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1962-1015RESOLUTION NO.62R- 1015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING AN EASEMENT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. WHEREAS, the City Council of the City of Anaheim is desirous of purchasing the hereinafter described real property for municipal purposes, to wit: An easement for road and public utility purposes; and WHEREAS, the owners of said property have offered to sell and convey the same to the/City; add WHEREAS, the City Council of the City of Anaheim finds that it is for the benefit and best interest of the City of Anaheim to accept said offer and purchase said real property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of CARL G. HAYS and MARY AVIS HAYS, husband and wife; WILLIAM A. HUTTON and MARY ALICE HUTTON, husband and wife, and JESSE N. HAYS and MARGARET ANN HAYS, hus- band and wife, to sell to the City of Anaheim the following de- scribed real property situated in the City of Anaheim, County of Orange, State of California, to be used for an easement for road and public utility purposes, and more particularly described as follows: An easement for road and public utility purposes over, under and across that portion of the North- east quarter of the Northwest quarter of Section 22, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the center line intersection of Bali Road with the center line of Harbor Boulevard; thence Westerly along the center line of said Bali Road a distance of 178.00 feet; thence Southerly parallel with the center line of said Harbor Boule- vard to an intersection with a line parallel with and 53.00 feet Southerly of the center line of said Bali Road (as measured at right angles); thence Easterly along the last mentioned parallel line a distance of 110.05 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 15.00 feet; thence Easterly and Southerly along said curve through a central angle of 89 47t 45" an arc distance of 23.51 feet to an intersection with a line parallel with and 53.00 feet Westerly of the center line of said Harbor Boulevard (as measured at right angles); thence Southerly tangent to the last mentioned curv,e,along the last mentioned parallel line a distance of 110.05 feet to an intersection with a line parallel with and 178.00 feet Southerly of the center line of said Ball Road; thence East- erly along the last mentioned parallel line a distance of 53.00 feet to the center line of said Harbor Boule- vard; thence Northerly along the center line of said Harbor Boulevard 178.00 feet to the point of beginning. -1- EXCEPTING THEREFROM any portion thereof conveyed to the State of California by deed recorded November 5, 1956 in Book 3699, page 263 of Official Records of Orange County, California. ALSO EXCEPTING THEREFROM any portion thereof con- veyed to the State of California by deed recorded December 24, 1954 in Book 2905, page L.19 of Of- ficial Records of Orange County, California. be and the same is hereby, accepted by the City Council of the City of Anaheim, and that the City of Anaheim accept a convey- ance of said property. BE IT FURTHER RESOLVED that the City Auditor of the City of Anaheim be, and he is hereby, authorized to pay to the owners of said real property, out of General Funds of the City of Anaheim, the sum of One Dollar ($1.00). THE FOREGOING RESOLUTION is approved and signed by me this 20th day of November 1962. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the day of ovembe 196 2 by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 20th day of November 196 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of November 196 2 C CLERK OF THE CWOA AHEIM (19) Automobile Compound. Any land area located on or parcel on which any residen©e is located or on contiguous land areas on which group hous -s are located, used or intended to be used for the storage of the private passenger automobiles of the occupants of the residence or group houses. (20) Automobile- Parkin The spac:'s either on- street or o street required or established for the parking •f motor vehicles ;,s required by the various provisions of this Cod (21) Automobile Stora eo Auutomwbile storage space en require ay this ordinance mc- axns any per rs—ntly maintained space not less than 144 square feet in area on the sane lot or parcel of land as is loc,=�tad the st.ructur which it is designed to serve,so located and arranged as to permit the storage of and to be re dily ac- cessible under its own power t a passenger automobile f aver gc: size (22) Automobile Tr,: iier Sales Lot. An open area use or t e isp ay, sa.i e and rent ,,1 of new and used motor vehicles and trailer coaches where no rc p ir, remodeling or repainting is done. 12 Automobile Wrecki The dismantling or wreck u.s ;ir motor vehicles or tr:: ilers or the storage, sale or dumping *f dismantled or wrecked vehicles or their parts (24) AL. lu se or Building. Any use or building customarily inci tat and accessory to the permitted use of a land area ,r the main build ing or structure thereon (25) B b si.tt n babysitting is hereby declared to be a hoe occupation. (26) Bachelor Apartment. One room and bath, without coc ing lacilities, in a u1tiple .welling. (27) Basement. A story partly underground and having one or more of its height below the average level of the adjoining ground. A basement, when do signed for, or occcupi -d as dwellings (rumpus rooms or recreation rooms without kitchens excepted), business or manufacturing, shall be con sidered a story. (28) Billboard. Any structure affixed to the surface 6 rTirtd, designed, :rrang -d, used or intended to be used exclusively for a sign. (29) block. All property fronting upon one side of a street b tween intersecting and intercepting streets, or between a street and right of way, waterway, terminus f dead end street or City boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. (30) Board. The term is intended to l can and reEr to a Zoning i,oard or other Board that may be created and established by the City Council (31) rdn Rowa a A building where lodging and meals are provided f cco f r five (5) but not more th n fifteen (15) persons, not in- cluding rest homes. (32) Boardin: School, A sch*ol in which pupils are oarc &e an. o !ged, as well as taught (33) Borrow Pit. A borrow pit means any place or prem�ses where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise below the grade of surrounding land for any pur- p se other than that necessary and incidental to grading or to building constructi.• >n or operation on the premises. 4 ;uilding. A building is any structure built for the support, shelter r enclosure of persons, animals, chattels or property of any kind, and entirely separated fro F any *they structure by space or by wc:1ls in which there are no communi- cating doors or windows or similar openings (35) Building Area. Building -rea is the aggr'- gate 1rtIe maximum horizontal rose section area of the maim building on a lot, excluding cornices, eves, gutters or chimneys projecting not more than steps, one -story open porches, bay 14 ows nnot extr.nding thruesh more than one stccry and not projecting more than balconies and terraces. 13 Q36) Buildin s, Two or more buildings entirely or part y separated by walls, each designed, arranged, used or intended to be used as one partm Lrn,t Q37) Building Heist, Building height means th verti- EI Uillee from the g rade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. (38) Buildia_Lnc o ?ui,ldi,ng lin is the line between w�iich and the .street line or lot line no building or other structur or portion thereof, except as provided in this Code, m be erected above the grade 1c_ ve o The building line is considered a vertical surface intersecting the ground on such line (39) Building Lin, Setback, ouilding setback line is a bui"_dinng Jinn. c ao of the street line. (40) Buildin Ma_ian o A building within which is con ucte t e principal us;- pei itt=d on the lot as provided by this ordinance (41) Buildin &_Sit 0 The ground area of one or more t s ,T as 3E h rein., when used in combination for a building or permitted group of buildings, together with all opens spaces as required by this Title, and when so combined as a single building site th common line dividing any two or more contiguous lots so combined may be exempt from the provisions requiring side yards with respect thereto (42) Building a.%o1u r The cubic foot content of the Building wi,t EIT the 1 ,vela of the height of that building. (43) _uhgalow Court. A group of three or more detached one -story on or two fanny dwellings located upon a single lot, together with all open spaces as rc quired by this Title. (44) Business or Commerce. The purchase, sale or other transaction involving the hand ing or disposition of ny article, substance or commodity for livelih•od or profit; or the management of office buildings, offices, recreational or amuse- ,invent enterprises or the maintenance and use of offices, structures and premises by professions and trades rendering services (45) '•'us Block, Any land used or intended to be used the e storage or lay=ovt r of three or mor passenger buses or motor coatas used in public transp rtati (46) Business Stgh. A business sign is a sign which directs attention to a business or profession conducted upon the premises. An advertising sign ie a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises. A "For Sake" or i Lett" sign relating to the property on which it is dis- played shall be deemed leisiness sign. (47) Bus Station. A "Bus Staticn." is any location uz o strAtet where preblis buses receive or discharge passengers. (48) Bus Garage A B119 Garage is any building designed, arrangid., used or intended to be used for the storage of three or more passenger motor buses or motor coaches used in public transportation. (49) Cam Public. Any area or tract of land used or esigned to accommodate two or mor automobile trailers, including trailer ceps, or two or more camping parties, including tents or other camping outfits. (50) 0 MI,L Trailer. See 'Camp, Public". (51) Car•ortt or Q1 Porte Cochere use consisting o a reserve and attached to a side of a for the convenient loading gers. 14- An accessory residential space, roofed or unroofed, dwelling and established and unloading of passen- (52) Car Wash. A "Car Wash" is any building, lot, space or area wher motor vehicles are washed for compensation or without co,* peesation. (53) Cellar. Cellar is that portion of a building e�green floor and ceiling which is wholly or partly bellow grade and so located that the verti- cal distance from grade to the floor below is equ,.l to or greater than the vertical distance from grade to ceiling. (54) Center Line. When referred to in this ordiel Egr771 Line weans the center line of a street, alley, highway or right of -way, (55) Chapter. The tern "Chapter" refers to the chap ters in this ordinance (56) Church. Church as used in this ordinance shall mean an establishment the principal purpose of which is religious worship and for which th principal structure contains th sanctuary, and including accessory uses in the main structure or in a separate building, including Sunday School rooms, assembly rooms, kitchen, library ram and one-family dwelling unit, but excluding day -care nurseries and facilities for residence of or training of religious *rders (57) City. The term "City when used in this ordi- nance shall mean and ref r to the City of Anaheim. (8) Clinic. A Clinic is an institution connected with me �icc._ co11 ->ge or hospital devoted to the exami- nation and treatment of patients. (59) Club. An association of persons for some common non profit purpose, but not including groups organized primarily to render a service which is custom <.rily carried on as a business. (60) Commercial Deh dration Plant. A Commercial De- y ration P ant means and includes any and all plants, whether completed or not, used or erected or maintained for use for or in connection with the separation of sand, water and other foreign substances from oil and other hydrocarbons and includes each and every structure, building tank or facility, and each and =very piece of apparatus, machinery used or erected .r maintained for use, for or in connection with the erection, operation or maintenance of such plant; excepting, however, any dehydration plant which is operated and maintained exclusively as a part of the produc- tion equipment (as herein defined) of and for any well or wells operated and mai.nt;ined by the per- son operating and maintaining such dehydration plant and which plant is not used for the dehydra- tion or treatment of any oil or other hydrocarbons produced or obtained by or from any well or wells not operated and maintained by said person operat- ing and maintaining such dehydration plant. 15 (61) Commission. A Commission me the City Planning o ni scion of the City of Anaheim. (62) Conforming building. A "Conforming building" means. (a) In the '1' Zones a conforming building is one which fully meets the requirements of the State Housing At and the Uniform Building Code as they pertain to residential buildings and which build- ing also oonuforms to the requirements of this Code in the m ztttar of height, yards and area coverage and is 1 iumitc d to the number of dwelling units prescribed for the zone in which it is located; and (b) In the 12' and °`M Zones a conforming build- ing is one which fully conforms to the structural design building materials and their assembly as prescribed for commercial .r industrial buildings by the Uniform Building Code and which building fully conforms to the requirements of this Code with respect to the zone in which it is located. (63) Compatible Use. A use set by its manner of opera- 17 is suitable in the one in which it may be non-conforming. Such use of the land and build- ings shall be in harmony with the uses on abutting properties in the same zone. (64) Conditional Use. A Conditional Use is use that is aut orize �.an a zone by tonditional Use Permit as authorized by the provisions of this ordinance and one that will not adversely affect the ad- joining land uses and the growth and development of the area in which it is proposed to be located and where the size and shape of the site proposed for the us8 is adequate to allow the full develop ment of the proposed use in a manner not detrimental to the particular area nor to the p ace, health, safety or gent r,:l. welfare, and where the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed nd improved to carry the traffic in the area. (65) Convalescent Form. A Convalescent Home is a place w ere persons are k pt and maintained during the period of recovery of health or physcial strength after illness or other disability. (66) Council. Th,(- term a 'C or?cii" shall mean and refer to City Council of the ity of Anaheim. (67) Count The term "County" shall mean and refer to t e County of Orange (68) Court. A Court is an un ccupied open space other Miens a yard on the same lot with a building which is bounded on two or more sides by the walls of such building. (69) Cour Inner. An Inner Court is a court enclosed on ao si es by exterior walls of a building or by exterior walls and lot lines on which walls are allowable. 16 (70) Court Outer. An Outer Court is a court enclosed on not more than three sides by extc rior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard. (71) Curb Slo e. That portion f the curb sloping downward from the top of the curb to an access driveway. (72) Curb Level. The Curb Level for the purpose of measuring the height of any portion f a building is the *jean level of the curb in front of such portion of the building. But where a building is on a corner lot the orb level is the mean level of the curb on the street of gr -atest width for the purposes of this ordinance. If such greatest width ,.ccurs on more th.=:n one street, the orb 'bevel is the mean level of the curb on that street of greatest width which has the high- est curb elevation. The e rb level for the pur- pose of regulating and determining the area of yards, courts and open spaces is the mean level of th; curb at that front of the building where there is the highest curb elevation. When no curb elevation has been established or where a front yard setback of 25 feet or more is provided the average level of the land i.ediat °1y adjacent to the building prior to any excavation or fill shall be considered the eurb level. (73) aisy. An establishment or enterprise maintaining more than two cows for the commercial production and sale of milk and dairy products (74) y dkjuurse�r Any griup of buildings, building or portion thereof used primarily for the daytime care of children. (75) Dehydration Plant. A commercial dehydration plant means ata -7 0 des any and all plants, whether com- pleted or not used or erected or maintained for use for or in connection with the separation of sand, water and other foreign substances from oil and other hydrocarbons and includes each and every structure, building, tank or facility and each and every piece of apparatus, machinery or equipment used or erected or maintained for the use, for or in connection with the erection operation or maintenance of such plant; excepting, however, any dehydration plant which is operated and maintained exclusively as a part of the production equipment (as h rein defined) of and for any well or wells operated and maintained by the person operating and maintaining such dehydration plant, and which plant is not used for the dehydration or treatment of any oil or other hydrocarbon produced or obtained by or from any well or wells not operated and main- tained by said person operating and maintaining such dehydration plant. (76) )Ptpl of Lot. The Depth of a Lot is the mean dis- tance groan the street line of the lot to its rear line measured in the general direction of the side lines of the lot 17 (77) Derrick. Derrick means any structure, improve- ment, equipment or facility and each and every part of any thereof whc- 'thcer completed or not, and which is or are required or used or useful for or in connection with drilling or operating or maintaining well for the production of oil, gas or other hydrocarbons from the earth, together with all parts of and appurtenances to such struc- ture, improvement, equipment or facility, includ- ing (but not limited to)) any foundations and sills therefom, tower, pump houses, engine houses, belt houses or housing, boilers, boiler plants, pipe racks, postings, walkways, mud ditches, bull wheels, calf wheels, bank. wheels and crown block. (78) Director. Director •means the Director of the P anir�g •Department of the City of Anaheim. (79) District. The term "District" means any district aut ori.ied to be created and established under the laws of the State of California. (80) Domestic Animal. The term "Domestic Animal" as use in t is ordinance shall mean any animal that is tame as distinguished from wild animals or any animal which is associated with family life, accustomed to live in or near the habitation of men, as pets, beasts of burden or otherwise. (81) Dormitory. A Doritory is defined as a sleeping room or building containing a series of sleeping rooms. (82) Drive -In Restaurants. Restaurants which provide aci ites an services for serving and consump- tion of food for persons remaining in automobiles. (83) Dr Cleanixn The term "Dry Cleaning shall in- c ude c cesning of textiles, fbrics, garments or other articles by use of solvents other than water, extractitn of the solvents therefrom and drying the same. (84) py Cleanin Unit. The term "Dry Cleaning Unit" c1. ines tae a inert' or equipment in which tex- tiles, fabrics, garments or other articles are carried through a complete cleaning cycle. A Dry Cleaning Unit may consist of one or more detached component machines. (85) Dump Dump means an area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible. or non c..mbustible refuse or for dead animals, (86) p1e Residence. A building entirely separated frcirTitiTailer building by space, des arrangeu, used or intended to be used ?artffl nts or dwelling units two fa If (87) A building or portion thereof designed e 3 ively for residential purposes, including one family, two-family and multiple dwelling, but not including hotels, boarding and lodging houses 18 (88) Dwelling nit. One or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living or s1e: -'ping purposes and having only one kitchen. (89) Dwellin_, Sin :le=Famvil A detached building esigne exc usive y or occupancy for one family. (90) Dwellin: `lwo =Famrnilt A building designed ex- c" usive y r occupancy by two families living independently of each other. (91) Dwellian Multi le. A building or portion thereof, ,sign, or occupancy by three or more famili living independently of e,:ch other. (92) Easement. The term B 'Easem -nt" as used in this or final a means the right in the land or a portion of the land of another to use said land or said portion for construction, maintenance of streets, highways and alleys, and for the installation and maintenance of utility lines and facilities, and for the purpose of ingress and egress to other property and for any other necessary public pur- pose. (93) Educational Institution. The term 'Educational Institution one ns e ementary, junior high, high schools, colleges, universities, academies or other schools in general academic or physical instruction,in general or special branches of learning to pupils or students. (94) Er c cted. The term "Erect(-d" means the construc- tion of any building or th structural alteration of a building, the result of which would be to change the exterior walls or roof or to increase the square foot floor area. of the interior of the building. (95) EEss ntial Service. The term "Essential Service" Ts t& erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or over- head gas, electric, steam or water transmission or distribution systems, collection, communication, supply or disposal cyst -ms, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,, police call b xes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not in- cluding buildings reasonably necessary for furnish ing adequate service by such public utilities or municipal departments or commissions for the public h-aith, safety or general welfare. (96) Establish Grade. The term "Establish Grade means t e average grade of the fixed ground level at the center of all wales of a building. In case walls are parallel to and within five (5) feet of a side- walk, the above ground level shall be measured at the sidewalk. 19 (97) Ex losives. The term& "Explosive and "Explosives" enever used in this ordinance include blasting caps or other detonating or fulminating caps, or detonator or electric caps, gun powder, blasting powder, dynamite and every other explosive sub- stance having a power equal to or greater than that of ordinary black powder, but do not include said substances in the form of mixed ammunition for small arms. (98) Famil A Family is a single individual doing is own cooking and living upon the premises as a separate house keeping unit, or collective body of persons doing their own cooking and living together upon the premises as a separate house- keeping unit in a domestic relationship based upon birth, marriage or other domestic bonds as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel. (99) Fence. The term "Fence" as used in this ordi- nance means a structure of wo,••d, iron, wire, cement or other material erected for ornamental purposes or for the purpose of enclosing yards, land or other areas or interposed between two portions of land to set off one portion from the other. (100) Fire Escape. "Fire Escape means an auxiliary means of emergency escape from a building, as defined or designated by the Fire Department of the City of Anaheim. (101) Floor Area, Cross. For the purpose of determining the ratio of floor area of a building to the area of the lot, the "Gross Floor Area" shall be the sum of the gross horizontal areas of the several floors of the building, excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclus uses accessory to the operation of the building. All horizontal dimen- sions shall be taken from the exterior faces of walls, including walls or other enclosures of en- closed porches. (102) Foster Fami1 Da Care Home. "Foster Family Day Care Home means a resi ante licensed by the State of California to be used to care for not more than six (6) children by day, with or without compensa- tion. A Foster Family Day Care Home may be con- sidered to include a day nursery conducted on a half-day basis when such home is licensed by the State of California, provided the number of children cared for at any one time shall not exceed six (6). (103) Filling Station. A service station to supply motor u e1 and oil to motor vehicles and including grease rack or elevators and providing minor tire and battery servicing, sales of accessories, etc. (104) Fronts e. The term "Frontage" as used in this ordinance means the frontage of a parcel of pro- perty upon a public street or place. -20® (105) Front Wall. The term "Front Wall ",as used in this ordinance, means that portion of a building or structure, including walls, foundations, porches or any other part of said structure facing the front of a lot or building site or the main street or thoroughfare upon which it is located and which the front wall, as herein defined, shall not extend beyond the front yard setback line. (106) Front Yard Stack. 'Front Yard ,Setback" means a yard extending across the front of a lot measured between the side -yard line and being the minimum horizontal distance between the highway line and the main building and any projection thereof. On corner lots the Planning Commission shall determine which is the front yard. In the absence of such determination, the front yard shall be provided on the highway on which the frontage of the building faces. (107) Garage, Bus. A "Bus Garage" is any building designed, arranged, used or intended to be used for the storage of three (3) or more passenger motor buses or motor coaches used in public transporta- tion. (108) Garage, Private. An accessory building or an acces- sory portion of the main building designed to be used for the shelter or storage of vehicles owned or operated by the occupants of the main building. (109) Garage, Public. A building, other than a private garage, used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale. (110) Garage, Storage. A building or part of other than a private garage used for the storage of motor vehi- cles in which service station activities may be carried on. (111) Gara a Truck. A "Truck Garage" is any building esigne arranged, used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding two -ton capacity. (112) Grade. The finishing grade of a land area improved wi a building is the elevation of the surface of the land adjoining the building. The established grade of a land area, whether vacant or improved, is the elevation of the sidewalk at the street line as fixed by the City. (113) Ground Area of Building. The area of the ground bounded by lines projected to include all walls, bays, balustrades, belt courses, cornices, fences, fire escapes and other fixtures (excepting entrance cano- pies, fences on lot lines adjoining alleys, business, commercial, manufacturing and industrial boundary lines and elsewhere fences of railings, wire, rods or similar construction so as not to shut out light) extending more than four feet above the finished grade 21 of the land area and all uncovered spaces more than four feet above the finished grade of the land which are not open to a public way. (114) Group Houses. Two or more separate buildings each containing one or more dwelling units. (115) Guest House or Accesso_ Livin_ arters. Living quarters wit in an accessory •ui sing or the use only of persons employed on the premises or guests of the occupants. Such quarters shall not be rented. (116) Half- Story. An uppermost story usually lighted by dormer windows in which a sloping roof replaces the upper part of the front or side wall, (117) Hedge. As used here, the word "hedge" means a row of evergreen trees or shrubs not less than two feet in thickness and not less than feet in height. (118) Height of Building. "Height of building" is the vertical dimension measured from the average eleva- tion of the finished lot grade at the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. (119) Ma' or Hi wa A "major highway" means a major is way as s own on the master plan of highways of the City of Anaheim, the County of Orange or the State of California. (120) Highway, Seco See "Secondary Highway" (202). (121) Ho R anch. "Hog ranch" means any premises where thr or more weaned hogs are maintained. (122) Home Occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of th structure for dwell- ing purposes, and which use does not change the character thereof nor does not adversely affect the uses permitted in the district of which it is a part. Home occupations shall not permit the sale on the premises of products not produced thereon. No signs shall be displayed except as specifically per- mitted by this ordinance. No person shall be em- ployed other than domestic help. (123) Hospital. Any building or portion thereof used for the accommodation and the medical care and treatment of sick, injured or infirm persons, and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts, but not including buildings or hospitals for the treatment of mental and nervous disorders, but not excluding surgical and post surgical tr atment of mental cases. 22 (124) Hos ?ital Mental. "Mental hospital" means an insti- tution licensed by State agencies under the provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, but not licensed to provide facilities and services in surgery, ob- stetrics and general medical practice. Establishments limiting services to juveniles below the age of five years and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition. (125) Hotel. A building containing at least six furnished rooms in which lodging is provided with or without meals for compensation, and which is open to transient guests, and where no provision is made for cooking in any individual room or suite. Jails, hospitals, asylums, sanitariums or orphanages, prisons, detention homes or similar buildings where human beings are housed and detained under legal restraint are specifically not included. (126) Household Pet. An animal or a bird of the type which is ordinarily and easily domesticated as distinguished from the tamed animals which are by nature wild. Fish are not to be counted as household pets, and their number is not restricted by this ordinance. (127) Incidental Use. The term "incidental use" as used in this ordinance means a use that is subordinate to the main authorized use permitted within a given building or upon a given lot or premises and one that is author- ized in the zone in which exercised and compatible with the main or primary use (128) Industry. The manufacture fabrication, processing, re- duction or destruction of any article, substance or com- modity or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage, elevators, truck storage yards, dumps, junk yards, warehouses, wholesale storage, and other similar types of enterprise. The term "industry" shall also include basic research activities in the fields of engineering, physics, chemistry, and other physical science. (129) Institution. An institution is an established or organize society or corporation. It may be private in its character, designed for profit to those composing the organization or public, and charitable in its pur- poses. (130) Intent and Purpose. The term "intent and purpose as used in this Code means the interpretation of the pro- visions hereof to carry out the intent of the legisla- tive body in enacting any provision hereof and to carry out the evident purpose thereof. (131) Junk. "Junk" is any worn-out, cast -off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk. (132) Junk Yard. Any lot or the use of any portion of a lot for the dismantling or wrecking of automobiles or other motor vehicles or machinery, or for the 23 storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk including scrap metal or other scrap materials. (133) Kennel. "Kennel" means a place where four or more adult dogs or cats or any combination thereof are kept, whether by owners of the dogs and cats, or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is one that has reached the age of four months. (134) Kitchen. "Kitchen" means any room or portion of a room used or intended or designed to be used for cooking or the preparation of food. (135) Loading Space. "Loading Space" is an off street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or un- loading the merchandise or materials and which abuts upon a street, alley or other appropriate means of access. (136) Local Carta e. The pick-up and delivery of freight b y motor truck within the City of Anaheim. (137) Lodging House. A building with not more than five guest rooms where, for compensation, lodging is provided for five and not more than ten persons. (138) Lot. (1) A parcel of property as shown on the effective date of this ordinance as a delineated parcel of land with a number or other designation on a plat recorded in the office of the County Recorder of the County; or (2) a parcel of real property not delineated as in (1) above and abut- ting at least one public street or alley and held under separate ownership from adjacent property prior to the effective date of this ordinance; or (3) a parcel of real property not delineated as in (1) above and containing an area not less than the prescribed minimum square footage and lot widths required for the zone in which it is located and abutting at least one public street or alley if the same was a portion of the larger piece of un- subdivided real property held under single owner- ship prior to the effective date of this ordinance. (139) Lot Area. The total horizontal area within the boundary lines of a lot. For the purpose of deter- mining lot area in the case of an irregular, trian- gular or gore shaped lot, a line most nearly parallel to the front lot line. Other lines are side -lot lines. (140) Lot, Corner. A lot situated at the intersection of two or more streets having an angle at inter- section of not more than one hundred thirty -five degrees (135 and a width not greater than seventy five (75) feet. (141) Lot, Reversed Corner. Is a corner lot the rear of which abuts upon the side of another lot whether across an alley or not. 24 (142) Lot Depth, The depth of a lot shall be the hori- zontal length of a straight line connecting the bisecting points of the front and rear lot lines. (143) Lot. A lot other than a corner lot. (144) Lot, Key. The first lot to the rear of a reversed corner lot whether or not separated by an alley. (145) Lot Line. The dividing lines between a public way a abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat. (146) Lot Line, Front. In the case of an interior lot a line separating the lot from the street; in the case of a corner lot the line separating the nearest street frontage of the lot from the street. (147) Lot Line, Rear. The rear lot line is the lot line most nearly parallel to the front lot line. All other lines are side lot lines. (148) Lot Line Side. Any lot boundary line not a front lot line or a rear lot line. (149) Lot, Throu A lot having frontage on two parallel, or approximately parallel, streets. (150) Lot, Width. "Lot width means the horizontal dis- tance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point midway between the lot front and rear lines, provided that the length of the line con- stituting the rear line of the required front yard shall never be less than the required lot width established in each zone. The right and left hand lots entering a cul-de -sac from the straight portion of the street shall have a line established by a line tangent to the setback radius and be parallel to the straight portion of the street. The width of the lot at the tangent line shall be sixty (60) feet. On other lots on the cul -de -sac width of sixty (60) feet shall be established by a tangent drawn at the middle point of the setback radius. The minimum lot depth on a cul-de -sac shall be eighty (80) feet. Also, lot widths on all streets, including cul -de -sacs, shall be determined by the building setback line. (151) Major Ri hwa "Major highway" means a major high- wa as s ow on the master plan of highways of the City of Anaheim, County of Orange, State of California. (152) Medical Dental Buildin "Medical— dental building" means a u.i ding or a group of buildings designed for the us of, and occupied and used by, physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of California, including the installation and use of therapeutic equipment, x -ray equipment, or laboratories, chemical, biochemical and biological laboratories used as direct accessories to the medical dental professions, dental laboratories including 25 facilities for the making of dentures or prescrip- tion and pharmacies limited to retail dispensing of pharmaceutical and sickroom supplies (but not room or orthopedic equipment), provided there shall be no exterior display windows or signs pertaining to such accessory uses other than a directory sign. (153) Marquee. A permanent roofed structure attached to and supported by the building and projecting over public property. (154) Minimum Floor Area A "minimum floor area" shall be determine. by measuring in a horizontal plane the floor area enclosed by the outside walls en- closing the dwelling unit. (155) Motel or Tourist Court. "Motel or tourist court" means a building or a group of attached, or detached, buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients and such words shall include auto courts and motor lodges. An establishment shall be considered a motel when it is required by the Health and Safety Code of the State of California to obtain the name and address of the guests, and take the year and license number of the vehicle and the state in which it was issued. (156) Motor Freight Terminal. A building in which freight roug t to sal building by motor truck is assembled and sorted for routing or intrastate shipment by motor truck. (157) Motor Truck Re air Sho A premises where motor true s, tractors, true trailers and industrial and commercial vehicles in excess of two tons capacity or their bodies are overhauled, built, rebuilt or repaired. (158) Natural Grade. The word "natural grade" means the natural surface of the ground; provided that where such natural surface is lower than the sidewalk grade as officially established, or where the first floor of a building is to be level with the adjacent sidewalk, the word "grade" means such official grade. (159) Non Conforming Building. "Non- conforming building" means a building or portion thereof which was law- fully erected or altered and maintained, but which because of the application of this ordinance to it, no longer conforms to the regulations of the zone in which it is located as defined by this ordinance. (160) Non- Conforming Use. "Non conforming use" means a used ch was lawfully established and maintained, but which, because of the application of this ordi- nance to it no longer conforms to the use regula- tions of the zone in which it is located. A non- conforming building, or non conforming portion of a building, shall be deemed to constitute a non- conforming use of the land upon which it is located. 26 (161) Only. As used in referring to permitted uses, the word "only shall be construed as specifi- cally prohibiting all unmentioned uses, buildings and structures except those qualifying within the sections entitled "Other Permitted Buildings and Uses," and those for which a Conditional Use Permit is issued. (162) Ordinance. "Ordinance means an ordinance of the City o Tnah- im (163) Outdoor Advertisin. Dis•la. "'Outdoor advertising isp ay means any car paper, cloth, metal, glass, wooden or other display or device of any kind or character whatsoever placed for outdoor advertising purposes on the ground or on any tree, wall, rock, structure, or thing whatsoever. (164) Outdoor Advertising Structure. "Outdoor advertis- ing structure means a structure of any kind or character erected or maintained for outdoor ad- vertising purposes upon which any outdoor advertis- ing display may be placed. (165) Planned Unit pc velopmment'i Planned Unit Residential Deve opment. and Piannea Unit Industrial.Develo ment. Planned Unit Develo went. A planned unit develop- ment is a arge -sca e evelopment of a parcel or of a combination on related parcels to b- constructed by a single owner or group of owners acting jointly, in- volving a related group of uses, planned as an entity, and therefore susceptible of development and regula- tion as one unified land unit, rather than as a mere aggregation of individual buildings and structures located on separate lots. Such a development has a predominant developmental feature which serves to unify and organize the development. Planned Unit Residential Develo•.ment. A planned unit residentia eve opment is a arge -scale development of a minimum size of three (0) acres, to be construc- ted by a single owner or group of owners acting jointly, involving a related group of residences which are planned as an entity and therefore susceptible of development and regulation as one unified land unit. Such planned unit residential developments shall have as predominant unifying developmental features: (1) common open and recreational acres; and (2) all vehicular, storage, access and circulation shall be peripheral. Planned Unit Industrial Develo went o A planned unit in•ustria. deve opment is a ''.arge scale development of a minimum size of three (3) acres, to be construc- ted by a single owner or group of owners acting jointly, involving a related group of buildings to be used for industrial purposes (cf. definition of "industry which buildings are planned as an en- tity and therefore susceptible of development and regulation as one land unit. Such planned unit industrial development shall make det nti adequate provision for necessary streets, loadin and parking areas, rail lead tracks, utilities, arterial highway setbacks and landscaping, ana other common facilities. 27 (166) Parcel of Lando "Parcel of land" means a con- tiguous quantity of land in the possession of, or owned by, or recorded as the property of the same claimant or person. (167) Parcel Delivery Station. A building in which com- modities sold at retail within the Anaheim area and packaged by the retailer are assembled and sold and routed for delivery to retail customers located within or without the Anaheim area. (168) Parkin Area Public. An open area other than a street, a ey or p ace used for the temporary park- ing of more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers. (169) Parking Space, Automobile. Space within a building or parking area for the temporary parking or storage of one automobile. (170) Person. "Person" means any individual, firm, co- partnership, joint v.mtuicex, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, this and any other county, city and county, municipality, district or other political subdivision, or any other group or combination acting as a unit. (171) Person Interested. Any person having a legal or equitable interest in any land which is the subject of any application filed with the City Planning Commission or the City Council pursuant to the pro- visions of this ordinance. The term shall also include any person, firm or corporation who has a contract or an option to acquire such an interest, or the duly authorized agent of such person. (172) Pest Control 0 ep rator. "Pest control operator" means a person w o engages in the business of eradi- cating or controlling any pest which is, or is liable to be, dangerous or detrimental to agriculture or buildings, by the application of any substance, method or device, or engages in the business of pre- venting, destroying, repelling, mitigating or cor- recting any disorder of plants by these same means or both. (173) Planned Hi•hway Line. A line showing the proposed, presently p anned width of any street or highway right of way which is in excess of the presently existing right of way line. (174) Private Club. "Private club" means an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enter- prise. (175) Private Park. A "private park" is a park owned, operated and maintained by private persons, firms, corporation or associations. 28 (176) Production nE Egui went. "Production equipment" means and inc uumping equipment, tubing, pipes, gauges, meters, valves, oil and gas separators, sumps, flow tanks, production tanks, shipping tanks, lease tanks, shipping pumps, loading racks, and all other structures, machinery, equipment and facilities and each and every part of any thereof (whether completed or not) required for or used, or useful, in connection with the operation, repair, reconditioning, redrilling or maintenance of a well or well -hole, and the collec- tion, handling and delivery of oil, gas or other hydrocarbons therefrom, and which structures, machinery, equipment and facilities are not in- cluded in the "derrick," "well," or "well -hole" as herein defined; and also operated or maintained by or in behalf of the operator of said well for the purpose of separating sand, water and other forei substances from the oil, gas or other hydrocarbons produced or obtained by said operator prior to shipping or delivering said oil from the shipping tanks or lease tanks at the well or in the vicinity thereof. (177) Profession. "Profession" means a calling in which the person has acquired professed attainment in specialized knowledge of an advanced type in a given field of arts, science or learning and in which the skill involved is predominantly mental or intellectual as distinguished from physical or manual skill. (178) Professional Offices. "Professional offices" means offices maintained and used as a place of business conducted by persons engaged in the re- cognized professions. (179) Radio Transmitter Station. A station constructed and used for the transmission of radio programs, music, news, advertising, political activities and other communications and activities usually and customarily transmitted through radio trans- mitter stations. (180) Radio Transmitter Towers. Towers erected and maintaine or use y radio transmitter stations. (181) Railroad Right of Way. A strip of land with tracks and auxiliary facilities for track operation but not including depots, loading platforms, sta- tions, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. (182) Ready Mix Concrete Plant. A place where concrete is produced and ready mixed including equipment and machinery for mixing cement and trucks and vehicles for delivery.. (183) Reclassification. "Reclassification" means a change in zone boundaries in the manner provided in this ordinance and by amendment hereto by the adoption of an ordinance for that purpose. 29 (184) Refinery. "Refinery" means and includes any and all plants, whether completed or not used or erected or maintained for use for, or in connec- tion with, the separation of oil or other hydro- carbons into any of its or their component parts, whether by cracking, distillation or other process, or for, or in connection with making or deriving from oil or other hydrocarbons any other products or byproducts and includes each and every structure, building, tank or facility, and each and every piece of apparatus, machinery or equipment used or erected, or main- tained for use for, or in connection with, the erection, operation or maintenance of any such plant. (185) Report. The term "report" means any report required or authorized by the provisions of this ordinance. (186) Ileguired Area. The term "required area" as used in this ordinance_ means the area of a lot which is shown as a part of a subdivision recorded as a final map or filed as a record of survey in accordance with law, and the minimum area required in any of the zones created and established by this ordinance. (187) Required Open Spaces. The term "required open spaces" means all spaces required to be kept open from the ground to the sky as required by any of the provisions of this ordinance in any of the zones hereby created and established. Residence. "Residence means a building designed as living quarters for persons doing their own cooking in such building which either complies with, or was erected before the effective date of,the zoning laws of the City of Anaheim or the estab- lishment of the zone in which such residence is situated. (189) Rest Home, Convalescent Home or Guest Home. "Rest borne," "convalescent home," or "guest home" means a home operating as a boarding house and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged per- sons, but in which are kept no persons suffering from a mental sickness, disease, disorder or ailment, nor from a contagious or communicable disease, and in which are performed no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no p -rsons are kept or served who normally would be subject to admission or commitment to a mental hospital. Rosd.ide Stand. A "roadside stand" is a structure, shelter, building or other place upon or along a highway where fruits, vegetables, food, goods, wares and /or merchandise are sold. (191) Roof. "Roof" means a structural covering over any portion of a building or structure including the (190) -30- projection beyond the walls or supports of the building or structure. An open -work covering shall not be considered a roof if the upper horizontal surface area of the component solid portions thereof do not exceed twentt- per cent (20%) of the area of the covering. (192) Room. "Room" means an unsubdivided portion of the interior of a dwelling excluding bathrooms, kitchens, closets, hallways and service porches. (193) Rooming House. A "rooming house" is any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A boarding house or furnished room house shall be deemed a rooming house. (194) Rumpus Room or Family Room. "Rumpus room" or "family room" means a room or an area within a dwelling or in a building accessory to a dwelling designed, equipped or used as a recreation room, including, but not limited to games, music, refreshments and facilities for serving, and similar general utility purposes, but which room shall not be used as a separate dwelling unit. (195) Sanitarium. "Sanitarium means a health station or retreat or other place where resident patients are kept, and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and licensed by state agencies under provisions of law to provide facilities and services in surgery, ob- stetrics and general medical practice as distinguished from the treatment of mental and nervous disorders, but not excluding surgical and post surgical treat- ment of mental cases. (196) School Boarding. A school in which pupils are boarded and lodged as well as taught. (197) School, Dancing. A school where the students are taught dancing. (198) School Elementar Junior Hi:h and Hi: An in— stitution o earning w is o ers instruction in the several branches of learning and study required to be taught in public schools by the Education Code of the State of California. (199) School, Parochial. A school maintained and conduc- ted by a church or religious organization. (200) School Private. A "private school" is one that is maintained and conducted by private individuals, persons, firms or corporations. (201) School, Public. A school maintained and conducted by the State or any county, city or other public agency of the State. (202) Secondar Highway. "Secondary highway" means a secon ary highway as shown on the master plan of highways of the City of Anaheim. 31 (203) Section. "Section" means a section of this ordi- nance unless some other ordinance or statute is mentioned. (204) Seminary. "rhe term "seminary' as used in this Code is hereby defined as a place of training, an insti- tution of education, a school, academy, college or university in which persons, especially young persons, are instructed in the several branches of learning which may qualify them for their future a rnployment. (205) Service Station. "Service station means a filling station to supply motor fuel and oil to motor vehi- cles and including not more than two (2) grease racks or elevators and providing minor tire and battery servicing and sal -s of motor vehicle accessories. (206) Service Station Super. "Super service station" means a servic station which supplies fuel and oil to motor vehicles, more than two (2) grease racks or elevators, wash racks or pits; tire repairs; battery servicing; ignition service, sales of motor vehicle accessories and other customary services for automobiles, including tire recapping where the equip- ment for such recapping does not exceed four (4) tire molds, where the matrix is part of, and must remain in, the mold during the entire process; or where the matrix is not contained within a mold during the pro- cess, only one automatic loader and one matrix for each standard passenger car tire shall be permitted. No painting, body works or body repair or steam cleaning shall be contained on the premises. (207) Setback buildin_ Line. "Setback building line" is a '•ui. Fng ne •ac of the street line 32 (208) Shall. The term "shall" is mandatory wherever used in this Code. (209) Sh211.___AptrilAl. A building, structure or place were sma animals are kept and maintained for their owners or for the purpose of providing a home for such animals, or finding homes for them, with ar without compensation and without treatment except temporary or emergency treatment, but not including animal hospitals or public pounds. (210) Show Window. A "show window" is a window or opening TETEhMterior wall of any portion of a building used for business purpos-s through which merchandise services or business are displayed or advertised. A window glazed with transparent glass in the busi- ness portion of a building, any part of which is less than six (6) feet above the sidewalk or the established sidewalk grade beneath the window, shall be deemed a show window. (211) Sign. "Sign" means any outdoor advertising display or outdoor advertising structure or any indoor ad- vertising display or indoor advertising structure designed and placed so as to be readable principally from the outside. (212) Site Plano BB Site Plan as used in this ordinance shall mean a d tailed determination on the applica- tion of the provisions of this ordinance to areas contained therein by the adoption of a map and a declaration of purpose:, and policies related thereto. Because of size, shape or topography of the land in- volved in a site plan, or because of multiple pro- perty ownerships, th provisions, conditions and requirements of the zone or .;ones applicable to the site may be modified, if necessary, to best carry out the spirit and intent of the Zoning Ordinance. (213) Sound Pressure. All sound measuring instruments shall coxa¢ rnTto American standards for sound level meters Z 24.3-1944. The reference point of the decimal scale incorporated in sound level meters shall be the reference sound pressure of 0.0002 dynes per squar c:ntimeter at 1000 cycles (214) S ecial Use. Any of the uses authorized in apter of this ordinance (215) Stable Private, A detached accessory building or to kiiPifig of horses owned by the occupants of the premises and not kept for re mu .cer, :tion, hire or sale. (216) Stable Public. A stable other than a private sta eo (217) Stand. "Stand" means a structure for the display sale of products with no space f r customers within th structure itself. (218) Street. A public or recorded private thoroughfare waffords primary means of access to abutting property. (219) Street Side. "Street Sid et means a street which is a J acMnt to a corner lot or reverse corner lot which extends in the general direction of the line determining the depth of the lot. (220) Street Wall. That wall or part of a wall, porch or of er structure ext nding mor than four (4) feet above the finished grade nearest to and most nearly parallel with the street line. (221) Storage Garag A building or part of a building other than a private garage used for the storage of motor vehicles and in which service station activities may be carried on, (222) 2 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. Or, if there be no floor above it, then the space between such floor and the ceiling next to it, (223) Structure. "Structure means anything constructed in the ground or anything erected which requires location on the ground, or is attach -d to something having location on or in the ground, but not includ- ing fences or walls used as fences less than six (6) feet in height. 33- (224) T Inntersection. The term "T k.ntersection as use fn tH 7i. o 17.i.nuance means the point where one street intersects another street, but does not cross said street, but not including an L turn in a street or an L- Intersection of two streets. (225) l`exm� a. or The term "temporary" as used in this or finance means for a. limited period of time either as fixed by the provisions of this ordi- nance or a,s fixed by the action of thy_ City Planning Cofluiidss Ion or the City Council. (226) `l'hrou•hwa so The t r "throughways" as used in t. is or «in nc means s a�, hi way or a portion there- of at the entrance to which stop signs have been erected,, and the vehicular traffic from intersec- ting highways is required by law to stop before entering or crossing the same. (227) To Place. The term "to place and any of its variances applied to advertising displays and out- door advertising structures includes maintaining, erecting, constructing,, posting, printing pz inting, nailing, gluing or otherwise fastening, fixing, or making visible in any manner whatsoever. Q228) Tourist C o A group of attached or detached buildings containing individual sleeping or living unite with, garage attached or parking space con- veniently located to each unit all for the temporary use by automobile e tour .sts or transients; including auto courts, motels, or motor lodges. (229) Trailer Automobile. A vehicle without motor power designed t© e r .wn by a motor vehicle and to be used for human habitation and for carrying persons and properties including a trailer coach; includes also a self-propelled vehicle hav .ng a body design for the same uses as an automobile trailer. Q230) Trailer Park Trailer Court„ Mobi 1 e 17ome Park and PubT c T railer C 'Trailer Park, 'Iran er Court," Mo,lie i oycr Par and "Public, Trailer Camp mean any area or tract of land used or designed to accommodate two yr more automobile trailers and including trailer camp as defined by law. (231) Truck Lot, Any land used or intended to be used for e storage or parking of three or more trucks, tractors, truck trailers and commercial and in- dustrial, vehicles, les, while not loading and unloading, exceeding two tons in coapacity. (232) Twenty-four Hour Footer_ Cr a:. force. A 'Twenty-four hour Poyte:r Care home means a dwelling occupied by a family who, for compensation. or otherwise, accepts and cares for children as furl, time residents as a part of the family and which. children are assigned by authorized public authorities, providing that the number of such foster children shall not exceed three (3) at any one time (233) Use, the eere euee" means the purpose for which Tad or building is arranged, designed or intended, or fog whieh. either is or may be occupied or main- tained. (234) 111 Compatib1 The use which by its manner of rs operato rs suitable in the zone in which it may be non-conforming. Such use of the land and buildings shall be in harmony with the us -'s on abutting properties in the same zone (235) Variance. The term "variance means a modifica- tiona o the terms of this ordinance granted by resolution of the planning Commission or the City Council in accordance with the terms of this ordi- nance for the purpose of assuring that no property because of special cir'cum2st nces applic able to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. A variance may involve modifications of permissible uses for special periods of time when related to initial land development or for essential public purposes or for the purposes of interpret LLL intent of this ordinance where specific purposes are lacking. (236) Well. "Weil" or "Oil Well" means a well or hole ailled into the earth for the purpose of exploring or extracting from the earth oil gas or other hydro carbon substances, or a well or hole in the earth by means of and through which oil, gas or other, hydro- carbon substances ar e. extracted, or produced from the earth, and in addition to such hole in the earth the terms "well or "oil well" shall mean and include all permanent structures and equipment including permanent well easing required to be used, or used in connection with drilling, operating or maintaining such hole, and extracting or producing oil, gas or other hydro- carbon substances fr m the earth. 35 (237) W 11 Ho1e. The tends "wall hole'`' or "oil well hole" means the hole in the earth drilled for the purpose of exploring for extracting or producing oil, gas or other hydro carbon substances from the earth. (238) Writing. "Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this ordi- nance, it shall be made in writing in the English language unless it is expressly provided otherwise. (239) yard. An open space other than a cou rt, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided herein. (240) yard Are The space within the boundaries of a front, rear or side yard as herein defined. (241) yard Front. "Front yard" means an area extending across the width of the lot and lying between the lot front 1in:- and the lin parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the lot front line or by the radial line in the c;sce of a curved lot front line. When a lot lies partially within a planned street indica- ted on a precise plan for such street, and where such planned str -'et is of the type which will afford legal access to such lot, the depth of the front yard shall be measur -d from the contiguous edge of such planned street in the manner prescribed in this definition. 36 (242) Yard,_ Side. "Side yard means a yard between the main building and th lot side line extending from the rear line of the required front yard towards the rear lot line. In the R -1 Zone, such line extends to a point measuring tW3—r A ,7_0 Tp ha of the lot, or sixty (60) feet, whichever is the greater, except that on the side street line of corner lots and reverse corner lots, the required side yard shall extend t•' the rear line of the lot. In the R -2, R-3 and other zones where side yards are required, all such side yards shall extend the full depth of the lot. The width of the side yard shall be measured hori- zontally from and at right angles to, the nearest point of a lot sid line towards the nc- ar -st part of a main building. When a lot lies partially within a planned street indicated on a precise plan, unless such planned street b a freeway, the depth of the side yard shall be measured from the contiguous edge of such planned street in the man- ner prescribed in this d- 'finition. (243) yard Rear. Is an open unoccupied space on the same of withp the building between the rear line of th building and the rear line of the lot and extending the full width of the lot. The rear lot line shall be the lot line most nearly parallel with the front yard line. (244) youth Hostel° "Youth hostel" means a shelter for t e u o pedestrian or bicycle travelers, not serving meals, under the auspices of a non- profit organization. CHAPTER 18.12 SECTION 18.12.010 APPLICATION OF REGULATIONS. (A) Except as Provided in This Ordinance: (1) Conformity of buildings and land. No building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, razed, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with th regulations herein specified for the zone in which it is located. (2) Conformity of buildings. No building, structure, or premises shall be erected, altered or used so as to produce greater heights, smaller yards, or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure, or premises for the zone in which it is located. (3) Conformity of open spaces. No yard, court, or open space or part thereof shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this ordinance. SECTION 18.12.020 TRANSITION ZONING. (A) Lots in Two Zones. Where a zone boundary line as established in this ordinance or as shown on the Zoning Map divides a lot which was in single ownership and of record at the time of this ordinance, the use thereon and the other zone requirements applying to the least re- stricted portion of such lot under this ordinance shall be con- sidered as extending to the entire lot provided the more restricted portion of such lot is entirely within feet of said dividing zone boundary line. The use so extended shall be deemed to be conforming. (B) Lots in Residence Zone Adjacent to Business or Industri- al Zone. The first residentially -zoned lot having a side yard adjacent to any "C" or "M" Zone may be utilized in accordance with the use requirements of the next least restricted residential zone provided that the area, height, and other restrictions of the zone in which it is located are met. In addition any single adjacent structure located or built upon the first feet of such a residen- tially-zoned lot with a side yard adjoining a "C" or "M" Zone may 37 be used for offices for groups of doctors, dentists, architects, engineers, or attorneys, clinics with private dispensaries, and insurance, institutional, and real estate offices. In addition such other semi commercial uses as determined by the Planning Commission or the City Council to be of similar character shall be permitted. Such structure or use must comply with the area, height, and other restrictions of the zone in which it is located and be authorized by Variance or Conditional Use Permit. (C) Lots in Commercial or Industrial Zones Adjacent to Residential Zone. Where a lot in a commercial or industrial zone abuts a lot in a residential zone, there shall be provided along such abut- ting lines a yard equal in width or depth to that required in the residential district (or specified dimensions or percentages of lot width or depth). (D) Front Yard Transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as commercial or industrial, the front yard depth in the commercial or industrial zone shall be equal to the required front depth of the residential zone (or other desired proportion). (E) Corner Lot Transition. On every corner lot in a residential zone there shall be provided on the side street a side yard feet in depth. (F) Garage Entrances. No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within feet of a residential zone. (G) Parking Lots and Driveways Abutting Residence Zones. Whenever a parking lot or a driveway to a parking lot is hereafter established in other than a residence zone so as to abut the side or rear line of a lot in a residence zone, a solid masonry -38- wall or a substantial sightly fence not less than feet high and not more than feet high shall be constructed and maintained along said side or rear lot line up to but not beyond the setback building line. In addition in all use zones the lighting including any permitted illuminated sign or any parking lot or driveway shall be arranged so that there will be no annoying glare directed or reflected towards residence buildings or resi- dence streets. (H) Reversed Corner Lot Abutting Residential Zone. In the case of a reversed corner lot where the rear of the lot in a "C" Zone abuts upon the side of a lot in any residential zone, there shall be a rear yard of not less than feet, provided further, that where a public alley separates the rear of the lot in the "C Zone and the side of the lot in any residential zone, no rear yard shall be required. SECTION 18.12.030 NON CONFORMING USES. (A) The lawful use of any building, structure, or land existing at the time of the enactment of this ordinance may be con- tinued, although such use does not conform with the provisions of thia ordinance, provided the following conditions are met: (1) Unsafe structures Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority. (2) Alterations. A non conforming building or structure may be altered, improved, or reconstructed, provided such work is not to an extent exceeding an aggregate cost per cent of the value of the building or structure unless the building or structure is changed to a conforming use. (3) Extension. A non conforming use shall not be extended but the -39- extension of a lawful use to any portion of a non conforming building or structure which existed prior to the enactment of this ordinance shall not be deemed the extension of such non- conforming use. (4) Changes. No non conforming building, structure, or use shall be changed to another non- conforming use. (5) Construction approved prior to ordinance. Nothing herein contained shall require any change in plan, construction, or designated use of a building or structure for which a building permit has been used and the construction of which shall have been diligently prosecuted within months of the date of such permit, and the ground -story framework of which, including the second tier beams, shall have been com- pleted within of the date of the permit, and which entire building shall be completed according to such plans as filed within from date of this ordinance. (6) Restoration. Nothing in this ordinance shall prevent the reconstruc- tion, repairing, rebuilding, and continued use of any non- conform- ing building or structure damaged by fire, collapse, explosion, or acts of God subsequent to the date of this ordinance, wherein the expense of such work does not exceed per cent of the value of the building or structure at the time such damage occurred. (7) Wear and Tear. Nothing in this ordinance shall prevent the reconstruc- tion, repairing, or rebuilding of a non conforming building, structure, or part thereof existing at the effective date of this ordinance, rendered necessary by wear and tear, deterioration, or depreciation, provided the cost of such work shall not exceed per cent of the value of such building -40- or structure at the time such work is done; nor prevent compliance with the provisions of the Anaheim Building Code and State Housing Acts relative to maintenance of buildings or structures. (8) Abandonment. A non conforming use of a building or premises which has been abandoned shall not thereafter be returned to such non- conforming use. The non conforming use shall be considered abandoned: (a) When the intent of the owner to discontinue the use is apparent; or (b) When the characteristic equipment and the furnish ings of the non conforming use have been removed from the premises and have not been replaced by similar equipment within year(s) unless other facts show intention to resume the non conforming use; or, (c) When it has been replaced by a non conforming use; or (d) When it has been changed to another use under per- mit from the Planning Commission or the City Council. (9) Displacement. No non conforming use shall be extended to displace a con- forming use. (10) Cessation Junk and Wrecking Yards. No junk or automobile wrecking yard not within an enclosed masonry building and not within a heavy industrial zone shall be operated or maintained for more than months after a zoning change to a zone within which such yard is not permitted, except that in a Light Industrial Zone where the City Council deter- mines that it is impractical to roof over a large area containing junk material or an automobile wrecking yard, the Council may permit the construction around such area of a -foot high 41 masonry wall or a substantially higher tight or semi -tight fence, whichever in its opinion is more appropriate in the surroundings of the property and may then permit for a specified time the con- tinued use of such property for such purpose. (11) Unlawful use not authorized. Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this ordinance or the change of any zone. SECTION 18.12.040 A person shall not use any premises in any rrsidential zone which is designed, arranged, or intended to be occupied or used for any purpose other than as expressly permitted in this ordinance. SECTION 18.12.050 In any neighborhood building project during construction and sixty (60) days thereafter property in a residential zone may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor's temporary office. SECTION 18.12.060 BUILDING PERMIT REQUIRED. No building or structure shall be erected, added to, or structurally altered until a permit therefor shall have been issued by the Building Inspector of the City. All applications for such permits shall be in accordance with the requirements of this ordi- nance and no building permits shall be issued where such construc- tion, addition, or alteration, or use thereof would fail to meet or be in violation of any provisions and requirements of this ordinance. SECTION 18 12.070 REQUISITES TO THE ISSUANCE OF A BUILDING OR USE PERMIT. (A) There shall be submitted with all applications for any use or building permit three (3) copies of a plot or site plan 42 drawn to scale showing the exact dimensions of the lot to be built upon, exact size, shape and location of the buildings to be built upon such lot, the location of any existing curbs, the distance of any lot line abutting a street from the monumented center line of such street, the location of the planned highway line, if any, the location of all driveways, and the location and width of any curb openings, and such other information as may be necessary to determine whether the proposed structure or use complies with the provisions of this ordinance; such application shall include the following: (1) Height of structure. (2) All entries and exits. (3) Location and size of all signs. (4) Off street parking. (5) The manner in which all requirements for street dedications and improvements shall have been complied with or a performance bond posted together with two (2) sets of plans and specifications (B) The required number of sets of plans and specifica- tions and site plans shall be filed in the Office of the Plannint, Director. One set of plans and specifications together with a site plan shall be distributed to the Building Inspector and the other set of plans to the Engineering Department. The copy of said plans and specifications retained by the Planning Director shall be at all times kept in the file for use at hearings before the Planning Commission or the City Council. (C) No building permit shall be issued by the Chief Building Inspector unless the Planning Director and the Engineer- ing Department shall first approve the application as being in compliance with the Zoning Ordinance. Appeals may be taken from any refusal to approve such application or to issue the building permit to the City Council. Upon receipt of such appeal the City 43 Council shall cause the matter to be set for a public hearing and shall cause notice thereof to be sent to the appellant and to the Planning Director, Engineering Department, and Building Department of the City. SECTION 18.12.080 STREET DEDICATIONS AND IMPROVEMENTS REQUIRED. If the City Planning Commission or the City Council shall find that by reason of a change of zone or a proposed use of pro- perty there will be an increase in the vehicular traffic including trucking increase, increase in pedestrian traffic, increased noise and other activities associated with the development and use of the property, and a dedication for establishment of streets and street widening and improvements are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of land, the applicant or property owner may be required, as a condition of the approval of the zone change, or the granting of a Variance or a Special or a Conditional Use Permit, to dedicate and improve such portion of his property as the City Planning Commis- sion or the City Council shall find and determine to be reasonable and necessary to avoid the conditions above mentioned. CHAPTER 18.14 SECTION 18.14.010 OFF- STREET PARKING AND LOADING. (1) In all the zones in the City off street parking and loading space shall be provided in the various zones as hereinafter set forth. (2) LOCATION OF PARKING SPACES, COMMON FACILITIES. All off street parking spaces whether in a garage or open air shall be so located as to be accessible and usable for the park- ing of motor vehicles. Common parking facilities may be provided in lieu of individual requirements, provided the common parking facilities have a total number of parking spaces not less than the total number of individual requirements, less any individual re- quirements actually provided, and meets., the requirements of the zones in which they are located. "Accessible" as used above in reference to a garage and not having an entrance on an alley means that there shall be an unobstructed surface area extending from the garage entrance directly away therefrom for a distance of thirty (30) feet. Such surfaced area shall be feet in width for the entire thirty (30) feet. (3) MINIMUM REQUIREMENTS. The following off street parking requirements shall apply to all buildings erected and new or extended uses commenced after the effective date of this ordinance, and except in the "R -A," "R -S," "R -0," and "R -1" Zones the number of garage spaces permitted shall not exceed twice the required minimum spaces. ZONE OR USE. For dwellings° R -A One space per dwelling unit in a garage. R -S One space per dwelling unit in a garage. R -0 One space per dwelling unit in a garage. R -1 One space per dwelling unit in a garage. R -2 One space per dwelling unit in a garage. -45 R -3 One space per dwelling unit in a garage. For the following zones (unless specific uses specify a greater or permit a lesser amount): C -1 -N Six spaces per thousand square feet of gross floor area. C -1 Ten spaces per thousand square feet of gross floor area. C -2 Three spaces per thousand square feet of gross floor area. C -3 Six spaces per thousand square feet of gross floor area. C -4 Six spaces per thousand square feet of gross floor area. C -5 Seven spaces per thousand square feet of gross floor area. C -6 Ten spaces per thousand square feet of gross floor area. C -7 Ten spaces per thousand square feet of gross floor area. M -1 Two spaces per thousand square feet of gross floor area M -2 Two spaces per thousand square feet of gross floor area. Amusement Twenty spaces per thousand square feet of Centers gross floor area. If the amusement center is of the type where there is a substantial ground space unenclosed which is used for the purpose of the amusement center, the Commission or the Council as a condition of approving a zone change, granting a Variance, a Conditional Use Permit or upon recommendation of the Develop- ment Review Board for the issuance of a building 46 permit, may require such additional parking space as may be found to be reasonably necessary. An appeal may be taken from the decision of the Commission to the City Council, which appeal may be heard at a regular meeting or may be set for hearing upon a specific date and may be decided by the City Council de novo. Apartment One and one fourth spaces per apartment unit Hotels up to forty; one space per apartment unit over forty. Banks Six spaces per thousand square feet of gross floor area. Bowling Five spaces per alley. Alleys Churches and One space per five seats or per forty square Places of Assembly feet of floor area in places of assembly, whichever is the lesser. Colleges One space per three enrolled students of the contemplated maximum enrollment, plus one space per employee. Drive -in Twenty -five spaces per thousand square feet Restaurants of gross floor area. Eating and Eight spaces per thousand square feet of Drinking Places gross floor area. Hospitals, One space per thousand square feet of gross Welfare Institutions floor area or one space for each two beds, whichever requires more spaces. Hotels One and one fourth spaces per guest room or suite up to forty; one space per guest room or suite over forty. Industries Two spaces per thousand square feet of gross floor area. 47 Lodges and Six spaces per thousand square feet of gross Clubs floor area. Mortuaries One space per forty square feet of floor area in assembly rooms. Offices, Four spaces per thousand square feet of General gross floor area. Offices, Eight spaces per thousand square feet of Medical, Dental gross floor area. Offices, Non- Two spaces per thousand square feet of public,Employ- ees Only gross floor area. Open Industrial One space for every two of the maximum con Uses templated number of employees on duty at one time or per twenty -five hundred square feet of lot area, whichever is greater. Rest Homes One space per one thousand square feet of gross floor area or one space for each two beds, whichever requires more spaces. Tourist Courts, One space per sleeping room or living unit. Motels Trade Schools, Six spaces per thousand square feet of gross Business Colleges floor area. Schools, One space per employee, plus one space per Elementary and Junior five seats or per forty square feet of High floor area in place of assembly, whichever is the lesser Schools, One space per six students of the contem- High Wholesaling, Warehousing plated maximum enrd]ment, plus one space per employee. One space per thousand square feet of gross floor area plus one space per truck of the maximum contemplated number that will be stored upon the premises at one time. -48- (4) MIXED USES. In the case of mixed uses the parking facilities required shall be the sum of the requirements for the various individual uses computed separately in accordance with this section; parking facili- ties for one use shall not be considered as providing the required parking facilities for any other use. (5) LOCATION OF FACILITIES. Special purpose off street automobile parking facilities to the extent required in this section may be provided either on the same lot or on premises within the parking generator or on any lot or premises a substantial portion of which at least is within feet of such parking generator. "Space" as used above means a single parking space. Each space within a garage shall have a floor area of not less than ten (10) feet in width and twenty (20) feet in depth. In open air parking spaces the dimensions of each parking space and the access lanes to such parking space shall be not less than feet in width and feet in length for right angle parking spaces and feet in width and feet in length for diagonal parking spaces. Where neither a garage nor a carport is specifically re- quired, open air parking spaces shall be required in the same number and dimensions as set forth for garages in the various zones above mentioned. Where there is more than one type of use,the parking re- quirements shall be the sum total of the individual types of uses. (6) DESIGN STANDARDS. Every lot or parcel of land used as a public or private parking area shall be developed and maintained in the following manner (a) All off street automobile parking facilities shall be designed with appropriate means of vehicular 49 access to street or alley as well as maneuvering areas. No driveway or curb -cuts" in any zone shall exceed twenty -five (25) feet in width, and detailed plans shall be submitted to the Director of Public Works for approval for all curb -cuts or driveway openings before a permit may be obtained therefor. (b) Surface of parking areas. Off- street parking areas shall be paved or otherwise surfaced and main- tained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. (c) Parking areas shall be used for automobile parking only with no sales, dead storage, repair work, dis- mantling or servicing of any kind. (d) Border Barricades. Every parking area that is not separated by a wall from any street or alley upon which it abuts shall be provided with a suitable concrete or timber barrier not less than six (6) inches in height. No portion of such barrier shall be closer to the sidewalk line or the required yard line than thirty-six (36) inches. Such barrier shall be securely installed and maintained but no such barrier shall be required across any driveway or entrance to the parking area (e) Lights. Any lights provided to illuminate such parking areas shall be so arranged as to reflect the light away from any adjoining residential premises. (f) Fences and Walls. When abutting a residential zone or an alley which abuts a residential zone except for access drives or walks and buildings,there shall be a solid masonry wall not less than five (5) 50 (7) feet nor more than six (6) feet in height erected along and immediately adjacent to the abutting property line that is the zone boundary. Such wall shall be erected by the developer of the park- ing lot. Where such a zone boundary is a side property line, the wall shall be reduced in height to three (3) feet within the front yard setback area for the abutting residential zone. CHANGE IN REQUIREMENTS. Whenever, after the date of this ordinance, there is a change in the number of employees or business visitors or in the law- ful use of the premises, or in any other unit of measurement specified in any of the foregoing paragraphs of this section, and whenever such change creates a need for an increase or a decrease of more than fif- teen (15) per cent of the number of off street automobile parking spaces as determined by the requirements of this section, more or less off street parking facilities shall be provided within a reasonable time on the basis of the adjusted needs as determined by this section. In case of unusual hardship arising out of the requirements of this paragraph recourse may be had to the City Planning Commission or the City Council by a variance for a waiver of the requirements hereof. SECTION 18.14.020 LOADING SPACE REQUIREMENTS. Every hospital, institution, hotel, commercial or industrial building hereafter erected, structurally altered or established shall have and thereafter continuously maintain off street loading spaces as follows: Total Sq. Ft. of Loading Building Space Spaces (Gross Floor Area) Required Commercial Buildings 3,000 15,000 15,001 50,000 50,001 and over 51 1 2 3 Type A Type A Type A Total Sq. Ft. of Loading Building Space Spaces (Gross Floor Area) Required Hospitals and 3,000 20,000 1 Type A Institutions 20,001 50,000 2 Type A 50,001 80,000 3 Type A 80,001 110,000 4 Type A 110,001 and over 5 Type A Hotels and Office 3,500 50,000 1 Type A Buildings 50,001 100,000 2 Type A 100,001 and over 3 Type A Industrial Buildings 3,000 15,000 1 Type B 15,001 50,000 2 Type B 50,001 and over 3 Type B All Type A loading spaces shall be not less than twenty (20) feet in length, twelve (12) feet in width with fourteen (14) feet of vertical clearance space. All Type B loading spaces shall be not less than forty (40) feet in length, twelve (12) feet in width with fourteen (14) feet of vertical clearance space. These loading spaces shall be in addition to off street parking requirements. SECTION 18.14.030 CUL -DE -SACS, WIDTH AND DEPTH OF LOTS, HOW DETERMINED. The width of lots on a cul-de -sac shall be determined by the length of a line which is at right angles to the radius line and fif- teen (15) feet back from the point the radius line crosses the mean of the front property line. The depth of the lot shall be determined by the shortest side lot line which shall be not less than eighty (80) feet. SECTION 18.14.040 INTERSECTION VISIBILITY. All corner lots subject to yard setback requirements shall maintain for safety vision purposes a triangular area determined as follows: the side of such triangle shall consist of a fifteen (15) foot line along the property line of the abutting streets, measured from the corner where such property lines intersect. The base line -52- of such triangle shall be a line joining the termini of the afore- mentioned sides; provided, however, in no event shall such base line be required to be further from the corner than the intersection of the front and side yard setback lines. The side lines of such triangle may be equally reduced to the extent necessary. Within such triangular area no fence, shrub or other physical obstruction shall be higher than thirty -six (36) inches above the immediately adjacent curb grade, except trees, which are permitted only if the trees are kept trimmed free of foliage and branches between a height of three (3) feet and six (6) feet above the immediately adjacent curb grade. Except in the case of main buildings all non- conform- ing obstructions shall be eliminated within ninety (90) days from the effective date of this ordinance. SECTION 18.14.050 TEMPORARY CONSTRUCTION BUILDINGS. Temporary structures for the housing of tools and equip- ment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such projects; provided such temporary structure may not be maintained for a period exceeding one year. SECTION 18.14.060 ACTS BY A DEPUTY. Whenever a power is granted to, or a duty is imposed upon, a public officer or employee the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized unless this Code expressly provides otherwise. SECTION 18.14.070 BUILDING HEIGHT LIMIT EXCEPTIONS. All buildings hereafter erected and existing buildings which may be reconstructed, altered moved or maintained or enlarged shall comply with the height regulations of the zone in which they may be located, with the following exceptions: penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or 53 similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, water tanks or wireless masts, or similar structures may be erected above the height limits here- in prescribed; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances, but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space. SECTION 18.14.080 PERMITTED ENCROACHMENTS IN REQUIRED YARDS. (A) Cornices, eves, sills, buttresses and fireplaces may extend or project into a required side yard not more than four (4) inches for each one (1) foot of the width of such side yard and may extend or project into a required front or rear yard not more than thirty (30) inches. No projections are permitted into a re- quired side yard which are less than eight (8) feet above the ground level, except fireplaces. (B) Fire escapes may extend or project into the side or rear yard not more than one (1) foot and not into a required front yard at all. (C) Open unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required rear yard not more than four (4) feet and not into a required front yard at all. (D) Uncovered and unrailed porches, platforms or landing places which do not extend more than one (1) foot above the ground level are permitted in a required side yard. Porches may extend into a required rear yard six (6) feet. (E) Guard railings for safety protection around depressed ramps, fences, hedges or landscaped architectural features not more than three and one -half (3k) feet in height may be located in any side or rear yard. -54- (F) Fences. A six -foot fence, wall or hedge may be erected in the required side or rear yard. For corner visibility requirements see preceding Section 18.14.040 relating to inter- section visibility. (G) Fences, walls or hedges may be erected in a required front yard but shall not exceed three (3) feet in height. For corner visibility requirements see Section 18.14.040 relating to intersection visibility. SECTION 18.14.090 NO CONFLICTING LICENSES OR PERMITS SHALL BE ISSUED. 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 provisions of this Code. No such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this Code shall be issued. Any such license or permit if issued in conflict with the provisions hereof shall be null and void. SECTION 18.14.100 OCCUPANCY PERMIT. No building or structure hereafter erected or structurally altered shall be used or occupied and no change in the existing type of occupancy in any building or structure shall be made until a certificate of occupancy therefor shall have been issued. Such certificate of occupancy shall be issued by In case of a denial of the application for such certificate of occupancy the applicant may appeal to the City Council. Upon the hearing of such appeal the City Council may affirm, reverse or modify the decision of or may issue a certifi- cate of occupancy in accordance with its findings and determination. SECTION 18.14.110 SIGNS APPROVAL OF STANDARDS. Where approval of a sign is required no such approval shall be given unless the location, size, character and design of the signs are such that when erected: (1) It will not cause a substantial depreciation in property values in the neighborhood. 55 (2) It will not cast light into any residential area. (3) Its size will not be disproportionately larger than other signs in the neighborhood. (4) The sign will in no way endanger the health and safety of operators of motor vehicles on the streets or highways through the use of motion, sound or other mechanical devices, blinkers, flashing or unusual lighting or other means which cause distractions. (5) If located within one hundred and fifty (150) feet of a street intersection it contains no red or green colored lights. SECTION 18.14.120 SIGNS, ZONING ORDINANCE. Whenever there is any conflict or inconsistency between the zoning provisions of this Code and Title 4, Chapter 4.04 of this Code entitled "Outdoor Advertising Signs and Structures General" as to the type or characteristics of signs or billboards, their size or permitted location, the provisions of Title 4, Chapter 4.04 hereof or any Conditional Use Permit or Variance granted thereunder whether more or less restrictive than the provisions of this chapter shall prevail but all other provisions of this chapter shall remain in full force and effect. AND BE IT FURTHER RESOLVED that the above proposals be, and the same are hereby, referred to the Planning Commission of the City of Anaheim for a report and a recommendation and before making such report such Commission be, and it is hereby directed, to hold at least one public hearing in the manner prescribed by law and to make a report and a recommendation to the City Council together with a summary of the evidence received at such hearing or hearings. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of November 19 62 ATTEST: yi e-42 G i 1 CLERK OF THE CIT 0 AIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 20 day of November 19 62 by the following vote of t members thereof. AYES COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 20th day of November 19 62 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of November 19 62 CI CLERK OF THE CITY OF ANAHEIM