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1962-1008RESOLUTION NO. 62R- 1008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM PURSUANT TO THE CALIFORNIA GOVERN- MENT CODE AND THE ANAHEIM MUNICIPAL CODE INITIATING AND PROPOSING THE ADOPTION OF AN AMENDMENT TO TITLE 18, CHAPTERS 18.04, 18.08 AND 18.12 OF SAID COD RELATING TO ZONING AND ADDING THERETO A NEW CHAPTER NUMBERED 18.14 AND REFERRING SAID PROPOSALS TO THE PLANNING CO.NISSION OF THE CITY OF ANAHEIM FOR A REPORT AND A RECOMMENDATION WHEREAS, the City Council has directed the preparation of a new Comprehensive Zoning Ordinance for the City of Anaheim; and WHEREAS, the City Attorney has prepared proposed amend- ments to Title 18, Chapters 18.04, 18.08 and 18.12 and the addition thereto of a new chapter numb red 18.14; and WHEREAS, the City Council finds that said proposed amend- ments to said Title 18, Chapters 18.04, 18.08 and 18.12 and the addition of a new ch.:pter numbered 18.14 should be made and adopted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim pursuant to the California Government Code and the Anaheim Municipal Code hereby initiates and proposes the adop- tion of amendments to Title 18, Chapters 18.04, 18.08 and 18.12 of the Anaheim Municip..1 Code and the adoption of a new chapter to be numbered 18.14 to re -d as follows 1 T I T L E 18 m Z O N I N G CHAPTER 18.04 TITLE AND PURPOSES SECTION 18.04.010 This ordinance is hereby declared to be a com- prehensive zoning ordinance of the City of Anaheim and shall be known and referred to as the "ZONING ORDINANCE OF THE CITY OF ANAHEIM." SECTION 18.04.020 CREATING AND DESIGNATING ZONES. In order to regulate and restrict the location of businesses, trades, and industries and the location of build- ings erected or owned for specified uses; and to regulate the uses of land; and to regulate and limit the height and bulk of buildings and the furnishing of minimum off street park- ing facilities; and to regulate and determine the area of yards and other open spaces about buildings; and to regulate the density of population, the following classes of zones are hereby established and designated as follows: R -A RESIDENTIAL AGRICULTURAL ZONE R -S RESIDENTIAL SUBU AN ZONE R -O ONE FAMILY SUBURBAN ZONE R -1 ONE FAMILY RESIDENTIAL ZONE R -2 TWO FAMILY RESIDENTIAL ZONE R -3 LIMITED MULTIPLE FAMILY RESIDENTIAL ZONE R -4 HIGH -RISE MULTIPLE FAMILY RESIDENTIAL ZONE C -1 -N NEIGHBORHOOD STORES ZONE C -1 NEIGHBORHOOD BUSINESS ZONE C -2 CENTRAL COMMERCIAL ZONE C -3 GENERAL COMMERCIAL ZONE C -4 HIGHWAY COMMERCIAL ZONE C -5 BUSINESS AND PROFESSIONAL OFFICE ZONE C -6 RECREATION ZONE C -7 TOURIST AND RELATED FACILITIES ZONE I INTERIM ZONE M -1 LIGHT INDUSTRIAL ZONE M -2 HEAVY INDUSTRIAL ZONE P -L PARKING- LANDSCAPING ZONE P PUBLIC USE AND SEMI PUBLIC USE ZONE R -T RESIDENTIAL TRAILER AND MOBILE HOME ZONE Q QUARRIES, ROCK, SAND, OR GRAVEL PIT; OR ANY EXCAVATION FOR CLAY, DECOMPOSED GRANITE, OR SIMILAR MATERIALS MFT MOTOR FREIGHT TERMINAL ZONE BT BUS TERMINAL PASSENGER ZONE ST SERVICE STATION ZONE SECTION 18.04.030 EXISTING ZONES AND USES. All of the zones, uses, and reclassifications, hereto- fore established under the provisions of the Anaheim Municipal Code, and amendments thereto shall be and remain in full force and effect until changed and reclassified under the provisions of this brdin- ance, and each of the boundaries of said zones, uses, and classifi- cations, as heretofore established, are hereby ratified, confirmed, re- established, and continued in existence until changed or modified 3 by appropriate proceedings as herein provided. All uses of buildings and land commenced, or to which such buildings and land have been devoted prior to the effective date of this ordinance, may be continued as herein provided, but from and after the ef- fective date of this ordinance all other uses of buildings or lands in said zones shall be as herein provided in the respective zones herein established and designated, and may hereafter be changed or modified by appropriate proceedings conducted in ac- cordance with provisions hereof. AND PROVIDED FURTHER that when new territory is here- after annexed to the City, the City Council shall immediately adopt an Interim Zoning Ordinance placing said territory in the interim zone until such time as a proper zoning study can be made to determine the proper zoning for such area. AND PROVIDED FURTHER that upon the completion of any annexation proceeding and the annexation of said territory to the City, the City Planning Commission shall proceed immediately to make a study of said area to determine the proper zoning thereof and shall make recommendations to the City Council for the zoning of said territory. Until such time as a proper zoning study can be made and completed and a zoning ordinance adopted establishing the proper zone or zones into which such annexed territory shall be placed, all uses in said annexed territory shall be authorized only by Special Use Permits. Such Special Use Permits shall be heard in the manner, upon the notice, and within the time as provided in Chapter 18.76. The City Planning Commission shall make and complete said zoning study within a reasonable time and report its findings and make recommendations to the City Council, but not later than one year from the date of the adoption of said Interim Zoning Ordi- nance or within such further time as the City Council may allow as provided in Section 65806 of the Government Code. 4 AND PROVIDED FURTHER that the City Council may make such zoning study on its own initiative and refer any proposed zoning of such area to the Planning Commission for report and recommenda- tions. When said proposed zoning is referred to the City Planning Commission by the City Council, hearings thereon shall be held in the manner, upon the notice, and within the time specified in Sections 18.76.030, 18.76.050 and 18.76.065. SECTION 18.04.040 It is hereby declared that in the creation by this br- dinance of the respective zones set forth herein, the City Council has given due and special consideration to the peculiar suitability of each and every such zone herein created for the particular uses enumerated therefor, the area requirements, density of land oc- cupancy, and the necessary, proper, and comprehensive groupings and arrangements of the various industries, businesses, and popu- lation of the whole area of the City of Anaheim in accordance with a well considered plan of land use for the development of the entire City paying particular attention to those areas in said City where- in more densely populated areas have risen or exist giving to such areas urban characteristics. SECTION 18.04.050 In interpreting and applying the provisions of this ordi- nance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare. SECTION 18.04.055 The provisions of this ordinance shall not be deemed nor construed to repeal, amend, modify, alter, or change any other ordinance or any part thereof, not specifically repealed, amended, modified, altered, or changed herein, except in such particulars or matters as this ordinance is more restrictive than such other ordinances or parts thereof, or is in conflict therewith, and that 5 in all particulars wherein this ordinance is not more restrictive or in conflict, each such other ordinance shall continue, and it shall be in full force and effect. SECTION 18.04.060 Whenever a power is granted to or duly imposed upon a public officer by this ordinance, the power may be exercised or the duty may be performed by a deputy of the officer or person authorized pursuant to law or ordinance unless this ordinance expressly provides otherwise. SECTION 18.04.070 Whenever reference is made to any portion of this ordi- nance or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made. SECTION 18.04.080 The present tense includes the past and future tenses; and the futur ='9 the present tenses. SECTION 18.040.090 The masculine gender includes the feminine and neuter. SECTION 18.04.100 The singular number includes the plural; and the plural, the singular. SECTION 18 0 04110 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remain- der of this ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 18.04.120 GENERAL PROVISIONS—USE—GENERAL. (1) Except as hereinafter provided no building shall be erected, reconstructed or structurally altered, nor shall any build- ing or land be used for any purpose other than is permitted in the same zone in which such building or land is located. If any "use" is for any reason omitted from the list 6 of those specified as permissible and each of the various zones herein designated, or if ambiguity arises concerning the appro- priate classificc Lion of a particular use within the meaning and intent of this Title, or if ambiguity exists with reference to matters of heir+_ t, yard requirenarn.ts, area requirements, or zone boundaries, as set forth herein and as they may pertain to unforeseen circumstances, the City Council shall ascertain all the pertinent facts and by resolution resolve said ambiguity as to the appropriate classification of any particular use or other matter or as to the intent and meaning of any section of this Title and decl: 're by such r- solution the int -'nt and meaning there- of and thereafter such interpretations and intent shall govern. 0) Tho provisions of this chapter shall not be con strued to limit or interfere with the installation, maintenance and operation i public utility pipe lines and electric or tele- phone transmission lines when located in accordance with the applicable rules and regulations of the Public Utilities Commis- sion of the State of Ca1iforn_a and within rights of way, ease- ments, franchises or ownerships of such public utilities. 0) Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during the progress of such construction on such projects, pro vided the maximum time shall not exc;_ ed one year. SECTION 18.04 130 Every person violating any provision of this ordinance or of any perniiL, license, or exception granted hereunder is guilty of a misdemeanor. Upon conviction thereof, he shall be punished by a fine not to exceed fiv, hundred dollars or by imprisonment in the County jail not to exceed six months or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this t'.inance occurs or continues 7 constitutes a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 18.04.140 INTERPRETATION OF ZONE BOUNDARIES. Where uncertainty exists with respect to the boundaries of any of the aforesaid zones as shown on a zoning map or in any resolution or ordinance establishing the boundaries of such zones, the following rules shall apply (1) Where boundaries approximately follow streets, alleys, or highways. Where zone boundaries are indicated as ap- proximately following the center line or street line of streets, the center line or alley line of .alleys, or the center line or right of way line of highways, such lines shall be construed to be such zone boundaries Where boundaries parallel street lines, alley lines, or highway right of way lines. Where zone boundaries are so in- dicated that they are approximately parallel to the center lines or street lines of streets, the center lines or alley lines of alleys, or center lines or right .,f way lines of highways, such zone bound- aries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map or in the resolu- tion or ordinance establishing such zone. If no distance is given, such dimension shall be determined by use of the scale shown on said map or by the description of the zone used in the resolution or or- dinance establishing the same. Where boundaries approximately follow lot lines. Where district boundaries arc indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. (4) Where the boundary follows a railroad line. Where the boundary zone follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said rail- road line. (5) Where the boundary follows a body of water. Where 8 the boundary of a zone follows a stream, lake, or other body of water, said boundary line shall be construed to be at the limit of the jurisdiction of the City unless otherwise indicated. (6) Zone applications apply to schools, parks, etc. Any area shown on the zoning maps of the City or within any zones established by resolution or ordinance as parks, playgrounds, schools, cemetery, water or street right of way, shall be subject to the zoning regulations of the zone in which they are located. In case of doubt, the zoning regulation of the most restricted adjoining zone shall govern. (7) Where property has not been included in a zone. In every case where property has not been specifically included within a zone or where territory has become a part of the City by annexation, it shall automatically be placed in the unclassified one until such property or territory shall have been changed by an amendment to the zoning ordinance as provided by law. And until such time, all uses of such unclassified zones shall be per- mitted only when authorized by Conditional 'se Farmait, except such uses as existed at the time of the annexation of said territory to the City o_ at the time said territory or property was placed in the unclassified zone (8) Vacation of Public. Ways. Whenever any street, alley or other public way is vacated in the manner authorized by law, the zone adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended zone. CHAPTER 18.08 DEFINITIONS SECTION 18.08.010 DEFINITIONS. For the purpose of this ordinance, the following terms, 9 phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the cont-xt, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number in- clude the plural number. The word sh'11 is always mandatory and not merely directory. (1) Abutting. Abut mean to touch at the ends; be continuous; join at a border or boundary; term minat to end at; to border on; to reach or touch with an end. Accssory. A building, p,.rt of a building or structure or use of which is subordinate to, or th- use of which is incidental to that of the main building. Where fifty per cent (50 %M or more of the wall of an accessory building con- stitutes a common wall with the main building or, if the roof of the accessory building at its full width or length as the case may be is a physical continuation of the roof of the main building, then such accessory building shall be counted as a part of the main building. (3) Accessor Use or buildin:. An accessory use or u i ng is a su or incite use or building custo- marily incident to and located on the same lot with the main use or building. (5) (7) (4) Accessor, Livi n_ 6u:rters. Living quart -ors grit in an accessory Be ing for the sole use of persons employed on thr premises or for temporary use by guests of occupants of premises, such quarters having no kitchen facilities used by guests of occupants of premises, such quarters having no kitchen faciliti s and not rented or otherwise used as a separ to dwelling. Advertisiar. Structure. Any structure affixed to tine su ace of t e and, a building or another structure designed, arranged, used or intended to be used for advertising purposes. (6) Advisor A enc a e t °rm "advisory agency" s a construed to mean the City Planning Commission or the Zoning Board if one is created by the City Council. Adequate Access. Adequate access is hereby defined to mean reasonable and necessary provision for ingress and egress required for the use to which property is devoted, and for the extension and maintenance of utility service and fire protection. (8) Air oort Airport means any area of land or water which is used or intended for use for the landing and takeoff of aircraft at any appurtenant areas —10 10 which are used or intended for use for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon. Alley. Alley is any public space or thorough e feet or less in width, but not less t feet in width, which has been dedicated or Traga to the public for public travel and which afford secondary access to abutting property. (10) Alteration. Alteration as applied to a build- ing or structure is a change or rearrangement in the structural parts or in the exit facilities or an enlargement whether, by extending on a sid or by increasing in height or the moving from one location or position to another. (11) Animal Hos ital. Animal hospital means an estab is meant in which veterinary services, clipping, bathing, boarding and other services, are rendered to dogs, cats and other small animals and domestic pets. (12) A rtment. A room or suite of two or more rooms in a mu tiple dwelling occupied or suitable for occupancy as a residence for one family. (13) Apartment Hotel. A building or portion thereof desfgne or or containing both individual guest rooms or suites of rooms and dwelling units. (14) _A_RIrtment House. A multiple family dwelling for three or more families living independently of each other and doing their cooking upon the preiises. 11 (15) Area Buildin The building area is the aggre- gate o,the maxi. sum horizontal cross section area of the main building on a lot, excluding cornices, eves, gutters, or chimneys projecting not more than steps, one story open porches, bay windows not extending through more than one story and not projecting more than v a balconies and terraces. (16) Article. Article means an article of this or ion nee unless some other ordinance or statute is mentioned (17) Attic. The upp;- .rmost floor of a building designed or ntended for use as storage space and not for living quarters. (18) At Least Ten 10 Da s. Whenever any provision o -Than or inance or any state law requires at least t (10) days notice to be given of any proposed act hearing or other matter that says the period of time shall be computed by excluding the first day and including the last, unless the last day is a holiday, and then it is, also ex- cluded.