be five (5) feet above ground level .
9080.67 Loading Space: An off-street space for the
temporary parking of commercial vehicles while loading or
unloading and which has a permanent means of access.
9080.68 Local Street: A low-speed, low-volume thoroughfare
used primarily for access to abutting residential or other
properties. A local street has on-street parking and a
significant amount of pedestrian traffic.
r-.
7.
9080.69 Lot: Any numbered or lettered parcel shown on a
recorded tract map, a record of survey pursuant to an approved
division of land, or a parcel map. A lot includes any area of
land under one ownership abutting upon at least one street, alley
or recorded easement.
9080.70 Lot Area: See Net Site Area.
9080.71 Lot Depth: The average horizontal distance between
the front and rear lot lines measured in the mean direction of the
side lot lines.
9080.72 Lot Frontage: Lot frontage shall be calculated as
indicated for the following types of lots:
(a) Rectangular lot shall be measured along a line
equidistant to and twenty (20) feet from the front
property line.
(b) Cul-de-sac and knuckle lots shall be measured
twenty (20) feet from the front property line along
a line perpendicular to the bisector of the front
property line.
(c) Cut-de-sac lots siding on another street, channel,
or similar properties shall be measured along a
line perpendicular to the interior side property
line and twenty (20) feet from the front property
line.
9080.73 Lot Line: Any line bounding a lot. "Property
line" means the same as "lot line. "
9080.74 Lot Line, Front: On an interior lot, the front lot
line is the property line abutting the street. On a corner or
reverse corner lot, the front lot line is the shorter property
line abutting a street, except in those cases where the
subdivision or parcel map specified another line as the front lot
line. On a through lot, or a lot with three or more sides
abutting a street, or a corner or reverse corner lot with lot
lines of equal length, the Director shall determine which property
line shall be the front lot line for the purposes of compliance
with yard and setback provisions of this division. On a private
street or easement, the front lot line shall be designed as the
edge of the easement.
9080.75 Lot Line, Interior: A lot line not abutting a
street.
9080.76 Lot Line, Rear: A lot line not abutting a street
which is opposite and most distant from the front lot line; in the
case of an irregularly shaped lot, a line within the lot, having a
length of not less than ten feet. A lot which is bounded on all
sides by streets may have no rear lot lines.
8.
9080. 77 Lot, Reverse Corner: A corner lot, the side line
of which is substantially a continuation of the front lot lines of
the lot to its rear, whether across an alley or not.
9080.78 Lot, Through: A lot having frontage on two
dedicated parallel or approximately parallel streets.
9080.79 Mobile Home/Manufactured Home: A structure
transportable in sections which is a minimum of eight (8) feet in
width, forty (40) feet in length, and which when erected is a
minimum of three hundred twenty (320) square feet, and which is
built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation. Manufactured home
includes a mobile home subject to the National Manufactured
Housing Construction and Safety Act of 1974 (42 U.S.C. , Section
5401, et seq. ) . Any structure not meeting the requirements of
this definition except for size requirements shall be deemed a
mobile home/manufactured home provided the manufacturer
voluntarily files certification and complies with these provisions.
9080.80 Mobile Home Accessory Structure: A subordinate
building located on a mobile home space or lot, the use of which
is incidental to that of the main dwelling.
9080.81 Mobile Home Lot or Space: An improved plot within
a mobile home park which is designated for the occupancy of a
mobile home.
9080.82 Mobile Home Park: Any area or tract of land where
mobile home lots are rented or leased or held out for rent or
lease to accommodate mobile homes used for human habitation. The
rental fee paid shall be deemed to include rental for the lot the
mobile home occupies.
9080.83 Model Home: A dwelling or residential building
intended to be temporarily utilized as an example of the dwellings
which have been or are proposed to be built within the same
subdivision. Such building shall be constructed upon a lot
previously designated as a model home site in the approved site
plan, and in a subdivision for which a final map will be recorded.
9080.84 Motel: A building containing guest rooms designed
or used primarily I—or the accommodation of transient automobile
travelers and which has sleeping rooms with direct outside access
and conveniently located parking spaces. A maximum twenty-five
(25% ) percent of such sleeping units may have kitchens.
9080.85 Motor Vehicle: A self-propelled device used or
intended for the transportation of passengers or freight upon
streets or highways.
9080.86 Maximum Wind Energy Conversion System Height: The
height of the tower and furthest vertical extension of the rotor
measured from grade.
9.
9080.87 Net Site Area: The total horizontal area within
the property lines of a parcel of land exclusive of all
rights-of-way or easements which physically prohibit the surface
use of that portion of the property for other than vehicular
ingress and egress.
9080.88 Nonconforming Building: Any building or structure
or portion thereof which was legal when established, but which now
is in conflict due to the amendment of the provisions applicable
to the district in which it is situated.
9080.89 Nonconforming Parcel: Any lot or parcel which was
legal when created, but which now is in conflict due to the
amendment of the provisions applicable to the district in which it
is situated.
9080.90 Nonconforming Use: Any use of land, buildings or a
portion thereof which was legal when established, but which now is
in conflict due to the amendment of the provisions applicable to
the district in which it is situated.
9080.91 Nontransferable Conditional Use Permit. A
conditional use permit which may not be sold, transferred or
assigned by a permittee, or by operation of law, to any other
person or persons. Any such sale, transfer or assignment, shall
be deemed to constitute a voluntary surrender of such permit and
such permit shall thereafter be null and void; except that if the
permittee is a partnership and one or more of the partners should
die, one or more of the surviving partners may acquire, by
purchase or otherwise, the interest of the deceased partner or
partners without effecting a surrender or termination of such
permit. In such cases, the permit shall be placed in the name of
the surviving partners after notifying the Director of Development
Services. A conditional use permit issued to a corporation shall
be deemed terminated and void when any outstanding stock of the
corporation is sold, transferred or assigned after the issuance of
the permit; or any stock which is authorized but not issued at the
time of permit approval is thereafter issued, sold, transferred or
assigned.
9080.92 Occupancy, Change of: A discontinuance of an
existing use and a substitution of another use of a different kind
or class.
9080.93 Occupied: Includes; used, arranged, converted to,
rented,leased, or intended to be occupied.
9080.94 Open -or Public Land: Public parks, waterways,
school sites, flood or electric line rights-of-way or easements .
10.
9080.95 Open Space: Any part of a lot or parcel
unobstructed from the ground upward, excepting architectural
features extending no more than thirty (30) inches from the
structure and excluding any area of the site devoted to driveways
and other parking areas.
9080.96 Oversize Vehicles: Any vehicle which exceeds
twenty-five (25) feet in length, seven (7) feet ,in width, or seven
(7 ) feet in height, motorized or non-motorized. Oversize vehicles
include, but are not limited to trucks, buses, truck tractors,
trailers, campers, and recreational vehicles, as well as any
equipment or machinery regardless of size.
9080.97 Overspeed Control: A mechanism used to limit the
speed of blade rotation to within the design constraints of the
wind energy conversion system.
9080.98 Person: The word "person" includes association,
company, firm, corporation, partnership, co-partnership or joint '
venture.
9080.99 Permanent Open Space: The phrase shall include
golf courses, park sites, public utility easements and flood
control rights-of-way a minimum of one hundred (100) feet in clear
width; and for the purposes of establishing dancing/live
entertainment or a game arcade, a parking lot or landscaped area a
minimum of two hundred (200) feet in width.
9080.100 Place of Public Assembly: Any place designed for
or used for the gathering of twenty 20) or more persons in one
room where such gathering is of a public nature such as an
assembly hall, church, auditorium, recreation or dance hall,
theater, or amusement enterprise.
9080.101 Planned Residential Development: A residential
development, including statutory and non-statutory condominiums,
cluster housing, townhouses and community apartments, in which
common open space is integrated into the overall development.
Common areas in which each resident has an undivided interest may
include outdoor recreational facilities and assembly buildings
intended for the use of residents within the development.
9080.102 Private Street: A privately owned and maintained
roadway useJ_to provide vehicle access to abutting properties.
9080.103 Recreational Vehicle Park: Any area or tract of
land where one or more lots are rented or leased or held out for
rent or lease for the use of recreational vehicles or tents to be
occupied for temporary purposes. Exclusive occupancy of any site
shall not exceed thirty (30) continuous days, nor one hundred
twenty (120) days in any calendar year.
11.
9080,104 Recreational Vehicle: A travel trailer, pick-up
camper or motorized home with or without a mode of power and
designed for temporary human habitation for travel or recreational
purposes .
9080.105 Recreation Space: Open space used for recreational
uses such as sundecks, balconies and patios; and walkways, tennis
and shuffleboard courts, swimming and boating areas, bridle paths,
playgrounds and playing fields.
9080.106 Rental Unit: A room, bath, and kitchen as a
separate unit.
9080.107 Residence: A building used or intended to be used
as a dwelling place for one or more families.
9080.108 Restaurant: A comprehensive term meaning an eating
house providing service to the general public.
9080. 109 Retail Store: A business of selling goods, wares
and merchandise directly to the ultimate consumer.
9080.110 Service Station: Any lot or portion of a lot used
for the dispensing of motor fuel and/or the servicing of motor
vehicles. Such servicing may include sale of motor fuels and
oils; lubrication; car washing, waxing, and polishing (with no
steam equipment) ; sale and service of tires, tubes, batteries; and
service of auto accessories. Such service shall not include tire
recapping, sale or rebuilding of engines, battery manufacturing or
rebuilding, radiator repair or steam cleaning, body repair,
painting or upholstery.
9080.111 Service Station, Idle: Any service station which
has not been open for business for at least sixty (60) , eight (8)
hour days out of any one hundred eighty (180) consecutive days.
9080.112 School: An institution conducting regular academic
instruction at kindergarten, elementary, secondary or college
levels, operated by a governmental or non-governmental
organization.
9080.113 Setback Line, Front Yard: The line which defines
the depth of the required front yard. Such line shall be parallel
to the property line and removed therefrom by the perpendicular
distance described as the front yard setback.
9080.114 Setback Line, Side or Rear Yard: The line which
defines the width or depth of the required side or rear yard.
Such line shall be parallel to the property line and removed
therefrom by the perpendicular distance described as the side or
rear yard setback.
9080.115 Site: Any legally created parcel of land bounded
by property lines after dedication.
12 .
9080.116 Site Coverage: The building area of all structures
on a site as measured from all exterior building surfaces,
including any patio covers, and any balconies and stairways with
or without support posts. Architectural features such as bay
windows, eaves and fireplaces that do not project more than thirty
(30) inches, and decks that do not exceed more than forty-two (42)
inches in height are excluded.
9080.117 Site Plan: A plan prepared to scale, showing
accurately and with complete mentioning, all of the buildings,
structures and uses and the exact manner of development proposed
for a specific parcel of land.
9080.118 Stable, Commercial: A stable for horses which are
used, hired or boarded on a commercial basis and for compensation.
9080. 119 Stock Cooperative: A corporation formed for the
primary purpose of holding title to, either in fee simple or for a
term of years, any real property where the shareholders of the
corporation receive a right of exclusive occupancy in a portion of
such real property and where the right of occupancy is only
transferable by the transfer of shares of stock in the corporation.
9080.120 Story: That portion of a building included between
the surface of any floor and the surface of the floor next above
it or the finished under surface of the roof directly above it.
9080.121 Street: A public or an approved private
thoroughfare or road easement which affords the principal means of
access to abutting property, not including an alley.
9080.122 Street Line: The boundary line between a street
and abutting property.
9080.123 Structure: A mobile home or anything constructed
or erected, an edifice or building of any kind, or any piece of
work artificially built up or composed with parts joined together
in some definite manner which requires location on or in the
ground, except swimming pools; patios, walks, tennis courts, and
similar paved areas.
9080. 124 Structural Alteration: Any change in or
alterations to the structure of a building involving the bearing
wall, column, beam or ceiling joists, roof rafters, roof
diaphragms, foundations, tiles, retaining walls or similar
components.
9080.125 Structure, Temporary: A structure which is readily
moveable and used or intended to be used for a period not to
exceed ninety (90) consecutive days. Such structure shall be
subject to all applicable property development standards for the
zone district in which it is located.
13 .
9080.126 Temporary Outdoor Event: A temporary use of
property not exceeding an aggregate of twenty-one (21) calendar
days per year, the purpose of which is to conduct a specialized,
short-term event such as an art show, fund-raising events,
amusement attractions, sporting events and rabies clinics. Public
services which benefit the community such as, but not limited to,
bloodmobile or chest x-ray are included in this category. Any
such event if sponsored by a non-profit organization shall be
exempt from the requirements of Article 973 .
9080.127 Ultimate Right-of-Way: The adopted maximum width
for any street, alley or thoroughfare as established by the
General Plan; by a precise plan of street, alley or private street
alignment; b a recorded parcel map; or b a standard plan of the
g Y P P Y
Department of Public Works. Such thoroughfares shall include any
adjacent public easement used as a walkway and/or utility easement.
9080.128 Use: The purpose for which land or a building is
arranged, designed, or intended, or for which it is occupied or
maintained.
9080.129 Wall or Fence: Any structure or device forming a
physical barrier This definition shall include wood, concrete,
concrete block, brick, stone or other masonry material.
9080.130 Warehouse: A building or the use of a building for
storage of goods of any type in any area greater than five hundred
(500) square feet and where no retail operation is conducted.
9080.131 Waterfront Lot: Any lot or portion thereof
abutting navigable vigable waterway such as a bay, cove or channel.
9080. 132 Wet Bar. A fixed installation within a dwelling
unit providing cold and/or hot water to a single sink without a
garbage disposal at a location other than a kitchen or laundry. A
wet bar area shall not inlcude a stove, range, or similar
appliance usually found in a kitchen, and if such wet bar is
located in a room or a portion of a room with a stove, hot plate,
range, oven or other type kitchen facility, it shall be deemed a
separate kitchen.
9080.133 Wind Energy Conversion System: A machine which
converts the kinetic energy of the wind into a usable form of
electrical energy, such as a windmill or turbine.
9080.134 Yard: An open and unoccupied space on a lot on
which a lb iuiu ding is situated and, except where provided in the
Ordinance Code, is completely unobstructed, from the ground to the
sky.
9080. 135 Yard, Front: A yard extending across the full
width of the lot between the side lot lines and between the front
lot line and either the nearest line of the main building or the
nearest line of any enclosed or covered porch. The front lot line
14.
shall be deemed to be the existing nearest right- of-way line of
the abutting street, road or highway, unless a different
right-of-way line for future use shall have been precisely fixed
by formal action of the City Council pursuant to law or ordinance.
9080. 136 Yard, Rear: A yard extending across the full width
of the lot between the side lot lines and measured between the
rear lot line and the nearest rear line of the main building or
the nearest line of any enclosed or covered porch. Where a rear
yard abuts a street it shall meet front yard requirements of the
district.
9080.137 Yard, Side: A yard extending from the front yard
to the rear yard between the side property line and the nearest
line of the main building or any accessory building.
9080.138 Zone: A zoning district as defined in the State
Conservation and Planning Act shown on the official zoning maps
and to which uniform regulations apply.
9080.139 Zoning District Maps: The official zoning maps of
the City of Huntington Beach which are a part of the comprehensive
zoning ordinance.
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,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or
amendments was declared invalid or unconstitutional.
NO FURTHER TEXT ON THIS PAGE
15.
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecution
for violation of ordinances which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
license or penalty of the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance and all rights and obligations
thereunder appertaining shall continue in full force and effect.
SECTION 5. 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 5th
g g g
day of May 1986.
Awl Va.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerkcity' At ney �
REVIEW D APPROVED: INITIATED AND APPRO ED:
ity Administraeor irec o o De elopment
Services
•
16.
Ord No. 2836
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 21st day of April
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 5th day of May 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, Bailey, Green
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beath and ex-officto Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington
Beach independent on
........................: .....
In accordance with the City Charter o; i;iiy.
4%UQA M. WENTWQRTH
.................................... .......................Clty Clerk
f, dy Gty C(erk