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511Affidavit of Publication In the Superior Court of the County of Orange State of California Plaintiff VS. f Defendant STATE OF CALIFORNIA, sg unty of Orange, ... ...�.. .. ...being first duly rworn, deposes and says: That at all times hereinafter mentioned, he wa® a citizen of the United States, over the age of eighteen years, and a resident of said county, and was at and during all said times the printer, publisher and proprietor of the Anaheim Gazette, a newspaper of general circulation, print ed and published weekly in the City of Anaheim, in said County of Orange, State of California; that said Anaheim Gazette is and was at all times herein mentioned, a newspaper of general circulation and is published for the dis- semination of local and telegraphic news and intelligence of a general char. acter, having a bona fide subscription list of paying subscribers; that at all said times said newspaper had been. established, printed and published in the said City of Anaheim, in said County and State at regular intervals for more than one year preceding the first publication of the notice herein mention- ed; that the ..�✓CJ.. . .............................................................;of which th annexed is a printed copy, was published and printed in said newspaper a least ........................................`...times, commencing on th day o 19'2.. ,and Inding on th ..............day of .........................,both days inclusive, and as often during sai time as said newspaper was regularly issued; that is to sa n the following dates, to -wit: ...... 1... . p ................... 40 SUBSCRIBED AND SWORN to before me this ----- /G_ --_day of z,L- ----------- 192-r-........................................................ ORDINANCE N0. fill An Ordinance I)roviding for the creation in the City of Ana- heim of live (6) tones, consist - Ing of various districts and pre- 4 scribing the classes of buildings, r structures and improvements in several vanes and - the use of each buildings, structures, im- provementpi and promisee; they heights of buildings and the area of lot covered thereby; de- fining the terms used herein, prescribing the penalty for the violation of the provisions here- of and repeallug certain ordi- nanees- The Board of Trustees of the City of Anaheim do ordain as follows: Definitions Sec. 1: For the purpose of this ordi- nance, certain terms used herein are defined as follows; All words used in the present tense shall include the future; all words in the plural number shall include the singular number and all words in the singular nurriber-- shall 'include the plural number; the word "lot" includes the word "plot." ALLEY: The . word "alley," when used in this ordinance, rnAha a public way intersecting a block or portion of a block, and designated on the Zone Slap hereinafter referred to. ACCESSORY: The word "a:ccessory" means a subordinate building or portion of gain building, the use of which is incidental to that of the main bu I iloing: and located on the same lot or ' parcel of land. ARBA OF LOT: The area of 'a, lot' shall be determined from the dimensions a of the boundaries of a lot except where 'such lot abuts upon one orge,malleys, Jin which case one-hatf the gidth of the eys opyowr. the lot that airn STORY: The word "story" means that portion of a building included be- tween the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. STREET LINE: \ The term "street line" means the boundary line between street and abutting property. ' USE: The word "use means the purpose for which premises or a build- ing therein is designed, arranged or in- tended, or for which it is -or may be occupied or maintained. Sec. 2: In order to designate, regu- late and restrict the location and loca- tions of commerce, business, trades and enterprises, and the locations of all buildings, designed, arranged or in- tended for special uses, five (5) classes of districts, which shall be known as "A" Zone, "B" Zone, "C" Zone, "D Zone -and JE" -=Sone; which said several zones and the dis- tricts of each therefor, so far as said districts have been defined, are hereby, established; and the boundaries of saki districts and each of them, are shown} upon parts of the "Zone Map" of the City of Anaheim attached hereto, made a part hereof, and hereby referred to for a particular description of said dis-" tricts, and each of them. Sec: 3: The. City Planning Commis- !! sion may, upon the verified petition of any property owner_ filed with said Commission, stating fully the grounds of the application and all facts relied upon by petitioner, recommend to the Board of -Trustees conditional excep- tions to any of said restrictions estab- lished by this ordinance in any of said zones or districts. In order to come within the provisions of Section 3, three things must be shown relative to the parcel of property contained in the ap- plication for an exception. 1. That there are special -circum- stances or conditions applicable to the parcel of property referred to in the application; - 2. That such exception is necessary for the preservation and enjoyment of a substantial property right of the pe- titioner; 3. That the granting of such excep- tion will not be materially detrimental to the Public Welfare, or injurious to the 'property or improvements in such. zone on district in which the property is located. Upon the making of such findings, the Commission may recommend to .the Board of Trustees that conditional ex- ceptions be made and the said board may by ordinance permit the erection, alteration,- reconstruction or enlarge - merit of any building, structure or im- provement in any of said zones which are restricted against said building,' structure or improvement or the use of such- premises upon such terms and conditions as _ said board may deem Proper, provided that the .board, shall specifically find and determine from a consideration and investigation of the facts, including those stated in said pe- tition and the report, of the Commission that (1) special circumstances do exist; (2) that",s11ch slgF*Ptfon or permit is necessary for the preseiNatforr of any substantial property right or' gights of, the pGtjt(ST3k .` .a*tt 1`S)-0fat the Vantin 1 Ing on the proposed change will beheld; 1 a public dining room o or cated in a hotel, provided (2) By mailing a postal card notice lic entrance to such dininl not less than ten days prior to date of taurant is from the Lobb; such hearing to the owner or owners and further provided the of all property within the posting area or other display or sign i above defined, using for this purpose the vertise such use, and the last known name and addresir of such series located on the same owners as shown upon the records of of land with any of said the City Assessor (or, the Commission eluding the office of a phy may, at its discretion, employ both such or- other person authoriz methods ,of serving notice). practice medicine or other In case of the granting of a petition, Ing where the home of s a report of the findings and recommeri- dentist or healer is in con datons of the Commission shall be made with, and including privat within thirty (30) days from the filing taining necessary and con of said petition and therupon, the find- for automobiles, as set f Ings and recommendation thereon shall buildng code, or for any be transmitted to the Board of -Trustees; : mitted by this ordinance and a post card notice mailed of the no such building, structur fact of the ; rendition of such report to ment shall be erected to a 1 said petitioner and If said findings and than sixty (60) feet nor recommendation be against the pe- shall such structure conte titioner, or -if -no -action is taken by the four (4) stories provided t] Commission within such thirty days, he main surface of the lot i may ­ )Within tweet (;i0) dayet fon the _ly more above the curb leve: _ . to of action by the CommissforAwithin measurement shall be m; twenty C20) "�ays� a.ff8r "the expiration main - level of the group of such thirty (30)days if no_ report is the building. made by said Commission, appeal to the Board of Trustees by written notice of appeal filed with the City Clark, Such appeal shall set' forth specifically the grounds therefor. if the Board of Trustees deems it necessary or expedient so to do, it may set the matter for hearing upon such notice to interested parties as it may deem proper and the decision of the Board upon ,said appeal shall be final and conclusive as to all matters and things involved in said petition. The decision of the Board of Trustees shall be rendered- within ninety (90) days after the receipt of a report and recommendation from the Commission ! or of an appeal from the action of said Commission, as hereinbefore set -forth. Sec. 5: FORM OF PETITION. The Commission may, in its rules and regulations, prescribe" the form and scope of the formal petition and accom- panying data so as to secure the fullest Practicable presentation of factsNfor the permanent record provided that any pe- tition for an, exception as provided in Section 3, or a change bf zone as pro- vided in Section 4, shall include a veri- fication of at least one of the owners. of the property petitioned for, attesting to the truth and correctness of all facts and maps presented with ,said petition, Such verification shall be dated and at- tested to before a Notary Public. sec. 6: No buildings, structure or Improvement shall be erected, con- structed, established, altered or enlarged. in the "A" Zone which is designed, ar- ranged or intended to be occupied or used, and premises shall be used for any pur}rase other than a single family dwelling, together: with the us- ual accessories located on the same lot or parcel of land- including a private garage, cotriafniirg space for not more than four `(4) automobiles„ provided that only one such single family dwell- ing house, shall be erected, constructed, establisbeo - *tared or. enlarged, .upon any one lot or> parcel of land, except that accommodations for servants quer- ters may be erected and maintained as part of a garages bulkiing, which .gold . lea or : �atxsal "-.af ,`I�At�, et►att aet :-ice . Zone "C" Sec, 8: No building, stn provement shall be erecter established, altered or an "C" Zone which is designee intended to be occupied or premises shall be used' for other than a store or shol duct of a wholesale or rc a place -of amusement, ar flees, studios (except mo conservatories, dancing ac penter shop, paint, paper decorating store, dressmf using not to exceed five millinery store, photogr plumbing shop, furniture s tinsmith, undertaker, hovpi tariums ,upholsterer, corn ages, automobile service i laundries, meat markets, slaughter and dress poultr; but may not slaughter o and other similar uses; or pose permitted by this ordii "A" and Zone "B." Zone "D" Sec. 9 No building, stri provement shall be erected established,. altered or enl "D" Zone which is design or intended to be occupied no premises shall be used f following specified trades, Purposes; auto wrecking al storage (except in a build enclosure at least .eight h of-srrch material as is perm district in which same is a monia, clorine or bleach manufacture; asphalt mal refining; brick and tile tert ufacture or storage; boiler vote treatment or manufa�i tory, distillation of coal, IM fat rendering; fertlliver"' hl gas (illuminating or beffi facture; glue manufaoti[1 rlor;: fireworks or explosi ��`' and storage; incineratl'o' of garbage, offal, dead apt fuse; iron foundry, a lamp: facture; lime, cement am �surtaa:-aimanufacture, . u + ,_. ,-<-uscees vi ine "'y of Anaheim do ordain as follows: Definitions Sec. 1: For the purpose of this ordi- nance, certain terms used herein are defined as follows: All words used in the present tense shall include the future; all words in the plural number shall include the singular number and all words in the singular number shall Include the plural number; the word "lot" includes the word "plot." { ALLEY: The word "alley," when used in this ordinance, means a public way intersecting a block or portion of a block, and designated on the Zone Map hereinafter referred to. ACCESSORY: The word "accessory" means a subordinate building or portion of main building, the use of which is Incidental to that of the main building and located on the same lot or parcel of land. AREA OF LOT: The area of a lot shall be determined from the dimensions, of the boundaries of a lot except where such lot abuts upon one or more alleys, in which case one-half the width of the alleys opposite the lot that abuts there- on may be included in the area of such lot. APARTMENT: The word "apart- ment" means a room or suite of two or more rooms in a tenement or apart- ment house, occupied or suitable for �gf�CCapxiccy'; As a residence for one family doing its own cooking on the premises. COMMISSION: The word "commis- idon" meant] the City Planning Com- mission.- BUILDING:,, om- mission.-BUILDING:„ The word "building” means a structure for the support, shel- ter or enclosure .of persons, animals or chattels; and when separated by di- vision walls of masonry from the ground up and without openings, then each por- tion of such building shall be deemed a separate building. BUSINESS OR COMMERCE: The word "business" and the word "com- merce" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreational or amusement enterprises. DISTRICT: The word "district" means an entire city block, any part thereof, or two or more contiguous blocks. INDUSTRIAL BUILDING: The term "Industrial building" means a building devoted to the storage, repair, manu- facture, preparation or treatment of any article, substance or commodity what- soever, and includes buildings used as stables. INDUSTRY: The word "industry" when used in this ordinance means the storage, repair, manufacture, prepara- tion or treatment of any article, sub- stance or commodity whatsoever, and including the operation of stables. LOT: The word "lot" means a parcel of land abutting on at least one street or alley. Where no alley exists, the rear line of a lot having a frontage on two parallel or approximately parallel streets shall be considered as equi-dis- taut from those streets, except where the full length or depth of such lot iE less than one hundred twenty-five (125) feet, in which case it shall be deemec one lot. INSIDE LOT: Is a lot with not mor( than one aide abutting upon a dedicatee public street, except as above. CORNER LOT: Is a lot with tw( sides abutting upon two intersecting streets. LOT LINES: The term "lot lines means the established division lines be tween parcels of property, public_ o itioner; 3. That the granting of such excep- ion will not be materially detrimental o the Public Welfare, or injurious to he property or improvements in such ;one on district in which the property is ocated. Upon the making of such findings, the -ommission may recommend to the 3oard of Trustees that conditional ex- :eptions be made and the said board nay by ordinance permit the erection, (ltera-tion, reconstruction or enlarge- nent of any building, structure or im- )roven:ent in any of said zones which ire restricted against said building, Structure or improvement or the use if such premises upon such terms and -.onditions as said board may deem )roper, provided that the board shall Specifically find and determine from a ,onsideration and investigation of the 'acts, including those stated in said pe- ftion and the report of the Commission ;hat (1) special circumstances do exist; (2) that such exception or permit is necessary for the preseevation of any >ubstantial property right or rights of he petitioner; and (3) that the granting )f said petition will not be materially letrimental to the public welfare or in- jurious to the property and improve- ments in said zone or district thereof. Upon the filing of such petition, the Colmnission shall make its findings and letermination thereon within thirty lays thereafter and mail a post card notice of the fact of the rendition of such report to said petitioner. If the petition is approved, then the Commis- sion shall forward its findings and re- commendations to the Board of Trus- tees. If the petition is disapproved, petitioner may. within twenty days from the date of action by said Commission, appeal to'the Beard of Trustees by written notice of appeal filed with the City Clerk. Such appeal shall set forth specifically the grounds therefor and said appeal may be referred to the City Planning Commission for reconsidera- tion as in the first instance, or if the Board of Trustees deems it necessary or expedient to do so, it may set the matter for hearing upon such notice to interested parties as it may deem proper, and the decision of the Board upon said appeal shall be rendered with- in ninety days from the date of such appeal, and iAllot so rendered, subli'2p- peal shall be ``deemed denied, but the time during which such matter is pend- ing before the Commission on such ref- erence shall not be considered as =d`art of such ninety day period. Sec. 4: Boundaries of zones or the districts thereof, or the classification of property therein may be amended, re- classified and altered whenever the pub- lic necessity and convenience and the general welfare require. (a) Upon the verified petition of one or more property owners of property proposed to be so changed or reclassi- fied; or (b) By resolution of intention of the City Planning Commission. Upon the filing of such verified petition or the passage of such resolution of intention, the Commission shall set the matter for hearing before a member of said Com- mission or its duly authorized examiner and shall give notice of the time and place of such hearing and the purpose thereof; (1) By posting public notice thereof not less than ten days prior to date of hearing mentioned therein, such noticeE shall be placed not more than one hun- dred feet apart along both sides of east and every street upon which property proposed to be reclassified abuts ani provided that such posting shall extew oin c.iA .+-t nr ctrPeta a istanc( Rion for an exception as provided in Section 3, or a change of zone as pro- ✓ided in Section 4, shall include a veri- ication of at least one of the owners )f the property petitioned for, attesting o the truth and correctness of all facts ind maps presented with said petition. Such verification shall be dated and at- tested to before a Notary Public. IN'See. 6: No buildings, structure or mprovement shall be erected, con- >tructed, established, altered or enlarged. .n the "A" Zone which is designed, ar- ranged or intended to be occupied or used, and ��„�premises shall be used °or any purpose other than a single family dwelling, together with the us- ual accessories located on the same lot :)r parcel of land, including a private garage containing space for not more than four (4) automobiles,, provided that only one such single family dwell - ng house shall be erected, constructed, established, altered or enlarged upon any one lot or parcel of land, except that accommodations for servants quar- ters may be erected and maintained as part of a garage building, which said lot or parcel of land shall not be less than forty (40) feet in width, other pro- visions of this ordinance to the con- trary notwithstanding, and provided that the above provisions pertaining to the minimum width of lots in said "A" Zone shall not apply to any lot officially recorded in a map or plat in the office of the County Recorder of Orange county; prior to (insert date of adop- tion) ; provided further, however, that no such single family dwelling shall be erected, constructed, established, alter- ed or enlarged upon any portion or por- tions of such recorded lot or lots as shown upon any official map or plat re- corded in the office of the County Re- corder of Orange county, unless such portion or portions of such lot or lots shall be not less than forty (40) feet in width and provided that if such lot shall contain more than ten thousand (10,000) square feet of area then such additional single family dwellings and their ac- cessories may be erected, established and maintained on such lot provided that all such dwellings and their ac- cessories shall not cover more than thirty (30) percentum of the total area of such lot, provided that there shalli not be less than 5,000 square feet of lot area for each dwelling. Except on corner lots duly recorded, which are deeper than one hundred (100) feet, a rear single family residence may be erected, provided the front wall is not less than twenty (20) feet from the rear wall of the front building; and provided, further, thathe rear wall of .the rear dwelling is not less than ten (10) feet from the rear lot line. It is also further provided that any rear building shall have direct access from the street and that it shall not be through any hallway or portion of the front building. Whenever a single family dwelling is located on the rear of the lot, before the passage of this ordinance, it shall be lawful to erect such permissive build- ings on the front of the lot, provided that such buildings are at least twenty (20) feet away from the existing rear building; and provided, further, that di- rect access to the rear building is main- tained directly from the street, rather than through an existing building or a building to be erected. 1Vo such dwefling house or any ac- cessory buildin thereto in said Zone "A" shall be exited to a height greater than thirty-five (35) feet or contain more than three stories. Zone 'B" Sec. 7: No building, structure or im- provement shall be erected, constructed, Zone "D" Sec. 3: No building, st provement shall be erect( established, altered or e "D" Zone which is desk or intended to be occupi( no premises shall be used following specified trades purposes; auto wrecking storage (except in a bui enclosure at least .eight of such material as is pei district in which same is monia, clorine or blea manufacture; asphalt n refining; brick and tile to ufacture or storage; boil cote treatment or manuf tory, distillation of coal, fat rendering; fertilizer gas (illuminating or h facture; glue manufacti der, fireworks or explosit and storage; incineratioi of garbage, offal, dead fuse; iron foundry, a lam facture; lime, cement s paxis manufacture, pain (mixing exempt) ; petrol refining and storage; pial sausage or vinegar man road yard or roundhouse skins, curing and tannin scrap iron,. junk or, rage ( Ing; slaughter of animal and rabbits: smelting c soap manufacture; stoct mill and quarry; plants Ing, storage, or distributt( or gravel; sulphurous, s, or hydrochloric acid mai low, grease and lard mt refining, tar roofing or t Ing manufacture; toba( manufacture; or similar Any building or stru to be used for any other ness, or for purposes of try, commerce or residen may be erected in said " prohibited by law or or( force or which may be acted. Zone "E" Sec. 10: Any buildin Improvement may be e strutted, etsablihsed, alt( and any premises may "E" Zone without retsr: design, arrangement of or purpose, provided s structure or improveme or purpose thereof, is by late or ordinance n( which may be hereafter General Prov] Sec. 11: Except as 1 cially provided, it is not ordinance to modify or peal any ordinances, rt or permits previously sued pursuant to law, use, management or co ings, structures, Improv( ices; Iprovided; howev( this ordinance imposes striction upon the ere( ment, alteration or, -,..i buildings than is impo by such ordinances, rv. or permits, the provisi dinance shall control. Sec. 12: Any buildi tered or repaired to th more than fifty per cen value; provided, howei such building is alter to more than fifty per sassed value at the tim( tion or repair such bui form to the restrictioi forth for the zone or i such building- is locate devoted to the storage, reps ir. manu- facture, preparation er treatment of any article, substance or commodity what- soever, and includes buildings used as stables. INDUSTRY: The word "industry" when used in this ordinance means the storage, repair, manufacture, prepara- tion or treatment of any article, sub- stance or commodity whatsoever, and including the operation of stables. LOT: The word "lot" means a parcel of land abutting on at least one street or alley. Where no alley exists, the rear line of a lot having a frontage on two parallel or approximately parallel streets shall be considered as equi-dis- tant from those streets, except where the full length or depth of such lot is less than one hundred twenty-five (125) feet, in which case it shall be deemed one lot. INSIDE LOT: Is a lot with not more than one side abutting upon a dedicated public street, except as above. CORNER LOT: Is a lot with two sides abutting upon two intersecting streets. LOT LINES: The term "lot lines" means the established division lines be- tween parcels of property, public or private. PUBLIC STREETS: The term "pub- lic streets" means the land dedicated to, or condemned for use as public high- way, or established as such by use and designated in the official records of the city as streets. STREET: The word "street" means also Boulevard, Avenue, Placa-Drive, Court, Lane or other thoroughfare dedi- cated to public travel, but not including an alley. mg before the Commission on such ref- erence shall not be considered as part of such ninety day period. Sec. 4: Boundaries of zones or the districts thereof, or the classification of property therein may be amended, re- classified and altered %Nbenever the pub- lic necessity and convenience and the general welfare require. (a) Upon the verified petition of one or more property owners of property proposed to be so changed or reclassi- fied; or (b) By resolution of intention of the City Planning Commission. Upon the filing of such verified petition or the passage of such resolution of intention, the Commission shall set the matter for hearing before a member of said Com- mission or its duly authorized examiner and shall give notice of the time and place of such hearing and the purpose thereof; (1) By posting public notice thereof not less than ten days prior to date of hearing mentioned therein, such notices shall be placed not more than one hun- dred feet apart along both sides of each and every street upon which property proposed to be reclassified abuts and provided that such posting shall extend along said street or streets a distance of not less than three hundred feet from the exterior limits of such properties as are proposed for reclassification. Such notice shall consist of the words "NOTICE OF PROPOSED CHANGE OF ZONE" printed in plain type with letters not less than one and one-half inches in height and in addition thereto, a statement in small type setting forth a description of the property included in the proposed change in zone, and the time and place at which a public hear - may be erected, provided the front wall is not less than twenty (20) feet from the rear wall of the front building; and provided, further, thathe rear wall of .the rear dwelling is not less than ten (10) feet from the rear lot line. It is also further provided that any rear building shall have direct access from the street and that it shall not be through any hallway or portion of the front building. Whenever a single family dwelling is located on the rear of the lot, before the passage of this ordinance, it shall be lawful to erect such permissive build- ings on the front of the lot, provided that such buildings are at least twenty (20) feet away from the existing rear building; and provided, further, that di- rect access to the rear building is main- tained directly from the street, rather than through an existing building or a building to be erected. -;1Vo such dwelling house or any ac- cessory building thereto in said Zone "A" shall be erected to a height greater than thirty-five (35) feet or contain more than three stories. Zone "B" Sec. 7: No building, structure or im- provement shall be erected, constructed, established, altered or enlarged in the "B" Zone which is designated, arranged or intended to be occupied or used and no premises shall be used for any pur- pose other than dwellings, flats, apart- ments, duplexes, courts, fraternity houses, sorority houses, tenements, ho- tels, lodging houses, churches, private clubs, public institutions of an educa- tional, philanthropic or eleemosynary nature (except those rendering treat - meet for physical or mental diseases) or purpose, pro structure or improv( or purpose thereof, by law or ordinance which may be hereaf General n Sec. 11: Except a cially provided, it is n ordinance to modify peal any ordinances, or permits previous] sued pursuant to lay use, management or ings, structures, impr ises; (provided; how this ordinance impo: striction upon the e ment, alteration or buildings than is im by such ordinances, or permits, the prov dinance shall control. Sec. 12: Any bui tered or repaired to more than fifty per e value; provided, hoz such building is al to more than fifty p sessed value at the ti. tion or repair such 1 form to the restrict forth for the zone of such building is loca said Zone Map, exc is issued as provided of; and further prov gregate value of se or additions shall ni the assessed values 1, 1921, or the first value if erected isu date. Sec. 13: In cases conforming use has for a period of six such non-conforminl The word "story" means of a building included be- irface of any floor and the he next floor above it, or io floor above it, then the �n the floor and the ceiling LINE: The term "street the boundary line between jutting property. ' ae word "use" means the which premises or a build- s designed, arranged or in - )r which it is or may be naintained. t order to designate, regu- aiet the location and loca- nerce, business, trades and and the locations of all -signed, arranged or in - special uses, five (5) districts, which shall as "A" Zone, `B" Zone, X Z o n e and "E" Zone, several zones and the dis- h therefor, so far as said e been defined, are hereby and the boundaries of said each of them, are shown if the "Zone Map" of the eim attached hereto, made ,f, and hereby referred to lar description of said dis- �ch of them. ie City Planning Commis - ion the verified petition of V owner filed with said stating fully the grounds ration and all facts relied itioner, recommend to the •ustees conditional excep- of said restrictions estab- s ordinance in any of said tricte. In order to come ovisions of Section 3, three be shown relative to the perty contained in the ap- an exception. .fere are special -circum- )nditions applicable to the operty referred to in the ich exception is necessary =rvation and enjoyment of property right of the pe - ie granting of such excep- be materially detrimental c Welfare, or injurious to or improvements in such ict in which the property is naking of such findings, the may recommend to the ustees that conditional ex - made and the said board nance permit the erection, ,construction or enlarge - building, structure or im- n any of said zones which ,d against sale[building,' improvement n the use nises upon such terms and as said board may deem ,ided that the board shall and and determine from a i and investigation of the ing those stated in said pe- te report of the Commission cial circumstances do exist; ch exception or permit is )r the presex'vation of any property right or rights of Ing on the proposed change will be held; or (2) By mailing a postal card notice not less than ten daye prior to date of such hearing to the owner or owners of all property within the posting area above defined, using for this purpose the last known name and address of such owners as shown upon the records of the City Assessor (or, the Commission may, at its discretion, employ both such methods of serving notice). In case of the granting of a petition, a report of the findings and recommen- datons of the Commission shall be made within thirty (30) days from the filing of said petition and therupon, the find- ings and recommendation thereon shall be tranemitted to the Board of Trustees, and a post card notice mailed of the fact of the rendition of such report to said petitioner and if said findings and recommendation be against the pe- titioner, or if no action is taken by the Commission within such thirty days, he may, within twenty (20) days from the date of action by the Comm!ssioa within twenty (20) days after the expiration of euch thirty (30) days if no report is made by said Commission, appeal to the Board of Trustees by written notice of appeal filed with the City Clerk. Such appeal shall set forth specifically the grounds therefor. If the Board of Trustees deems it necessary or expedient so to do, it may eet the matter for hearing upon such notice to interested parties as it may deem proper and the decision of the Board upon said appeal shall be final and conclusive as to all matters and things involved in said petition. The decision of the Board of Trustees shall be rendered within ninety (90) days after the receipt of a report and recommendation from the Commission or of an appeal from the action of said Commission, as hereinbefore set forth. Sec. 5: FORM OF PETITION. The Commission may, in its rules and regulations, prescribe the form and scope of the formal petition and accom- panying data so ae to secure the fullest practicable presentation of facts for the permanent record provided that any pe- tition for an exception as provided in Section 3, or a change of zone as pro- vided in Section 4, shall include a veri- fication of at least one of the owners of the property petitioned for, attesting to the truth and correctness of all facts and maps presented with said petition. Such verification shall be dated and at- tested to before a Notary Public. '1'84ec. 6: No buildings, structure or improvement shall be erected, con- structed, established, altered or enlarged in the "A" Zone which is designed, ar- ranged or intended to be occupied or used, and oto premises shall be used for any purpose other than a single family dwelling, together with the us- ual accessories located on the same lot or parcel of land, including a private garage containing space for not more than four (4) automobiles, provided that only one such single family dwell- ing house shall be erected, constructed, established, altered or enlarged upon any one lot 6r_ parcel of land, except that accommodations for servants quar- ters may be erected and maintained as part of a garage building, which said a public dining room or restaurant lo- I cated in a hotel, provided that the pub- 1 lie entrance to such dining room or res- taurant is from the lobby of the hotel and further provided that no window or other display or sign is used to ad- vertise such use, and the usual acces- sories located on the same lot or parcel of land with any of said buildings, in- cluding the office of a physician, dentist, or other person authorized by law to i practice medicine or other forms of heal- ing where the home of said physician, dentist or healer is in connection there- with, and including private garage con- taining necessary and convenient space for automobiles, as eet forth in the buildng code, or for any purpose per- mitted by this ordinance in Zone "A," no such building, structure or improve- ment shall be erected to a height greater than sixty (60) feet nor in any event shall such structure contain more than four (4) stories provided that where the main surface of the lot is five feet or more above the curb level, the heighth measurement shall be made from the main level of the ground covered by the building. Zone "C" Sec. 8: No building, structure or im- provement shall be erected, constructed, established, altered or enlarged in the, "C" Zone which is designed, arranged or intended to be occupied or used, and no premises shall be used for any purpose other than a store or shop for the con- duct of a wholesale or retail business, a place- of amusement, an office or of - flees, 'studios (except motion picture), conservatories, dancing academies, car- penter shop, paint, paper hanging and decorating store, dressmaker, laundry using not to exceed five horsepower, millinery store, photograph gallery, plumbing shop, furniture storage, tailor, tinsmith, undertaker, hospitals and sani- tariums ,upholsterer, commercial gar- ages, automobile service stations, auto laundries, meat markets, which may slaughter and dress poultry and rabbits, but may not slaughter other animals, and other similar uses; or for any pur- pose permitted by this ordinance in Zone "A" and Zone "B." Zone "D" Sec. 9: No building, structure or im- provement shall be erected, constructed, established, altered or enlarged in the "D" Zone which ie designed, arranged or intended to be occupied or used and no premises shall be used for any of the following specified trades, industries or purposes; auto wrecking and used parts storage (except in a building or in an enclosure at least .eight feet high and of such material as is permissible in the district in which same is allowed), am- monia, clorine or bleaching powder manufacture; asphalt manufacture or refining; brick and tile terra cotta man- ufacture or storage; boiler works, creo- sote treatment or manufacture; crema- tory, distillation of coal, wood or bones; fat rendering; fertilizer manufacture; gas (illuminating or heating) manu- facture; glue manufacture; gun pow- der, fireworks or explosive manufacture and storage; incineration or reduction of garbage, offal, dead animals or re- fuse; iron foundry, a lamp black manu- facture; lime, cement and piaster of again be permitted, unless the area t' upon which the building stands has first been re -zoned. Sec. 14: Buildings used in a non- conforming manner must continue to be used for the same purpose as they were used at the time of the passage of this ordinance, not according to the L classification of non -conformity, but, rather, according to the actualuse in existence at the time of the passage of this ordinance. Buildings used for j grocery stores may be used only for grocery store purposes and not for a general classification known as busi- ness uses. Sec. 15: All departments, officials or public employees, vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provision of this ordi- nance and issue no such license or per. mit for uses, buildings or purposes where the same would be in conflict with the provisions of this ordinance and any such license or permit, if issued in conflictl\,vith the provisions of this ordinance, shall be null and void. Sec. 16: Any person, firm or cor- poration violating any of the provi- sions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable . by a fine of not more than three hun- dred ($300.00) dollars, or by imprison- ment in the City Jail for a period of not more than ninety (90) days, or by both such fine and imprison- ment. Each person, firm or corpora- tion shall be deemed guilty of a sep- arate offence for every day during any portion of which any violation of any provision of this ordinance is commit- ted, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this ordinance. Sec. 17: Where uncertainty exists with respect to the boundaries of zones as shown on said Zone Map, the fol- lowing rules shall apply: (a) The zone boundaries are either ;streets or alleys unless otherwise shown, and where the colors or hatch- ing on said Zone Map are approxi- III irately bounded by street or alley line, said street or alley shall be construed to be the boundary of such zone. (b) Where the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be con- strued to be lot lines, and where the oolors or hatching on said Zone Map are approximately bounded by 10t�ine5 said lot lines shall be construed to be Lhe boundary of such zone. (c) In unsuhdivided property, the ;ori; bsanda - lines oil :vii ( 70n, m: p contamea to the ap :ceptiori. are special circum - ons applicable to the y referred to in the exception is necessary on and enjoyment of erty right of the pe- Lnting of such excep- iaterially detrimental [fare, or injurious to nprovements in such which the property is of such findings, the recommend to the that conditional ex - and the said board permit the erection, ruction or enlarge ing, structure or im- of said zones which inst said building, ovement or the use ipon such terms and id board may deem ;hat the board shall id determine from a investigation of the )se stated in said pe- rt of the Commission ,cumstances do exist; ,eption or permit is preservation of any ;y right or rights of (3) that the granting' ill not be materially public welfare or in- )perty and improve- or district thereof. f such petition, the nake its findings and ,reon within thirty nd mail a post card of the rendition of .id petitioner. If the A, then the Commis - its findings and re - the Board of Trus- ion is disapproved, hin twenty days from by said Commission, trd of Trustees by appeal filed with the appeal shall set forth grounds therefor and e referred to the City Sion for reconsidera- et instance, or if the s deems it necessary o so, it may set the ig upon such notice :ies as it may deem ecision of the Board hall be rendered with - :)in the date of such so rendered, eu�h fnp- med denied, but the such matter is pend- imission on such ref - )e considered hs=firt period. .ries of zones or the r the classification of nay be amended, re- ed whenever the pub - convenience and the quire. erified petition of one owners of property changed or reclassi- on of intention of the mmission. Upon the Ifled petition or the solution of intention, ,all set the matter for nember of said Cam - authorized examiner Mice of the time and ring and the purpose vi all aiipeai irurn the acnon of saia Commission, as hereinbefore set forth. Sec. 5: FORM OF PETITION. The Commission may, in its rules and regulations, prescribe the form and scope of the formal petition and accom- panying data so as to secure the fullest practicable presentation of factsfor the Permanent record provided that any pe- tition for an exception as provided in Section 3, or a change of zone as pro- vided in Section 4, shall include a veri- fication of at least one of the owners of the property petitioned for, attesting to the truth and correctness of all facts and maps presented with said petition. Such verification shall be dated and at- tested to before a Notary Public. ,Sec. 6: No buildings, structure or improvement shall be erected, con- structed, established, altered or enlarged in the "A" Zone which is designed, ar- ranged or intended to be occupied or used, and �to,_,prernises shall be used for any purpose other than a single family dwelling, together with the us- ual accessories located on the same lot or parcel of land, including a private garage containing space for not more than four (4) automobiles„ provided that only one such single family dwell- ing house shall be erected, constructed, established, altered or enlarged upon any one lot or parcel of land, except that accommodations for servants quar- ters may be erected and maintained as part of a garage building, which said lot or parcel of 'land shall not be les than forty (40) feet in width, other pro- visions of this ordinance to the con- trary notwithstanding, and provided that the above provisions pertaining to the minimum width of lots in said "A" Zone shall not apply to any lot officially recorded in a map or plat in the office of the County Recorder of Orange county; prior to (insert date of adop- tion) ; provided further, however, that no such single family dwelling shall be erected, constructed, established, alter- ed or enlarged upon any portion or por- tions of such recorded lot or lots as shown upon any official map or plat re- corded in the office of the County Re- corder of Orange county, unless such portion or portions of such lot or lots shall be not less than forty (40) feet in width and provided that if such lot shall contain more than ten thousand (10,000) square feet of area then such additional single family dwellings and their ac- cessories may be erected, established and maintained on such lot provided that all such dwellings and their ac- cessories shall not cover more than thirty (30) percentum of the total area of such lot, provided that there shall not be less than 5,000 square feet of lot area for each dwelling. Except on corner lots duly recorded, which are deeper than one hundred�, (100) feet, a rear single family residence may be erected, provided the front wall is not less than twenty (20) feet from the rear wall of the front building; and provided, further, that\the rear wall of ,the rear dwelling is not less than ten (10) feet from the rear lot line. It is also further provided that any rear building shall have direct access from the street and that it shall not be through any hallway or portion of the front building. Whenever a single family dwelling is located on the rear of the lot, before the passage of this ordinance, it shall be lawful to erect such permissive build- ings on the front of the lot, provided that such buildings are at least twenty (20) feet away from the existing rear building; and provided, further, that di- rect access to the rear building is main- tained directly from the street, rather than through ail existing building or a tinsmith, undertaker, hospitals and sani- tariums ,upholsterer, commercial gar- ages, automobile service stations, auto laundries, meat markets, which may slaughter and dress poultry and rabbits, but may not slaughter other animals, and other similar uses; or for any pur- pose permitted by this ordinance in Zone "A" and Zone "B." Zone "D" Sec. 9: No building, structure or im- provement shall be erected, constructed, established, altered or enlarged in the "D" Zone which is designed, arranged or intended to be occupied or used and no premises shall be used for any of the following specified trades, industries or purposes; auto wrecking and used parts storage (except in a building or in an enclosure at least .eight feet high and of such material as is permissible in the district in which same is allowed), am- monia, clorine or bleaching powder manufacture; asphalt manufacture or refining; brick and tile terra cotta man- ufacture or storage; boiler works, creo- sote treatment or manufacture; crema- tory, distillation of coal, wood or bones; fat rendering; fertilizer manufacture; gas (illuminating or heating) manu- facture; glue manufacture; gun pow- der, fireworks or explosive manufacture and storage; incineration or reduction of garbage, offal, dead animals or re- fuse; iron foundry, a lamp black manu- facture; lime, cement and plaster of Paris manufacture, paint manufacture (mixing exempt) ; petroleum pumping, refining and storage; pickle, sauerkraut, sausage or vinegar manufacture; rail- road yard or roundhouse; rawhides and skins, curing and tanning; rolling mill, scrap iron, junk or rags storage or bail- ing; slaughter of animals except fowls and rabbits; smelting of iron; soap soap manufacture; stock yards; stone mill and quarry; plants for the crush- ing, storage, or distribution of rock, sand or gravel; sulphurous, sulphuric, nitric or hydrochloric acid manufacture; tal- low, grease and lard manufacture and refining, tar roofing or tar waterproof- ing manufacture; tobacco (chewing) manufacture; or similar obnoxious pur- Any building or structure designed to be used for any other trade or busi- ness, or for purposes of storage, indus- try, commerce or residence of any kind, may be erected in said "D" Zone, if not prohibited by law or ordinance now in force or which may be hereafter en- acted. Zone "E" Sec. 10: Any building, structure or improvement may be erected, con- structed, etsablihsed, altered or enlarged and any premises may be used in the "E" Zone without retsriction as to its design, arrangement or intended use or purpose, provided such building, structure or improvement, or the use or purpose thereof, is not prohibited by law or ordinance now in force, or which may be hereafter enacted. General Provislons Sec. 11: Except as hereinafter spe- cially provided, it is not intended by this ordinance to modify or abrogate or re- peal any ordinances, rules, regulations or permits previously adopted or is- sued pursuant to law, relating to the use, management or conduct of build- ings, structures, improvements or prem- ises; ;provided; however, that where this ordinance imposes-A—.greater re- striction upon the erection, establish- ment, alteration or, - enlargement of buildings than is imposed or required by such ordinances, rules, regulations or permits, the provisions of this or- dinance shall control. Sec. 12: Any building may be al- tered or repaired to the extent of not more than fifty per cent of its assessed conviction thereof shall be punishable by a fine of not more than three hun- dred ($300.00) dollars, or by imprison- ment in the City Jail for a period of not more than ninety (90) days, or by both such fine and imprison- ment. Each person, firm or corpora- tion shall be deemed guilty of a sep- arate offence for every clay during any portion of which any violation of any provision of this ordinance is commit- ted, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this ordinance. Sec. 17: Where uncertainty exists with respect to the boundaries of zones as shown on said Zone Map, the fol- lowing rules shall apply: (a) The zone boundaries are either (streets or alleys unless otherwise shown, and where the colors or hatch- ing on said Zone Map are approxi- mately bounded by street or alley line, said street or alley shall be construed to be the boundary of such zone. (b) Where the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be con- strued to be lot lines, and where the colors or hatching on said Zone Map are approximately bounded by lot lines. said lot lines shall be construed to be she boundary of such zone. (c) In unsubdivided property, the zone boundary lines on said zone map shall be determined by the scale con- tained on such map, and where un- certainty exists the zone boundary line shall be determined by the City Plan- ning Commission upon written appli cation, from said Zone Map, and records thereof kept on file in the office of the City Planning Commission. (d) Where the zone boundaries fol- low approximately the rear piopgrt.11�1; , line or alley line parallel to any street; the said rear property line of property fronting such street, or the said al- ley line, if there be such, shall con- stitute the zone boundary provided that no such rear property line shall be employed as said zones{ boundary if said line be farther from the front par- allel street line than shown by the scale of measurement upon said map. Sea 18: If any section, subsection, sentence, clause or phrase of this or- dinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jur- isdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Board of Trus- tees of the City of Anaheim hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be de- clared invalid or unconstitutional. Sec. 19: The City Clerk shall cer- tify to the passage of this ordinance and shall cause the same to be printed and published once in the Anaheim Ga- zette, a newspaper of general circu- lation, printed published and circulated in said city, and thirty (30) days from and after its final passage it shall take effect and be in full force. The foregoing Ordinance is approved, signed and attested by me this 9th day of August, 1929. L. E. MILLER, Mayor of the, City of Anaheim. (SEAL) Attest: EDWARD B. MERRITT, City Clerk of the City of :Anaheim. STATE OF CALIFORNIA, 1 COUNTY OF ORANGE, i ss. CITY OF ANAHEIM, J T. Edward B. Merritt. City Clerk of the City of Anaheim, d, rerebly cer- trage containing space for not more tan four (4) automobiles„ provided tat only one such single family dwell- gg house shall be erected, constructed, ;tablisbed, altered or enlarged upon ny one lot 5r parcel of land, except tat accommodations for servants quar- trs may be erected and maintained as in of a garage building, which said �t or parcel of land ehall not be leas, tan forty (40) feet in width, other pro- isions of this ordinance to the con- ,ary notwithstanding, and provided tat the above provisions pertaining to to minimum width of lots in said "A" ane shall not apply to any lot officially ,corded in a map or plat in the office C the County Recorder of Orange aunty; prior to (insert date of adop- on) ; provided further, however, that D such single family dwelling shall be -ected, constructed, established, alter - I or enlarged upon any portion or por- one of such recorded lot or lots as sown upon any official map or plat re- )rded in the office of the County Re- )rder of Orange county, unless such ortion or portions of such lot or lots i iaii be not less than forty (40) feet in idth and provided that if such lot shall tntain more than ten thousand (10,000) luare feet of area then such additional ngle family dwellings and their ac- essories may be erected, established nd maintained on such lot provided tat all such dwellings and their ac- ,ssories shall not cover more than arty (30) percentum of the total area such lot, provided that there shall A be less than 5,000 square feet of lot rea for each dwelling. Except on corner lots duly recorded, ,hich are deeper than one hundred 100) feet, a rear single family residence toy be erected, provided the front wall t not less than twenty (20) feet from 1e rear wall of the front building; and rovided, further, thathe rear wall of ie rear dwelling is not less than ten 10) feet from the rear lot line. It is Iso further provided that any rear uilding shall have direct access from le street and that it ehall not be Trough any hallway or portion of the ,ont building. Whenever a single family dwelling t located on the rear of the lot, before he passage of this ordinance, it shall e lawful to erect such permissive build- ngs on the front of the lot, provided hat such buildings are at least twenty 20) feet away from the existing rear wilding; and provided, further, that di- ect access to the rear building is main- ained directly from the street, rather ban through an existing building or a wilding to be erected cavo such dwelling house or any ac- :essory building thereto in said Zone 'A" shall be eructed to a height greater ban thirty-five (35) feet or contain nore than three stories. Zone 'B" Sec. 7: No building, structure or im- movement shall be erected, constructed, established, altered or enlarged in the 'B" Zone which is designated, arranged )r intended to be occupied or used and no premises shall be used for any pur- pose other than dwellings, flats, apart- ments, duplexes, courts, fraternity houses, sorority houses, tenements, ho- tels, lodging houses, churches, private clubs, public institutions of an educa- tional, philanthropic or eleemosynary nature (except those rendering treat- ment for physical or mental diseases) tory, distillation of coal, wood or bones; fat rendering; fertilizer manufacture; gas (illuminating or heating) Manu- facture; glue manufacture; gun pow- der, fireworks or explosive manufacture and storage; incineration or reduction of garbage, offal, dead animals or re- fuse; iron foundry, a lamp black manu- facture; lime, cement and piaster of Paris manufacture, -paint manufacture (mixing exempt) ; petroleum pumping, refining and storage; pickle, sauerkraut, sausage or vinegar manufacture; rail- road yard or roundhouse; rawhides and skins, curing and tanning; rolling mill, scrap iron, junk or rags storage or bail- ing; slaughter of animals except fowls and'rabbits; smelting of iron; soap soap manufacture; stock yards; stone mill and quarry; plants for the crush Ing, storage, or distribution, of rock, sand' or gravel; sulphurous, sulphuric, nitric or hydrochloric acid manufacture; tal- low, grease and .lard -manufacture and refining, tar roofing or tar waterproof- ing manufacture; tobacco (chewing) manufacture; or similar obnoxious pur- Any building or structure designed to be used for any other trade or buei- ness, or for purposes of storage, indus- try, commerce or residence of any kind, may be erected in said "D" Zone, if not prohibited by law or ordinance now in force or which may be hereafter en- acted. Zone "E" Sec. 10: Any building, structure or improvement may be erected, con- structed, etsablihsed; altered or enlarged and any premises may be used in the "E" Zone without retsriction as to its design, arrangement or intended use or purpose, provided such building, structure or improvement, or the use or purpose thereof, is not prohibited by lav or ordinance now in force, or which may be hereafter enacted. - General Provisions Sec. 11' Except as hereinafter spe- cially -provided, it is not intended by this ordinance to modify or abrogate or re- peal any ordinances, rules, regulations or permits previously adopted or is- sued pursuant to law, relating to the use, management or conduct of build- ings, structures, improvements or prem- ises; !provided; however, that where this ordinance impQses rater re- striction upon the erection, 'establish= ment, alteration or-•,Yenlargement of buildings than is imposed or required by such ordinances, rules, regulations or permits, the provisions of this or- dinance shall control. Sec. 12: Any building may be al- tered or repaired to the extent of not more than fifty per cent of its assessed value; provided, however, that If any such building is altered or repaired to more than fifty per cent of its as- sessed value at the time of such altera- tion or repair such building shall con- form to the restrictions h e'� e i n set forth for the zone or district n which such building is located shown on said Zone Map, except where permit is issued as provided in Section 3 there- of; and further, provided that the ag- gregate value of separate alterations or additions shall not exceed 50a/c of the assessed values as df November 1, 1921, or the first recorded assessed value if erected isubsequent to said date. Sec. 13: In cases w h e r e a non- conforming use has been -abandoned for a period of six months or more, such non -conforming uses shall not where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be con- strued to be lot lines, and where the colors or hatching on said Zone Map are approximately bounded by lot ;tines, said lot lines shall be construed to be the boundary of such zone. (c) In unsubdivided property, the zone boundary lines on said zone map shall be determined by the scale con- tained on such map, and where un- certainty exists the zone boltndary line shall be determined by the City Plan- ning Commission upon written appli- cation, from said Z o n e M a p and reeords thereof kept on file in- the office of the City Planning Commission. (d) Where the zone boundarieg.TGI- low approximately the rear' pr� v line -or alley line parallel to any strut~ the said rear property line of property fronting such street, or the said al- ley line, if there be such, shall con- stitute the zone boundary provided that no such rear property line shall be employed as said zonE boundary if said line be farther from the front par- allel street line than shown by the scale of measurement upon said map. Sec. 18: If any section, subsection, sentence, clause or phrase of this or- dinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jur- isdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Board of Trus- tees of the City of Anaheim hereby declares that it would have passed this ordinance, and each section, subsection, \X sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be de- clared invalid or unconstitutional. Sec. 19: The City Clerk shall cer- tify to the passage of this ordinance and shall cause the same to be printed and published once in the Anaheim Ga- zette, a newspaper of general circu- lation, printed published and circulated in said city, and thirty (30) days from and after its final passage it shall take effect and be in full force. The foregoing Ordinance is approved, signed and attested by me this 9th day of August, 1928. L. E. MILLER, Mayor of the,City of Anaheim. (SEAL) Attest: EDWARD B. MERRITT, City Clerk of the City of Anaheim. STATE OF CALIFORNIA, l CQi31�TY:.OF ORANGE, ss. CITY OF ANAHEIM, I, Edlyard',3, Merritt, City Clerk of .tttg E Y of Anaheim, do hereby cer- tify that the foregoing Ordinance was passed and 'adopted at a regular meet- ing of the City Council of the City of Anaheim held on the 9th day of August, 1928; by the following vote: y AYES: Trustees M i l l e r, Grafton, Lakeman and Franzen. NOES: Trustees: None. ABSENT AND NOT VOTING: Trus- tee Leonard. And Ir further certify that the Mayor of the City of Anaheim approved and signed said Ordinance on the 9th day of August, 1928. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said City this 9th day of August, 1928. EDWARD B. MERRITT, City Clerk- of the City of An4lltim, (SEAL) ORDI14AIICE 110. S/ / ( ) An Ordinance providing for the creation in the City of Anaheim of five (5) zones, consisting of various districts and prescribing the classes of buildings, structures and improvements in several zones and the use bf such buildings, structures, im- provements and premises; the heights of buildings and the area of lot covered thereby; defining the terms used herein, pre- scribing the penalty for the violastion of the provisions hereof and. repealing certain ordinances. The Board of Trustees of the City of Anaheim do ordain as follows: DEFII,ITIONS. Sec. l: For the purpose of this ordinance, certain terms used herein are defined as follows: All words used in the present tense shall include the future; all words in the plural number shall include the singular number and all words in the singular number shall include the plural number; the word "lot" includes the word "plot". ALLEY: The word "alley", when used in this ordinance, means a public way intersecting a block or portio# of a block, and desig- nated on the Zone Map hereinafter referred to. 0 ACCESSORY: The word "accessory" means a subordinate building or portion of main building, the use of which is incidental to that of the main building and located on the same lot or parcel of land. AREA OF LOT: The area of a lot shall be determined from the dimensions of the boundaries of a lot except where such lot abuts upon one of more alleys, in whidh case one-half the width of the alleys opposite the lot that abuts thereon may be included in the -1- area of such lot. APARTMENT: The word "apartment" means a room or suite of two or more rooms in a tenement or apartment house, occupied or suitable for occupancy as a residence for one family doing its own cooking on the premises. COISSION: The word "com nission" means the City Planning Commission. BUILDING: The word "building" means a structure for the sup— port, shelter or enclosure of persons, animals or chattels; and when separated by division walls of masonry from the ground up and without openings, then each portion of such building shall be deemed a spearate building. BUSINESS OR COi.IERCE: The word "business" and the word "dommercel" means the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity for profit or livelihood, or the ownership or management of office buildings, offices, recreational or amusement enterprises. DISTRICT: The word "district" means an entire city block, any part thereof, or two or more contiguous blocks. INDUSTRIAL BUILDING: The term "industrial building" means a building devoted to the storage, repair, manufacture, preparation or treatment of any article, substance or commodity whatsoever, and includes buildings used as stables. INDUSTRY: The word "industry" when used in this ordinance means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity whatsoever, and including the operation of stables. LOT: The word "lot" means a parcel of land abutting on at least one street or alley. Where no alley exists, the rear line of a lot having a frontage on two parallel or approximately parallel streets shall be considered as equi—distant from those streets. —2— except where the full length or depth of such lot is less than one hundred twenty-five (125) feet, in which case it shall be deemed one lot. INSIDE LOT: is a lot with not more than one side abutting upon a dedicated public street, except as above. CORNER LOT: is a lot with two sides abutting upon two in- tersecting streets. LOT LINES: The term "lot lines" means the established division lines between parcels of property, public or private. PUBLIC STREETS: The term "public streets" means the land dedicated to, or condemned for use as public highway, or established as such by use and designated in the official records of the City as streets. STREET: The word "street" means also Boulevard, Avenue, Place, Drive, Court, Lane or other thoroughfare dedicated to public travel, but not including an alley. STORY: The word "story" means that portion of a building in- cluded between the surface of any floor and the surface of the next floor abogc it, or if there be no floor above it, then the space between the floor and the ceiling next above it. STREET LINE: The term "street line" means the baundary line between street and abutting property. USE: The word "use" means the purpose for which premises or a building therein is designed, arranged or intended, or .for which it is or may be occupied or maintained. SES. 2: In order to designate, regulate and restrict the location and locations of commerce, business, trades and enter- prises, and the locations of all buildings designed, arranged or intended for special uses, five (5) classes of districts, which shall be knows as "A" Zone, "B" Zone, "C" Zone, "D# Zone and "E"'Zone, which said several zones and the districts of each -3- therefor, so far as said districts have been defined, are hereby established; and the boundaries of said districts and each of them, axe shown upon parts of the "Zone Map" of the City of Anaheim at- tached hereto, made a pax -14, hereof, and hereby referred to for a particular description of said districts, and each of them. Sec. 3: The City Planning Commission may, upon the verified petition of any property owner filed with said Commission, stat- ing fully the grounds of the application and all facts relied upon by petitioner, recommend to the Board of Trustees conditional ex- ceptions to any of said restrictions established by this ordinance in any of said zones or districts. In order to come within the provisions of Section 3, three things must be shown relative to the parcel of property contained in the application for an exception. 1. That there are special circumstances or conditions appli- cable to the parcel of property referred to in the application; 2. That such exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; 3. That the granting of such exception will not be materially detrimental to the Public Welfare, or injurious to the property or improvements in such zone or district in which the property is located. Upon the making of such findings, the Commission may recommend to the Board of Trustees that conditional exceptions be made and the said Board may by ordinance permit the erection, alteration, recons trudtion or enlargement of any building, structure or improve- ment in any of said zones which are restricted against said build- ing, structure or improvement or the use of such premises upon such terms and conditions as said Board: may deem proper, provided that the Board shall specifically find and determine from a con- -4- sideration and investigation of the facts, including those stated in --said petition and the report of the Commission that (1) special circumstances do exist; (2) that such excelbtion or permit is necessary for the preservation of any substantial property right or rights of the petitioner; and (3) that the granting of said petition will not be materially detrimental to the public welfare or injurious to the property and improvements in said zone or dis- trict thereof. Upon the filing of such petition, the Commission shall make its findings and determination thereon within thirty days thereafter and mail a post card notice of the fact of the r6ndition of such report to said petitioner. If the petition is approved, then the Commission shall forward its findings and re- commendations to the Board of Trustees. If the petition is dis- approved, petitioner may, within twenty days from the date of action by said Commission, appeal to the Board of Trustees by written notice of appeal filed with the City Clerk, Such appeal shall set forth specifically the grounds therefor and said appeal may be referred to the City Planning Commission for reconsideration as in the first instance, or if the Board of Trustees deems it necessary or expedient to do so, it may set the matter for hearing upon such notice to interested parties as it may deem proper, an:: the decision of the Board upon said appeal shall be rendered within ninety days 'from the date of such appeal, and if not so rendered, such appeal shall be deemed denied, but the time during which such matter is pending before the Commission on such reference shall not be considered as part of such ninety day period. Sec. 4: Boundaries of zones or the districts thereof, or the classification of property therein may be amended, reclassified and altered whenever the public necessity and convenience and the general welfare require. -5- (a) Upon the verified petition of one or more property owners of property proposed to be so changed or reclassified; or (b) By resolution of intention of the City Planning Commission. Upon the filing of such verified petition or the passage of such resolution of intention, the Commission shall set the matter for hearing before a member or members of said Commission or its duly authorized Examiner and shall give notice of the time and place of such hearing and the purpose thereof; (1) By posting public notice thereof not less than ten days prior to date of hearing mentioned therein, such notices shall be placed not more than one hundred feet apaxt along both sides of each and every street upon which property proposed to be reclassified abuts and provided that such posting shall extend along said street or streets a distance of not less than three hundred feet 'from the exterior limits of such properties as are proposed for reclassifica- tion. Such notice shall consist of the words "NOTICE OF PROPOSED CHANGE OF ZONE" printed in plain type with letters not less than one and one-half inches in height and In addition thereto, a state- ment in small type setting forth a description of the property in- cluded in the proposed change in zone, and the time and place at which a public hearing on the proposed change will be held; or (2) By mailing a postal card notice not less than ten days prior to date of such hearing to the owner or owners of all property within the p6sting area above defined, using for this purpose the last known name and address of such owners as shown upon the records of the City Assessor (or, the Commission may, at its discretion, employ both such methods of serving notice). In case of the granting of a petition, a report of the findings and recommendations of the Commission shall be made within thirty (30) days from the filing of said petition and thereupon, the find- -6- ings and recommendation thereon shall be transmitted to tUe Board of Trustees, and a post card notice mailed of the fact of the rendition of such report to said petitioner and if said findings and recommendation be against the petitioner, or if no action is taken by the Commission within such thirty days, he may, within twenty (20) days from the date of action by the Commission within twenty (20) days after the expiration of such thirty (30) days if no report is made by said Commission, appeal to the Board of Trustees by written notice of appeal filed with the City Clerk. Such appeal shall set forth specifically the grounds therefor. If the Board of Trustees deems it necessary or expedient so to do, it may set the matter for hearing upon such notice to interested parties as it may deem proper and the decision of the Board upon said appeal shall be final and conclusive as to all matters and things involved in said petition. The decision of the Board of Trustees shall be rendered within ninety- (090) days after the receipt of a report and re- commendation from the Commission or of an appeal from the action of said Commission, as hereinbefore set forth. Sec. 5: FORM OF PETITION. The Commission may, in its rules and regulations, prescribe the form and scope of the formal petition and accompanying data so as to assure the fullest practicable presentation of facts for the permanent record provided that any petition for an exception as provided in Section 3, or a change of zone as provided in Section 4, shall include a verification of at least one of the owners of the property petitioned for, attesting to the truth and correctness of all facts and maps presented with said petition. Such verification shall be dated and attested to before a Notary Public. -7- Sec. 6: No buildings, structure or improvement shall be erected, constructed, established, altered or enlarged in the "A" Zone which is designed, arranged or intended to be occupied or used, and no premises shall be used for any purpobe other than a single family dwelling, together with the usual accessories located on the same lot or parcel of land, including a private garage contain- ing space for not more than four (4) automobiles, provided that only one such single family dwelling house shall be erected, con- structed, established, altered or enlarged upon any one lot or parcel of land, except that accomodations for servants quarters may be erected and maintained as part of a garage building, which said lot or parcel of land shall not be less than forty (40) feet in width, other provisions of this ordinance to the contrary notwith- standing, and provided that the above provisions pertaining to the minimum width of lots in said "A" Zone shall not apply to any lot officially recorded in a map or plat in the office of the County Recorder of Orange County; prior to (insert date of adoption); provided further, however, that no such single family dwelling shall be erected, constructed, established, altered or enlarged upon any portion or portions of such recorded lot or lots as shown upon any official map or plat recorded in the office of the County Recorder of Orange County, unless such portion or portions of such lot or lots shall be not less than forty (40) feet in width and provided that if such lot shall contain more than ten thousand (10,000) square feet of area then such additional single family dwellings and their accessories may be erected, established and maintained on such lot provided that all such dwellings and their accessories shall not cover more than thirty (30) percentum of the total area of such lot, provided that there shall not be less than 5,000 square feet of lot area for each dwelling. Except on corner lots duly recorded, which are deeper than .�:� one hundred (100) feet, a rear single family residence may be erected, provided the front wall is not less than twenty (20) feet from the rear wall of the front building; end provided, further, that the rear wall of the rear dwelling is not less than ten (10) feet from the rear lot line. It is also further provided that any rear building shall have direct access from the street and that it shall not be through any hallway or portion of the front building. Whenever a single family dwelling is located on the rear of the lot, before the passage of this ordinance, it shall be lawful to erect such permissive buildings on the front of the lot, pro- vided that such buildings,are at least twenty (20) feet away from the existing rear building; and provided, further, that direct access to the rear building is maintained directly from the street, rather than through an existing building or a building to be erected. No such dwelling house or any accessory building thereto in said Zone "A" shall be erected to a height greater than thirty five (35) feet or contain more than three stories. Z ONE "B" Sec. 7: No building, structure or improvement shall be erected, constructed, established, altered or enlarged in the AB" Zone which is designated, arranged or intended to be occupied or used and no premises shall be used for any purpose other than dwellings, flats, apartments, duplexes, courts, fraternity houses, sorority houses, tenements, hotels, lodging houses, churches, private clubs, public institutions of an educational, philanthropic or eleemosynary nature (except those rendering treatment for physical or rental diseases) a public dining room or restaurant located in a hotel, provided that the public entrance to such dining room or restaurant is from the lobby of the hotel end further provided that no window or other display or sign is used to advertise such use, and the usual acces- sories located on the same lot or parcel of land t,.,ith any of said buildings, including the offive of aphysician, dentist, or other I. 9 person authorized by law to practice medicine or other forms, of healing where the home of said physician_, dentist or realer is in connection therewith, and including private garage containing nec— essary and convenient space for automdbiles, as set forth in the building code, or for any purpose permitted by this ordinance in Zone "A", no such building, structure or improvement shall be erected to a heighth greater than sixty (00' feet nor in any event shall such structure contain more than four stories provided that where the main surface of the lot is five feet or more above the curb level, the heighth measurement shall be made from the main level of the ground covered by the building. Z ONE "C" Sec. 8: No building, structure or improvement shall be erected, constructed, established, altered or enlarged in the "C" Zone which is designed, arranged or intended to be occupied or used, and no premises shall be used for any purpose other than a store or shop for the conduct of a wholesale or retail business, a place of amusement, an office or offices, studios (except motion picture , conservatories, dancing academies, carpenter shop, paint, paper hanging and decorating store, dressmaker, laundry using not to exceed five horsepower, millinery store, photograph gallery, plumbing shop, furniture storage, tailor, tinsmith, undertaker, hospitals and sanitariums, upholsterer, commercial garages, auto- mobile service stations, auto laundries, meat markets, which may slaughter and dress poultry and rabbits, but may not slaughter other animals, and other similar uses; or for any purpose per- mitted by this ordinance in Zone "A" and Zone "B". -10- ZONE "D" Sec. 9: No building, structure or improvement shall be erected, constructed, established, altered or enlarged in the Zone which is designed, arranged or intended to be occupied or used and no premises shall be used for any of the following specified trades, industries or purposes; auto wrecking and used at least eight feet hi h and of such material as is , parts storage (exce?Ot in a. bui .ding or td 4m enclosurenpermzssible in the district in which same is allowed), ammonia, clorine or bleaching powder manufacture; asphalt manufacture or refining; brick and tile terra cotta manufacture or.storage; boiler works, creosote treatment or manufacture; crematory, distillation of coal, wood or bones; fat rendering; fertilizer manufacture; gas ( illuminating or heating) manufacture; glue manufacture; gun powder, fireworks or explosive manufacture and storage; inciner- ation or reduction of garbage, offal, dead animals or refuse; iron foundry, a lamp black manufacture; lime, cement and plaster of Paris manufacture, paint manufacture (mixing exempt); petroleum pumping, refining and storage; pickle, sauerkraut, sausage or vinegar manufacture; railroad yard or roundhouse; rawhides and skins, curing and tanning; rolling mill, scrap iron, junk or rags �Y storage or bailing; slaughter of animals except fowls and rabbits; smelting of iron; soap manufacture, stock yards; stone mill and quarry; plants for the crushing, storage or distribution of rock, sand or gravel; sulphurous, sulphuric, nitric or hydrochloric acid manufacture; tallow, grease and lard manufacture and refining, tar roofing or tar waterproofing manufacture; tobacco (chewing) manufacture; or similar obnoxious purposes. Any building or structure designed to be used for ary other trade or business, or for purposes of storage, industry, commerce or residence of any kind, may be erected in said "D" Zone, if not -11- prohibited by law or ordinance now in force or which may be hereafter enacted. Z ONE "E !' Sec. 10: Any building, structure or improvement may be erected, constructed, established, altered or enlarged and any premises may be used in the "EO Zone without restriction as to its design, arrangement or int8nded use or purpose, provided such building, structure or improvement, or the use or purpose thereof, is not prohibited by law or ordinance now in force, or which may be hereafter enacted. GENERAL PROVISIONS Sec. 11: Except as hereinafter specially provided., it is not intended by this ordinance to modify or abrogate or repeal any ordinances, rules, regulations or permits previously adopted or issued pursuant to law, relating to the use, management or conduct of buildings, structures, improvements or premises; pro- vided, however, that where this ordinance imposes a greater re- striction upon the erection, establishment, alteration or enlarge- ment of buildings than is imposed or required by such ordinances, rules, regulations or per�.zits, the provisions of this ordinance shall control. Sec. 12: Any building ::lay be altered or repaired to the ex- tent of not more than fifty per cent of its assessed. value; pro- vided, howevdr, that if any such building is altered or repaired to more than fifty per cent of its assessed value at the time of such alteration or repair such building shall conform to the re- strictions herein set forth fdr the zone or district in which such building is located as shown on said Zone krap, except where permit is issued as provided in Section 3 thereof: and further provided -12- that the aggregate value of separate alterations or additions shall not exceed 50d% of the assessed values as of November 1, 1921 or the first recorded assessed. value if erected subsequent to said date. Sec. 13: In cases where a non -conforming use has been abandoned for a period of six months or more, such nonconform- ing uses shall not again be permitted, unless the area upon which the building stands has first been re -zoned. Sec. 14: Buildings used in a non -conforming manner must continue to be used for the same purpose as they were used at the time of the passage of this ordinance, not according to the clas- sification of non -conformity, but, rather, according to the actual use in existence at the time of the passage of this ordinance. Buildings used for grocery stores may be used only for grocery store purposes and not for a general classification known as busi- ness uses. Sec. 15: All departments, officials or public employees, vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provision of this ordinance and issue no such license or permit for uses, buildings or purposes where the same would be in conflict with the provi- sions of this ordinance and any such license or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. Sec. 16: Any person, firm or corpdration violating any of the provisions of this ordinance shall be deemed guilty of a. misdemeanor, and upon conviction thereof shall be punishable.by a fine of not more than three hundred (4300.00) dollars, or by imprisonment in the City Jail fer a period of not more than ninety _13- (50) days, or by both such fine and imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offence for every day during any portion of which any violation of any provision of this ordinance is co-mmitted, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided by this ordinance. Sec. 1?: "there uncertainty exists with respect to the boundaries of zones as shown on said Zone ?:lap, the following rules shall apply: (a) The zone boundaries are either streets or alleys unless otherwise shown, and where the colors or hatching on said Zone Map are approximately bounded by street or alley line, said street or alley shall be construed to be the boundary of such zone. (b) here the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be con- strued to be lot lines, and where the colors or hatching on said Zone yap are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of such zone. (c) In unsubdivided property, the zone boundary lines on said zone map shall be determined by the scale contained on such map, and where uncertainty exists the zone boundary line shall be determined by the Cijy Planning Commission upon written application, from said Zone :dap, and records thereof kept on file in the office 4 of the City Planning Co-mmission. (d) Mere the zone boundaries follow approximately the reax property lane or alley line parallel to any street, the said rear property line of property frontin such street, or the said LD alley line, if there be such, shall constitute the zone boundary --14-- provided that no such rear property line shall be employed as said zone boundary if said line be farther from the front parallel street line than shown by the scale of measurement upon said map. Sec. 18: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portions of the ordinance. The Board of Trustees of the City of Anaheim hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Sec. 19: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed and published once in the Anaheim Gazette, a newspaper of general circulation, printed, published and circulated in said city, and thirty (30) days from and after its final passage it shall take effect and be in full force. The foregoing Ordinance is approved, signed and attested by me this day of1928. ( SEAL) Attest: Mayor of the City of aheim. 01ty Tle-r-k of the Cit f Anaheim. -15- STATE OF CALIFORNIA COUNTY OF CRANGE SS. CITY OF ANAHEIM I. Edward B. �ierrittl City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a meeting of the bard of Trustees of C6 the City of ",.naheim, held on the Si 1921-1, and that the same imas passed and adopt ed. at a meeting of said Board of Trustees held or the *F 1921, by the following vote: A YT-, J T RU 8 TPE F, S 410 NOES: TRUSTEES: ,ASS zNT AND NOT VOTING: TRUSTEES: And I further certify that the �jayor approved and signed said ordinance on the day of I,11rN'ITN ESS 13'HSR�,"Wt I liave hereunto set my hand and affixed the seal of said city, this the day of 1928. City Cl;rk R—the City 9-V Anaheim." ----