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HomeMy WebLinkAboutNS-455 OKDI~ANCM NO....~NS-~ ~4~NOING AND RMMi~ACTING CHAPTER 2 OF ARTICLE IX OF THE SAN~i~A ANA MUNICIPAL COOE PROVIOING LAND USE REGULATIONS FOR SAN~A ANA WHEREAS, the Planning Commission of the City of Santa Ana, after extensive study, numerous conferences with organizations and ~roups of citizens, agreed upon the tentative provisions of new Land Use Regulations for the City of Santa Ana, reproduced such Regulations and made them available for study by interested citizens of the City; and WHEREAS, thereafter said Planning Commission regularly held public hearing on notice on the question of adopting an Ordinance putting into effect said Land Use Regulations and recommended to the City Council that said amending Ordinance be adopted; and WHEREAS, the City Council regularly held a public hearing on notice as required by law and after said hearing did find that the public interest, necessity and general welfare require the amendment as recommended by the Planning Commission. NOW, ~£HEREFORE, THE CIndY COUNCIL OF 'i'HE CI~fY OF SAN%~A ANA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 2 of Article IX of the Santa Ana :~lunicipal code is hereby amended to read as follows: -1- PART I - ~ .CTIOL 9210. Definitions. O~n~ral. The words and phrases, v~henever used in ~his Chapter, shall ce construed as defined in %he follor~n8 Sections~ unless from the context a differ~n~ meaning is intended or unless a different meanin8 is sp~cificallydefined and more par- ticularly directed to the use of such ~ords or phrases. The ~ords used in the present t~nse imcl~de the ~future tense, and ~ords in the singular n~mber include the plural m~b~r. $.~CTIOi' ~210.1~ f'.~':cessory ,~uildinq. A subordSr~a%.s buildin,~, the use of w~,.Lch is clearly incidental and second- ary to that of t.,~ ~ain building, on the same lot or parcel of land, which is used exclusively ~,y the occupant of the malt. building. ~CTIOM 9210.2. A3.1ey. Ar~ oublic or private thorou.lhfare for the use of oedestrians or vehicles, not less than ten (10) feet nor more than thirty (30) feet in ~id[h, andwhich affords curly a secondary me-~ns of access to a,hutting pronerties, q'CTIO:7 9210.3. Aparbmsn%o One or mor~ rooms in an apartment house or d~.vellin% occupied or intended or designed for occupancy by one (1) famJly for sleeping or living purposes and containing one (1) kit~,¢~ .... SECTION 9210.4, Apartment, Bachelor. One or more rooms in an apartment house or dwelling occupied or intended or designed for occupancy by one (1) family fcraleeping or living purposes and containing not more then one (1) kitchen and utility room, one (1) sleeping room, one (1) bathroom and incidental closet space. ~ECTION 7210.5. Apartment House. A building other than a hotel or mot~l, designed for or used to house three or more families, living independently of each other, including all necessary employees of such families. SECTION 9210.6. Auto Park or Market. ~* Open land area used for the storage and sale of complete and operative auto- m~biles, new or used. . S CTION 9210.7. Automobile House Trailer Camp Car. Any building or structure with or ~ithout motive power designed for living purposes or the conduct of any business, profession, occupation, or trade, and containing plumbing, heating, or electrical equipment and designed so that it is, or may be, mounted on wheels for traveling on public thoroughfares. SECTION 9210.8. Basement or Cellar. That portion of a building between floor and ceiling which is partly below and partly above grade. SECTION 9210.9. Boarding House. A building where lodging and meals are provided for compensation for not less than three (3) and not more than ten (10) persons, but shall not include rest homes or convalescent homes. -2- &EOTION 9210.10. Building. Any structure buil~ for the support, shelter or enclosure of persons, ani- mals, chattels, or property of any kind. SECT/ON 9210.11. Building Height. The vertical distance measured from the curb level to the highest point of the roof surface. SECTION 9210.12. Building, ~in. The principle building on a lot or building site designed or used to accom- modate the prlmaryuse to which such area is devoted; where a permissible use involves more than one structure designed or used f~r the same primary purpos% as in the case of group houses, each ~uch permissible building on one lot as defined by this Chapter shall be considered a main building. SECTION 9210.13~ 51ilding Site. The ground area of a building or group of buildings together with all yard and open spaces as required by this Chapter. SECTION 9210.14. Bungalow Court - Group Houses. A group of three (3) ormore detached one-story, one- or two- family dwell- ings located upon a single lot together with all yard and open spaces as required by this Chapter. SECTION 9210.15. Business or Commerce. The purchase, sale or other transaction involving the frequent and regular handlmng or dmspesmt~on of any artmcle, substanc% servmce or ¢orm.od~t_¥ for profit or l~v~l~hood, or;th~ o-'r~r~hi..w or m,n~.z~r'~nt of offzc~ ~ild~n..,, ,~xc~s, recre- ational ~r ~mscm~nt cnterf.rJs.~;, or th~ m intones ~nd usc of offices by members of SECTION 9210.16. Cabana. Any portable, demountable or permanent cabin, small house, room, enclosure, or other building erected, constructed or placed to be used in conjunction with any automooile house trailer or camp car, SECTION 9210.17. CarPort. A permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile shelter. SECTION 9210.18. Club - Fraternity - Lodge. An association of persons for some non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. SECTION 9210.1~. Convalescent Home. A home in which nursing, dieting or other personal services are furnished to convalescents, invalids and aged persons, but in which are kept no persons suffering from a mental sickness, disease, disorder or ailment, or from a con- tagious disease, and in which is performed no surgery, maternity or other pri- mary treatment such as is customarily provided in sanitariums or hospitals, or in which no persons are kept or served who normally woul~ be admitted to a mental hospital. -3- SECTION 9210.20. District. A portion of the City within which certain uses of land and buildings are permitted or prohibited and withinwhich certain yards and other open spaces are required and certain height limits are established, and certain off-street park- ing areas are required, all as set forth and specified in this Chapter concern- ing Districts and the modification thereof by suffix or prefix. SECTION 9210.21. Dwelling, One-Family. A building containing only one (1) kitchen, designed for or used to house not more than one (1) family, including all necessary employees of such family. SECTION 9210.22. Dwelling, Two-Family. A building containing not more than t~o (2) kitchens designed or used to house two (2) families living independently of each other, including all nec- essary employees of such families. SECTION 9210.23. DwellinE, ~ltiple-Family. (See Apartment House). SECTION 9210.24. Family. One (1) person living alone or two or more persons living together as a single housekeeping unit. SECTION 9210.25. Garage, Private. An accessory building or portion of a main building, enclosed on three (3) or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupant of the main building. SECTION 9210.26. Garage, Public. A building, other than a private garage, used for the storage, care, repair or equipping of motor vehicles. SECTION 9210.27. Gross Floor Area. The floor area included within the surrounding walls of a building, exclu- sive of vent shafts. SECTION 9210.28. Guest House. Living quarters within an accessory building for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the main building, and'having no kitchen facilities and not rented or otherwise used as a dwelling unit. SECTION 9210.29. Home Occupation. An occupation conducted within a main or accessory building by the occupant of the dwelling as a secondary use, provided that there is no advertising, no display, no stock in trade, no commodity sold on the premises, no person employed and no mechanical equipment utilizing more than one horsepower per unit of equipment except such mechanical equipment as is necessary for housekeeping purposes, and which does not alter the character of the dwelling, as a dwelling. SECTION 9210.30. Hospital. Any institution, place, building or agency which maintains and operates organ- ized facilities for the diagnosis, care and treatment of human illness, including convalescence and including care during and after pregnancy or which maintains and operates organized facilities for any such purpose and to which persons may be ad- mitted for overnight stay or longer. Hospital includes nursing home and maternity home.' SECTION 9210.31. Hospital, Mental. ~"~,e bospit..i). S~CTION 9210.32. Hospital, Animal. An establishment in which veterinarian services are rendered to dogs, cats and other small animals and domestic pets. SECTION 9210.33. Hotel. A buildinginwhich there are six or more sleeping rooms where lodging with or without meals is provided for compensation and where no provision is made for cooking in any individual room or suite. Hotel does not include Jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes, rest homes and similar buildings where human beings are housed. SECTION 9210.34. Institution. An establishment maintained and operated for the purpose of providing char- itable, social, educational, madical, or s~m~lar services. SECTION 9210.35. Junk Yards - Automobile V~recking Yards. Any space of two hundred (200) square feet or more of the area of ar~ lot used for the business of storage, sale, keeping or abandonment of Junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or parts thereof. SECTION 9210.36. Kennel. An~ lot, building, structure, enclosure, premise or place, whereon or wherein, three (3) er more dogs are kept or maintained for the purpose of breeding, training, raising, boarding or as pets. SECTION 9210.37. Kitchen. Any room or space used or intended or designed to be used for cooking or the preparation of food. SECTION 9210.38. Loading Space. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a co~nercial vehicle in order to load or unload merchandise or material, and which abuts upon a street, alley or other appropriate means of access. SECTION 9210.39. Lodging House (See Boarding House). SECTION 9210.40. Lot. A parcel of real property shown en an approved Final Subdivision Map or Record of Survey Map or a recorded parcel described by metes and bounds. SECTION 9210.41. Lot Coverage. The amount of lot area stated in terms of percentage that is covered by all buildings or structures located thereon. ~nis shall be considered to include all buildings, porches, breezeways, patio roofs, eaves, awnings and the like whether box type, lathe roof, or fully roofed, but shall not be considered to include fences, walls, swimming pools, or hedges used as fences. SECTION 9210.42. Lot Line, Front. The boundary line between a street and abutting property and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street. SECTION 9210.43. Lot Line, Rear. A lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trape- zoidal lot, or of a lot the rear of which is formed by two or more lines, the following shall apply: (a) For a triangular or gore-shaped lot a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be considered the rear lot line; or (b) In the case of a trapezoidal lot the rear line of Which is not par- allel to the front lot line, the rear lot line s~al~ be considered to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or (c) In the case of a pentagonal lot the rear boundary of which includes an angle fo,ed by two lines, such angle shall be employed for deter- mining the rear lot line in the same manner as prescribed for a tri- angular lot. SECTION 9210.44. Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line, SECTION 9210.45. Lot V{idth. The distance between the side lot lines measured at right angles to the lot depth line at a point midway between the front and rear lot lines. SECTION 9210.46. Lot Depth. The horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line. SECTION 9210.47. Lot Area. The total land area within the property lines of a lot. SECTION 9210.48. Lot, Corner. A lot situated at the intersection of two (2) or more streets having an angle of intersection of not more than one hundred thirty-five (135) degrees. SECTION 9210.49. Lot, Reversed Corner. A corner lot, the rear of which abuts the side lot line of another lot. SECTION 9210.50. Lot, Interior. A lot other than a corner lot. SECTION 9210.51. Lot, Key. The first interior lot to the rear of a reversed corner lot. ~ECTION 9210.52. Lot, Through. A lot having frontage on two streets (a corner lot, having frontage on two parallel, or approximately parallel streets, or two streets, the center lines of which, if projected, would not make an angle of more than thirty (30) degrees). SECTION 9210.53. ~otel. A group of attached or detached buildings containing individual sleeping or living units where a majority of such uni~s open individuallyand directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, for the temporary use by autamobile tourists or tran- sients, and such shall include auto courts and motor lodges. SECTION 9210.54. Nonconforming Use. Any use, whether of a building, other structure, lot or tract of land, which does not conform to the use regulations of this Chapter for the District in which such "nonconforming use" is located, either at the effective date of this Chapter or as a result of a subsequent amendment which may be incorporated into this Chapter. SECTION 9210.55. Nonconforming Building. A building or structure or portion thereof that does not conform to the height and area regulations of the zone in which it is located either at the effective date of this Chapter or as a result of a subsequent amendment which may be incorporated into this Chapter. SECTION 9210.56. Nursery, Day. A place where five (5) or more children are left for care part of the t~en~y-foux. (24) hours of the day. SECTION 9210.57. Nursery, School. A public or private agency engaged in educa~i hal activity r~ith preschool chil- dren ~-,~ho' are not necessarily in need of supplemental parental care. SECTION 9210.58. Parking Area, Public. An open area other than a street or alley used for the perking of automo- biles and available for public use whether free, for compensation, or as an accommodation for clients or customers. SECTION 9210.59. Parking Space. Space within a public or private parking area or a building, exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one automobile. SECTION 9210.60. Property Owner. The person owning the fee title, or the person in whose name the legal title to the property appears, by deed, duly recorded in the office of the County Re- corder of Orange County or the person in possession of the property under claim of, or exercising acts of ownership over the same property for himself as ex- ecutor, administrator, or guardian of the property. SECTION 9210.61. Residence (See Dwelling). SECTION 9210.62. Rest Home (See Convalescent Home). SECTION 9210.63. Rooming House (See Hoarding House). SECTION 9210.64. Sanitarium (See Hospital). SECTION 9210.65. Service Station. A filling station which supplies motor fuel and oil to motor vehicles in- cluding grease racks or elevators and providing minor tire and battery servicing and sale of motor vehicle accessories. SECTION 9210.66. Setback Line -- Future Right-of-Wa$. Line. The line between which line and a street line no structure shall project, be erected, or placed. -7- SECTION 9210.67. Story. That portion of a building included between the upper surface of ar~ floor and the upper surface of the floor next above, except that th~ topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, If the finished floor level di- rectly above a basement or cellar is more than six (6) feet above grade such basement or cellar shall be considered a story. SECTION 9210.68. Street. A public thoroughfare including public roads or highways which affords prin- ciple means of access to abutting Property. SECTION 9210.69. Street Line. The boundary line between a street and abutting property. SECTION 9210.70. Structure. Anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground, including signs and billboards, but not including fences or walls used as fences, six (6) feet in height or less. SECTION 9210.71. Structural Alteration. Any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joists, roof Joists, rafters, or changes in roof or exterior lines. SECTION 9210.72. Trailer Park or Camp. Any place, area, or tract of land upon which is located any trailer or camp car, but not including a location where a camp car or trailer is not inhabited. SECTION 9210.73. Use. The purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained. SECTION 9210.74. Yard. An open space other than a court on a lot unoccupied and unobstructed from the ground upward. SECTION 9210.75. Yard, Front. A yard extending across the full widthof the lot, the depth of which is the distance between the front lot line and the main wall of the building. SECTION 9210.76. Yard, Rear. A yard extending across the fullwidth of the lot between the most rear main building and the rear lot line. The depth of the required rear yard shall be measured from the nearest point df the rea~ lot line towardthe dearest main wall of the building. SECTION 9210.77. Yard, Side. A yard, between a main building and the side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured from the nearest point of the side lot line toward the nearest main wall of the building. PART .~ - ESTABLISHME~ OF LAND USE DISTRICTS SECTION 9220. Land Use Districts Established. In order to carry out the purpose and provisions of this Chapter, the City of Santa Aha is hereby divided into the following Districts: A1 - General Agricultural District RE - Residential-Estate District Ri - Single-Family Residence District R2 - Limited Nultiple-Family Residence District R3 - Medium-Density Multiple-Family Residence District R3H - Hea~y-Density ~,Iultiple-Family Residence District P - Professional District CD - Civic Development District C1 - Community Commercial C2 - General Commercial C3 - Central Business District C4 - Planned Shopping Center District C5 - Arterial CommerCial District ~1 - Light Industrial District }72 - Heavy Industrial District L}~ - Limited Manufacturing District CM - Commercial-Manufacturing District SECTION 9221. Nodification of Land Use Districts. The above stated Land Use Districts may be modified byappending to the District classification B, which n~y ~tlow ?ropertios ~ithin the District so modified to b~ used exclusively for p~rk~n~ ~s'~escri~d in %¢ti~n 924~ ~ ~a this ~h~er. n. Fmrther, the above stated Land Use District Regulations may be modified by a~pending to the classification a number before and after said classification. Such number appendages shall be indicated on the Sectional District Map and shall designate the lot width and lot area. The number pre- 4ceeding the District classification shall establish the minimum lot width and the number following the District classification shall establish the minimum lot area. The aforesaid Land Use Districts shall be indicated on the sheets which comprise the official Sectional District Maps of the City of Santa Aha. SECTION 9222. District Boundary Changes, Changes in the boundaries of ar~District shall be made by ordinance adopting an amended Sectional District Map, which said amended map when so adopted shall be published by reference in the manner prescribed by law and shall become a part of this Chapter. SECTION 9223. Uncertainty of Boundaries. ~,~ere uncertainty exists as to the boundaries of any District shown on said Sectional District Map the following rules shall apply: (a) ¥~ere such boundaries are indicated as approximately following street and alley lines or lot lim~s, such lines shall be construed to be such boundaries. (b) Where a District boundary divides a lot, the location of such boundary, unless the same is in- dicated by dimensions shall be determined by use of the scale ap- pearing on such Sectional District Map. SECTTON 9223. Uncertainty of Boundaries. (Contd.) ¢c) %~here a public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. The boundaries of such Districts as are shown upon the Sectional District Maps adopted by this Chapter are hereby adopted and approved, and the regula- tions of this Chapter governing the use of land and buildings, the height of buildings, the size of yards about buildings and other matters as herein set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every District shown upon each Sectional District Map. SECTION 9224. Establishment of Land Use Classifications of Properties Outside the Incorporated Area. The City may prezone certain contiguous areas which in the opinion of the Planning Commission or Oity Council bears a relationship to its planning. Any District so established shall prevail if and when areas contained within such District are annexed to the City. For this purpose prezoning maps may be developed, adopted and amended as prescribed in Part V of this Chapter. SECTION 9225. Zoning Status of Annexed Property. If a prezoning map of properties outside the incorporated area has been adopted in the manner prescribed .by ordinance, any territory upon becoming a part of the City shall possess the classification indicated on the detailed pre- zoning map, and such portions of the Brezoning map shall become a part of the City Zoning [~ap and thereafter be subject to all of the provisions of this Chapter. If a prezoning map for an area has not been adopted, then such area shall, upon annexation, be considered to be classified A1 until reclassified in the manner prescribed by Part V of this Chapter. SECTION 9226. General Restrictions. Except as hereinafter provided: (a) No building shall be erected, reconstructed or structurally altered except in conformance to the provisions contained herein; nor shall any building or land be used for any purpose other than that which is permitted in the District or modified District in which such building or land is located. (b) No building shall be erected, reconstructed or structurally altered to exceed the height or size limit herein established for the District or modified District in v~ich such building is located. (c) No lot area shall be so reduced or d~mtnished that at, yard area or other open spaces shall be smaller than prescribed by this Chapter. (d) No yard or other open space provided about any building for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other building; provided further that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. (e) Every building hereafter erected shall be located on a lot created in conformance with the subdivision regulations and in no case shall there be more than one dwelling or other principal structure on one lot except as provided herein. SECTION 9226. Oeneral Restrictions. (Contd.) ~enever any land or building is devoted to a use of a more restricted classification than that permitted in the District or modified District where located, such act shall constitute a waiver of an~ right to claim that any use cf buildings or land near, or adjacent thereto, constitute a nuisance in any manner different from that which would be a nuisance if such use were of the least restricted classification permitted in such Districts. PART III - L~ND USE DISTRICT REGULATIONS SECTION 9230. A1 (General Agricultural District). SECTION 9230.1. uses Permitted. (a) Farming - Including all types of crop agriculture and horticulture, grazing, kennels (in accordance with Santa Ana Municipal Code, Part I, Chapter 1, Article 4, and amendments thereto) and small animal farms, and similar types of farming: Except: (1) Hog and commercial livestock feeding ranches (reference subsection g-7). (2) Farms, operated publicly or privately for the disposal of garbage, sewage, rubbish or offal. (b) Parks, playgrounds, and recreation buildings of a public or quasi-public character, golf courses, country clubs and other similar uses. (c) Accessory buildings, structures and uses, including one (1) unlighted bulletin board, or sign, not exceeding an aggregate area of twenty (20) square feet, bearing official notices only, or pertaining only t~ the sale of agricul- tural, or farm products grown, or principle products or principle services ren- dered upon the premises or advertising only the lease, hire or sale of the par- ticular property upon which displayed. (d) Temporary stands for the sale of agricultural or farming products grown or produced on the premises, shall be permitted as accessory uses upon the following conditions: (1) V~en placed for a period of more than ninety (90) days plans shall be submitted to and approved by the Planning Commission, (2) The floor area of such stand shall not exceed one humored (100) square feet. (3) The owner shall remove such stand at his expense when not in use. (4) The stand shall not ha located closer than twenty (20) feet from any public right-of-way. (e) One single-family dwelling, detached guest home and employees quarters, all of a permanent character. (f) Home occupations, offices, and studios, when conducted within the dwelling by occupants thereof, provided that not more than one (1) sign, unlighted and not exceeding twelve (12) square feet in area is displayed in connection therewith. (g) The following additional uses, subject to the issuance of an approved Conditional Use P~rmit as prescribed in Part V of this Chapter. (1) Public utility buildings and structures, including electric distri- bution and transmission substations. (2) Cemeteries, mausoleums, and crematories. (3) Mining, quarrying, and other earth extraction industries. (4) Com~ercial or public airports and landing fields. (%) Private airplane landing fields. (6) Commercial dairies having he rds of more than five (5) head. (7) Livestock and hog feeding ranches. (8) Private stables and riding academies. (9) Feed mills. (10) Packing plants for whole agricultural products. (11) Commercial egg production, candling and sales; commercial production of poultry, pigeons and other fowl. Commercial production of these products if produced, raised or fathened on the prelmises, provided that any poultry, pigeon or rabbit enclosures, and slaughtering building or place, be at least fifty (50) feet from arV existing dwelling or milk handlin~ facility of a dairy. (12) ae Apiaries, upon the following conditions: No occupied hives be closer than one hundred fifty (150) feet to any street or highway right-of-way. b. No occupied hives be closer than four hundred (400) feet to an~ existing dwelling, on the premises or the premises of another apiary. c~ No occupied hives be closer than fifty (50) feet to any property line cen, ken to other property lines other than property lines of another apiary. (13) Churches, public institutions, public and parochial schools and colleges and hospitals. (14) Temporary directional signs. (15) Trailer park or camp. SECTION 9230.2. Building Height. No structure shall exceed three (3) stories or forty-five (45) feet. SECTION 9230.3. Front Yard. There shall be a front yard of not less than twenty-five (25) feet. SECTION 9230.4. Side Yard. There ~hall be a side yard of not less than six (6) feet. On a corner lot the side yard on the street side shall be not less than ten (10) feet. SECTION 9230.5. Rear Yard. There shall be a rear yard of not less than twenty-fiv~ (25) feet. SECTION 9230.6 Off-Street Parking. Off-sbreet parking shall be provided in the manner ~' . o. prescribed in Part IV cf this Chapter. SECTION 9230.20. RE (Residential-Estate District). SECTION 9230.21. Uses Permitted. (a) One (1) single-family dwelling of a permanent character placed in a permanent locatione In addition to the single-familydwelling, there may be one (1) permanent guest house for each building site. (b) Private green houses and horticulture collections for domestic, non- commercial use, flower and vegetable gardens, fruit trees or ar~ agricultural crops. (c) Accessory buildings. (d) One (1) unlighted sign not exceeding six (6) square feet in area, pertaining only to the sale, lease or hire of the particular building, property or premise on which displayed. No other advertising sign, structure or device of ar~ character shall be permitted. (e) One (1) temporary real estate office devoted to the sale of real estate in the tract in which located for a period of time not to exceed one (1) year. (f) The following additional uses subject to the issuance of an approved Conditional Use Permit as prescribed in Part V of this Chapter. (1) Churches and accessory church buildings. (2) Public grade schools, colleges and universities which m~y include - dormitories, libraries, museums, university union buildings and ar~ galleries when owned and operated by governmental agencies or the university. (3) Private schools and colleges except said private schools and colleges shall not include trade schools operated as commercial enterprises. (4) Parks and playgrounds not operated for commercial purposes. (5) Public utility buildings and structures including electric distri- bution and transmission substations. (6) Golf courses specifically excluding miniature and pitch and putt golf courses and driving ranges. (7) Fire Station. (8) Temporary directional signs. SECTION 9230.22. Building Height. No structure shall exceed two (2) stories or thirty-five (35) feet. SECTION 9230.23. Front Yard. There shell be a front yard of not less then twenty-five (25) feet. SECTION 9230.24~ Side Yard. Each side yard shall be ten (10) percent of the average lot width, provided, however, that the maximum side yard required under this provision need not exceed twenty (20) feet. On corner lots the side yard on the street side shall be not less than tan (10) feet. SECTION 9230.25. Rear Yard. There shell be a rear yard of not less than t~enty-five (25) feet. SECTION 9230.26. Off-Street Parking. Off-street parking shall be provided in the manner prescribed in Part IV of this Chapter. SECTION 9230.40, R1 (Single-Family Residence District). SECTION 9230.41. Uses Permitted. (a) If on April 20, 1939, there did exist on the rear half of a lot a one- family dwelling, then an additional one-fsmily dwelling may b · erected on the front half of such lot, whereon the dwelling upon the rear half shall assume the status of a nonconforming building, and provided that this provision shall not apply to an~ lot considered substandard under the provisions of the Municipal Code. (b) One (1) single-family dwelling including private garages. (c) Private green houses and horticulture collections for domestic non- commercial use, flower and vegetable gardens, fruit trees or ar~ agricultural crop. (d) One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, for a period of time not to exceed one (1) year. (e) One (1) unlighted sign not exceeding six (6) square feet in area per- raining only to the sale, lease or hire of the particular building, property or premises upon which displayed. No other advertiSing signs, structures or devices of any character shall be permitted. (f) Accessory Buildings. (g) Maintaining mail address for commercial and business license purposes only, provided there is no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no prOfessional equipment, apparatus or business equipment or trucks kept or stored on the premises, no person, employee, or assistant in connection therewith engaged for services on the premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. (h) The following additional uses subject to the issuance of an approved Conditional Use Permit as prescribed in Part V of this Chapter. (1) Churches and accessor7 church buildings. (2) Public schools~ colleges and universities which may include on the campus - dormitories, libraries, museums, university union buildings and art galleries, which are owned and operated by the university. ~rivate schools and colleges except said. private schools, and colla~es shall not include trade schools, bus.ness colleges, or private schools operated as commercial enterprises. (4) Parks and playgrounds not operated for commercial purposes. (5) Public buildings and public utility buildim~s and structures, including electric distribution a~ transmission substations. (6) Colf courses, excluding miniature golf course, pitch and putt course and driving range. (7) Fire station. (8) Day nursery, nursery school. (9) Rest homes and convalescent homes. (10) Temporary directional signs. SECTION 9230.42. Building Height. No structure shall exceed two (2) stories or thirty-five (35) feet in height. SECTION 9230.43. Front Yard. There shall he a front yard of not lees than twenty (20) feet. SECTION 9230.44. Side Yard. There shall be a side yard of not less than four (4) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet. SECTION 9230.45. Rear Yard. There shall be a rear yard of not less than twenty (20) feet. SECTION 9230.46. Off-Street Parking. Off-street parking shall be provided in the manner in Part IV of this Chapter. prescribed SECTION 9230.60. R2 (Limited ~.~ultiple-Fsmily Residence District). SECTION 9230.61. Uses Permitted. (a) Ail uses unconditionally permitted in the Ri District. (b) Two-family dwelling. (Duplex) (c) Two single-family dwellings. The units may be erected as detached buildings or connected by a carport or breezeway provided all requirements of the R2 District are complied with for both buildings. The distance between detached dwellings shall be not less than fifteen (15) feet. (d) The following uses subject to the issuance of an approved Conditional Use Permit. (1) Any use conditionally permitted in the Ri District (2) Trailer parks and camps. (3) Public Buildings and structures. SECTION 9230.62. Building Height. No structure shall exceed two (2) stories or thirty-five (35) feet. SECTION 9230.63. Front Yard. There shall be a front yard of not less than twenty (20) feet. SECTION 9230.64. Side Yard. There shall be a side yard of not less than three (3) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet. S~CT'ION 9230.65. Rear Yard. There shall be a rear yard of not less than ton SECTION 9230.66. Off-Street Parking. Off-street parking ahall be provided in the manner Part IV of this Chapter. (10) feet. prescribed in SECTION 9230.80. R3 (Medium-Density ~ultiple-Family Residence District). SECTION 9230.81. Uses Permitted. <a) Ail uses unconditionally per~itted in the Ri and 1{2 Districts. (b) Multiple-familydwellings and apartments of a permanent character placed in permanent locations. (c) Boarding houses or rooming houses accomodating not less than three (3) nor more than ten (10) roomers or boarders in addition to the family occupying such dwelling. (d) Fraternities or sororities. (e) Day nurseries or licensed homes for children when there is provided on the lot or adjacent to the premises a play lot completely fenced and containing not less than fifty (50) square feet of area for each child. (f) Accessory buildings. (g) The following uses subject to the issuance of an approved conditional use permit as prescribed in Part V of this Chapter. (1) Bungalow courts. (2) Clubs. (3) Sanitariums and hospitals. (4) Institutions supported by charity. (5) Any use com~itionally permitted in the Ri and R2 Districts. SECTION 9230.82. Minimum Gross Floor Area. The following uses shall be subject to the following minimum square feet of gross floor area per unit, exclusive of garages, carports and open porches: (a) Bachelor apartment: Three hundred (300) square feet. (b) One-bedroom apartment: Five hundred (500) square feet. (c) Two-bedroom or more apartment: Seven hundred fifty (750) square feet. SECTION 9230.83. Building Height. No structure shall exceed four (4) stories or seventy (70) feet over the entire building site exclusive of required yard space, provided that two (2) additional stories, which do not exceed thirty-five (35) feet additional height, may be erected for each five (5) feet such additional stories are setback from all exterior wall lines of the ground floor. SECTION 9230.84. Minimum Lot Area Per Dwelling Unit. (a) Bachelor and one-bedroom apartments: Not less than one thousand (1000) square feet of lot area per dwelling unit. (b) Two (2) or more bedroom apartments: Not less than twelve hundred (1200) square feet of lot area per dwelling unit if the total lot area is twenty-four thousand (24,000) square feet or less. Not less than one thousand three hundred fifty (1350) square feet of lot area per dwelling unit if the total lot area is twenty-four thousand one (24,001)~ square feet or more, but forty thousand five hundred (40,500) square feet or less. Not less than one.thousand five hundred (15OO) square feet of lot area per dwelling unit if the total lot area is forty thousand five hundred and one (40,501) square feet or more. SECTION 9230.85. Front Yard. There shall be a front yard of not less than twenty (20) feet. SECTION 9230.86. Side Yard. There shall be a side yard of not less than three (3) feet. On corner lots the side yard on the street side shall be net less than ten (10) feet. SECTION 9230.87. Rear Yard. There shall be a rear yard of not less than ten (10) feet. SECTION 9230.88. Off-Street Parking. Off-street parking shall be provided in the manner .' prescribed in Part IV of this Chapter. SECTION 9230.100. R3H (High-Density Multiple-Family Residence District). SECTION 9230.101. Uses Permitted. (a) Ail uses uncondi~onally permitted in the Ri and R2 Districts. (b) Ail uses permitted in the R3 District except that multiple-family dwellings and apartments shall be Subject to the restrictions and limitations set forth in the R3H District. (c) The following uses subject to the issuance of an approved Conditional Use Permit: ~1) Hotels. (2) Motels. (3) Ar5, use conditionally permit~d in the R3 District. SECTION 9230.102. Minimma Gross Floor Area Per Dwelling Unit. (a) feet. (b) (c) Bachelor apartment with sleeping room only: Three hundred (300) square One-bedroom apartment: Five hundred (500) square feet. Two-bedroom or more apartment: Seven hundred fifty (750) square feet. SECTION 9230.103. Building Height. No structure shall exceed four (4) stories or seventy (70) feet over entire building site exclusive of required yard space, provided that two (2) additional stories which do not exceed thirty-five (35) feet additional height, may be erected for each five (5) feet such additional stories are set back from all ex- terior wall lines of the ground floor. SECTION 9230.104. Minimum Lot Area Per Dwelling Unit. There shall be one thousand (1000) square feet of lot area per dwelling unit erected thereon. SECTION 9230.105. Front Yard. There shall be a front yard of not less than ten (10) feet. SECTION 9230.106. Side Yard. There shall be a side yard of not less than three (3) feet. On a corner lot the side yard on the street side shall be not less than ten (10) feet. SECTION 9230.107. Rear Yard. There shall be a rear yard of not less than ten (10) feet. SECTION 9230.10% Off-Street Parking. Off-street parking shall be provided in the manner Part IV of this Chapter. prescribed in -17- SECTION 9230.140. P (Professional District). SECTION 9230.~41. Uses Permitted. (a) Ail uses permitted in the Ri, R2 and R3H Districts, but under the same restrictions and limitations as specified in Sections governing same. (b) The following professional uses: (1) Accountant. (2) Attorney. (3) Doctor, dentist, optometrists, chiropractor, and others practicing the healing arts for h-man beings. (4) Engineer, architect, and planner. (5) Insurance broker and real estate agent. (6) Professional photographer not engaged in the sale of photographic equipment and smpplies. (7) Business offices where no merchandise is sold nor are more obnoxious or detrimental to the welfare of the community than the uses herein enumerated. (8) Hospitals and clinics but excluding mental hospitals. (c) The following signs: (1) Nameplates with defined background not exceeding one (1) foot by three (3) feet and with letters or other symbols not exceeding four (4) square inches each signifying the name of the occupant and his specialty. (2) One (1) doubleface sign not to exceed twelve (12) s~are feet per side~ or two (2) single face signs not to exceed twelve (12) square feet per side, pertainin~ to the rental of multiple dwellings, clubs, lodges, and similar permitted uses, or for the sale or lease of the premises. (3) One (1) single face sign per building ~ite, not exceeding twenty (20) square feet in area~ for any use permitted under Paragraph b of this Section pertaining to the business conducted on the premises. (d) Parking of motor vehicles in connection with any professional use or for private parking except that no cars either new or used shall be stored for sale or offered for sale or parked when such car bears signs, words, or figures indicating that the same may be for sale, and no hydrocarbon substance or other property of any kindmay~oe sold in said District and no automobile serviced or repaired in said District. SECTION 9230.142. Building Height. No structure shall exceed four (4) stories or seventy (70) feet over entire building site exclusive of required yard space, provided that two (2) additional stories which do exceed thirty-five (35) feet additional height, may be erected for each five (5) feet such additional stories are setback fron ~11 cxt~riorwall lines of the ground floor. SECTION 9230.1h3. Front Yard. There shall be a front yard of not less than Fifteen (15) feet. SECTION 9230.144. Side Yard. There shall be a side yard of not less than three (3) feet. On corner lots the side yard on the street side shall be not less than ten (10) feet. SECTION 9230.145. Rear Yard. There shall be a rear yard of not less than ten (10) feet. SECTION 9230.1~6. Off-Street Parking. Off-street parking shall be provided in the manner in Part IV of this Chapter. prescribed SECTION 923Oe160. CD (Civic Development District). SECTION 9230.161. Purpose. The Civic Development District is hereby authorized and may be established by the City Council for the purpose of encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of struc- tures and grounds in order that the most appropriate use and value thereof be deter- mined and protected and that the public health, safety and general welfare be SECTION 9230.162. Ubs Permitted. (a) Official and public uses of property and related activities such as Civic Center buildings, auditoriums, and similar public structures. (b) Ail uses permitted in the P District provided multiple family dwellings and apartments shall be subject to Section 9230.102, and Section 9230.104 of the R3H District. (c) Accessory commercial uses in conjunction with the above provided that such uses shall be traditionally incidental to and secondary to uses permitted in paragraphs (a) and (b) of this Section. SECTION 9230.163. Submission of Development Pl.ans. Architectural Review. (a) .lny application for permit for a building or structure in the CD District shall be accompanied by architectural dra~vings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or struc- ture, off-street parking and other physical features such as tre~s, hydrants, poles~ etc., and said plans shall be filed with the Planning Department. (b) Upon receipt of said application by the Planning Department the same shall be referred to the Planning Commission who shall consider said plans in an endeavor to provide that such buildings or structures and grounds be in keeping with the neighborhood and such as not to be detrimental to the harmonious development of the City or to impair the desirability of investment or occupation in the neighborhood. In event the applicant is not satisfied ~ith the action of the Planning Commission, he may, within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days. (c) The Planning Commission may, upon approval of the City Council, establish an ~rchitectural Review Committee, which sh~ll include a minimum of six (6) members consisting of the Directors of Planning, Building and Safety, Public ~?orks, at least one (1) licensed architect, one (1) building contractor and one (1) realtor. Ail members other than the aforementioned three city officials shall be a~pointed by the Planning Connission. Said committee shall review said plans, sketches and elevations, and recommend to the Commission approval or disapproval of the same. Ail approvals shall be based on standards of good architectural design. Such stan- dards shall be entitled "Drawings and Illustrated Architectural Standards for properties in the C D (Civic ~evelopmen~) District". Said standards shall be approved by the Planning Commission and City Co~ncil prior to their use by the Architectural Review Committee, and shall be on file in the Departments of Planning and Building and Safety. Furthermore the "Drawings and Illustrated Architectural Standards" shall show desirable architectural standards but are not designs which must be copied in order to secure approval of plans. (d) If the aforementioned ~rchitectural Review Committee has been established, %be Planning Comm4ssion shall not render a decision approving or disapproving the apDlication until a written recommendation has been filed ~ith the Commission from said Committee. Said written recommendation by the ~rchitectural Review Committee shall be submitted to the Flanning Commission within seven (7) days from initial receipt of said application by the Planning Department unless it is deemed necessary by the Committee that an extension of time is necessary to review said application. The extension of time shall be mutually agreed upon by the applicant and the Committee. In no case shall said extension of time be f$r a period to exceed thirty (30) days from initial receipt of the application. (e) No permit shall be issued in any case hereinabove mentioned until such drawings and sketches have been approved by the Planning Commission or by the Cit~ Council in the event of appeal from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drav~ings, sketches and recommended modifications imposed by the Corz~ission or 'Council~ SECTION 9230.164. Yards, Building height, Off-Street Parking~ The same as permitted in the C3 District, except us may be modified by the Plarming Commission and City Council in their approval of plans, sketches and elevations as provided in Section 9230.143 of this District. SECTION 9230.165. Sign Regulations. The same as permitted in the C1 District except as may be modified by the Planning Co~nission and City Council in their approval of plans, sketches and elevations as provided in Section 9230.1&3 of this District. SECTION 9230.1~O. C1 (Community Comm~ercial District). SECTION 9230.181. Uses Permitted. (a) Administrative and professional offices. (b) Any wholly retail store, trade or service but excluding sheet metal shops, body-fender works, automobile paint shop, repair garages, and any activity which includesthe prOcessing, ~reatment, manufacturing, assembling, or compounding, of any product other than that which is clearly and traditionally incidental and essential to a particular retail activity. (c) Other retail or service uses including but not limited to the following: (1) Automobile parking lots and parking garages. (2)Automobile sales lots, both new and used but excluding trailers, boats and tractors (semi-trucks). (3) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (4) Clubs, fraternal organizations and unions. (5) Hospitals, clinics, sa~itariums, including animal hospitals. (6) ~gotels and hotels. (7) Nurseries. (8) Outdoor recreational facilities excluding circuses and carnivals. (9) Public buildings and public utility structures including electric distribution ar~ transmissions substations. (10) Restaurants, ca,es, cocktail lounges and drive-in eating establishments. (11) Schools and studios operated for cor~ercial and public purposes. (12) Dwelling units when erected above the ground floor of a commercial structure when the ground floor is devoted exclusively to non- residential use. (13) Rest homes, convalescent homes, old age homes and day nurseries. (14) Signs as follows: (a) One single faced non flashing sign not more than twenty-four (24) square feet in area pertaining only to the sale, lease or hire of the particular building, lot or premises upon which displayed. (b) Single faced or double faced flashing or non flashing signs pertaining only to business conducted on the premises. (15) Structural alterations and additions may be made to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot. (16) The following uses subject to the issuance of an approved conditional use permit. (a) Trailer Parks. (b) Bill boards and advertising structures pertaining to a business or product not conducted or sold on the lot upon which said sign is displayed. SECTION 9230.182. Operational Standards. (a) All items stored or offered for sale or all activities shall be within an enclosed building except the following: (1) The pump islands of service stations. (2) Parking lots. (3) Drive-in restaurants. (4) Nurseries. (5) Automobile sales. (6) Outdoor recreational uses and sidewalk cafes. (7) Goods displayed in a recessed entryway if under the natural eave line shall be considered to be within a building. (8) Public Utility electric distribution and lransmission substations. Storage of goods shall be limited to those sold at retail on the (b) premises. (c) Ar~ use permitted herein may be prohibited by reason of noise, odor, dust, smoke, steam, vibration or electrical interference with adjacent residential home accessories. (d) Public utility electric distribution and transmission sub-stations shall erect and maintain a screening and protective fence not less than six (6) feet high regardless of other provisions contained in this Chapter except as provided in Article III, Chapter 2 of this Code. SECTION 9230.183. Building Height Limit. No structure shall exceed two (2) stories or thirty-five (35) feet. SECTION 9230.184. Front Yard. None. SECTION 9230.185. Side Yard. None. SECTION 9230.186. Rear Yard. There shall be a rear yard of not less than ten (10) feet. SECTION 9230.187. Off-Street Parking. Off-street parking shall be provided in the manner in Part IV of this Chapter. ~. prescribed SECTION 9230.200. C2 (General Comercial District). SECTION 9230.201. Uses Permitted. (a) Ail uses permitted in the C1 District but subject to the conditions, restrictions and limitations of this District. (b) Advertising signs and structures including billboards. (c) Amusement enterprises including carnivals and circuses operating not longer than 10 days within a six-month period. (d) Automotive garages including body and fender repair, painting, and engine replacement. (e) Blueprinting, photo engraving, including all types of reproductioh processes. (f) Enclosed storage. (g) Entertainment canters including but not l~ted to night clubs, bowling alleys, dance halls, skating rinks, sports stadiums, arenas and outdoor theaters. (h) Equipment rental yards for lightmachinery. (i) Netal shops. (j) Tire recapping. (k) ~'~olesale establishments as follows: (1) Automotive equipment, including par~s and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. (3) Dry goods and apparel. (4) Food products. (5) Farm products· (6) Electrical and plumbing supplies. (7) Office equipment and supp!~es. (~) Research institutions and laboratories. SECTION 9230.202. Operational Standards. Ail activities except light equipment rental, advertising structures, truckS, Vr~iler, t~tor an~' boat s~l~s' ~nd ~,ho~ uses permitted in the o~en ih the C I Dis-. .trier, shall b~ conducted entirely within an enclosed building. SECTION 9230.203. Building Height Limit. No structure shall exceed two (2) stories or thirty-five (35) feet. SECTION 9230.204. Front Yard. None · SECTION 9230.205. Side Yard. None. SECTION 9230.~O6. Rear Yard, There shall be a rear yard of not less than ten (10) feet. SECTION 9230.207. Off-Street Parking. Off-street parking shall be provided in the manner · prescribed by Part IV of this Chapter. SECTION 9230.220. C3 (Central Business District). SECTION 9230.221. Uses Permitted. (a) Ar~ wholly retail, wholesale or service use including any use permitted in the P, C1, and C2 Districts. (b) Any place of Public assemblage for purposes of meeting, worshipping, eating, drinking or entertainment. (c! Any advertising structure. SECTION 9230.222. Operational Standards. (a) Ail activities except those permitted in the open by the P, C, C1, and C2 Districts, excluding newsstands and flowem stands, shall be conducted entirely within an enclosed building. SECTION 9230.223. Building Height Limit. No structure shall exceed ten (10) stories or one-hundred and twenty-five (125) feet unless the structure is set back from all property lines one foot for each five feet the structure rises in height over one-hundred and twenty-five (125) feet. SECTION 9230.224. Front, Side and Rear Yards. -22- SECTION 9230.225. Off-Street Parking. Off-street parking shall be provided in the manner prescribed by Part IV of this Chapter except that required parking m~: (a) Be within three hundred (300) feet of the use it serves. (b) Be waived by the Planning Commission and City Council if a statement be filed, signed by the property owner and notarized stating that~ (1) The structure is designed, intended and used for non-residential purposes. (2) The owner is economically and practically unable to provide parking facilities. (3) Such parking requirement would result in severe, unreasonable hardship which would preclude the possibility of ar~ development or modification whatever. SECTION 9230.240. C4 (Planned Shopping Center District) SECTION 9230.241. Uses Permitted. Any wholly retail store, business, office or service. SECTION 9230.242. Operational Standards. (a) Any activities permitted in this District shall be conducted wholly within an enclosed building except the pump islands of service stations, parking facilities, sidewalk cafes, news and flower stands. (b) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product other than that which is clearly and tradi- tionally incidental to a particular retail enterprise, and where such goods are sold on the premises. (c) Developmer~ plans shall be submitted to the Planning Department and shall include building placement, parking facilities, internal vehicular circu- lation, access to public rights of way and type of advertising signs. The plans shall also indicate the priority cf construction and the estimated completion date. These plans shall be approved with or without modification or denied by the Planning Department within thirty (30) days of receipt of said plans. Any decision may be appealed to the Planning Commission and then to the City Council. (d) A concrete block wall not less than five (5) feet nor more than six (6) feet in height shall be erected along any lot line contiguous to any residentially zoned property excepting said wall shall not exceed the height limitations as prescribed in Section 9244 of this Chapter. Said fence requirement may be waived by the Planning Comm~ssionwhen it shall be found that the abutting residential zoned property is ina period of transition to commercial, professional or industrial usage or because of other extenuating circumstances where said fence would not ~ro~oto tho public health, w~lf~re or s~fety, SECTION 9230.243. Building Height. None. SECTION 9230.244. Minimum Area. Any property classified C4 shall have not less than four (4) acres under single ownership, partnership, association or corporation. SECTION 9230.245. Yards. There shall be no required yards unless the site is adjacent to property in any "R" District in which case all yards shall be not less than ten (10) feet. There shall be a side yard of mmt less than ten (10) feet on the street side of a corner 1Otc SECTION 9230.246. Off-Street Parking. Off-street parking shall be provided in the manner Part IV of this Chapter. · prescribed by -23~ SECTION 9230.260. C-5 (Arterial Commercial District). SECTION 9230.261. Uses Permitted. (a) Administrative and professional offices. (b) Any wholly retail stere, trade or service but excluding nurseries, sheet metal shops, body-fender works, automobile paint shop, repair garages, and any activity which includes the processing, treatment, manufacturing, assembling, or compounding of any product other than that which is clearly and traditionally incidental and essential to a particular retail activity. (c) Other retail or service uses including but not l~mAted to the following: (1) Automobile parking lots and service stations but excluding the sale or storage of automobiles, trucks, trailers, boats, tractors, both new or used. (2) Buildings of public assemblage limited to churches, chapels, mortuaries and theaters. (3) Clubs, fraternal organizations and unions. (4) Hospitals, clinics, sanitariums, excluding animal hospitals. (5) ~otels and hotels. (6) ~iniature golf courses but excluding all other outdoor recreational facilities including carnivals and circuses. (7) Public buildings and public utility structures including electric distribution and transmissions substations. (8) Restaurants, cafes, cocktail lounges and drive-in eating establishments. (9) Schools and studios operated for commercial and public purposes. (10) Dwelling units when erected above the ground floor of a com~ercial structure when the ground floor is devoted exclusively to non-residential use. (11) Rest homes, convalescent homes, and da~ nurseries. (12) Signs permitted in the C-1 District. (d) Structural alterations and additions m~y be made to existing residential uses provided that such alterations and additions will in no way increase the number of dwelling units contained on the lot. SECTION 9230.262. Operational Standards. (a) Any activity permitted in this District shall be conducted within an enclosed building excepting the pump islands of a service station, the parking of motor vehicles, the display of signs, miniature golf courses, electric distri- bution and transmission substations, ami drive-in eating establishment operations. (b) Ail storage shall be within an enclosed building and shall be ltm~ted to the accessory storage of supplies utilized in the business conducted upon the premises. (c) ~here property within this District is to be used for professional or commercial purposes and has a lot line in common with ar~ lot in a residential District there shall be erected a solid masonry wall not less than five (5) feet high along all such common lines. Where a wal 1 of such height is prohibited by this Chapter or any other Ordinance the wall shall be the maximum allowable height. Further. , where an alley separates property in this District from property in a residential District said block wall shall be erected along the property line abutting the alley except at points of ingress to the parking area. (d) Development plans, drawn to a standard scale, shall be submitted to the Planning Department in duplicate and shall '~ndicate: (1) Lot or site size and peripheral properties sufficient to show location. (2) Building placement, and gross floor area devoted to each separate unit. (3) Off-street parking facilities including vehicular circulation. (4) Means of access to public ri~hts-of-way. (5) Landscaping. (6) V~ere two or more separate lots of ownership are involved in said development plan, said plan shall be signed by the property owners involved in such proposed development. (e) Ail plans s~,~mitted to the Planning Department shall be approved, conditionally approved or denied by the Planning Department. The decision of the Planning Department may be appealed to the Planning Commlssion and then to the City Council. (lO) Restaurants. Employee cafeterias. The following uses subject to the issuance of an approved conditional use permit as prescribed in Par~ V of this Chapter. (a) Any professional use permitted in the P District. (b) Any retail or service use permitted in any con~ercial District. SECTION 9230.282. Operational Standards. (a) Any activity permitted in this District shall be conducted in such a manner as not to become obnoxious by reason of refuse matter, noise, light, vibration, maintenance of grounds or buildings or have a detrimental effect on permissible adjacent uses. (b) Outdoor storage of materials, products or equipment used, produced or manufactured by a permitted use shall be located only to the rear or side of the main building, and said storage area shall be screened by a solid fence or wall not less than six (6) feet in height. (c) V~en front and side yards are required as set forth in Section 9230.284 and Section 9230.285 of this District, said front and side yards shall be landscaped. (d) Any permitted use to be established on a lot in the M 1 District, the rear or side lot line of which abuts property situated in any R District shall be required to erect and maintain a solid wall or fence not less than five (5) nor more than six (6) feet in height along such rear or side lot line. (e) Public utility electric distribution and transmission substations shall be enclosed within a solid wall or chain link fence not less than six (6) feet in height. (f) An~ person building, erecting, altering or replacing an~ article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, shall, prior to the issuance of a building permit, present the Planning Department with a written statement from the office of the Air Polution Control Officer of the Air Polution Control District of Orange County stating that said use shall meet with the regulations of said Air Polution Control District. (g) Ail major compounding, processing, packaging or assembly of articles or merchandise, and treatment of products, shall be conducted within a completely enclosed building. SECTION 9230.283 Building Height Limit. No structure shall exceed in height the width of the widest street upon which the dire abuts unless the structure is set in from all property lines one (1) foot for each five (5) feet the structure rises above the street width. SECTION 9230.284. Front Yard. None, except when across the street from ~rontyard of not less property situated in the M 1 District is immediately any property situated in ar~ R District, there shall be a than ten (10) feet. SECTION 9230.285. Side Yard. None, except when the side property line of property situated in the M 1 District is ~mmediately across the street from ar~ property situated in any R District, there shall be a side yard of not less than five (5) feet. SECTION 9230.286. Rear Yard. None, except when the rear property line of property situated in the M 1 District abuts property in any R District, there shall be a rear yard cf not less than ten (10) feet. SECTION 9230.287. Off-Street Parking. Off-street parking shall be provided in the manner o. Part IV of this Chapter. prescribed in SECTION 9230.300. N 2 (Heavy Industrial District) SECTION 9230.301. Uses Permitted. (a) Any use unconditionally permitted in the M 1 District. (b) Any other industrial or nonindustrial use not in conflict with any other Ordinance of the City regulating nuisances and no~ listed as a conditionally permitted use set forth in paragraph (c) of this Section. Nothing contained herein is to be construed to permit the use of any properby for residential subdivision or any other residential use other than permanent quarters for a guard, custodian or caretaker. (c) The following uses subject to the issuance of an approved conditional use permit as (1) prescribed in Part V of this Chapter. Any professional, retail or service use permitted in the Professional and Commercial Districts. (2) Acid manufacturing. (3) Automobile wrecking yards and salvage yards. (4) Cement, lime, gypsum or plaster of paris manufacture. (5) Distillation of bones. (6) Explosives, manufacture or storage. (7) Fat rendering and refining. (8) Fertilizer manufacture. (9) Garbage, offal or dead animals reduction or doping. (10) Gas manufacturing, including acetylene manufacture. (11) Glue manufacture. (12) Petroleum refining. (13) Smelting of tin, copper, zinc or iron ores. (14) Stock yards. (15) Slaughter of animals. (16) Tannery or the curing or storage of raw hides. SECTION 9230.302. Operational Standards. (a) Any activity permitted in this District shall be conducted in such manner as not to become obnoxious by reason of noise, light or vibration. (b) Any person building, erecting, altering or replacing any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminate, shall, prior to the issuance of a building permit, present the Planning Department with a written statement from the office of the Air Polution Control Officer of the Air Polution Control District of Orange County that said use shall meet with the regulations of said Air Polution Control District. (c) Any open storage or work area abutting a public street or more restrictive District shall be screened by a solid wall or fence to a height of not less than six (6) feet nor more than eight (8) feet. Furthermore, the storage of wrecked vehicles and salvage materials shall not be piled higher than the height of the wall or fence around such storage or work area. SECTION 9230.303. Building Height Limit. No structure shall exceed in height the width of the widest street upon which the site abuts unless the structure is set in from all property lines one (1) foot for each five (5) feet the structure rises above the street width. SECTION 9230.304. Required Yards. ~one ,, SECTION 9230.305. Off-Street Parking. Off-street parking shall be provided in the manner by Part IV of this Chapter. ' prescribed -27- SECTION 9230.320. L~ (Limited ManufactUring District). SECTION 9230.321. Purpose. The LI{ District may be established in areas when it is desirable to provide for limited industrial uses of such design and type as will result in a well planned and organized industrial area. SECTION 9230.322. Uses Permitted. (o) (d) (e) (f) (g) (h) (i) and pulp. (J) (k) (1) (a) A~m~nistrative and professional offices, accessory to uses permitted in this District. Residences for watchmen or custodians employed on the site. Employee cafeterias, auditoriums and on-Job recreational facilities. Research and testing laboratories and institutions. Electrical and electronic products. Cartography, bookbinding, printing and lithograph~. Precision instrument manufacture. Fabrication of plastic products and objects of art. Editorial and designing in connection~rithmagazines, quality, slick Storage warehouses, excluding inflammable materials and truck terminals. Public utility electric distribution and transmission substations. The following uses subject to the issuance of an approved conditional use permit as prescribed by Part V of this Chapter. (1) Furniture Hanufacture including upholstering. (2) Finished paper products manufacturers. (3) Garment manufacture. (4) Small craft building. (5) Laundry and dry cleaning establishments. (6) Toy and novelty manufacture. (7) Medical and Dental offices and clinics. (8) Restaurants. (9) Any other use which in the opinion of the Planning Commission will prove compatible with the aforementioned permitted uses. SECTION 9230.323. Operational Standards. (a) No billboards or advertising signs other than those identifying the name, business and products of the person or firm occupying the premises shall be permitted, except that a sign not to exceed two hundred (200) square feet in area offering the premises for sale or lease may be permitted. (b) No materials or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon. Any finished products stored on the property outside of said buildings shall be confined to the rear one-half of the property, but shall in no instance be placed on that side of a building paralleling an existing or proposed street. (c) All required front and side yards shall be attractively landscaped and maintained excepting the required side yard to the rear of the front building line may be used for off-street parking. (d) Any use of lights to enhance the architectural appearance of a structure shall be non-flashing. (e) Ail production activities except the receiving of materials at a reception dock and the shipping of materials from a shipping dock shall be conducted within an enclosed building excepting, however, nothing herein is intended to prohibit the installation of component parts, electric and electronic devices and other goods manufactured or processed on the premises, into vans, trucks, and vehicles, including space vehicles, where said installation is made outside the main or accessory building. (f) Where any lot in this District abuts property in any residential District, there shall be provided and maintained a solid wall not less than six (6) feet in height along the property line where said lots abut. -28- SECTION 9230.324. Architectural Review. (a) Any application for permit for a building or structure in the L N District shall be accompanied by architectural drawings or sketches end plot plans, all to a workable scale, showing the elevation of the proposed building or structure, · proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, etc., and said plans shall be filed with the Planning Department. (b) Upon receipt of said application by the Planning Department the same shall be referred to the Planning Commission who shall consider said plans in an endeavor to provide that such buildings or structures and grounds be in keeping with the neighborhood and such as not to be detrimental to the harmonious develop- ment of the City or to impair the desirability of investment or occupation in the neighborhood. In event the applicant is not satisfied withthe action of the Planning Commission, he may, within thirty (30) days, appeal in writing to the City Council and said Council shall render its decision within thirty (30) days. (c) ~he Planning Co~missionmay, upon approval of the City Council, establish an Architectural R~view Committee, which shall include a minimum of six (6) members consisting of the Directors of Plam~ing, ~uildi~ and Safety, Public ~orks, at least one (1) licensed architect, one (1) building contractor ar~ one (1) realtor. All members other th~n the aforementioned three city officials shall be appointed by the Phnning Commission. ~id committee shall review said plans, sketches and elevations, and recommend to the Commission approval or disapproval of same. All approvals shall be based on standards of good architectural design. Such standards shall be entitled "Drawings ~nd Illustrated Architectural Standards for Properties in the LN - Limited }~nuf~cturing District". Said standards shall be approved by the Planning Commission and City Council prior to their use by the Architectural Review Committee, and copies sh~ll be on file in the Departments of Planning and Building & S~fety. Furthermore, the "Drawings and Illustrated Architectural Standards" shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. ~(d) If the aforementioned Architectural Review Committee has been established the Planning Commission shall not render ~ decision approving or disapproving the application until a written recommendation has been filed with the Commission from said Committee. S~id written recommendation by the Architectural Review Committee shall be submitted to the Planning Commission within seven (7) days from initial receipt of said application by the Planning D~partment unless it is deemed necessary by the Committee that an extension of time is necessary to review said application. ?ae extension of time shall be mutually agreed upon by the applicant and the Committee. In no case shall said extension of time be for a period to exceed thirty (30) days from initial receipt of the application. (e) No permit shall be issued in any case hereinabove mentioned until such drawings and sketches have been appreved by the ~l~nning Commission or by the City Council in the event of appeal from the Planning Commission, and all buildings, structures and grounds shall be in accordance with the drawings, sketches and recommended modifications imposed bythe Commission or Council. SECTION 9230.325. BuildinE Height Limit. No structure shall exceed fifty (50) feet without specific ~pproval of a con- ditional use p~rmit requesting a specific height. SECTION 9230.326. Building Site Area. Each building site shall contain not less than fifteen thousand (15,OOO) square feet and have not less than 1OO feet of frontage on a public street measured at the setback line, -29- SECTION 9230.327. Required Yards. (a) There shall be a front yard of not less than twenty-five (25) feet. (b) There shall be a side yard of not less than fifteen (15) feet. (c) There shall be not lees than fifteen (1%) feet between all buildings. (d) There s.~all be a rear yard of not less than fifteen (15) feet. (e) Not more than forty (40) per cent of any yard shall be occupied by pedestrian walks or vehicular drives. SECTION 9230.328. Off-Street Parking and Loading. Off-street parking shall be provided in the manner and number prescribed by Part IV of this Chapter and all loading and unloading of vehicles shall take place wholly within the site. SECTION 9230.340. CM (Commercial ~anufacturing District) SECTION 9230.341. Uses Permitted. (a) Any retail or service use permitted in the C3 District. (b) Beverage manufacture including bottling works. (c) Building materials sales yard including the sale of rocks, sand, gravel and cement mixing. (d) (e) (h) within an (k) w~ecking (m) shops, (n) (o) (P) Commercial laundry and dry cleanim~works. Contractor's equipment storage and rental. Freight or truck terminal. Ice cream manufacture. Ice ~anufacture and cold storage plant. Manufacture and maintenance of billboards and other advertising structures. Retail lumber yard including mill and sash work if conducted entirely enclosed building. Veterinary hospitals and kennels. Wholesale warehouse, storage buildings and yards excluding auto- and salvage yards. Wood working shops including cabinet shops and furniture repair Handicraft manufacture. Ceramic manufacture. Pipe storage. SECTION 9230.342. Operational Standards. (a) Any activity permitted in this District shall be conducted in such manner as not to become obnoxious by reason of refuse matter, noise, light, vibration, maintenance of grounds or buildings or have a detrimental effect on permissible adjacent uses. (b) Ail open storage or work areas abutting a public street, public open space, or more restrictive District shall be screened by solid fer~ing to a height cf not less than six (6) feet, except that the clear ~ones at inter- sectiqns as required by ,~rtiale III, Chapter 2 of th,~ ~'~nicip~l Code shall be main- taint, SECTION 9230.343. Building Height. No structure shall exceed two stories or thirty-five (35) feet unless such structure is set in from all property lines one (1) foot for each five (5) feet the structure rises above thirty-five (35) feet or two stories. SECTION 9230.344. Front Yard. None, except when property situated in the CM District is immediately across the street from any property situated in any R District, there shall be a front yard of not less than ten (10) feet. S?,CTION 9230.345. Side Yard. None, except when the side lot line of property situated in the CM District is immediately across the street or adjacent to an~ property situated in ar~ R District, there shall be a side yard of not less than five (5) feet. SECTION 9230.346. Rear Yard. None, except when the rear lot line of property situated in the CM District abuts property in any R District, there shall be a rear yard of not less than ten (10) feet. SECTION 9230.347. Off-Street Parking and Loading. Off-street parking and loading shall be provided in the manner prescribed in Part IV of this Chapter. PART IV GE~,~AL PROVISIONS SECTION 9240. General Regulations. The preceeding regulations shall be subject to the provisions and exceptions contained in this .Part. SECTION 9241. Use. (a) Every main building or group of buildings shall be located and main- tained on a "lot" as defined herein. (b) The follo~ring accessory uses, in addition to those hereinabove mentioned, shall be permitted in any District, provided that such accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective District: (1) The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other insti- tutions permitted in the respective Districts. (2) Recreation, refreshment and service buildings in parks, playgrounds and golf courses. (c) If any use is for any reason omitted from those specified as permissible in any District, or if ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this Ordinance, it shall be the duty of the Planning Director to ascertain all pertinent facts concerning such use and determine into which District such use shall be classified. The Planning Department shall file with the City Clerk~the Director of Building and Safety and the Zoning Administrator a copy of the facts which indicate into which District a particular use should be classified. Such decision may be appealed to the Planning Commission whose decision may be appealed to the City Council. SECTION 9242. Height. (a) Towers including radio and T.V. antennas, gables, spires, scenery lofts, cupolas, water tanks, silos, covering not more than ten (10) percent of the ground area of the buildings at base thereof, artificial windbreaks, windmills and similar structures and necessary mechanical appurtenances may be built and used to a greater height than the ltm~t established for the District in which such structures are located, provided, however, that no structure in excess of the allowable building height shall be used for sleeping or eating quarters, or for any co~nercial purpose other than that such as may be incidental to the permitted use of the main building. (b) Where the average slope of a lot is greater than one (1) foot rise or fall in seven (7) feet of distance from the established street elevation at the property line, an additional story will be permitted on the downhill side of any building. (c) No accessory structure shall exceed onc (1) story or twenty (20) feet. SECTION 9243. Area. (a) Any lot shown upon an official subdivision map duly approved bythe Council and recorded, or any lot for which a recorded contract of sale was in full force and effect prior to June 3, 1954, and the deed is so recorded in the office of the County Recorder, may he used as a legal building site subject to the conditions and limitations and restrictions governing the District in which it is located. (b) The following exceptions to yard requirements may be applied to any District with respect to all buildings, structures and uses permitted in the Al, RE, RI, R2, R3 and P Districts, subject to the following limitations and provisions: (1) Where a lot fronts on a cul-de-sac, the required front yard shall be not less than ten (10) feet~ (2) Where lots having front lot lines comprising forty (40) percent or more of the frontage in any block, excluding key lots, are developed with buildings, any new building or alteration to an existing building shall conform to the average front yard of said existing buildings. Buildings located entirely on the rear half of the lot shall not be counted in determining the average front yard depth of anv block. SECTION 9243 (Contd.) (3) !~ere paragraph (2) above does not apply and a lot is situated be- tween two lots, each of which has a main building within twenty- five (25) feet of its side lot lines which projects into the re- quired front yard otherwise established by this Chapter for said property, and has been so maintained since this Chapter became effective, the front yarQ requirement on such lot may be the average depth of the front yards of said existing buildings, or: (4) ~ere a lot adjoins only one lot having a main building within twenty-five (25) feet of its side lot lineswhich projects into the required front yard otherwise established by this Chapter for said property, and has been so maintained since this Chapter became effective, the front yard requirement on such lot shall be not less than the average of the front yard of said existing building and the required front yard. This provision is also applicable to corner lots fronting on the same street as the interior lots in the same block. (c) In any commercial district, the front and side yards required for dwellings, apa~-bments, hotels and boarding houses, may be waived when such uses are erected above the ground floor of a buildingwhen said ground floor has no re- quired front and side yards. (d) In comp?ting the depth of a rear yard where such yard opens upon an alley, one-half (~) of the width of such alley may be considered a portion of the rear yard; when such rear yard opens upon a street, public park, creek or river front under ~ublic ownership, ten (lC) feet of such public space may be considered a portion of the rear yard. (e) The following provisions shall be applicable to through lots: (1) At each end of a through lot there shall be a front yard of a depth required by this Chapter for the District in which the respective street frontage is located; provided, however, that there may be an accessory building in one of such front yards in accordance with Paragraph (3) following. (2) ~%%ere a through lot has depth of one hundred and fifty (150) feet or more, said lot may be assumed to be two (2) lots with the rear line of each approximatek¥ equidistant from the front lot lines, provided, however, that each portion shall then be treated as a separate lot insofar as the provisions of this Chapter apply, and provided that such lots, were recorded and held under separate ownership prior to December 31, 1939. (3) ~'~ere a through lot has depth of less than one hundred and fifty (150) feet, an accessory building not exceeding one (1) story or fourteen (14) feet in height may be located in one of the required front yards if such building is at least five (5) feet from any side lot line and a distance of at least ten (lO) percent of the lot depth from the street line abutting the front yard in which such building is to be located, provided, however, that such accessory building shall not project beyond the front yard line established by procedures set forth in this Chapter, but such accessory building need not be located more than twenty (20) feet from the street line. (f) Cornices, canopies, eaves, patio covers, chimneys and any other architectural feature may extend into any required yard a distance not to exceed eighteen (18) inches in the Al, RE, R1 Districts and six (6) inches in the R2, R3, R3H and P Districts. A landing place or uncovered porch may. extend into aT' yard to a distance of six (6) feet across one-half (~) the wmdth or depth of the lot provided that such landing place or porch shall have its floor no higher than the entrance floor of the building. Stairs leading from the ground to said landing place or porch may project beyond said six (6) feet. An open work railing no higher than three(3) feet may be placed around said landing place or porch. Furthermore an~ cornice, canopy, eave, patio cover, chimney or architecural feature may extend into any other required open space provided for in this Chapter a distance not to exceed two (2) feet, provided however nothing herein shall orohibit the full extension of an uncovered landing place or patio into said required open space. (g) Accessory buildings in the Al, RE, R1, R2, R3, R3H, and P Districts shall be subject to the following: (1) An accessory building shall be not less than five (5) feet from a main building. -33- ~ECTYON 9243. Area (Contd.) (2) On an interior lot an accessory building may be built to one side lot line and the rear lot line, except if the lot rears and/or sides upen an alley~ Said accessory building, if a garage, shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (3) On a corner lot an accessory building may be built not less than ten (10) feet to the lot line on the street side of the lot, and an accessory building may be built to the rear and/or inside property line, except if the building is a garage, such building shall maintain a distance of not less than twelve (12) feet from the center line of the alley. (4) On a reversed corner lot an accessory building located in a required rear yard shall not extend beyond the requirsd front yard line of the lot to the rear. (5) No accessory building shall occupy more than two-thirds (2/3) of the rear yard area requirsd for the District in which the property is located. (6) %~en any rear lot line or portions thereof is a side lot line of a key lot, an accessory building shall be not less than five (5) feet from said line. (7) There shall be a minimum twenty (20) foot drive clearance between any property line abutting a street and the entrance of a garage. (h) An attached accessory garage, carport, or other accessory building shall maintain the same yards as requirsd for the main building except as pro- vided in sub-parsgraph (7) of paragraph (g) of this Section. Furthermore, an open breezeway or covered patio between a garage or accessory building shall ,~ constitute an attachment. (i) No provision set forth in this Chapter shall permit any violation of any setback established as prescribed in PartVII of this Chapter. (J) ~bere property fronts, §ides or rears onto any NaJor, Primary or Secondary Street as shown on the Master Plan of Streets and Highways, the re- quired front, side and/or rear yard for the District in which located shall be measured from an adopted Future Right-of-¥iay Line determined for such Major, Primary or Secondary Street and/or as shown on the adopted Future Right-of-l~ay Map. (k) The front yard on a key lot in any rssidential District shall be not less than three fourths (3/4) the required front yard for the District in which located. (1) Ail yard arsas, excluding any required side yard on the street side of a corner lot and required front yard of any lot, may be used for uncovered off-street parking of motor vehicles incidental to the uses permitted in the District in which located, except that if said lot rears or sides on an alley, the entrance to parking stalls shall be not less than twelve (12) feet from the center line of said alley. (m) ~ny s6t back line ~-r r~uirod y~.rd, which ~v~r is '~r~ater, shall d~termine the building line. (n) There shall be a distance of not lees than fifteen (15) feet between detached dwelling units. (o) The following modifications in yard regulations may be undertaken: (1) Since the general yard provisions of this Chapter have to be applied to nmmerous types of conditions and shapes of parcels occasioned by varying street layouts and subdivisions of property, it is not advisable to attempt to define herein, those cases which warrant exceptions and modifications to the general yard requirements of this Chapter, therefore authority is hereby given the Zoning Administrator as a part of his administrative function, to determine in writing the application of the specific require- ments of this Chapter in harmony with their purpose and intent so that the spirit of the Chapter shall be observed, public peace, health, safety and welfars secured and substantial Justice done, under the following circumstances: (2) V~nere the application of yard regulations cannot be determined or may be interpreted in more than one way as to cause confusion in the administration of such regulations or general yard provisions with respect ts irregularly shaped lots such as those resulting from some angular or curved streets, particularly triangular or ~EOTION 9243. Area (Contd.) gore shaped lots with more than four lot lines, such regulations or provisions may be modified or interpreted by the Zoning Administrator in writing as to an individual lot or to all lots of similar type involving a common problem and the building shall be governed by such interpretation. No fence or accessory building, the location of which is determined in whole or in part by yards, shall be erected or established upon any lot which is so irregularly or oddly shaped as to cause cohfusion relative to interpretation of such regulations until the yard provisions of this Chapter shall have been determined as set forth above. The Zoning Administrator may, as a part of his administrative function, authorize a ten (10) percent reduction in required side, front and/or rear yard provided said determination shall be in writing and show that the reduction is in harmony with the purpose and intent of this Chapter. SECTION ~244. Fence Regulations. Fences, hedges or masonry walls shall be permitted in all required yard areas and in all Districts provided that: (1) Such fence, hedge or masonry wall on all lots shall hereafter not exceed six (6) feet in height and four (4) feet in height where such fence or hedge extends into the required front yard. (2) Any fence, hedge or masonry wall expressly permitted by this Section or any other Section of this Chapter shall comply with the provisions setforth in Article III, Chapter 2 of the Santa Ana Municipal Code. SECTION 9245. B (Parking Modification). (a) Any District or any part thereof regulating the use of land established under Part II and Part III, may be modified at the time the zoning is first es- tablished or by amendment, by adding to the District Designation, "B", which shall make no alteration in the uses permitted under the regular District class- ification except that~ In any District modified with B (Parking Modification) each parcel so zoned may be used exclusively for the parking of motor vehicles in connection with any comm~ercial use o~ for private parking except that no cars either new or used shall be stored for sale or lease or parked while such car bears sign, words or figures indicating that the same may be for sale, and no hydrocarbon substance or other property of any kind may be sold, nor automobiles serviced or repaired on said "B" modified District lots. ~en said "B" modified Districts are used for parking in the aforemen- tioned manner the following conditions shall be complied with: (1) All parking areas shall be paved and a~propriately drained with pavement meeting specifications of the Department of Public Works. (2) Ail parking areas shall ha~e adequate entrances, exits, and aisles to insure safe ingress and egress of vehicles. (3) Ail flood lights shall be arranged as to not interfere with adjacent residences. (4) ~en lots are modified with the "B" suffix and abut residential property a five (5) foot masonry wall or solid board fence shall be erected between said modified lot and residential property; however, the masonry wall or fence shall not exceed four (4) feet in height between the front property line amd the established building line of adjacent residential pro~erty. (5) Vhen said "B" modified lots are located across a street from any property zoned RE, Ri, R2, R3, R3H, and/or P, a two and one-half (2½) foot high masonry wall or adequate shrubs and landscaping shall be maintained along the front property line of said "B" zoned property. SECTION 9245. B (Parking i<odification). (Contd.) (6) The followinM types, sizos, and numbers of signs shall be permitted in a "B" modified District: (a) One (1) unlighted or non-flashing lishted double-faced sign not to exceed twenty (20) square feet of area per face, referring to the availability and charges for parking spaces on the parking lot · (b) Unlizhted or non-flashing lighted double faced entrance and exit signs not exceeding four (4) square feet in area per display face provided the signs shall contain only directional information. One (1) unlighted or non-flashing lighted double-faced sign not exceeding twenty (20) square feet in area per face, indicating the name of a shopping center when the "B" modified District adjoins a C1 or C2 District. Said signs shall be approved by the Planning Department prior to installation. (d) Signs shall not be lighted except during the hours that the use or uses which the parking lot services are open for business. (c) SECTION 9246. Oil Well Regulations. No person shall erect, establish, or maintain within an agricultural, resi- dential or commercial District, any oil well or derrick, or the business of drilling or operating for the discovery or production of oil, gas, hydro carbons, or other kindred substances. SECTION 9247. Off-Street Parking Requirement. Parking fecilities s.ball be located on the same lot or site or on a lot or site contiguous thereto· Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent tbs severance of the parking facilities and use by sale, trade, lease or any other conveyance. SECTION 9247.1. Dimension of Parking Area and Access. (a) Open or garage parking stalls shall be not less than nine (9) feet v~de and twenty (20) feet long. (b) Aisles to and from parking stalls shall be not less than: (1) Thirteen (13) feet wide for thirty (30) degree parking. (2) Fifteen (15) feet wide for forty-five (45) degree parking. (3) Eighteen (18) feet wide for sixty (60) degree parking. (4) Twenty-three (23) feet ~'~de for ninety (90) degree parking. (c) Circulation within a parking area, must be that~ (1) A car entering the parking area need not enter a street to reach another aisle. (2) A car need not enter a street backwards. (This provision shall not (3) Lll oarkinj or,Ils and L~arng~.;~ ~u~ be ac~;ess~o±e and useablee SECTION 92~?.2. Na~ntenance and Operation. (a) Bumper guards shall be provided along any lot line which abuts a public walkway, street or alley except Wen a fence is required. (b) ~,'~en the parking area abuts residentially zoned property or property used for residential purposes, a six (6) foot high masonry vmll shall be erected along such property lines excepting such wall shall not exceed four (4) feet in height in any required front yard of adjacent property. (c) Lights used to illuminate the parking area shall be reflected away from any residence. (d) All required stalls shall be clearly outlined on the surface of the lot. (e) The parking area and driveways shall be paved with asphaltic or concrete surfacing. (f) All parking areas shall be graded to drain away from abutting property. (g) All parking areas shall be accessible to vehicles via drives and aisles of the size specified herein. SECTION 9247.3. Integrated Development. The parking requirement for each use or class of uses contained herein shall b~ required for each separate use or class of uses in any development unless an off-street parking and loading plan is presented to the Planning Department with a site plan including a ratio of three (3) square feet of parking area for each one (1) square foot of gross floorarea of all buildings included in the development. SECTION 9247.4. Minimum Requirement. The following uses shall provide off-street parking as required herein. '"': , USE 1. One-family, two-family, three- family A. Bachelor Apartment B. One-bedroom apartment C. Two-bedroom apartment 3. Trailer Parks 4. Resthomes, convalescent homes, sanitariums, homes for the aged Boarding houses, lodging houses, rooming houses. 6. Fraternities, sororities, dormi- tories, residential clubs 7. Hotels 8. Motels, tourist rooms, cabins 9. General business and professional offices 10. ~dical-Dental offices and clinics 11. Union halls and buildings One garage or carport for each dwelling unit. One parking apace for each dwelling unit parking space for each dwelling unit 2 parking space for each dwelling unit. 1¼ parking space for each dwelling unit. One parking space for each two beds or one parking space for each 200 square feet of sleeping room whichever is greater. One parking space for each guest room or one parking space for each 150 square feet of sleeping area, whichever is greater. One parking space for each two beds or one parking space for each 1OO square feet of sleeping room whichever is greater. One parking space for each two sleeping rooms plus one stall for each three employees. One parking space for each unit plus one space for resident manager. One parking space for each 300 square feet of gross floor area, but not less than 1/3 of the total lot area, which- ever is greater. One parking stall for each 150 square feetof 1-gross/3 floor area, but not less than of the total lot area, which- ever is greater. One parking stall for each 300 square feet of gross office floor area plus one stall for each 70 square feet of assembly room floor area, but not less than 1/3 of the total lot area, which- ever is greater. 15. 16. 20. 21. USE Hospitals, welfare institutions General Retail, including service uses such as barber shops, beauty parlors Restaurants, cafes, night clubs, bars and other places dispersing food or refreshments Theaters, auditoriums, stadiums, sport arenas, and similar places of Public assembly Mortuaries, funeral homes, gymna- siums, skating rinks Bowling alloys Golf course (regulation course) Trade schools, business colleges, con~aercial schools Open retail uses; e.g., nurseries, used car lots Warehousing, wholesale, furniture stores, machinery sales, new car truck sales. 22. Drive-in restaurants 23. Industrial uses (within a building) Industrial uses (outside a building) MINIMUM REQUIW~.NT 1} parking spaces for each patient bed, but not less than 1/3 of the total lot area, whichever is greater. One parking space for each 150 square feet of gross floor area except area devoted exclusively to storage, but not less than 1/3 of the total lot area, whichever is gre~ter. One parking stall for each two employees plus one parking stall for each 35 square feet of dining or drinking area where there are no fixed seats and/or one stall for each five fixed seats. 18" to a seat or bench. One parking soace for each five fixed seats or for every 35 square feet of floor area where there are no fixed seats. (18 lineal inches of bench shall be considered one fixed seat.) One parking space for each five fixed seats or for every 35 square feet of floor area where there are no fixed seats. (18 lineal inches of bench shall be considered one fixed seat.) Four parking spaces for each alley. Ten parking spaces per hole and one space for each 35 square feet of building area used for public assembly and one space for each 250 square feet of building area used for other commercial use. One parking space for every 35 square feet of gross floor area in every classroom. One parking space for every 500 square feet cf lot area devoted to display plus one space for each two employees. One parking space for every 1000 square feet of gross floor area plus one space per truck of the maximum contemplated number that will be stored upon the premises at one time. 25 spaces per 1000 square feet of gross floor area. One parking space for each two employees or for every 500 square feet of open or enclosed area devoted to the compounding, manufacturing or processing of ar~ goods or articles, whichever is greater, plus one stall for each vehicle used in con- ~junction with the use. -38- USE Salvage yards, Junk yards, automo- bile wrecking yards, storage lumber yards, and similar storage an, uses. REqUIRbI~NT One parking space for every two of the maximum contemplated number of employees on duty at one time or per 5,000 square feet of lot area, whichever is greater. 25. Churches, chapels, religious i One parking space for each three fixed meeting halls I seats in the principal assembly room ~ and/or for every 35 square feet of seating ~ area where there are no fixed seats. 26. Lodges, clubs, dance halls, health ! One stall per 35 square feet of gross studios where there are no sleepingl floor area. facilities. ~ Pitch and putt and miniature golf Grade schools, elementary or grame~ schools, both public and private, including Jr. High schools Senior high schools 30. Colleges ara Universities 31. 32. 33. Three parking spaces per hole, plus requirement for accessory uses. One stall per class room, plus require- ment for accessory uses. One stall per 20 square feet floor area per classroom plus requirement for assembly rooms and gymnasiums. ~ stall per 20 square feet of floor area per classroom, plus requirement for assembly and sports areas. Driving Ranges General~bolesale C4 District Shopping Center 1 stall per driving tee. 1 stall per 250 square feet of gross floor area. 3 square feet of parking area per one square foot of gross floor area. 34. Loading Space Requirements: On the same land therewith, every building, structure or part thereof, erected or occupied for manufacturing, storage warehouse, goods display, department store, market,hotel, hospital, funeral home, laundry, dry cleaning or other use involving the receipt or distribution by vehicle of materials or merchan- dise incidental to carrying on such activity shall be provided with sufficient space for standing, loading, and unloading vehicles to avoid undue interference with the public use of streets and alleys. Such space shall be no less than ten feet by twenty-five feet (10' x 25') for every ten thousand square feet of floor area or outdoor storage area with a 14-foot minimum height clearance, but shall not be a part of any area used for off-street parking purposes. -39- P.'~RT V - CONDITION,~L U~E PERMITS Vf~RI~NCES - A!~ENDMENTS SECTION 9250. Planning Comm~ission. Duties. (a) The Planning Commission is hereby authorized under conditions herein provided to grant V~riances fr~m the p~ovisions of this Chapter and to grant Conditional Use Permits for uses in any zone in which such uses may be condition- ally permitted. (b) Further, the Planning Commission may delegate to the Zoning Adminis- trator authority to act on any specific type of Variance or Conditional Use Permit. Such delegation of authority shall be made by formal resolution and shall be confirmed by action of the Council. The withdrawal of any authority so delegated to the Zoning ~dministrator may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the Council. SECTION 9250.1. Zoning administrator. Powers and Duties. The Zoning Administrator shall act on any Variance from the provisions of this Chapter and any Conditional Use Permit within the limitations imposed on the PlanninE Commission by this Chapter when the authority to so act has been dele- gated as prescribed in this Part. SECTISN 9250.2. Conditional Usc P~rmit and V~ri~uce Application. ~o May File. Application for a Variance or Conditional Use Permit may be made by the owner or agent of the owner of property affected, or it mny be initiated by the Planning Department, Planning Commission, or Council. Said application shall be signed by the record owner or may be signed by the agent for the owner if notarized certificate of Power of ~ttorney is filed with the application. SECTION 9250.3. Form and Content. Application for Variance or Conditional Use Permit shall be in writing and filed in the office of the City Planning Department upon forms provided by the Department, and shall fully state the special circumstances and conditions relied upon as grounds for application. Each application shall be signed by the record owner or agent for the owner if notarized certificate of Power of Attorney is filed with the application. Said application shall be accompanied by adequate plans, legal description of the property involved, an outline of the proposed use, and the name and address of all the property owners within three hundred (300) feet of the exterior boundaries of the property involved as shown on the latest adopted tax rolls. The Planning Director may, at his discretion, require the name and address of property owners within a greater distance of the exterior boundaries of said property. SECTION 9250.4. Filing Fees. Prior to the filing of any application hereafter mentioned, the applicant shall pay the following fee: (a) For Variance, the sum of thirty-fi~e (35) dollars. (b) For any Conditional Use Permit, the sum of thirty-five (35) dollars. (c) For appeal to the Council, the sum of fifteen (15) dollars. (d) All Eovernmental agencies are exempt from the above fees. SECTION 9250.5. Hearing. Hearing D~te. Upon the filing of an application for a Variance or Conditional Use Permit the D~rector of Planning shall set said application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days or more than forty-five (45) days after th~ filing date. SECTION 9250.6. Notice of Hearing. The Director of Planning shall ?lye or cause to be given notice of the time and purpose of such hearing by mailing notices at least five (5) days prior to the date of such hearing to the owners of all property v~thin the area hereinbefore designated in this Part. SECTION 9250.7. Hearing Date. Continuanccs. Upon the date set for a hearing the Council, llanning Commission, or Zoning Administrator may on that date continue ~%e matter. If ~ date for the continued b~ given, . ~C%ION 9250.~. Decision by Council, Planning Commission, and Zoning Administrator on Vurianccs and Conditional Use Permits nnd ~pponls. (a) The Council, Planning Commiss!on ~nd Zoning ~,dministrator may grant ~ccord';ng to the ~roc~dtu~e outlined in this Ch'~ptcr: (1) Conditional Us~ P~rmits. for specific users locat~d at a particular locution when it shall b~ deemed: To bo necessary or dcsirublc to provide a s~rvice or facility which will contribute to the general well-being of t~e neighborhood or the community; and (b) '~mt such use will not, under the circumstances of the ~arti- cul:r case, be detrimental to the health, safety or general ';~elfar~ of persons residing or ~orking in the vicinity, or in- jurious to property or improvemen~;s in th~ vicinity; and (c) Ttmt thc proposed use will comply v~th the regulations and con- di!ions sp~cifi~d in this Chapter for such use; and (d) 'Ihat th~ gr~nting of this Conditional Usc ~dll not adversely ~lff~ct tho General Plan of the City. (2) Vari'~nc~s from the Zoning trovisions of the ~';unicipsl code when it apm~ars that ~11 of the following h:~ve been established (a] Th!~t thcr~ ~r~: exca,~tion'~l circumstances or conditions applicable to the property in question or to the intended usa that do ~ot apply gcn~ra]ly to the other prope~y or cluss of usa~ in tb~ same vicinity nnd zone. (b) Th"~t such ~f~riancc is n~c~ssary for the prcserv'~tion and enjoy- ment of a substantYnl property ri~ght possessed by other prop- ertM ~n the s~mc vicinity and zon~, but ~'~hich is denied to the property in question. (c) Theft tho granting of such V~ri~ncc will not be m':terially d~trim~ntal to thc public welfare or injurious to the property or im~,rove~ents in such vicinity and zone in which the property is located. (d) ~I]~t the granting of such V'~rianc~ will not adversely affect thc Gcn~ra! Pl:~n of the Clt) of Santa (b) In granting '~ny V:~riance or Conditional Use P~rmit the Zoning ,,dminis- tracer, Planning Commission or Council m'~y impose such conditions as are d~emed necessary and desirable to protect the public htalth, safety or welfare in ~aordance with thc pur[~esa and intent of this Article. ,~,-~ ,..~N 9 50.9. Planning Co~ission to ~ke Finding of Fact. ~),?~ 'In' granting or denying a Variance or Conditional:Use ~e~%, '~"'~ Planning C6~ls~ion shall ~ke a written finding whych 'Shall Specify all facts relY%-~:~m by said Co~i~sl0~ in renderln~ his de6islon and in attaching:f~ditlons and safeguards, and shall fully seg ~forth wherein the facts'and clrc~stances fulfill or fail to fulfil re.&repents of this Chapter. A copy ~ ~m ~eci~ion of Co~ss%on, together with the wrltten",~K~f~'~ fact, s~l~:~:be filed wi~ ~e Clerk of the Council, wi~ the"Ci~,~ing De~mnt, and ma%%ed to the applicant. All decisions of the Planning C~tssion be reviewed by the City Co~cll, as set forth in Sec~on ' . ~.. Referral to Planning Co~ssion FOr ~en au~ority to so act has been au~orimed i.n the manner ' ~n. Sect~n 9250, paragraph (b) of this Part, the ~in~ A~inistra~o~ . sh~ll ~ke a written finding which sba'il4 s~e~ify a11 ,~cts; relied ~ ',~n in rendering his decision an~ In attach~~Z~Ons ~nd saf~i / guards and shall fully set forth wherein t~~/~ cirC~stances · fulfill or fail to~ fulfill the re~ir~mefl't~'f ~['~ Cha~er. A copy of ~e decision:tOgether w~th the ~itten fin~ing of fact shall be filed with the Clerk of the Co~cil, w&~ the C~ty Planning ~part- ment, and mailed to the applicant. All decisions of ~e ~ning A~n- istra~or shall be reviewed by ~e Planning Co~lssion. In the event the Zoning Adm~nistrator is of the opinion any Variance or Cond~tional Use Permit request is of such magnitude as 'to be of special interest to the people of the City of Santa Ana.,and the Planning ~ommission, he may con,hue ~e hearing to the< ne~regularly sched~ed,~Petlng of the Planning Co~ission who shall~ then proc6ss the ~'~i~lon In the manner prescribed by Section' 9250.9 of this ~ ~,~ ~ ~-~ City Co~cll. '~, ~on the filing, by ~e Plann~g Co~ission, of ~ written finding of fac= with the Clerk 9~ the Council, the CocCi1 may review said If ~e co~cil ~s dissatisfied with the action of the Planning Co~lssion or ,~ of the opinion that the matter is of ~uch magnitude as to be of special interest to th9 p~ople of the C~ty Of Santa ~a it may, by majority vote, set thin,matter for a p~lic hearing to be held 'at a re~lar or adjourned m~eting ~th p~lic notification by the~ Planning Depar~ent as was required for the initial hearing; othe~ise, ~1~1 decisions of the Planning Co~ission shall SECTION 9250.12. Review of ~cision of ~ning A~n~stra~O'~ by the Planning Co~ssion'. Upon the filing, by~ the ~ning A~inistrator, of a ~&~n find- ing of fact with the Planing Depar~ent %~e Planning DireC~r s~ll cause said finding to be su~tted to ~'~Planning C~i~lOn at its next re~lar or adjou~ed meeting. %~ ~, ~ i~' ~. ~e Planning Co~ission shall review said fi~~a~nd in its 3ud~ent, the Zoning A~lnis=rator reache4~6~~at just and within the limits imposed by th~ Pa~ t~en~by ~e order the action of ~e ~ning A~inistrator shall be confi~ed warded ~ the Council for its :review, as set fo~ ~ wi~ ~e ~11 weigh= a~ authority of both ~e ~n~ Ad~nist~r and Planning Co~lssion s~stantiating the action. If the Planning C~ission is dissatisfied with the action taken by the Zoning A~inistrator, or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City or,Santa Ana, it shall, by majority vote, ~rect ~e Planning ~to~ to set the matter for public hearing by the Council. Said h~g~ shall be held at the earliest possible regular or adjourned m'~~th public notification as was required for the initial hear- -~T~250.13] Review of Decision of Zoning A~inistratpr and 1 ~: ~ ' Confl~ation of ?lanning Co~is~i.~%pby the =punci . tte in n of ~ led wi~ the Clerk U~ou ~the receipt of a wrl n f ~ ~ ,,~of the Co~%~the Planning Co~nlsslon, along'~, a minute order *'%ffi~n~'~ction of the Zoning A~inistrat~, t~9~.C0uncll':'maY reviewed finuing and conf~rmatloB. -~ ~,~.,-+~&the Council is dissatisfied with the action of the Zoning -~,~'~ini~r~tor~and the confi~i°n by ~e Planning Co~lssion, or is o~ ~e opinion that the matt~ is of such magnitude as to be of special interest to the p,eoole~, of t~"City, .... of Santa Aha it m~y,~ ~ . b~majority vote, set 'the matter for a ~blfa h~arin~o~'~b~9~ held at a re~lar or Depar~ent a~ ~'~e~uired fO~r the~ in&~l,h~in~; othe~ise, all decisions of the Pla~n~ Co~issi~n ~lr be final. Zoning ~dministr~tor. (a) An appeal from a decision or rec~uir~mcnt of thc i~lanning Col;~nission or Zoning Administrator may be made by any intureste~] p~rty, individual or group. SECTION 9250.1~. Continued (b) Any appeal made under ~he terms of this P~rt shall be made within five (5) calendar days following the date of the decision of the Planning Commission or Zoning ,'~dministrator. (c) All appeals shall be in writing and on forms provided by the Planning Department and shall specify wherein there was any error of decision or requirement by the Commission c~ Zoning ,~d~inistrator. Furthermore, a copy of said appeal shall be filed with the Planning Department and theClerk of the Council. (d) Upon receipt of said appeal the Planning Department shall set the matter for hearing by the Council. In the event the matter is an ~ppeal from a ruling by the Zoning ~dministrator, the matter shall be heard by the Council following the review of said Zoning ~,dministrator's decision by the Planning Commission as set for~h in Section 9250.12 of this Part. (e) All appeals shall be heard in the same manner as prescribed for the original hearing. (f) Upon the filing of an appeal, the Planning Department shall forward to the Clerk of the Council a copy of the written findings, maps, papers, and exhibits upon which the decision of the Planning Commission and/or Zoning ~dministrator was based. (g) The Council may, after public hearing, affirm, reverse, change, or modify the original decision and make any additional determination it shall consider appropriate within the limitations imposed by this Chapter. Such decision shall be filed with the Clerk of the Council, City Planning Department, and sent to the applicant. SECTION 9250.15. Council to ~ke Finding of Fact. In granting or denying an appeal, the Council shall make a written finding which shall specify all facts relied upon by said Council in rendering its decision and in attachinE conditions and safe.~uards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth in this Chapter. A copy of the resolution toEether v~th the written finding of facts shall be filed with the Olerk of the Council, in the City Planning Department, and mailed to the applicant. The decision of the Council shall be final. SECTION 9251. F~ilure to Utilize Conditional Use P~rmits or V~riances. ~ Conditional Use Permit or Variance approved by the Council in accordance wi~h the procedures and considerations as provided in this Part, shall automatically become void after six (6) months from the effective date of such approval when the oWner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms ~nd conditions of the Conditior~l Use Permit or V~riance; however, the granting body, at the time of the ~pproval of the Conditional Use Permit or Variance may provide that the Conditional Use Permit or Variance shall be valid for a~period ~roater th~n six (6) months, ~ut for ~ period not to exceed one (1) year from the date of its approval. Acceptable action shall be considered to be actual construction, alteration, repairs and use of structures and land. Preparation of plans, financial negotiations, estate settlements, or change of property owners, are not considered sufficient evidence of an action. However, applicant may apply to the Council granting such Conditional Use Permit or Variance for a ninety (90) day estension of time, et an additional fee of five (5) dollars for each subsequent request for extension of time. Said request for extension of time must be filed before the expiration date of said Conditional Use Permit or Variance, but shall not be filed more th~n twenty-one days before s~id expiration date. SECTION 9252. Status of Approved Conditional Use Permits er V~rianccs. Any Variance granted prior to July 18, 1957, upon which an acceptable action has not been instituted as defined in Section 9251, shall, on the effective date of this Chapter, become null and void. Any approved Conditional Use Permit or Variance which has been exercised in the manner set forth in the terms of approval and has thereafter ceased to exist or has been suspended for at least one year, shall be declared void and any f~rther use of the premise~building or structure shall conform to the requirements for the District in which located. -43- SECTION 9253. Modification of Lpproved Variances or Conditional Use Permits. Ar~ modification of an approved Variance or Conditional Use Permit shall necessitate the refiling of a new application which shall be processed as required in the aforementioned Sections of this Part. SECTION 9254. Conditional Use Regulations. Any conditionally permitted use shall be subject to the yard, height, area, off-street parking, loading, sign ~nd operational standards set forth for the District in which said use is proposed to be located. However, the Zoning ~dministrator, Planning Commission or Council may impose any other conditions considered necessary to insure the safe and reasonable development of the area in order to protect the health, welfare and safety of the surrounding property owners. Further, the Zoning ~dministrator, Plurming Commission or Council may modify the regulations set forth for the District in which located when it is considered that the strict enforcement of said regulations will cause undue hardship to the applicant. SECTION 9255. f~endmentm and Changes of District Boundaries. ~enever the public necessity, convenience and general welfare justifies such action, the Planning Commission or Council upon their own motion may, Gr upon the verified application of a~y interested p~rsons shall, initiate proceedings to amend, supplement or change the Districts designated on the affected Sectional District Map established by this Chapter. SECTION 9255.1. Filing of ~lication. Application for change of District shall be made in writing to the Planning Commission in such form as is approved by the Planning Con~ission. The Planning Commission shall provide forms for such purposes and may ~escribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements. Application filed pursuant to this Chapter shall be numbered consecutively in the order of their filing and shall become a p~rt of the permanent official records of the Planning Commission, and there shall be attached thereto copies of all notices and actions pertaining thereto. SECTION 9255.2. Filing Fee. Before accepting any ~mendment ~pplication, the City shall charge and collect a fee of seventy-five (75) dollars for the purpose of defraying the expenditures incidental to the proceedings involved in such roclassification. SECTION 9255.3. Investigation. The Planning Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide aL1 necessary information to assure that the ~ction on each such application is consistent with the intent and purpose of this Chapter, with previous Amendments and in substantial conformance with the C~neral Plan. SECTION 9255.4. Notices Following the receipt in proper forms of any such application, the Director of Planning shall fix a time and place of public ha ring thereon. The date of such public hearing and location of the property and n~ture of the request shall be given in the following manner: (a) By publishing at least once and not less than ten (lO) days before the date of the hearing in a newspaper of general circulation. (b) The Planning Commission m~y further require posting, not less than five (5) days prior to said he,ring, placards on such property and for a distance of not less than three hundred (300) feet in g~ch direction from the exterior limits of such proper~y. SECTION 9255.5. Public Hearing. Public hearing shall be held before the P~anning Commission at the time and place for which public notice has been given as hereinbefore required. The Planning Commission may establish its o~ rules for the conduct of such hearings. A sunmmry of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of t~ case. Any such hearing may be continued provided that, prior to the sdjournment or recess thereof, the presiding officer at such hearing shall announce the time ~nd place to which such hearing will be continued. SECTION 9255.6. Decision by Planning Commission, The decision of the Planning Commission in recommending the amendment of any Sectional District Map shall be advisory only. SECTION 9255.7. Finding of Fact. Transmitted to City Council. V~ithin ten (10) days after final action by the Planning Commission recommending an amendment of any Sectional District Map, its recommendations together with complete records of the case shall be forwarded to the Council, SECTION 9255.8. Council ~,ction. The Council after receipt of the report and recon~endation from the PLanning Commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed in this Chapter. No permit or license shall be issued for any us~ involved in mn application for a change ~f zone until same shall have become final by the adoption of an Ordinance by the Council. PART VI - NON-CONFORMING BUILDINGS AND USES SECTION 9260. Non-Conforming Buildings and Uses. SECTION 9260.1. Maintenance. A non-conforming building or structure may be maintained, said maintenance to consist of repair work necessary to keep a building or structure in sound condition. SECTION 9260.2. Repair and Alteration. No non-conforming building and/or use shall be added to or enlarged or structurally altered in any manner unless such improvements conform in every respect to the provisions of the District in which it is located. SECTION 9260.3. Restoration of Damaged Buildings. A building or structure occupied by a non-conforming use and which is damaged or partially destroyed by fire, flood, wind, earthquake, explosion or ar5, other act of God, or by the public enemy, may be restored and the non-conforming use continued, provided tluat the cost of repair or restoration does not exceed 100% of the building~s or structure'sassossed value prior to the date of the damage. .~ne forego%rig shall not apply to public service structures and uses such as electric dSstribution and transmission substations, which are required to provide immediate and uninterr pted service to the general public, However, in the repair, alteration or restoration of an existing facility because of reasop~ set forth'he~einabove, there shall be no increase in the areas so used or change of use excepting as substantially existed as of the date the damage occurred. Any increase in size of facility or increase in area so used shall require the filing of the necessary Conditional Use Permit, Variance or Amendment Application as prescribed in this Chapter for an original installation of the type being repaired, altered or r~stored. SECTION 9260.4. Discontinuance of Non-Conforming Buildings and/or Use. If for a period of twelve (12) consecutive months a non-conforming building and/or use is vacant, unused or unoccupied by a non-conforming use, any subsequent use must conform in every respect to the provisions of the District in which it is located. SECTION 9260.5. Expansion of a Non-Conforming Building and/or Use. The non-conforming use of land and/or buildings shall not be expanded on ~he same or nearby property. A non-confox-~.~ng use shall not be expanded or extended into any other~ part of a conformin~g b. uild. ing. SECTION 9260.6. Change of a Non-Conforming Use. A non-conforming use of land and/or building shall be changed only to a similar use or a use p~rmitt6d in the Distmict in which s~id use is situated. Further said change in use shall not require conformance to the off-street parking provisions set- forth Chapt. or provided ther~ ~s ~o ~xterior ~tructural addition, or emlarge- ment~ however, in no case shall the area used for off-street parking, available at the time said use became non-conforming, be reduced. ~ECTION 9260.7. Additional Building on Lots of Non-Conforming Use. While a non-conforming use exists on any lot no other use of a more restricted classification shall be permitted even though such other use would otherwise be conforming. SECTION 9260.8. Completion of Buildings. Any building and/or structure for which a building permit has been issued prior to the adoption of this Chapter and the construction of which has been star,ed SECTION 9260.8. Completion of Buildings. (Continued) prior to the effective date of this Chapter may be completed in accordance with the plans on file in the Building Department, and such building and/or structure shall be deemed to be a non-conforming building or structure within the meaning of this Chapter provided, however, that construction of such building and/or structure must be completed within six (6) months from the effective date of this Chapter. PART VII - SETBACK LI~S, FUTURE RIGHT OF %';AY LINES SECTION 9270. Setback Lines Established. There are hereby established and re-established, Setback Lines along the following streets and portions of streets in the City, between which Setback Lines and which streets respectively, no person shall erect or move in any building or. structure, excepting the foregoing shall not exclude the construction of a wall, fence or hedge between said Setback Line and an adopted Future Right-o~-~lay Line. The Setback Lines established hereby, and the locations, are described as follows: (a) North 'Broadway, on both sides, from Tenth Street to Santa Clara Avenue, 15 feet back of the present east and west lines of said Street. (b) North Flower Street on both sides of said Street, from the North line of Tract No. 748 to the south li~ of Santa Clara Avenue, 40 feet outside of the present east and west lines respectively of said Street. (c) East Seventeenth Street, from Main Street to the East City Limits on both sides, 40 feet from the surveyed centerline of said Street. (This originally was 10 feet back of the present line of said Street). (d) ~est Seventeenth Street, on both sides, from Flower Street to the West City Limits, 50 feet from the surveyed center line, except that on the North side from Bristol Street West to a point 138.71 feet East of the surveyed centerline of Alona Street the Setback Line shall be 140 feet North of the surveyed centerline of ~¥est Seventeenth Street measured at right a~les, and except that on the North side from Bristol Street to Baker Street the Setback Line shall be 60 feet North of the surveyed center line of W. Seventeenth Street measured at right angles. (Amended by Ordinance NS-93. ) (e) West First Street distant 42 feet from the surveyed center line thereof measured at right angles w~ th said center line from Main Street to Daisy Street on the South and from ~in Street to Townsend Street on the North; and distant 55 feet measured at right angles with said surveyed center line from Daisy Street to the ~est City Limits on the South and from Townsend Street to the ~est City Limits on the North. (Amended by Ordinance NS-33.) (f) East First Street on the North side from the A. T. & S. F. railroad tracks to Hathaway Street, 42 feet from the surveyed center line;from Hathaway Street to Grand Avenue, 34 feet from the surveyed center line; and on the South side from the A. T. & S. F. railroad tracks to Hathaway Street, 50 feet from the surveyed center line; all distastes measured at right angles to said surveyed center line. (Amended by Ordinance NS-168). 47- SECTION 9270. Setback Lines Established (Contd.). (g) South Nain Street from First Street to Fairview Avenue, on the west side and from First Street to Edinger Street on the East side, 5 feet outside of the present east and west sides of said Street. (h) South ~in Street, on the east side, from Edinger Street to Anahurst Place, 7 feet outside of the present east line of said Street. (i) SouthNain Street on the east side, from Flora Street to Dyer Road, 44 feet from the surveyed center Line of said Street. (J) North Nain, on both sides, from Sixth Street to the north City Limits, 45 feet from the surveyed center line of said Street. (k) North Sycamore Street, on both sides, lO feet outside the present east and west lines of said Street, from ~Vashington Avenue to Seventeenth Street, excepting from the Provisions hereof, the corner lots on said portions of North Sycamore Street fronting onWashington Avenue, Fifteenth Street and Seventeenth Street respectively. (1) East Washington Avenue on both sides from Lincoln Avenue to Grand Avenue, 30 feet from the center line of said Street. (m) North Ross Street, from Nineteenth Street to Santa Clara Avenue on both sides, 40 feet outside the present lines of said Street, excepting from the provisions hereof, the corner lots on said portion of North Ross Street fronting on Nineteenth Street and Santa Clara Avenue respectively. (n) Bristol Street from the north City Limits to Fifth Street, on both sides; and Bristol Street from Fourth Street south, on both sides, excepting those portions of Bristol Street lying outside of the City boundary line, 40 feet on each side of the surveyed center line of said Street. (o) Delhi Road on the north side, fromM ain Street to Bristol Street, 40 feet from the survey-ed center line of said Street. (p) West First Street, from a point 410.56 feet east of Sullivan to the west City Limits, on the north side, 55 feet from the surveyed center line of said Street. (q) ~est Eighth Street,between Broadway and Shelton Street, 30 feet on the North and 5~ feet on the South, both measured at right angles with and from the surveyed center line. (Added by Ordinance NS-42). (r) NcClay Street on the east side from Chestnut Street to McFadden Street, 44 feet from the surveyed center line m~asured at right angles. (Added by Ordinance NS-52.) (s) Santiago Avenue on both sides, between Washington Avenue and the Santa Ana Freeway, 35 feet from the center line measured at right angles. (Amended by Ordinance NS-121.) (t) (u) Memory Lane, on both sides, between Flower Street and the Westerly City Limits, 60 feet from the surveyed center line, measured at right angles. (Added by Ordinance NS-lO1. ) Cypress Avenue, on both sides, from Goetz Avenue on the North to an unnamed street on the South, a distance of approximately 400 feet, 30 feet from the center line measured at right angles. (Amended by Ordinance NS-224. ) (v) Lehnhardt Avenue, on the South side, between the East line of Verano Street, and a point 520 feet East of the surveyed center line of Verano Street, 55 feet from the surveyed center line of Lehnhardt Avenue, measured at right angles. (Amended by Ordinance NS-383.) SECTION 9270. Setback Lines Established (Contd.). Verano Street, on the East side, between the South line of proposed Lehnhardt Avenue and a point 210 feet North of the center line of Smelt~er Avenue, 110 feet from surveyed center line of Verano Street, measured at right angles. (Amended byOrdinance NS-383.) Smeltzer Avenue, on the North side, between a point 207 feet East of the surveyed center line of Verano Street and a point 520 feet East of the surveyed center line of Verano Street, 120 feet from the surveyed center line of Smeltzer Avenue, measured at right angles. (Amended by Ordinance NS-383.) (y) lkFadden Avenue, on the north side, between a line parallel with and 252 feet east of the center line of proposed Fairview S~reet, and a line parallel with and 650 feet east of the center line of proposed Fairview Street, 210 feet from the center line of McFadden Avenue, measured at right angles. (Amended by Ordinance NS-423.) (a) Fairview Street, on the east side, between a line parallel to and 254 feet north of the center line of HcFadden Avenue and a line parallel to and 1,320 feet north of the center line of McFadden Avenue, 210 feet from the center line of proposed Fairview Street, measured at right angles. (Amended by Ordinance NS-423.) (aa) Fairview Street and Delhi Road, Southeast corner, described as: On the East side of Fairview Street, beginning at a point 210 feet South of the center line of Delhi Road and extending Southerly 780 feet from the center line of Delhi Road, said Setback Line being measured 259 feet East of and at right angles to the center line of Fairview Street; and on the South side of Delhi Road beginning at a point 210 feet East of the centerline of Fairview Street and extending Easterly 780 feet from the center line of Fairview Street, said Setback Line being measured 259 feet South of and at right angles to the centerline of Delhi Road. (Amended by Ordinance NS-442. ) SECTION 9271. Future Right-0f-~ay Lines Established. There are hereby established and re-established Future Right-of-l~ayLines along the following streets and portions of streets in the City, between which Future Right-of-~ay lines and which streets respectively, no person shall erect, move in or structurally alter any building or structure, excepting however nothing herein is intended to prohibit the construction or erection of a hedge, masonry well or fence provided said fence, hedge or masonry wall meets with the provisions of the District requirements in which located or any other provisions in this Chapter: (a) Seventeenth Street (Westminster Avenue). (1) On both sides, 52 feet from center line, between the Santa Ana River and College Avenue. (NS-382) (2) On both sides, 50 feet from center line, between College Avenue and the Santa Ana Freeway. (NS 382) (3) On both sides, 52 feet from the center line, between the Santa Ana Freeway and the east corporate ]tm4ts. (NS 382) (4) On both sides, between King Street and V~rano Street, measured 52 feet from and at right angles to the survey center line. (Ns 416) (b) V;ashiu~ton Avenue. (1) On the north side, 30 feet from the center line between Flower and Bush Street. (NS 382) (2) On the north side, 35 feet from center line, from Bush Street to the Santa Ana Freeway. (NS 382) (3) On the south side, 40 feet from center line, between Flower and Bush Street. (Ns 382) (4) On the south side, 35 feet from center line, between Bush Street and Grand Avenue. (NS 382) ~.CTION 9271~ Future Right-Of-~,~ay Lines Established (contd.). (c) Flower Street. (1) On both sides, 48 feet measured from and at right angles to the survey center, between a point 200 feet north of the survey center line of Seventeenth Street and the survey center line of Seventeenth Street. (NS 382) (2) On both sides, 40 feet measured from and at right angles to the survey center line, between the survey center line of Seventeenth Street and the survey center line of Pine Street. (NS 382) (d) Fifth Street. (1) Between Harbor Boulevard and Vfestern Avenue measured 42 feet from and at right angles to the survey center line. (NS 390) (e) Grand Avenue (1) Between (2) (3) (5) (McClay). Santa Clara Avenue and Seventeenth Street, on both sides, measured 42 feet from and at right angles to the survey center line. (NS 390) Between Fourth and First Streets, on the west side, measured 35 feet from the survey center line; on the east side, measured 45 feet from the survey center line. (NS 390) Between First and Chestnut Street, on both sides, measured 42 feet from the survey center line. (NS 390) Between Chestnut Avenue and McFadden Avenue, on the west side, measured 30 feet from the survey center line; on the east side, measured 54 feet from the survey center line. (NS 390) Between McFadden Avenue and Delhi Road, on both sides, measured 42 feet from the survey center line. (NS 390) (f) HasardAvenue, (1) On both sides, between Harbor Boulevard and Ward Street, measured 42 feet from and at right angles to the survey center line.(NS 397) Sugar Avenue. (1) On both sides, between Harbor Boulevard and Ward Street, measured 42 feet from and at right angles to the survey center line. (NS 397) (h) Raitt (1) (2) (3) (4) Street. On both sides, between Fifth Street and McFadden Avenue, measured 42 feet from and at right angles to the survey center line. (NS 401) On the west side, between McFadden Avenue and Delhi Road, measured 42 feet from and at righ$ angles to the survey center line. (NS 401) On the east side, between McFadden Avenue and Edinger Street, measured 29 Feet from and at right angles to the survey center line. (NS 401) On the east side, between Edinger Street and a point 1313.87 feet south of the survey center line of Edinger Street, measured 34 feet from and at right angles to the survey center line. (NS 401) On the east side, between a point 1313.87 feet south of the survey center line of Edinger Street and Delhi Road, measured 42 feet from and at right angles to the survey center line. (NS 401) (i) Newhope Street. (1) On both sides, between proposed Garden Grove Freeway and Slater Avenue, measured 42 feet from and at right angles to the survey center line. (NS 402) (J) SmeltzerAvenue. (1) On both sides, between Harbor Boulevard and Ward Street, measured 52 feet from and at right angles to the survey center line. (NS 402) (k) Main Street. (1) On both sides,between the north City Limits and Third Street, measured 45 feet from and at right angles to the survey center line. (NS 408) (2) On the west side, between Third Btreet and F~st Street, measured 43 feet from and at right angles to the survey center line. (NS 408) SECTION 9271. Future Right-Of-%'~ay Lines Established (contd.). (3) On the east side, between Third Street and First Street, measured 47 feet from and at right angles to the survey center line. (NS 408) (4) On the west side, between Delhi Road and Dyer Road, measured 60 feet from and at right angles to the survey center line. (NS 408) (5) On the east side, between Delhi Road and Dyer Road, measured 44 feet from and at right angles to the survey center line. (NS 408) (6) On both sides, between Dyer Road and Newpor~ Avenue, measured 52 feet from and at right angles to the survey center line. (NS 408) (1) Ualnut Street. (1) On both sides, between Artesia Street and a point approximately 500 feet east of Artesia Street, measured 42 feet from and at right angles to the survey center line. (NS 408) (2) On both sides, between Baker Street and Flower Street, measured 40 feet from and at right angles to the survey center line. (NS 408) (3) On both sides, between Maple Street and Minnie Street, measured 40 feet from and at right angles to the survey center line. (NS 408) (m) Harbor Boulevard. (1) On both sides, between proposed Garden ~ove Freeway and proposed San Diego Freeway, measured 60 feet from and at right angles to the survey center line. (NS 416) (n) (o) Verano Street. (1) On both sides, between proposed Garden Grove Freeway and Slater Avenue, measured 52 feet from and at right angles to the survey center line. (NS 416) V~illits - Bishop Street. (1) On both sides, between proposed Fairview Street and Standard Avenue, measured 42 feet from and at right angles to the survey center line. (NS 426) (p) Delhi Road. (1) On both (2) (3) (4) (5) (6) (7) sides, between Harbor Boulevard and proposed Fairview Street, 52 feet measured from and at right angles to the survey center line. (NS 426) On both sides,between proposed Fairview Street and Rene Drive, 59 feet measured from and at right angles to the survey center lines (NS 426) On the north side, between Rene Drive and Bristol Street, 52 feet measured from and at right angles to the survey center line. (NS 426) On the south side, between Rene Drive and Bristol Street, 60 feet measured from and at right angles to the survey center line. (NS 426) On the north side, between Bristol Street and Standard Avenue, 40 feet measured from and at right angles to the survey center line. (rs 426) On the south side, between Bristol Street and Standard Avenue, 54 feet measured from and at right angles to the survey center line. (NS 426) On both sides, between Standard Avenue and proposed Newport Freeway, 52 feet measured from and at right angles to the survey center line. (NS 426) (q) Chestnut Street. (1) On both sides, between Main Street and the Pacific Electric Railroad, 4Ofeet measured from and at right angles to the survey center line. (NS 426) (2) On the north side, between the Pacific Electric Railroad and the East City L~m~ts, 32 feet measured from and at right angles to the survey center line. (NS 426) (3) On the south side, between the Pacific Electric Railroad and the east City Limits, 52 feet measured from and at right angles to the survey center line. (NS 426) SECTION 9271. Future Right-Of-Way Lines Established (contd.). (r) Santa Clara Avenue. (1) On the north side, between Broadway and NainStreet, 50feet measured from and at right angles to the survey center line.(NS 425) (2) On the south side, between Broadway and Nain Street, 30 feet measured from and at right angles to the survey center line.(NS 425) (3) On both sides, between Grand Avenue and the east City limits, 42 feet measured from and at right angles to the survey center line. (~S 42~) (s) Broadway. (1) On the west side, between First Street and Vralnut Street, 38 feet measured from and at right angles to the survey center line. (NS 427) (2) On the east side, bstween First Street and Walnut Street, 42 feet measured from and at right angles to the survey center line. (NS 427) (3) On both sides, between ~Talnut Street and Main Street, 40 feet measured from and at right angles to the survey center line~ (NS 427) (t) Standard Avenue. (1) On beth sides, between First Street and Delhi Road, 40 feet measured from and at right angles to the survey center line. (NS 432) (u) RitcheyStreet. (1) On both sides, between NcFadden Avenue and the easterly extension of Edinger Street, 42 feet measured from and at right angles to the survey center line. (NS 432) (v) Fruit Street. (1) On both sides, between French Street and Grand Avenue, 40 feet measured from and at right angles to the survey center line. (NS 432) (w) Fourth Street. (1) On both sides, between Raitt Street and Santa Ana Freeway, 40 feet measured from and at right angles to the survey center line. (NS 433) (2) On both sides, between the Santa Ana Freeway and east City limits, 50 feet measuredfrom and at right angles to the survey center line. (NS 433) (x) Eighth Street. (1) On both sides between proposed Fairview Street (King Street) and Bristol Street, 42 feet measured from and at right angles to the survey center line. (NS 433) On the north side, between Bristol and Baker Street, 38 feet (2) measured from and at right (3) On the south side, between measured from and at right (4) On the north side, between measured from and at right (5) On the south side, between measured from and at right (6) On the north side, between measured from and at right (7) On the south side, between measured from and at right angles to the survey center line. (NS 433) Bristol Street and Baker Street, 46 feet angles to the survey center line. (NS 433) Baker Street and Westwood Street, 34 feet angles to the survey center line. (NS 433) Baker Street and Shelton Street, 50 feet angles to the survey center line. (NS 433) ~'~estwood Street and Broadway, 30 feet angles to the survey center ]-ine. (NS 433) Shelton Street and Broadway, 54 feet angles to the survey center line. (NS 433) (y) Bristol Street. (1) From present Talbert Avenue to Delhi Road, on both sides, measured 50 feet from and at right angles to the construction center line. (NS 435) Memory Lane and Garden Grove Boulevard. (1) From Flower Street to the west corporate limits approximately 130 feet west of the $enter line of Townley Street, measured 50 feet from and at right angles to the survey center line. (NS 441) SECTION 9271. Future Right-Of-L~ay Lines Established (contd.). (aa) McFadden Avenue. (1) Between the Santa Ana River and Fairview (2) Between Fairview Street and Clara Street, measured 54 feet from and at right angles (3) Between Fairview Street and Clara Street, measured 30 feet from and at right angles (4) Between Clara Street and a point 211 feet Street, on both sides, measured 42 feet from and at right angles to the survey center line. on the north side, to the survey center line. on the south side, to the survey center line. east of the center line of Clara, on the north side, beginning at a point on the center line of Clara Street 54 feet north of the centerline of McFadden Avenue and extending easterly to a point 42 feet north of the center line of McFadden Avenue and 211 feet east of the center line of Clara Street; and, on the south side beginning at a point on the center line of Clara Street 30 feet south of the center line of McFadden Avenue and extending easterly to a point 211 feet east of the centerline of Clara Street and 42 feet south of the center line of ~FaddenAvenue. Between Broadway and a point 211 feet east of the center line of Clara Street, on both sides measured 42 feet from and at right angles to the survey center line of ~BFadden Avenue. Between Broadway andMainStreet, measured on both sides, 40 feet from and at right angles to the survey center line of McFadden Avenue. Between ~.~in Street and the east corporate limits, measured on both sides, 42 feet from and at right angles to the survey center line of McFadden Avenue. Edinger Street. (1) On both sides, between Harbor Boulevard and a point approximately 479 feet west of the centerline of Fairview Street, measured 52 feet north and south of the survey center line of Edinger Street. (2) On both sides, between a point 479 feet west of the center line of Fairview Street and a point 211 feet east of the center line of Gordon Place, measured 52 feet north and south of the construction center line of Edinger Street. (Reference diagrams 21-35 on file in the Department of Public ~orks). On both sides, between a point 211 feet east of the center line eg of Gordon Place and Raitt Street, measured 52 feet north and south of the survey center line of Edinger Street, On the north side, between Raitt Street and Bristol Street, measured 40 feet from and at right angles to the survey center line of Edinger Street. On the south side, between Raitt Street and Bristol Street, measured 52 feet south of the survey center line of Edinger Street. On the north side, between Bristol Street and Magnolia Street, measured 40 feet from and at right angles to the survey center- line of Edinger Street. On the south side, between Bristol Street and a point 145 feet east of the center line of Baker Street, measured 54 feet from and at right angles to the survey center line of Edinger Street. (3) (4) (5) (6) (?) (8) On the north side, between Sycamore Street aud a point 196 feet east of the center line of Main Street, measured 74 feet from and at right angles to the survey center line of Edinger Street. (9) On the south side, between Sycamore Street and a point 153 feet east of the centerline of Main Street, measured 30 feet from and at right angles to the survey center line of EdingerStreet. SECTION 9271. Future Right-Of-Way Lines Established (contd.). (cc) First Street - Bolsa Avenue. (1) On both sides between the west corporate limits and Harbor Boulevard, measured 60 feet north and south of the survey center line of Bolsa Avenue. (2) On the north side, between Harbor Boulevard and Townsend Street, measured 52 feet north of the survey center line. (3) On the south side, between Harbor Boulevard and Center Street, measured 52 feet south of the survey center line. (4) On the south side,~etween Center Street and the point where the south line ofWalnut intersects the south line of First Street, measured 55 feet south of the survey center line of First Street. (5) On the north side,~etween Minnie Street and the Santa Ana Freeway, measured 33 feet north of the survey center line of First Street. (6) On the south side, between Minnie Street and the Santa Ana Freeway, measured 71 feet from and at right angles to the survey center line. (7) On both sides, between the Santa Ana Freeway and the east corporate limit, measured 52 feet from and at right angles to the survey center line of First Street. (dd) Dyer Road (proposed Talbert Avenue). (1) On both sides, between Main Street and a point 348 feet east of the center line of Orange Avenue, measured 50 feet north and south of the construction center line of Dyer Road. (Reference diagram 7-24 dated August 3, 1959, on file in Department of Public Works). (2) On both sides, between a point 348 feet east of the center line of Orange and Newport Avenue, measured 50 feet north ar~ south of the survey center line of Dyer Road. SECTION 9272. Setback Lines and Future Right-of-Way Lines Affirmed. All Setback and Future Right-of-~ay Lines herein established have been heretofore established by Ordinance of the City and are hereby re-affirmed and re-established, and each shell be deemed as existing continuously from the effective date of the Ordinance first establishing said Lines, and this part is hereby declared to be a re-enactment and a continuation of the original enactment. SECTION 9273. Effect of Zoning Ordinance. The previsions of this Part are declared to be not in conflict with any provisions of the Districting Ordinance or Zoning Ordinance of the City and it is the declared intention of the Council that an~ amendment or re-enactment of District or the Zoning Ordinance, shall not be construed as an smendmer~ of the provisions of this Part and .where the terms of this Part differ from the require- ments of the District Classification or other parts of this Zoning Ordinance, that provision which is more restrictive shall prevail. SECTION 9274. Initiation Procedures. Variances From Setback Lines and Future Right-Of -l~ay Lines. Proceeding to establish a Setback or Future Right-of-V~ay Line may be initiated by the City Council, Plarming Commission, or by a Citizen' s petition filed with the Planning Department. If proceedings are initiated by the City Council, a statement of the proposed Setback or Future Right-of-~Vay Line shall be referred to the Planning Commission and no Ordinance shall be adopted thereon nor on a Citizen' s Petition until the recommendation of the Planning Commission has been filed with the City Council, or a period of forty (40) days has elapsed from the time of such reference to er the filing with the Planning Department. A Variance may be granted from the requirement of an~ Setback or Future Right-of-~Tay Line established by this procedure provided for the granting of other Variances set forth in this Article. SECTION 9275. Method of Adoption of Setback Lines or Future Right-Of-V~ay Lines. Setback and Future Right-of-V~ay Lines shall be established in the manner prescribed by Section 9144 through Section 9145.1 of Chapter One, Article IX. SECTION 9276. Authorization of Signs in Future Right-Of-V~ay Area. The Planning Director may authorize the construction of a sign or marquee projecting from a structure considered a non- conforming building due to its en- croachment into a Future Right-of-Way area, or a structure considered a conforming building enclosing a conforming use but a sign or marquee when so constructed projects into said Future Right-of-~ay area. The Planning Director may further authorize the erection of a sign in a Future Right-of-Way area provided the applicant enter into an agreement with the City Council stipulating that said sign will be removed at the applicant's expense at the time the street is widened; or, to an~ other provisions deemed necessary by the City Council. ~aid authorization shall not permit a sign which does not meet with the sign regulations for the District in which located, nor shall such authorimation preclude the requirements established by the Building or ~gineering Departments relative to structural specifications, encroachment into State owned Right-of-V~ay or any ether regulation setforth in the Municipal Code. PART VIII - ENF~RCENENT AND PENALTY SECTION 9280. Permits. Each application for a building permit shall be referred to the Planning Department whereupon such application shall be approved or disapproved as to conformance with the provisions of this Chapter. No building permit shall be issued until such application has been approved by the Planning Department. However, the issuance of a building permit under this Chapter or any other pro- visions of this Code shall not be deemed or construed to permit or authorize any violation of any provisions of this Chapter, or any other Ordinance or law of the City of Santa Ana. SECTION 9281. Interpretation of Chapter. In interpreting and applying the provisions of this Chapter, they shall be held to .be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare. SECTION 9282. Enforcement. It shall be the duty of the Director of Building Safety and Housing to en- force any portion of this Ordinance relative to building construction, and it shall be the duty of the Director of Planning to enforce all other provisions of this Chapter. No oversight or dereliction on the part of. the Director of Building Safety and Housing or Director of Planning, any authorized assistants, or any official or employee of the City of Santa Ana vested with the duty or authority to issue permits or licenses, shall legalize, authorize, waive or excuse the violation of any of the provisions of this Chapter, nor shall said employees issue any license or permit for any use, building or purpose which would be in conflict with the provisions of this Chapter or of any other Ordinance now in force, or hereafter adopted. Any permit so issued shall be null and void. PART IX -;..';ISCELLANEOUS SECTION 9290. Repeal and Enactment. This Chapter shall, for the purpose of convenience, be known as the "Zoning Ordinance of 1960", and that certain Ordinance known as the "Zoning Ordinance of 1939", as amended, is hereby repealed, subject however~ to the exception that all provisions of~his Ordinance shall be construed as continuations of the provisions thereof, and not as a new enactment, and the same shall be considered as having been continuously in effect since the adoption of said Zoning Ordinance of 1939, Just as the Zoning Ordinance of 1939 was a continuation of that certain Ordinance No. 809. The effective date of this Ordinance shall be con- strued to be the effective date of said Zoning Ordinance of 1939 insofar as the provisions hereof are a continuation of the provisions of said Zoning Ordinance of 1939, and no us~ which was being conducted in violation of the Zoning Ordinance of 1939 shall become a valid non-conforming use by reason of the reenactment of the provisions of said Ordinance. Ail other Ordinances of the City of Santa Ana in conflict herewith are hereby repealed. An~ uses being conducted under variances granted under said Zoning Ordinance of 1939 shall be considered ms nonconforming uses if located in a District where such use is not permitted herein. -57~- Section 2. This Ordinance to take effect 30 days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 20%h day of June , 1960. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, MARION SUTTNER, do hereby certify that I am the Clerk of the council of the City of Santa Ana, California; that the foregoing Ordinance was regularly introduced at its regular meeting held on the 6%h day of Jmae , 1960, and was again considered by said Council at its regular meeting held on the .~.0th day of June , 1960, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES, COUNCILMEN: RoyalE. Hubbard, Stanley C. Gould, Jr., Dale H. Heinly, Bob Brewer, A. A. NOES, COUNCILMEN: No~e ABSENT, COUNCILMEN: None ' ~CLERK OF THE coLTNcIL r58-