Ordinance No. 90 (B)ORDINANCE NO. 90
67
AN ORDINANCE OF THE CITY OF CYPRESS TO ESTABLISH USE
ZONES REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS
AND SIZE OF YARDS; TO ESTABLISH AREA DISTRICTS IN WHICH
MINIMUM AREAS ARE DEFINED; PROVIDING FOR THE ADOPTION,
AMENDMENT AND ENFORCEMENT OF SUCH REGULATIONS, PRESCRIBING
PENALTIES FOR VIOLATION, AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
The City Council of the City of Cypress does ordain as follows:
PART 1
DEC LA.RAT ION OF PURPOSE
Section 100: PURPOSE OF ORDINANCE: purpose of this Ordinance
is to encourage, classify, designate, regulate, restrict, and segregate
the highest and best location and use of buildings, structures, and land
for agriculture, residence, commerce, trade, industry, or other purposes
in appropriate places; to regulate and limit the_ height, number of stories,
and size of buildings and other structures hereafter designed, erected
or altered; to regulate and determine the size of yards and other open
spaces; and to regulate and limit the density of population, and for
said purposes to divide the City of Cypress into zones of such number,
shape and area as may be deemed best suited to carry out these regulations
and provide for their enforcement. Such regulations are necessary in
order to encourage the most appropriate use of land; to conserve and
stabilize the value of property; to provide adequate open spaces for light
and. air and to prevent and fight fires; to prevent undue concentration of
population; to lessen congestion of streets; to facilitate adequate pro-
visions for community utilities such as transportation, water, sewerage,
schools, parks and other public requirements; and to promote the public
health, safety and general welfare, of the City of Cypress.
Section 101: NAME OF ORDINANCE: This Ordinance shall be known as
the "Zoning Ordinance of the City of Cypress."
Ordinance No. 90
PART 2
DEFINITIONS AND STANDARDS
Section 102: DEFINITIONS AND STANDARDS: For the . purpose of carrying
out the intent of this Ordinance, words, phrases and terms shall be deemed
to have the meaning ascribed to them and shall be interpreted to have the
standards and include the parts, elements, and features set forth in the
following paragraphs. When not inconsistent with the context, words used
in the present tense include the future; words in the singular number include
the plural; and words in the plural number include the singular. Article
and Section headings shall not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent of any Section hereof.
AABUT shall mean contiguous to; for example, two adjoining lots with
a common property line are considered to be abutting.
ACCESS AND /OR ACCESS WAY _.shall mean the place,.means, or way by
which pedestrians and vehicles shall have safe, adequate and usable in-
gress and egress to a property and /or use, as required by this. Ordinance.
ACCESSORY BUILDING s4s11 mean a building, part of building, structure
which is subordinate to, and the use of which is incidental to that of
the main building, structure, or use on the same lot. It shall not mean
separate living quarters or guest house.
ACCESSORY LIVING QUARTERS shall mean the same as "Guest House ".
ACCESSORY USE shall mean a use incidental, appropriate, subordinate,
and devoted exclusively to the main use of the lot or building.
ADJACENT shall mean near,, close, or contiguous to; for example, an
industrial zone across a street or highway from a residential zone shall
be considered as "adjacent".
ADVERTISING STRUCTURE shall mean a structure of any, kind or character
erected or maintained for outdoor advertising purposes, upon which any
poster, bill, printing., painting, or other advertisement of any kind what-
soever may be placed, including statuary, for the purpose of advertising
the business or activity on the premises, but shall not include official
notices issued by any court or public. body or officer, notices posted by
any public officer in performance of a public duty,. or .by. any person in
giving legal notice; directional, warning or information structures re-
quired by or authorized by law or by federal state =county authority.
ADVISORY AGEN�CX. shall mean the Planning Commission which is. herein
designated as the Advisory Agency to the City Council on all matters re-
lated to the zoning and use of land and structures.
AIRPORT shall mean any area which is used or is intended to be used
for the taking -off and landing of aircraft, including helicopters, and
appurtenant areas which are used or are intended to be used for airport
building or facilities, including open spaces,_ taxiways,. and ti -down areas.
_ ALLEY shall mean a public or private way, at the rear or side of
property, permanently reserved as a.means of secondary vehicular access to
abutting property.
ALTERED shall mean the same as "Structural Alterations ".
AMENDMENT shall mean an addition, deletion or change_ in the wording,
context or substance of this Ordinance.
ANIMAL HOSPITAL, shall mean..a.place where animals or pets.are given
medical or surgical treatment and are cared. for during the time of such
treatment. Use as a kennel shall be only inc.idental..to.such hospital use.
Ordinance No. 90
APARTMENT shall mean a room or suite of two (2) or more rooms in a
multiple dwelling, occupied or suitable for occupancy as a residence for
one (1) family. Kitchens and baths shall not be considered rooms for the
purpose of this definition.
APARTMENT HOTEL shall mean a building or portion thereof used or
containing a combination of three (3) or more dwelling units and six (6)
or more guest rooms or suites of rooms.
APARTMENT HOUSE shall mean a building or portion thereof designed or
used for three (3) or more dwelling units, or a combination of three (3)
or more dwelling units and not more than five (5) guest rooms or suites
of rooms.
ASSESSOR. The word "Assessor" shall mean the County Assessor of the
County of Orange.
AUTOMOBILE AND TRAILER SALES LOT shall mean an open area for the dis-
play,_sales, and /or rental of new or used automobiles, and, trailer coaches,
but where no repair, repainting or remodeling is done.
AUTOMOBILE SERVICE STATION shall mean a business which services motor
vehicles, including tube and tire repairs, battery charging, storage of
merchandise, and supplies related to the servicing of motor vehicles, sale
of gasoline and lubricants, automobile washing (not including mechanical
car wash) and grease racks, but excluding automobile repairs, body and
fender works, engine over- hauling or other similar activities.
AWNING shall mean any permanent or removable projection designed for
shade, attached to the building by brackets, or other means, but not having
any direct connection or support on the mound.
BACHELOR APARTMENT shall mean living room and bath with kitchen
optional.
BASEMENT shall mean a space wholly or partly underground, and having
more than one -half O of its height, measuring from its floor to its
ceiling below the average adjoining grade; if the finished floor level
directly above a basement is more than six (6) feet above grade at any
point, such basement shall be considered a story. A basement shall not
be occupied for sleeping purposes.
'3ILLBOARD shall mean any sign or advertising structure used as an
outdoor display for advertising which does not pertain to the business
or activity on the premises where the billboard is located, but shall
not include_official notices, etc., listed as excluded under "Advertising
Structure".
BLOCK FRONTAGE .shall mean all property fronting on one (1) side of
a street between intersecting and intercepting streets, or between a
street and right -of -way, water wavy, end of cul -de -sac, or City Boundary.
An intercepting street shall determine only the boundary of, the block
frontage on the side of the street that it intercepts.. Where the City
boundary intersects or intercepts a street in a block as described herein,
the block shall be considered to end at the City boundary.
BOARDING AND /OR ROOMING HOUSE shall mean a building containing a
single dwelling unit and with not more than five (5) guest rooms, where
lodging is provided with or without meals.for compensation.; not including
rest homes or homes for the aged.
BREEZEWAY shall mean a roofed passageway, open on at least one (1)
side, where the roof is in keeping with the design and construction of the
main building. Said breezeway shall be considered an inner court created
by a roof structure connecting two (2) buildings.. A breezeway shall be
not less than eight (8) feet in width, as required in "Distance Between
Buildings".
Ordinance No. 90
BUILDING shall mean any structure built and maintained for the
support, shelter or enclosure of persons, animals, chattels or property
of any kind. The word "building" as used in this Ordinance shall include
the word "structure".
BUILDING. HEIGHT OF:sha],1.mean the vertical distance measured from
the adjoining curb level to the highest point of the building, exclusive
of chimneys and ventilators and.other exceptions. to building height per-
mitted in the zones; provided however, that where buildings are set back
from the street line, the height shall be measured from.the average ele-
vation of the finished grade at.the front of the building.
BUILDING, MAIN_ shall mean a building within which is conducted the
principal use permitted on the lot, as provided by this Ordinance.
BUILDING SITE, shall mean the ground area of a building together
with all the open space required by this Ordinance.
BUSINESS shall_ mean the same as "Commerce ".
CABANA shall mean a small accessory building related to a mobile
home or awimming pool. Said structure shall not be used for sleeping
purposes.
CARPORT shall mean a permanent roofed structure with not less
than two (2) .enclosed sides, used for automobile shelter and automobile
storage only.
CENTER LINE. smell mean the same as "Street Center Line".
CHURCH shall mean a permanently located building commonly used
for religious worshipfully enclosed with walls (including windows and
doors) and having a roof_ (canvas or fabric. excluded).. and.conforming to
applicable legal requirements affecting design and construction.
CITY. The word "City" shall mean the City of Cypress.
CLINIC, shall mean a place for group medical services not involving
overnight housing of patients.
gam shall mean an association of persons (whether or not incorpor-
ated) religious or otherwise, for social purpose, but not including groups
which are organized primarily to render a service carried on as a busi-
ness for profit.
COMMERCE shall mean the purchase,. sale or other transaction involv-
ing the handling or disposition (other than that included in the term
"Industry" as-defined herein) of any article, substance or commodity-for
livelihood or profit, including in addition, oPeration of automobile or
trailer parks, tourist courts and motels, public garages, office build-
ings, offices of doctors and other profesaionals,outdoor advertising signs
and structures, public stables, recreational amusement enterprises con-
ducted for profit, shops for the sale of personal services, places where
commodities or services are sold or are offered for sale, either by
direct handling of merchandise or by agreements to furnish them, but not
including dumps and junk yards.
COMMISSION OR PLANNING COMMISSION, The word "Commission" or "Planning
Commission" shall mean'Ahe Planning Commission of the City of Cypress.
CONTIGUOUS shall mean the same as "Abut ".
CONVALESCENT HOME shall mean the same as "Rest Home ".
CORNER CUTBACK shall mean the provision for and maintenance of
adequate and safe visibility for vehicular and pedestrian traffic at all
intersections of streets, alleys, and /or private driveways, as provided
in the zones.
Ordinance No. 90
COUNCIL OR CITY COUNCIL. The word "Council" or "City Council" shall
mean the City Council of the City of Cypress.
COUNTY. The word "County" shall mean the County of Orange.
COUNTY RECORDER. The words "County Recorder" shall mean the County
Recorder of Orange County.
COURT shall mean an open, unoccupied space, other than a yard, on
the same lot with a building and bounded on two (2) or more sides by
such building.
COURT, APARTMENT shall mean a group of dwellings arranged about two
(2) or more sides of a court which opens into a dedicated street or public
way, or on a place approved by the Commission.
COURT. INNER shall mean a court enclosed on all sides by exterior
walls of a building or by exterior walls and lot lines on which walls are
allowable.
COURT. OUTER shall mean a court enclosed on not more than three sides
by exterior walls and lot lines on which walls are allowable with one
(1) side or end open to a street, driveway, alley or yard.
DAY NURSERY shall mean any group of buildings, building or portion
thereof used primarily for the day -time care of children.
DISTRICT shall mean the same as "Zone ".
DORMITORY shall mean a room designed, intended or occupied as
sleeping quarters by two (2) persons. Every one hundred (100) square
feet of total enclosed floor area in a dormitory shall be considered
as a separate room for purpose of calculating off - street parking re-
quirements.
DRIVEWAY shall mean an access way to a required off - street park-
ing facility. A driveway shall be paved to a minimum width of ten (10)
feet and shall be open and unencumbered to a height of not less than
eight (8) feet. It shall be safe and usable.
DUMP shall mean a place used for the disposal, abandonment,, dis-
carding, dumping, reduction, burial, incineration, or by any other means,
of any garbage, trash, refuse, or waste material.
DUPLEX shall mean the same as "Dwelling, Two (2) Family".
DWELLING shall mean a building or portion thereof designed and
used exclusively for residential occupancy, with exception of per-
mitted home occupations, including one - family, two - family, and multiple
dwellings, but not including hotels, boarding or rooming houses.
DWELLING, MULTIPLE shall mean a detached building designed and used
for occupancy by two (2) or more families, all living independently of
each other and having separate kitchen facilities for each family.
DWELLING SINGLE FAMILY shall mean a detached building designed
or used exclusively for the occupancy of one (1) family and having a
kitchen facility for only one (1) family.
DWELLING�,TY�iO FAMILY shall mean a building designed or used
exclusively for the occupancy of two (2) families living independent-
ly of each other and having separate kitchen facilities for each family.
DWELLING UNIT shall mean one (1) or more rooms in a dwelling
apartment house or apartment hotel designed for or occupied by one (1)
family for living or sleeping purposes and having only one (1) kitchen.
Ordinance No. 90
EASEMENT shall mean a space on a lot or parcel of land, and so indi-
cated on a subdivision map, deed restriction, or otherwise, reserved
for or used for public utilities or public uses.
EDUCATIONAL INSTITUTION, shall mean public, parochial, and other
non - profit institutions conducting regular academic instruction at kin-
dergarten, elementary secondary, and collegiate levels, and including
graduate schools, universities, and non - profit research institutions.
Such institutions must either (1) offer general academic instruction
equivalent to the standards prescribed by the State Board of Education,
or (2) confer degrees as a college or university of undergraduate or
graduate standing, or (3) conduct research. This definition does not
include schools, academies or institutes, incorporated or otherwise
which operate for a profit, nor does it include commercial or trade
schools.
EMPLOYEES',QUARTE .. Quarters for the housing of agricultural
employees when such quarters are located upon land of the employer,
the main use of which is farming, and when such employees reside and
perform agricultural work only upon land owned or leased and operated
by said employer.
FAMILY
shall mean an individual or two (2) or more persons related
by blood, marriage, or adoption or a group of not more than three (3)
persons, excluding servants, who are not related by blood, marriage or
adoption, living together as a single housekeeping unit in a dwelling
unit.
FEDERAL GOVERNMENT. The words "Federal Government" shall mean the
Government of the United States.
FENCE shall mean any device forming a physical barrier between two
(2) areas. This shall include wire mesh, steel mesh, chain link, louvre,
stake, masonry and lumber and other similar materials.
FLOOR AREA shall mean 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 exclusively
to uses accessory to the operation of the building. All horizontal
dimensions shall be taken from the exterior faces of walls including
walls or other enclosures of enclosed porches. Whenever the term "floor
area" is used in this Ordinance as .a basis for requiring off - street
parking for any structure, it shall be assumed that, unless otherwise
stated, said floor area applies not only to the ground floor area but
also to any additional stories and /or basement of said structure.
FREEWAY shall mean a freeway so indicated on the General Plan or
as designated by the State Division of Highways.
FRONT WALL shall mean the wall of the building or structure nearest
the street which the building fronts, but excluding certain architectural
features as cornices, canopies, eaves or embellishments.
FRONTAGE shall mean the line where a lot abuts on a dedicated street
or highway right -of -way line. Frontage is expressed in lineal feet and
is measured along said right -of -way line. Where a future street or high-
way right -of -way line has been established on the General or Master Plan
or other official plan, frontage shall be measured along that line.
GARAGE. PUBLIC shall mean any premises, used exclusively for the
storage of vehicles.
GARAGE, PRIVATE shall mean a detached accessory building or a
portion of a main building on the same lot as a dwelling used for the
housing of vehicles of the occupants of the dwelling, having a roof and
enclosed on not less than three sides.
Ordinance No. 90
GASOLINE SERVICE STATION shall mean the same as "Automobile Service
Station".
GENERAL PLAN. The words "General Plan" shall mean the General or
Master Plan for the City of Cypress, or any element of such a plan.
GLAZING shall mean the act of pasturing livestock on growing grass
or other herbage, or on dead grass or other dead herbage existing in
the place where grown, as the principal sustenance of the livestock so
grazed.
GREENHOUSE, shall mean a building or structure constructed chiefly
of glass, glass -like or translucent material, cloth or lath, which is
devoted to the protection or cultivation of flowers or other tender
plants, and shall be classified as a building in determining lot cover-
age.
GUEST shall mean any transient person who occupies a room for
sleeping purposes.
GUEST HOME shall mean the same as "Rest Home ".
GUEST HOUSE (ACCESSORY LIVING QUARTERS) shall mean living quarters
within a detached accessory building located on the same premise with
the main building, for use by temporary guests of the occupant of the
premises, such quarters having no kitchen facilities and not rented or
otherwise used as a separate dwelling unit.
GUEST ROOM shall mean a room which is designed to be occupied by
one, but not more than two (2) guest for sleeping purposes, but not
including dormitories.
HIGHWAY shall mean a major or secondary highway as delineated on
the General Plan or any element thereof. (See "Street ".)
HEDGE shall mean a plant or. series of plants, shrubs or other
landscape material, so arranged as to form a physical barrier or en-
closure.
GHW
HIAY RIGHT -Op -WAY LINE shall mean the future right -of -way
line for a Primary or Secondary Highway or Traffic Collector Street
as located and dimensioned in the Master Plan of Streets and Highways
or in this Ordinance. A yard abutting such a highway or street shall
be measured from this future right -of -way line.
HOME OCCUPATION shall mean 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 the structure for
dwelling purposes and which use does not change the character thereof
or does not adversely affect the uses permitted in the zone of which it
is a part. Home occupations may be engaged in where permitted by this
Ordinance provided the home occupation is approved by the Commission as
valid and conforming with the following criteria and conditions:
1. No employment of help other than the members of the resident
family.
2. No use of material or mechanical equipment not recognized as
being part of normal household or hobby uses.
3. No sales of products or services not produced on the premises.
4. The use shall not generate pedestrian or vehicular traffic
beyond that normal to the district in which it is located.
5. It shall not involve the use of commercial vehicles for de-
livery of materials to or from the premises.
6. No storage of materials and /or supplies, indoor or outdoor.
7. It shall not involve the use of signs and /or structures other
than those permitted in the district of which it is a part.
8. Not more than one (1) room in the dwelling shall be employed
for the home occupation.
Ordinance Ne_ 90
9. No building or space outside of the main building shall be
used for home occupational purposes.
10. In no way shall the appearance of the structure be so altered
or the conduct of the occupation within the structure be such
that the structure may be reasonably recognized as serving a
non - residential use (either by color, materials or construction,
lighting, signs, sounds or noises, vibrations, etc.)
11. There shall be no use of utilities or community facilities
beyond that normal to the use of the property for residential
purposes.
HOSPITAL shall mean any building or portion thereof used for the
accomodation and medical care of sick, injured, or infirm persons and
including sanitariums, alcoholic sanitariums, institutions for the
cure of chronic drug addicts and mental patients.
HOSPITAL, ANIMAL shall mean the same as "Animal Hospital ".
Wilk shall mean any building or portion thereof designed or
used or containing six (6) or more guest rooms or suites of rooms or
a combination of six (6) or more guest rooms or suites of rooms and
not more than two (2) dwelling units, but not including any institutions
in which human beings are housed or detained under legal restraint.
INDUSTRY shall mean the manufacture, fabrication, processing,
reduction or destruction of any article, substance or commodity, or
any other treatment thereof in such a manner as to change the form,
character of appearance thereof, and including storage elevators, truck
storage yards, warehouses, wholesale storage and other similar types
of enterprise.
JUNK shall be 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.
JUNK YARD shall mean 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 storage or keeping for sale of parts and equip-
ment resulting from such dismantling or wrecking, or for the storage or
keeping of junk, including scrap metals or other scrap materials. •
KENNEL shall mean any lot or premises on which.four (4) or more
dogs or other animals, at least four (4) months of age are kept, boarded,
or trained.
KITCHEN shall mean any area intended or designed to be used or
maintained for the cooking and /or preparation of food.
LAND USE ZONING MAP. The words "Land Use Zoning Map" shall mean
the Land Use Zoning Map of the City of Cypress.
LANDSCAPING shall include the original planting of suitable vege-
tation in conformity with the requirements of this Ordinance and the
continued maintenance thereof.
LOADING SPACE shall mean an off - street space or berth on the same
lot with a main building, or contiguous to a group of buildings, for
the temporary parking of commercial vehicles while loading or unloading,
and which shall abut a street, alley, or other appropriate means of in-
gress and egress.
LODGING HOUSE shall mean the same as "Boarding House ".
Ordinance No_ 90
ILL A lot, when referred to in this Ordinance shall mean:
A. A parcel of real property with a separate and distinct
number or other designation shown on a plat or map re-
corded in the office of the County Recorder, or
B. A parcel of real property delineated on an approved
record of survey, lot split or subparceling map as
filed in the offices of the City of Cypress and abutting
at least one (1) public street, or
C. A parcel of real property containing not less area than
required by the Use Zone in which it is located, abutting
at least one (1) public street and held under separate
ownership from adjacent property prior to the effective
date of this Ordinance.
LOT. CORNER shall mean a lot located at the intersection of two
(2) or more streets at an angle of not more than one hundred twenty
(120) degrees. If the angle is greater than one hundred twenty (120)
degrees it shall be considered an interior lot.
LOT, CUL- DE-SAC shall mean a lot fronting on, or with more than
one -half ( -) its width fronting on, the turn - around end of a cul -de -sac
street.
LOT, INTERIOR shall mean a lot other than a corner lot.
LOT,��_____KEY. shall mean any lot where the side lot line abuts the rear
lot line of one (1) or more other lots, and not separated by an alley.
LO,T,,, REVERSED CORNER, shall mean a corner lot, the side line of
which is substantially a continuation of the front lot lines of the
lots to its rear, whether across an alley or not.
LOT. NON - CONFORMING shall mean a lot whose area, width, or depth
is less than that required in the zone in which it is located.
LOT, THROUGH shall mean a lot having frontage on two (2) parallel
or approximately parallel dedicated streets, not including a corner or
reversed corner lot.
The Commission shall determine which frontage or frontages shall
be considered as the "lot front" or lot frontages for purpose of com-
pliance with yard and setback provisions of this Ordinance.
LOT AREA shall mean the total area, measured in a horizontal plane,
within the lot lines of a lot.
LOT DEPTH shall mean the average horizontal distance between the
front and rear lot lines measured in the mean direction of the side lot
lines. The depth of a cul -de -sac lot shall be measured at its narrowest
point.
LOT LINE shall mean any line bounding a lot as herein defined.
LOT LINE, FRONT on an interior lot, the front lot line is the
property line abutting a street. On a corner or reversed corner lot,
the front lot line is the shorter property line abutting a street. On
a through lot or a lot with three (3) or more sides abutting a street,
the Commission shall determine which property line shall be the front
lot line.
LOT LINE, REAR shall mean a lot line not abutting a street which is
opposite and most distant from the front lot line. In the case of an
irregular triangular or goreshaped lot, a line within the lot, parallel
to and at a maximum distance from the front lot line, having a length of
not less than ten (10) feet. A lot which is bounded on all sides by
streets may have no rear lot line.
Ordinance No. 90
LOT LINE. SIDE shall mean any lot line not a front lot line or rear
lot line. On a lot with three (3) or more sides abutting a street, all
lot lines abutting a street, other than the front lot line, may be side
lot lines.
LOT OF RECORD shall mean a parcel of land as shown on the records
of the County Assessor at the time of passage of this Ordinance.
LOTS PIE SHAPED shall mean a lot where the side lines are approxi-
mately radial to the curve of the street upon which it fronts. The
width of the lot measured at building set back line shall not be less
than the required minimum lot width of the use zone in which it is
located.
LOT WIDTH shall mean the horizontal distance between the side lot
lines, measured at the required building setback line.
MARQUEE shall mean a permanent, roofed structure attached to and
supported by the building and projecting over public property.
MAY. The word "may" is permissive; the word "shall" is mandatory.
MOBILE HOME shall mean the same as "Trailer, Residential ".
MOTEL shall mean a building or group of buildings used for transient
residential purposes containing guest rooms or dwelling units with auto-
mobile storage space provided in connection therewith, which building or
group is designed, intended, or used primarily for the accomodation of
transient automobile travelers; including groups designated as auto cab-
ins, auto courts, motor courts, motor hotels and similar designation.
NON - CONFORMING BUILDING shall mean a building or portion thereof
lawfully existing on the effective date of this Ordinance, which was
lawfully designed, erected or structurally altered for a use which does
not conform to the uses permitted in the zone in which it is located, or
which does not comply with one or more of the property development
standards of the zone in which it is located.
0�1 N- CONFORMING USE shall mean a lawful use of a building or land
existing on the effective date of this Ordinance which does not conform
to the uses permitted in the zone in which it is located.
NURSERY SCHOOL shall mean the same as "Day Nursery".
NURSING HOME shall mean the same as "Hospital ".
ORDINANCE OR ZONING ORDINANCE. The words "Ordinance" or "Zoning
Ordinance" shall mean the Comprehensive Zoning Ordinance of the City
of Cypress.
PARCEL OF LAND shall mean the same as "Lot ".
SING AREA; PRIVATE shall mean an open area, other than.a street,
used for the parking of automotive vehicles and restricted from general
public use.
PARKING AREA, PUBLIC shall mean an area, other than a private park-
ing area or street used for the parking of vehicles and available for
public or quasi - public use, either free or for renumeration.
PARKING SPACE, AUTOMOBILE mean space exclusive of driveways,
ramps, columns, loading areas, office or work areas within a building
or open parking area for the parking of one (1) automobile. A parking
space shall be not less than ten (10) feet in width, twenty (20) feet in
length and shall be accessible and usable for the parking of a standard
motor vehicle.
PATIO shall mean a roofed space on a residential lot with at least
forty (40) percent of unenclosed and screened side surface.
Ordinance No. 90
PERSON shall mean an individual, firm, co- partnership, joint venture,
association, social club, fraternal organization, corporation, estate, trust,
receiver, syndicate, the Federal or State government, city, county, special
district, or any other group or combination acting as an entity, excepting
therefrom the City of Cypress, a general law City.
PLACE shall mean an open, unoccupied space other than a street or alley,
permanently reserved as the principal means of access to abutting property.
PORTE - COCHERE shall mean an accessory structure open on three (3) sides
and attached to the side or front of a building through which cars pass and
which is established for the convenient loading and unloading of passengers
from an automobile. A porte - cochere is not a carport or garage nor may it
be used to satisfy off - street parking requirements.
PRECISE PLAN shall mean a plan prepared for a development which is
based on the general proposals in the General Plan. A precise plan may be
adopted pursuant to the Planning Law of the State of California.
PROPERTY LINE shall mean the same as "Lot Line ".
PROVISIONS. Tine word "Provision" shall include all regulations and
requirements referred to in the reference.
QUASI- PUBLIC ORGANIZATION shall mean any non - governmental, non - profit
organization that is devoted to public service and welfare.
RAMADA shall mean an arbor or pergola -like structure usually associ-
ated with the residential trailer.
RESIDENCE shall mean a building used, designed or intended to be used as
a home or dwelling.
REST HOME shall mean premises used for the housing of and caring for
the ambulatory aged -or infirm. There shall be only incidental convalescent
care not involving either trained nurse or physician residing on the premises.
There shall be no surgery, physical therapy or other similar activities such
as are customarily provided in sanitariums and hospitals.
RETAINING WALL shall mean a structure designed and intended to protect
grade cuts or retain the fill of dirt, sand, or other grading material.
REZONING shall mean the same as "Zone, Change of".
ROCK[ shall mean an unsubdivided portion of the interior of a dwelling
unit, excluding bathrooms, closets, hallways and service porches.
ROOMING HOUSE shall mean the same as "Boarding House ".
SANITARIUM shall mean a health station or retreat or other places
where patients are housed and where medical or surgical treatment is given.
SCHOOLS. ELEMENTARY1 INTERMEDIATE. JUNIOR HIGH AND HIGH, shall mean an
institution of learning which offers instruction in the several branches of
learning and study required to be taught in the public schools by the Edu-
cation Code of the State of California. (See "Educational Institutions ".)
SCHOOLS. TRADE shall mean private schools offering preponderant in-
struction in the technical, commercial and /or trade skills, such as real
estate schools, business colleges, electronic schools, automotive and air-
craft technicians' schools and similar commercial establishments.
SERVICE STATIONS shall mean the same as "Automobile Service Stations ".
SETBACK LINE. FRONT YARD shall mean the line which defines the depth of
the required front yard. Said setback line is parallel with the street line
or, when established by the faster Plan of Streets and Highways with the high-
way right -of -way line, or by the provisions of this Ordinance removed there-
from by the perpendicular distance prescribed for the front yard in the zone.
SETBACK LINF,RFAR YJRDOR SIDE_YARD shall mean the line which defines
the width or depth of the required rear or side yard. Said setback line is
parallel with the property line, removed therefrom by the perpendicular dis-
tance prescribed for the yard in the zone. The side yard on the street side
Ordinance No. 90
of a corner lot shall be measured from the planned street right -of -way,
the same as for the front yard.
SHALL. The word "shall" is mandatory; and the word "may" is permiss-
ive.
SIGN shall mean any card, cloth, paper, metal, painted or wooden sign
or any character placed for the purpose of advertising the business or ac-
tivity on the premises, on or to the ground or any tree, wall, bush, rock,
fence, building, structure or thing, either privately or publicly owned,
other than an advertising structure, but shall not include official notices,
etc., listed as excluded under "Advertising Structure ". "Sign" shall in-
clude "Advertising Structure" unless otherwise noted.
STABLE, PRIVATE shall mean a detached accessory building for the
keeping of horses owned by the occupants of the premises and not kept for
renumeration, hire or sale.
STABLE PUBLIC shall mean a stable other than a private stable.,
STAND, TEMPORARY. A structure which is readily movable and used or
intended to be used for the display or sale of seasonal agricultural or
farming products grown or produced on the premises.
STATE. The word "State" shall mean the State of California.
STORY shall mean a space in a building between the surface of any
floor and the surface of the floor next above, or if there be no floor
above, then the space between such floor and the ceiling or roof above.
(See Basement.)
STORY. HALF shall mean a story under a gable, hip or gambrel roof,
plates of which are not more than three (3) feet above the floor of such
story.
STREET shall mean a public thoroughfare or right -of -way dedicated,
deeded or condemned for use as such, other than an alley, which affords the
principal means of access to abutting property including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare, except
as excluded in this Ordinance. The word "Street" shall include all major
and secondary highways, freeways, traffic collector streets, and local
streets.
STREET CENTER LINE shall mean the center line of a street or right -
of -way as established by official surveys.
STREET LINE, shall mean the boundary line between a public street or
right -of -way and abutting property.
STREET, LOCAL shall mean any street, dedicated as such, serving as
the principal means of access to property, which street is not shown as
a Primary or Secondary Highway or Traffic Collector Street on the Gen-
eral Plan.
STREET. SIDE shall mean the street bounding a corner or reversed
corner lot and which extends in the same general direction as the line
determining the depth of the lot.
STRUCTURE shall mean anything constructed or built over the height
of six (6) feet, and edifice or building or any kind, or any piece of
work artificially built up or composed of parts jointed together in some
definite manner, which required location on the ground or is attached to
something having a location on the ground, excepting outdoor areas such
as patios, paved areas, walks, swimming pools, tennis courts and similar
recreation areas.
STRUCTURAL ALTERATIONS shall mean any change in the supporting mem-
bers of a building, such as in a bearing wall, column, beam or girder,
floor or ceiling joists, roof rafter, roof diaphragms, roof trusses, foun-
dations, piles, or retaining walls or similar components.
nrAi n,aneo Nn_ 9fl
SUP^RMARX!!T shall mean a market having ten thousand (in,n( )
or more square feet of floor area devoted principally to the sale of foorl.
SUPER. SERVICE STATION shall mean the same as "Automobile Service
Station" but also permitting incidental tire recapping (said tires to be
sold only on the premises), touch -up painting, minor body work in enclosed
building, incidental auto upholstery, and general merchandising of auto
equipment.
TRAILER. RESIDENTIAL shall mean a vehicle with or without motive power,
designed and constructed to travel on the public thoroughfares in accord-
ance with the provisions of the State Vehicle Code and to be used for human
habitation. No trailer shall be used as a place of human habitation ex-
cept in regularly established trailer parks.
TRAILER PARK OR MOBILE HOME PARK shall mean any area or tract of land
where space is rented or held for rent to two (2) or more owners or
users of residential trailers or mobile homes.
TRAILER SPACE shall mean a plot of ground within any trailer park
designed for the accomodation of one (1) residential trailer.
TRANSIENT shall mean a person who received dwelling accomodations
for a price, with or without meals, for a period of not more than one
hundred eighty (180) consecutive days.
TRUCK AND /OR TRAILER SALES LOT shall mean,an open area where trucks
and /or trailers are sold, leased or rented and where no repairs, repaint-
ing or remodeling is done.
URBAN AREA shall mean any land which is not in an agricultural zone.
URBAN LOT shall mean a lot containing less than twenty thousand
(20,000) square feet of area and which may be served by such urban facil-
ities as sanitary sewers, curbs, gutters, sidewalks, etc.
USE shall mean the purpose for which land and /or building is erected,
arranged, designed, or intended or for which land and /or building is or
may be occupied or maintained.
USED. The word "used" includes the words arranged for, designed
for, occupied or intended to be occupied for.
VARIANCE shall mean a permit for deviation from the provisions
established in the Zone in which the property is located, granted by
the Commission pursuant to this Ordinance.
VISUAL OBSTRUCTION shall be deemed to be fencing, hedges, trees,
shrubs and walls or any combination thereof which materially limits the
visibility of persons at intersecting or intercepting streets and alleys.
See also "Corner Cutback ".
WALL shall mean any structure or device forming a physical barrier,
which is so constructed that fifty (50) percent or more of the vertical
surface is closed and prevents the passage of light, air and vision
through said surface in a horizontal plane. This shall include concrete,
concrete block, wood, or other materials that are solids and are so
assembled as to form a solid barrier. Walls shall conform to Building
Department standards.
YARD shall mean any open space other than a court on the same lot
with a building or a dwelling group, which space is generally open from
the ground to the sky, except for the projections and /or accessory build-
ings permitted by this Ordinance. No required yard or other open space
around an existing building, or which is hereafter provided around any
building for the purpose of complying with the provisions of this Ord-
inance may be considered as providing a yard or open space for any other
building; nor may any yard or other required open space on an adjoining
lot be considered as providing a yard or open space on a lot whereon a
building is to be erected.
n,.a u„ on
YARD, FRONT shall mean a space between the front yard setback line
and the front lot line or planned street right -of -way line, and extend-
ing the full width of the lot. The front yard of a cul -de -sac lot shall
be measured from its narrowest depth.
YARD, REAR shall mean a space between the rear yard setback line and
the rear lot line, extending the full width of the lot.
YARD I SIDS; shall mean a space extending from the front yard set-
back line, or from the front lot line where no front yard is required by
this Ordinance, to the rear yard setback line of the rear lot line, be-
tween a side lot line and the side yard setback line.
ZONE shall mean a land area shown or described in the Land Use Zoning
Map to which uniform regulations apply.
ZONE CHANGE OF shall mean the legislative act of removing one or
more parcels of land from one zone and placing them in another zone on
the Land Use Zoning Map.
ZONING MAP shall mean the official map which describes thereon the
several zoning districts to which the regulations set forth in this Ord-
inance shall apply.
n..aa
LT.. to
PART 3
ESTABLISHMENT OF ZONES
8�
Section 103: NAMES OF ZONES: In order to classify, regulate, re-
strict and segregate the uses of lands and buildings, to regulate and
restrict the height and bulk of buildings and to regulate the area of yards
and other open spaces about buildings, and to regulate the density of pop-
ulation, the following land use zones are established in this Ordinance
to be known as follows:
USE ZONES:
A -1 General Agricultural Zone
A -2 Heavy Agricultural Zone
R.S Residential Suburban Zone
R -1 One - family Residential Zone
R -2 Two - family Residential Zone
R -3 High Density Multiple Family Residential Zone
R -4 Agricultural Residential
C -1 Neighborhood Stores Zone
C -2 General Commercial Zone
C -3 Central Commercial Zone
C -4 Highway Commercial Zone
CEM Cemetery District
M -1 Light Manufacturing Zone
M -2 Heavy Manufacturing Zone
R -C Recreational Zone
Section 103.1: ESTABLISHMENT OF ZONES BY MAP: The location and
boundaries of the various Zones are such as are shown and delineated on
the Zoning Map of the City of Cypress which map is attached hereto and
made a part of this Ordinance.
Section 10 .2: DIVISION OF ZONING MAP: The Zoning Map may, for con-
venience be divided into parts and each such part may, for purposes of
more readily identifying areas within such Zoning Map, be subdivided into
units and such parts and units may be separately employed for purposes of
amending the Zoning Map or for any official reference to the Zoning Map.
Section 103.3: CHANGES IN BOUNDARIES: Changes in the boundaries of
the zones shall be made by Ordinance amending the provisions of this Ord-
inance or by the adoption of an amended Zoning Map or part of said map,
or unit of a part of said Zoning Map, which said amended maps, or parts or
units of parts, when so adopted shall be published in themanner prescribed
by law and become a part of this Ordinance.
Section 10 A. UNCERTAINTY OF BOUNDARIES: Where uncertainty exists
as to boundaries of any zone, the following rules shall apply:
A. Where such boundaries are indicated as approximately
following street and alley lines or lot lines, such
lines shall be construed to be such boundaries.
B. In the case of un- subdivided property, and where a zone
boundary divides a lot, the location of such boundaries
shall be indicated by dimensions on said Zoning Map.
C. Where a public street or alley is officially vacated
or abandoned, the area comprising such vacated street
or alley shall acquire the classification of the prop-
erty to which it reverts.
D. Areas of dedicated streets or alleys and railroad rights -
of -way, other than such as are designated on the Zoning
Map as being classified in one of the zones provided in
this Ordinance, shall be deemed to be unclassified and,
Ordinance No. 90
in the case of streets, permitted to be used only for
purposes lawAilly allowed and, in the case of railroad
rights -of -way, permitted to be used solely for the
purpose of accommodating tracks, signals, other opera-
tive devices, and the movement of the rolling stock.
Section 103.5: CLASSIFICATION OF ANNEXED LANDS AND UNCLASSIFIED
PROPERTY: Any property which, for any reason, is not designated on
the Zoning Map as being classified in any of the zones established
hereby, shall be deemed to be classified R -1. Any land hereafter
annexed to the City of Cypress shall be deemed to be zoned and classi-
fied R -1, unless as a part of the Ordinance annexing any land, said
land is placed in a different zone. Whenever the City of Cypress
deems that the zoning of annexed lands as R -1 is not adequate nor
desirable, the Planning Commission may recommend and City Council
may adopt the zone classification which shall apply to the annexed
lands in the manner prescribed for amending this Ordinance.
Section 103.6: LIMITATION OF LAND USE: Except,as provided
in this Ordinance, no building or structure shall be erected, re-
constructed or structurally altered or enlarged, nor shall any
building structure or land be used for any purpose except as here-
inafter specifically provided and allowed in the same zone in which
such building or structure and land is located.
Section,l03, 71 ADOPTION OF SECTIONAL DISTRICT MAPS: Each
Sectional District Map of the City of Cypress as shown in the
schedule below is hereby adopted and made a part of this Ordinance
as a subsection of this Section hereof. Each sheet of each Sectional
District Map, including each index sheet, shall be a subsection of
Section 103.7 hereof. All regulations governing the uses of land,
buildings and structures, the sizes of yards about buildings and
structures and other matters set forth in this Ordinance are here-
by declared to be in effect within the several districts shown upon
each and every sheet of the following official Sectional District
Maps of the City of Cypress:
District Map 15 -4 -11
" 16 -4 -11
n rr 17 -4 -11
n n 20 -4 -11
n rr 21 -4 -11
11 n 22 -4 -11
" " 27 -4 -11
n
Ordinance No_ 90
PART 4
GENERAL AGRICULTURAL ZONE (A -1 ZONE)
Section 104,12. DESCRIPTION AND PURPOSE: This Zone is , intended to
permit mixed farm and residential uses: To provide an area for people
to have small parcels of land larger than residential lots where live-
stock, poultry, and small animals may be kept or raised in limited num-
ber commercially or for pleasure.
Section 104 2: USES PERMITTED: Only the following buildings,
structures and uses are permitted in the A -1 Zone. No buildings or
structures shall be erected, structurally altered or enlarged, or
land used, except for the following purposes:
A. Farming, including all types of agriculture and horti-
culture, grazing, non - commercial kennels and small ani-
mal farms, poultry and squab farms and similar types of
farming.
EXCEPT:
1. Commercial dairies having herds of more than five
(5) head.
2. Hog and commercial livestock feeding ranches.
3. Farms operated publicly or privately for the dis-
posal of garbage, sewage, rubbish, or offal.
B. Public parks, playgrounds and athletic fields.
C. One and two family dwellings, detached guest cottage
(not to exceed one per dwelling.)
D. Accessory buildings, structures and uses.
F. Home occupations, offices and studios when conducted
within the dwelling by occupants thereof.
F. Temporary stands for the sale of Agricultural or Farm-
ing products grown or produced on the premises shall
be permitted as accessory uses, upon the following
conditions:
1. When stand is to be in place for a period of more than
ninety (90) days, plans thereof shall be submitted to
and approved by the Planning Commission.
2. The floor area of stand does not exceed one hundred
(100) square feet.
3. The stand is exclusively of wood frame type construction.
4. The owner remove such stand at his expense when not in
use.
5. The stand not to be located closer than twenty (20)
feet to any public highway right -of -way.
G. Apiaries, upon the following conditions:
1. No occupied hives be closer than one hundred fifty
(150) feet to any street or highway.
2. No occupied hives be closer than four hundred (400)
feet to any existing dwelling not on the premises
or the premises of another apiary, unless the written
consent of the owner of such dwelling is secured.
Ordinance No. 90
3. No occupied hives be closer than fifty (50) feet
to any property line common to other property
lines other than property lines of another apiary.
Section 104.3: ACCESSORY BUILDINGS AND USES: Accessory build-
ings and uses shall be permitted only to the extent necessary and nor-
mal to the limited types of uses permitted in this Zone. Accessory
buildings and structures are permitted in the rear and side yards pro-
vided, that no building or structure is permitted in the side yard
within sixty (60) feet of the front lot line, nor within five (5) feet
of a side property line, nor permitted at all in a side yard abutting a
street. All accessory buildings which are not a part of the main build-
ing shall be separated from the main building by at least ten (10) feet.
Section 104J BUILDING HEIGHT LIMIT: Two (2) stories and not
to exceed thirty -five (35) feet.
LDING
Section 104.5: BUI SITE AREA REQUIRED: The minimum build-
ing site area for a single family residence shall be six thousand
(6,000) square feet, for a two - family dwelling seventy -two hundred
(7200) square feet and an additional four thousand (4,000) square feet
shall be required for any guest cottage or employees quarters. The
balance of the land may be used for agriculture or animal husbandry
purposes.
Section 104.6: FRONT YARD REQUIRED:
S
shall be not
A. No building shall be erected closer than eighty -five
(85) feet from the center line of the right -of -way
of a major highway, or seventy -five (75) feet from
the center line of the right -of -way of a primary high-
way, or sixty -five (65) feet from the center line of
the right -of -way of a secondary highway, as such high-
ways are designated on the Master Plan of Arterial
Highways of the City of Cypress, or in any other case
closer than fifty -five (55) feet from the center line
of the right -of -way of any other highway or street.
B. There shall be no structures located in a required front
yard or in a required side yard abutting a street. No
boat or trailer shall be kept in said front or side yard
for a period of time in excess of twenty -four (24) con-
secutive hours, nor shall it be permitted to dismantel,
repair, or keep any disabled vehicles in this front or
side yard or drives.
ectio4.104.7: SIDE YARD REQUIRED: The depth of the side yard
less than five (5) feet.
Section
shall be not
Section
fifteen thou
Section
mitted in an
104.8: REAR YARD REQUIRED: The depth of the rear yard
less than twenty -five (25) feet.
104.9: LOT AREA: The minimum total Lot Area shall be
sand (15,000) feet.
104.10: SIGNS: Only the following signs shall be per -
A-1 Zone:
A. One unlighted sign not exceeding six (6) square feet in
area pertaining only to the sale, lease or hire of
the particular building, property or premises upon which
it is displayed.
B. One unlighted name plate attached flat against the main
building, not exceeding four (4) inches by sixteen (16)
inches, containing name and occupation of the occupant
of the premises.
C. Name plate as described under "B" may be located on a post
with light not exceeding a total height of six (6) feet.
Post shall be located in the front yard not closer than
two (2) feet to the front property line.
Ordinance No. 90
Section
vide an area
dential uses
farming, and
Section
and uses are
erected, stru
purposes:
PART 5
HEAVY AGRICULTURAL ZONE (A -2 ZONE)
105.1: DESCRIPTION AND PURPOSE: This Zone is intended to pro -
for large farm and animal husbandry operation with such resi-
as are necessary and subordinate to the primary purpose of
animal husbandry.
105.2: USES PERMITTED: Only the following buildings, structures
permitted in the A -2 Zone, No buildings or structures shall be
cturally altered or enlarged, or land used, except for the follow-
A. Dairying provided:
1. That if the property occupied by the dairy contains
less than fifteen (15) acres of land, there shall be
. no more than ten (10) cows to each acre, unless the
dairy is sewered and then there may be twenty (20)
cows to each acre: If the property occupied by the
dairy contains fifteen (15) or more acres of land,
then there may be twenty (20) cows to each acre.
2. Excepting fences enclosing pastures, that all corrals,
buildings or structures used for milking, feeding or
sheltering the herd be at least two hundred (200) feet
from any existing dwelling on a premise not devoted to
dairying or livestock feeding.
3. That such corrals, buildings, or structures be at least
one hundred (100) feet from any property line of a
premise devoted to dairying or livestock feeding.
4. That there be no feeding of garbage, refuse, or offal.
B. Egg production, candling, and sale; production of poultry,
pigeons, and other fowl; production of rabbits, fish and
frogs; slaughtering, dressing and sale of these products if
produced, raised or fattened on the premises provided;
1. That any poultry, pigeon or rabbit enclosure, any
slaughtering building or place, be at least one
hundred (100) feet from any existing dwelling not on
the premises and at least two hundred (200) feet from
any milking or milk handling buildings of a dairy.
C. Agriculture in general.
D. Mink, fox, chinchilla and other small animal breeding
and raising, except commercial kennels.
E. Grazing and pasturage including supplemental feeding, but
not feeding of garbage, refuse, or offal.
1. Except that commercial feeding of cattle for meat
purposes as by a feed lot or feed yard is not per-
mitted.
F. Livestock sales yard.
G. Feed mill.
H. Stables and riding academies.
I. Veterinary Hospitals, provided no commercial boarding of
dogs or cats is permitted.
J. Mushroom production.
Ordinance No. 90
K. A one family dwelling and one guest cottage for each build-
ing site, which building site shall have a minimum area of
one (1) acre.
L. Living quarters used only for housing of persons employed on
the premises and their immediate families.
M. Accessory buildings and structures.
N. One (1) lighted or unlit sign not over twenty -five (25)
square feet in area fronting on any one street advertising
the sale of products grown or produced on the premises or
the sale, lease or hire of the building, property or
premises upon which displayed.
0. Temporary stands for the sale of agricultural or farming
products grown or produced on the premises shall be per-
mitted as accessory uses, upon the following conditions:
1. When stand is to be in place for a period of more
than ninety (90) days, plans thereof shall be sub-
mitted to and approved by the Planning Commission.
2. The floor area of stand does not exceed one hundred
(100) square feet.
3. The stand is exclusively of wood frame type con-
struction.
4. The owner remove such stand at his expense when not
in use.
5. The stand not to be located closer than twenty (20)
feet to any public highway right -of -way.
Section 105.3: ACCESSORY BUILDINGS AND USES:_ Accessory buildings
and uses shall be permitted only to the extent necessary and normal to
the limited types'of uses permitted in this Zone. Accessory buildings
and structures are permitted in the rear and side yards provided, that
no building or structure is permitted in the side yard within sixty (60)
feet of the front lot line, nor within five (5) feet of a side property
line, nor permitted at all in a side yard abutting a street. All
accessory buildings which are not a part of the main building shall be
separated from the main building by at least ten (10) feet.
Section 105.4: FRONT YARD REQUIRED: No building shall be erected
closer than eighty -five (85) feet from the center line of the right -of-
way of a major highway, or seventy -five (75) feet from the center line
of the right -of -way of a primary highway, or sixty -five (65) feet from
the center line of the right -of -way of a secondary highway, as such
highways are designated on the Master Plan of Arterial Highways of the
City of Cypress, or in any other case closer than fifty -five (55) feet
from the center line of the right -of -way of any other highway or street.
Section
least twenty
Section
shall be at 1
Section
Section
A.
10� 5: SIDE YARD REQUIRED: Each side yard shall be at
(20) feet wide.
105.6: REAR YARD REQUIRED: The depth of the rear yard
east fifty (50) feet.
10W: LOT AREA: Minimum lot area shall be one (1) acre.
105.8: SIGNS•
One (1) lighted or unlit sign not over twenty -five (25)
square feet in area fronting on any one street advertising
the sale of products grown or produced on the premises or
the sale, lease, or hire of the building, property or
premises upon which displayed.
Ordinance No. 90
PART 6
RESIDENTIAL SUBURBAN ZONE (R -S ZONE)
Section 106.1: DESCRIPTION AND PURPOSE: Thi$,Zoneis intended as a
Zone of single family homes on lots with a minimum area of seventy -two
hundred (7200) square feet, with not more than one (1) dwelling and cus-
tomary accessory buildings upon one (1) lot.
Section 106.2: PERMITTED BUILDINGS AND USES: the following
buildings, structures and uses are permitted in an R -S Zone. No buildings
or structures shall be erected, structurally or enlarged, or land used,
except for the following purposes:
A. One- family dwelling unit. Only one per lot.
B. Home occupations.
C. Swimming pools.
Section 106,3: ACCESSORY BUILDINGS AND USES: Accessory buildings and
uses shall be permitted only to the extent necessary and normal to the
limited types of use permitted in this Zone. Accessory buildings and
structures are permitted in the rear and side yards; provided that no build-
ing or structure is permitted in the side yard within sixty (60) feet of the
front lot line, nor within five (5) feet of a side property line, nor per-
mitted at all in a side yard abutting a street. All accessory buildings
which are not a part of the main building, shall be separated from the main
building by at least ten (10) feet.
Section 106.4: LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance whose area or dimensions are less than
those required in this Zone, may be occupied by uses permitted subject to
all other restrictions and requirements.
A. Lot Area The minimum lot area shall be:. Seventy -two
hundred (7200) square feet, except for corner lots which
shall be seventy -five hundred (7500) square feet.
B. Lot Dimmagin. The minimum lot dimensions shall be: Mini-
mum width: Seventy (70) feet for interior lots and seventy -
five (75) feet for corner lots. Minimum depth: One hundred
(100) feet.
Section 106.5: BUILDING OR STRUCTURAL HEIGHT LIMITATION: The maximum
building or structural height of the main building shall be two and one -half
(24) stories, or thirty -five (35) feet, whichever is the lesser, and one (1)
story for accessory buildings. The exceptions as set forth in Part 25 shall
be permitted.
Section 106,6: YARD REGULATIONS:
Front Yard.
1. Each lot in the R-S Zone shall have a front yard ex-
tending, except for access drives and walks, across the
full width of the subject property, of a depth of not
less than twenty -five (25) feet; provided, that where
a site plan is approved for the development of five (5)
or more adjoining lots, fronting on the same street,
the required front yard for some lots may be reduced to
twenty (20) feet, if the average front yard of such lots
shall have a depth of not less than twenty -five (25)
feet. No credit shall be given in ascertaining such
average of more than thirty (30) feet for any one lot.
2. There shall be no structures located in a required front
yard or in a required side yard abutting a street. No
boat or trailer shall be kept in said front or side yard
for a period of time in excess of twenty -four (24) con-
secutive hours, nor shall it be permitted to dismantel,
repair, or keep any disabled vehicles in this front or
side yard or drives.
()ra i nAnna Wm on
B. Side Yard.
1. There shall be a Elide yard on each side of the lot ex-
tending from the front yard to the rear yard not less
than five (5) feet in width. A corner lot shall have
a side yard abutting the street of not less than ten
(10) feet.
C. Rear Yard.
1. Each lot shall have a rear yard extending, except for
access drives and walks, across the full width of the
lot.of a depth of not less than twenty -five (25) feet.
Accessory buildings are permitted in the rear yard.
Any rear yard space covered by a structure shall be
replaced elsewhere on the lot exclusive of the required
yard areas.
D. Other yard provisions are set forth in Part 25.
Section 106.7: LOT COVERAGE: The maximum coverage of the lot by
all structures shall not exceed thirty -five per cent (35%) of the lot
area; provided that any patio structure which is used solely for general
open use shall not be counted as a structure in ascertaining coverage,
nor shall swimming pools be counted, and further provided that patios and
swimming pools shall be located minimum five (5) feet from the side or
rear property line and twenty (20) feet from the front property line.
Coverage of the rear yard by patio or any structure shall not exceed
thirty (30) per cent of the required rear yard.
Section 1068: FENCES AND WALLS: Fences and walls are permitted but
not required. Such fences and walls shall not exceed six (6) feet in
height, and where the same are located in a required front yard, or side
yard abutting a street, the same shall not exceed three (3) feet in height.
Section 106.9: ACCESS_ When a lot abuts upon an alley, all garages
or accessory building having access from the alley shall be located not
less than twenty -nine (29) feet from the opposite side of such abutting
alley. The ingress and egress to any such garage, or accessory building,
housing or intended to house any motor vehicle shall be from such abutting
alley only, and not from the street.
Section 106, 10: SIGNS: Only the following signs shall be permitted
in an R -S Zone:
A. One unlighted sign not exceeding six (6) square feet in
area pertaining only to the sale, lease or hire of the
particular building, property or premises upon which it is
displayed.
B. One unlighted name plate attached flat againstthe main build-
ing, not exceeding four (4) inches by sixteen (16) inches,
containing name and occupation of the occupant of the premises.
C. Name plate as described under "B" may be located on a poet
with light not exceeding a total height of six (6) feet.
Post shall be located in the front yard not closer than two
(2) feet to the front property line.
Section 106 11: OFF - STREFT PARKING:
A. The provisions of Part 21 shall apply in determing the amount
of parking space that must be provided for each use. The
parking space shall be improved as set forth in said Part.
n,.rl n Wet on
PART 7
ONE- FAMILY RESIDENTIAL ZONE. (R -1 ZONE)
Section 107.1: DESCRIPTION AND PURPOSE: This Zone is intended as
a Zone of single family homes on lots with a minimum area of six thousand
(6,000) square feet, with not more than one (1) dwelling and customary
accessory buildings upon one (1) lot.
Section 4107..2: PERMITTED BUILDINGS AND USES: Only the following
buildings, structures and uses are permitted in an R -1 Zone. No build-
ings, or structures shall be erected, structurally altered or enlarged,
or land used, except for the following purposes:
A. One- family dwelling unit. Only one per lot.
B. Home occupations.
C. Swimming pools.
Section 107.3:, ACCESSORY BUILDINGS AND USES: Accessory buildings
and uses shall be permitted only to the extent necessary and normal to
the limited types of use permitted in this Zone. Accessory buildings and
structures are permitted in the rear and side yards; provided, that no
building or structure is permitted in the side yard within sixty (60) feet
of the front lot line, nor within five (5) feet of a side property line,
nor permitted at all in a side yard abutting a street. All accessory
buildings which are not a part of the main building, shall be separated
from the main building by at least ten (10) feet.
Section 107.4 LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance, whose area or dimensions are less than
those required in this Zone, may be occupied by uses permitted subject
to all other restrictions and requirements.
A, Lot Area. The minimum lot area shall be: Six thousand
(6,000) square feet, except for corner lots, which shall
be six thousand five hundred (6,500) square feet.
B. Lot Dimensions. The minimum lot dimensions shall be:
Minimum width: Sixty (60) feet for interior lots and
sixty -five (65) feet for corner lots. Minimum depth:
One hundred (100) feet.
Section 107„j1 BUILDING OR STRUCTURAL HEIGHT LIMITATION: The
maximum building or structural height of the main building shall be two
and one -half (2) stories, or thirty -five (35) feet, whichever is the
lesser, and one (1) story for accessory buildings. The exceptions as set
forth in Part 25 shall apply.
Section 107: YARD REGULATIONS:
A, Front Yard.
1. Each lot in the R -1 Zone shall have a front yard
extending, except for access drives and walks,
across the full width of the subject property, of
a depth of not less than twenty (20) feet.
2. There shall be no structures located in a required
front yard or in a required side yard abutting a
street. No boat or trailer shall be kept in said
yard for a period of time in excess of twenty four
(24) consecutive hours, nor shall it be permitted
to dismantel, repair or keep any disabled vehicles in
the front or side yard or drive.
Ordinance No. 90
90
B. Side Yard. There shall be a side yard on each side of the
lot extending from the front yard to the rear yard not less
than five (5) feet in width. A corner lot shall have a side
yard abutting the street of not less than ten (10) feet.
C. Rear Yard. Each lot shall have a rear yard extending, except
for access drives and walks, across the full width of the lot
of a depth of not less than twenty -five (25) feet. Accessory
buildings are permitted in the rear yard. Any rear yard
covered by structures shall be replaced elsewhere on the lot,
exclusive of required yard areas.
D. Other yard requirements are set forth in Part 25.
Section 107.7: LOT COVERAGE: The maximum coverage of the lot by
all structures shall not exceed thirty -five percent (35 %) of the lot area,
provided that any patio structure which is used solely for general open
use shall not be counted as a structure in ascertaining coverage, nor
shall swimming pools be counted, and further provided that patios and swim-
ming pools shall be located minimum five (5) feet from the side or rear
property line and twenty (20) feet from the front property line. Coverage
of the rear yard by patio or any structure shall not exceed thirty percent
(30%) of the required rear yard.
Section 107.8: FENCES AND WALLS: Fences and walls are permitted
but not. required. Such fences and walls shall not exceed six (6) feet in
height, and where the same are located in the required front yard or side
yard abutting a street, the same shall not exceed three (3) feet in height.
The provisions of Part 25 shall be complied with.
Section 107.51 ACCESS: When a lot abuts upon an alley, all garages
or accessory buildings having access from the alley shall be located not
less than twenty -nine (29) feet from the opposite side of such abutting
alley. The ingress and egress to any such garage, or accessory building,
housing or intended to house any motor vehicle shall be from such abutting
alley only, and not from the street.
Section 107 10: SIGNS: Only the following signs shall be permitted
in an R -1 Zone:
A. One unlighted sign not exceeding six (6) square feet in
area pertaining only to the sale, lease or hire of the
particular building, property or premises upon which it
is displayed.
B. One unlighted name plate attached flat against the main
building, not exceeding four (4) inches by sixteen (16)
inches, containing only the name and occupation of the
occupant of the premises.
C. Name plate as described under "B" may be located on a post
with light not exceeding a total height of six (6) feet.
Post shall be located in the front yard not closer than
two (2) feet to the front property line.
S etion 107.11: OFF- STREET PARKING:
A. The provisions of Part 21 shall apply in determining the
amount of parking space that must be provided for each use.
B. The parking space shall be improved as set forth in said
Part.
Ordinance No_ 90
PART 8
TtO- FAMILY RESIDENTIAL ZONE (R -2 ZONE)
Section 108.1: DESCRIPTION AND PURPOSE: This Zone is intended for
one or more family dwelling units on lots with a minimum area of nine
thousand (9,000) square feet.
Section 10822: PERMITTED BUILDINGS AND USES: Only the following
buildings, structures, and uses are permitted in a R -2 Zone. No build-
ings or structures, shall be erected, structurally altered, or enlarged,
or land used, except for the following purposes:
A. Any use permitted in the R -1 One - Family Residential Zone,
subject to the regulations and restrictions of said Zone,
except that the R -2 building setback provisions shall govern
the building setback line.
B. Two or more family dwelling units either in separate build-
ings or combined in one or two main buildings.
Section 108.3: ACCESSORY BUILDINGS AND USES: Accessory buildings
and uses shall be permitted only to the extent necessary and normal to
the limited types of uses permitted in this Zone. Accessory buildings and
structures are permitted in the rear and side yards; provided, that no
building or structures are permitted in the side yard within sixty (60)
feet of the front lot line, nor within five (5) feet of a side property
line, nor permitted at all in a side yard abutting a street. All access -
ory buildings which are not a part of the main building shall be separated
from the main building by at least ten (10) feet.
Section 108.4: LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance whose area or dimensions are less than
those required in this Zone, may be occupied by uses permitted subject
to all other restrictions and requirements which the size of the lot make
it possible to comply with.
A. Lot Area. The minimum lot area shall be: Nine thousand
(9,000) square feet, except for corner lots which shall be
ninety -five hundred (9500)square feet.
B. Lot Dimensions. The minimum lot dimensions shall be:
Minimum width: Seventy -five (75) feet for interior lots
and eighty (80) feet for corner lots. Minimum depth:
One hundred twenty -five (125) feet.
Section 108.5: BUILDING OR STRUCTURAL HEIGHT LIMITATION: The maxi-
mum-building or structural height of main building shall be two and one -
half (2) stories, or thirty -five (35) feet, whichever is the lesser, and
one (1) story for accessory buildings, except that where an R -2 Zone abuts
upon an R -S or R -1 Zone, the structural height of any building erected on
such abutting or adjacent lot shall be limited to one story for a distance
of fifty (50) feet from the R -2 Zone boundary abutting any of the afore-
mentioned other zones.
Section 108.6: MINIMUM FLOOR AND LOT AREA OF DWELLING UNIT: Minimum
floor area: Not less than nine hundred (900) square feet of floor area
per unit, exclusive of basement, attic, garage space and accessory build-
ings. Minimum lot area: Not less than three thousand (3,000) square
feet per dwelling unit.
action 108.7: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the R -2 Zone shall have a front yard ex-
tending, except for access drives and walks, across the
full width of the subject property, of a depth of not
less than twenty (20) feet.
2. There shall be no structures located in a required
front yard or in a required side yard abutting a street.
No boat or trailer shall be kept in said yard for a
period of time in excess of twenty -four (24) con-
secutive hours, nor shall it be permitted to dismantel,
repair or keep any disabled vehicles in this front or
side yard or drives.
B. Side Yard.
There shall be a side yard on each side of the lot ex-
tending from the front yard to the rear yard not less
than five (5) feet in width. A corner lot shall have a
side yard abutting the street of not less than ten (10)
feet.
C. Rear Yard.
Each lot shall have a rear yard extending, except for
access drives and walks, across the full width of the
lot of a depth of not less than twenty (20) feet.
Accessory buildings are permitted in the rear yard.
Any rear yard covered by structures shall be replaced
elsewhere on the lot exclusive of required yard areas.
D. Other Yard requirements are set forth in Part 25.
Section 108.8: LOT COVERAGE: The maximum coverage of the lot
by all structures shall not exceed fifty per (50 %) of the lot
area; provided, that any patio structure which is used solely for
general open use shall not be counted as a structure in ascertaining
coverage, nor shall swimming pools be counted, and further provided
that patios and swimming pools shall be located minimum five (5) feet
from the side or rear property line and twenty (20) feet from the front
property line. Coverage of the rear yard by patio or any structure shall
not exceed thirty per cent (30 %) of the required rear yard.
Section 108.9: FENCES AND WALLS: Fences and walls are permitted
but not required. Such fences and walls shall not exceed six (6) feet
in height, and where the same are Located in a required front yard, a
side yard abutting a street, the same shall not exceed three (3) feet
in height. Other provisions are set forth in Part 25.
Section 108.10: ACCESS: When a lot abuts upon an alley, all
garages or accessory buildings having access from the alley shall be
located not less than twenty -nine (29) feet from the opposite side of
such abutting alley. The ingress and egress to any such garage or
accessory building, housing or intended to house any motor vehicle,
shall be from such abutting alley only, and not from the street.
Section 108.11: SIGNS: Only the following signs shall be per-
mitted in the R -2 Zone:
A.. One unlighted sign no exceeding six (6) square feet in
area pertaining only to the sale, lease or hire of the
particular building, property or premises upon which it
is displayed.
B. One unlighted name plate for each dwelling unit, attached
flat against the main building, not exceeding four (4)
inches by sixteen (16) inches, containing only the name
and occupation of the occupant of the premises.
Section 108 12: OFF - STREET PARKING:
A. The provisions of Part 21 shall apply in determining the
amount of parking space that must be provided for each
use. The parking space shall be improved as set forth
in said Part.
nrainanna Nn_ can
9[
Section 108.13: MINIMUM SPACE BETWEEN BUILDINGS: The minimum space
between the exterior walls of main buildings shall be as follows:
A. Buildings end to end ten (10) feet.
B. No entries permitted from the space between the building
ends.
C. Buildings rear to end or front to end -
feet between buildings.
D. Buildings front to rear or rear to front
(35) feet.
twenty -five (25)
- thirty -five
E. Buildings front to front, where arranged around an open
court - minimum distance between buildings, thirty (30)
feet, except where there is a driveway within the court,
in which event the minimum distance shall be thirty -five
(35) feet.
Ordinance No.90
PART 9
HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL ZONE (R -3 ZONE)
Section 109.1: DESCRIPTION AND PURPOSE: This Zone is intended
to provide for the development of multiply family dwellings, apart-
ment houses, group houses and other similar buildings.
Section 109.2: PERMITTED BUILDINGS AND USES: Only the following
buildings, structures, and uses are permitted in the R -3 Zone. No
buildings or structures shall be erected, structurally altered or en-
larged, or land used, except for the following purposes:
A. Churches - subject to a Conditional Use Permit.
B. Convalescent or Rest Homes - subject to a Conditional
Use Permit.
C. Multiple dwelling units, or apartment houses.
Section 109.3: ACCESSORY BUILDINGS AND USES: Accessory build-
ings and uses shall be permitted only to the extent necessary and
normal to the limited types of use permitted in this Zone. Accessory
buildings and structures are permitted in the rear and side yards pro-
vided, that no building or structure is permitted in the side yard with-
in sixty (60) feet of the front lot line, nor within five (5) feet of
a side property line, nor permitted at all in a side yard abutting a
street. All accessory buildings which are not a part of the main build-
ing shall be separated from the main building by at least ten (10) feet.
Section 109.4: LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance whose area or dimensions are less than
those required in the Zone, may be occupied by uses permitted subject
to all other restrictions and requirements which the size of the lot
makes it possible to comply with.
A. Lot Area. The minimum lot area shall be: Nine thousand
(9,000) square feet, except for corner lots which shall be
ninety -five hundred fifty (9550) square feet.
B. Lot Dimensions: The minimum lot dimensions shall be: Mini-
mum width: Seventy -five (75) feet, for interior lots and
eighty (80) feet for corner lots. Minimum depth: One
hundred and twenty -five (125) feet.
C. Minimum lot area per dwelling unit: The minimum lot area
per dwelling unit shall be: Twelve hundred (1200) square
feet.
Section 109.5: BUILDING OR STRUCTURAL HEIGHT LIMITATIONS: The
maximum building or structural height of main buildings shall be two and
one -half (2s-) stories, or thirty -five (35) feet, whichever is the lesser,
and one (1) story for accessory buildings. A Conditional Use Permit is
required for any height in excess of the above. Where an R -3 Zone abuts
upon an R -S, or R -1 Zone, the structural height of any building erected
on such abutting or adjacent lot shall be limited to one story for a
distance of fifty (50) feet from the R -3 Zone boundary abutting any of
the aforementioned other Zones.
Section 109.6: MINIMUM FLOOR AND LOT AREA OF DWELLING UNIT: In
multiple family dwelling residences and in apartment houses the minimum
floor area per dwelling unit inclusive of bathrooms and kitchens shall
be:
A. Bachelor apartment - four hundred fifty (450) square feet.
B. Two room apartment - six hundred fifty (650) square feet.
C. Three room apartment - seven hundred fifty (750) square
feet, plus a minimum of one hundred (100) square feet
for each additional room.
Ordinance no_ 90
Section 109.7: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the R -3 Zone shall have a front yard
extending, except for access drives and walks, across
the full width of the subject property, of a depth
of not less than fifteen (15) feet.
2. There shall be no structures located in a required
front yard or in a required side yard abutting a
street. No boat or trailer may be kept in said yard
for a period of time in excess of twenty -four (24)
consecutive hours, nor shall it be permitted to dis-
mantel, repair, or keep any disabled vehicle in such
front or side yard or drive.
B. Side Yard.
There shall be a side yard on each side of the lot ex-
tending from the front yard to the rear yard not less
than five (5) feet in width. A corner lot shall have a
side yard abutting the street of not less than ten (10)
feet.
C. Rear Yard.
Each lot shall have a rear yard extending, except for
access drives and walks, across the full width of the lot
of a depth of not less than twenty (20) feet. Accessory
buildings are permitted in the rear yard. Any rear yard
covered by structures shall be replaced on the lot exclusive
of required yard areas. The side yard requirements shall
be increased five (5) feet for each story or ten (10) feet
of building height above the first story or fifteen (15)
feet.
D. Other Yard requirements are set forth in Part 25.
Section 109.8: COVERAGE: The maximum coverage of the lot by all
structures shall not exceed sixty per cent (60 %) of the lot area; pro-
vided, that any patio structure which is used solely for general open
use shall not be counted as a structure in ascertaining coverage, nor
shall swimming pools be counted, andfurthe; provided that patios and
swimming pools shall be located minimum five (5) feet from the side
or rear property line and twenty (20) feet from the front property line.
Coverage of the rear yard by patio or any structure shall not exceed
thirty per cent (30 %) of the required rear yard.
Section 109.9: ACCESS: When a lot abuts upon an existing or pro -
posed alley, all garages or accessory buildings having access from the
alley shall be located not less than twenty -five (25) feet from the
opposite side of such abutting alley. The ingress and egress to any
such garage, or accessory building, housing or intended to house any
motor vehicle, shall be from such abutting alley only, and not from
the street.
Section 109.10: SIGNS: Only the following signs shall be per-
mitted in an R -3 Zone:
A. One unlighted sign no exceeding six (6) square feet
in area pertaining only to the sale, lease or hire of
the particular building, property or premises upon which
it is displayed.
B. One unlighted name plate for each dwelling unit, attached
flat against the main building, not exceeding four (4)
inches by sixteen (16) inches, containing only the name
and occupation of the occupant of the premises.
0rriinsanna Nn_ 90
Section 109,11: OFF STREET PARKING:
A. The provisions of Part 21 shall apply in determining the
amount of parking space that must be provided for each
use. The parking space shall be improved as set forth
in said Part.
Section 109.12: SPACE BETWEEN BUILDINGS; The minimum
space between the ercterior walls of main buildings shall be as follows:
A. Buildings end to end ten (10) feet.
B. No entries permitted from the space between the building
ends.
C. Buildings rear to end or front to end - twenty -five
(25) feet between buildings.
D. Buildings front to rear or rear to front - thirty -five
(35) feet.
E. Buildings front to front, where arranged around an open
court, minimum distance between buildings, thirty (30)
feet, except where there is a driveway. within the court,
in which event the minimum distance shall be thirty -five
(35) feet.
nrAinanna Nn_ 90
PART 10
AGRICULTURAL RESIDENTIAL ZONE (R -4 ZONE)
Section 110,1: DESCRIPTION AND PURPOSE: This Zone is intended to
permit an area of small residential lots devoted primarily to residential
but permitting limited agriculture and animal husbandry.
Section 110.2: USES PERMITTED: Only the following buildings,
structures and uses are permitted in the R -4 Zone. No . buildings or
structures shall be erected, structurally altered or enlarged, or land
used, except for the following purposes:
A. Farming, including all types of agriculture and horti-
culture except:
1. Commercial dairies.
2. Commercial kennels, rabbit, fox, goat and other
animal raising farms.
3. Egg producing ranches and farms devoted to the
hatching, raising, fattening and /or butchering
of chickens, turkeys, and other poultry, on a
commercial scale.
4. Hog and other livestock feeding ranches.
5. Ranches operated publicly or privately for the
disposal of garbage, sewage, rubbish or offal.
B. Flower and vegetable gardening.
C. Nurseries and greenhouses used only for purposes of
propagation and culture and not for retail sales.
D. Public Parks.
E. One one - family dwellings or one two - family dwellings.
F. Home occupations, offices and studios when conducted with-
in the dwelling by occupants thereof, provided no adver-
tising sign, merchandise, products or other material or
equipment is displayed for advertising purposes.
G. Accessory buildings, structures, and uses, subordinate
to.
H. Temporary stands for the sale of agricultural or farm-
ing products grown or produced on the premises shall be
permitted as accessory uses, upon the following con-
ditions:
1. When stand is to be in place for a period of more
than ninety (90) days, plans therefore shall be sub-
mitted and approved by the Planning Commission.
2. The floor area of stand does not exceed one hun-
dred (100) square feet.
3. The stand is exclusively of wood frame type con-
struction.
4. The owner remove such stand at his expense when
not in use.
5. The stand not to be located closer than twenty
(20) feet to any public highway right -of -way.
Section 110.3: SIGNS: Only the following signs shall be per-
mitted in an R -4 Zone:
A. One unlighted sign not exceeding six (6) square feet
in area pertaining only to the sale, lease or hire of
the particular building, property or premises upon which
it is displayed.
Ordinance No. 90
B. One unlighted name plate attached flat against the main build-
ing, not exceeding four (4) inches by sixteen (16) inches, con-
taining name and occupation of the occupant of the premises.
C. Name plate as described under "B" may be located on a post with
light not exceeding total height of six (6) feet. Post shall
be located in the front yard not closer than two (2) feet to the
front property line.
Section 110.4: BUILDING OR STRUCTURAL HEIGHT L? ITATIO L,TwO,(2)
stories and not to exceed thirty-five-53) feet.
Section 110.5: BUILDING SITE AREA REQUIRED: Lots of record on
the effective date of this Ordinance whose area or dimensions are less
than those required in this Zone, may be occupied by uses permitted sub-
ject to all other restrictions and requirements which the size of the
lot makes it possible to comply with.
A. Lot Area. The minimum lot area shall be: Seventy -two
hundred (7200) square feet except for corner lots which
shall be eighty -two hundred fifty (8250) square feet.
B. Lot Dimensions shall be fifty (50) feet by one hundred
fifty (150) feet. Corner lots shall be fifty -five (55)
feet by one hundred fifty (150) feet.
C. Minimum Lot Area shall be six thousand (6,000) square
feet for one family dwelling unit and seventy -two hundred
(7200) square feet for one two family dwelling units.
Section 110.6: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the R -4 Zone shall have a front yard ex-
tending, except for access drives and walks, across
the full width of the subject property, of a depth
of not less than fifteen (15) feet.
2. There shall be no structures located in a required
front yard or in a required side yard abutting a street.
No boat or trailer may be kept in said yard for a period
of time in excess of twenty -four (24) consecutive hours,
nor shall it be permitted to dismantel, repair, or keep
any disabled vehicle in such front or side yard or
drive.
B. Side Yard.
There shall be a side yard on each side of the lot extend-
ing from the front yard to the rear yard not less than five
(5) feet in width. A corner lot shall have a side yard
abutting the street of not less than ten (10) feet.
C. Rear Yard.
Each lot shall have a rear yard extending, except for
access drives and walks, across the full width of the lot
of a depth of not less than twenty (20) feet. Accessory
buildings are permitted in the rear yard. Any rear yard
covered by structures shall be replaced on the lot ex-
clusive of required yard areas. The side yard requirements
shall be increased five (5) feet for each story or ten
(10) feet of building height above the first story or
fifteen (15) feet.
D. Other Yard requirements are set forth in Part 25.
Ordinance No. 90
Section 110 7: DIST.ACE BETVE!N DWELLINGS ON SAME BUILDING SITE: The
minimum space between the exterior walls of main buildings shall be as
follows:
A. Buildings end to end ten (10) feet.
B. No entries permitted from the space between the building
ends.
C. Buildings rear to end or front to end -
feet between buildings.
D. Buildings front to rear or rear to front
(35) feet.
twenty -five (25)
- thirty -five
E. Buildings front to front, where arranged around an open
court - minimum distance between buildings, thirty (30)
feet, except where there is a driveway within the court, in
which event the minimum distance shall be thirty -five (35)
feet.
Section 110 8: LOT COVERAGE: The maximum coverage of the lot by
all structures shall not exceed fifty per cent (50%) of the lot area; pro -
vided,that any patio structure which is used solely for general open use
shall not be counted as a structure in ascertaining coverage, nor shall
swimming pools be counted, and further provided that patios and swimming
pools shall be located minimum five (5) feet from the side or rear prop-
erty line and twenty (20) feet from the front property line. Coverage
of the rear yard by patio or any structure shall not exceed thirty per
cent (30 %) of the required rear yard.
Section 110.E OFF STREET PARKING: The provisions of Part 21 shall
apply in determining the amount of parking space that must be provided for
each use. The parking space shall be improved as set forth is said Part.
Sec pn,110 10: ACCESS: When a lot abuts upon an existing or
proposed alley, all garages or accessory buildings having access from the
alley shall be located not less than twenty -five (25) feet from the
opposite side of such abutting alley. The ingress and egress to any such
garage, or accessory building, housing or intended to house any motor ve-
hicle, shall be from such abutting alley only, and not from the street.
nrainianom Nn_ Qn
PART 11
NEIGHBORHOOD STORES ZONE (C -1 ZONE)
Section 111.1: DESCRIPTION AND PURPOSE: The Neighborhood Stores
Zone is defined as a limited business area, not to exceed a two (2)
acre total, planned as an integrated part of a residential district, to
provide for the daily local commodity or service needs of the residents
of the neighborhood area. These areas are intended to fit into a resi-
dential area without causing undue additional traffic congestion or other
hazards which would be detrimental to the character of the area.
Section 111.2: PERMITTED BUILDINGS AND USES: Only the following
buildings, structures and uses, either singly or in combination, are
permitted in a Neighborhood Store Zone. All uses, except news stands
and off - street parking, shall be in an entirely enclosed building and
no place shall provide entertainment or permit dancing. No building
or structure shall be erected, structurally altered or enlarged except for
the following purposes:
A. Bakery Stores - Retail (no baking on premises)
B. Banks.
C. Barber and beauty shops.
D. Business offices.
E. Cleaning agencies - pick up facilities only and incidental
pressing.
F. Confectionary stores with fountains - non - alcoholic bever-
ages only - no drive -ins or walk -ups.
G. Dairy products stores, retail only.
H. Dance studios.
I. Eating places not to exceed seating capacity for thirty (30)
persons - no drive -ins or walk -ups or sale of alcoholic
beverages permitted.
J. Florist shops.
K. Fruit and vegetable stores.
L. Grocery stores.
M. Hand laundries.
N. Ice cream stores - retail.
0. Ice stations.
P. Laundromats - single batch washing machines only.
Q. Lodges and meeting halls.
R. Meat markets and delicatessen stores.
S. Medical centers.
T. News stands.
P. Pharmacy or drug stores (Dispensing of drugs and medical
supplies only.)
V. Photography studio.
W. Professional offices.
X. Shoe repair shops.
Y. Tailor or dressmaking shops.
Z. Variety stores.
Aa. Vocational Schools (subjected to Conditional Use Permit).
Section BLit OTHER PERMITTED BUILDINGS AND USES: Any such other
building and uses as the Commission after a public hearing as an adminis-
trative act, may determine and find as a fact, to be similar to those
listed in the Section immediately preceding, provided such other uses
shall not have any different or more detrimental effect upon the adjoin-
ing neighborhood areas or zones than such specifically permitted uses,
and shall not unduly increase the traffic and noises in the neighbor-
hood areas, and otherwise be more objectionable or obnoxious than those
uses specifically permitted.
Section 111.4,: ACCESSORY USES: Accessory uses shall be permitted
only to the extent necessary and normal to the limited types of use per -
mitted in this Zone. Off- street parking and private garages are permitted
in the rear and side yards.
Ordinance No. 90
,x:01
Section 111 : LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance, whose area or dimensions are less than
those required in this Zone, may be occupied by uses permitted subject
to all other property development standards of this Zone.
A. Lot Area: The minimum lot area shall be: None.
B. Lot Dimensions: The minimum lot dimensions shall be:
Minimum width: None. Minimum depth: Not less than one
hundred sixty (160) feet.
Section 111.6: BUILDING OR STRUCTURAL HEIGHT LIMITATION: The
maximum building or structural height shall be three (3) stories or
forty (40) feet, whichever is the lesser.
Section 111.7: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the C -1 Zone shall have a front yard
extending, except for access drives and walks, across
the full width of the subject property, of a depth of
not less than that required in the abutting zone, but
need not exceed twenty -five (25) feet, and in the case
of a corner lot, also a side yard along the abutting
side street meeting the same requirements, which need
not exceed ten (10) feet. Such yards shall be land-
scaped and permanently maintained as a condition to
the use of the property.
2. There shall be no parking or other use, excepting
access drives or walks, made of the required front
yard, or a required yard abutting a side street.
B. Side Yard.
1. No side yard is required between commercial structures.
2. When abutting a residential zone, there shall be a
side yard of not less than ten (10) feet in width on
that side of the property abutting the residential
zone.
C. Rear Yard.
1. No rear yard is required when property in a C -1 Zone
abuts property in a commercial or industrial zone.
2. When abutting a residential zone, there shall be a
rear yard of not less than twenty -five (25) feet ex-
tending across the full width of the subject property.
Such rear yard may be used only for off - street park-
ing or landscaping.
Section 111.8: OFF- STREET PARKING:
A. The provisions of Part 21 shall apply in determining the
amount of parking space that must be provided for each use.
B. Off- street parking space shall be improved as required in
said Part.
C. The parking requirements of this Section may be satisfied
on the lot with building served or a tract of land contig-
uous thereto.
Ordinance No. 90
iO�
Section 111 FENCES AND WALLS: The following fences and walls
shall be required in the C -1 Zone:
A. No fences or walls are required between commercial uses.
B. 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 six (6)
feet in height erected along and immediately adjacent to
the abutting alley or property line that is the zone
boundary. Such wall shall be erected by the developer of
the commercial property. 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.
C. When the property in a C -1 Zone is used for off - street
parking or for other open uses, except for access drives
or walks, there shall be a solid masonry wall three (3)
feet in height, constructed along the street frontages,
said wall to be set back from the front or side prop-
erty lines not less than ten (10) feet, and the area
between the said property line and the wall shall be
landscaped or grassed and permanently maintained as a
condition to the use of the property. Any portion of
of the remainder of the lot bounded by such required
wall or walls may be used for off- street parking.
Section 111 10: SIGNS: The following regulations shall apply
to all signs and outdoor advertising in the C -1 Zone, only the
following being permitted:
A. There shall be no more than one (1) square foot of sign
for each foot of building frontage. Where the side of
the building abuts a street, a similar sign is permitted
on the abutting side of such a building. No sign shall
have a total area of more than seventy -five (75) square
feet. Such signs shall be free standing or mounted
parallel to and not more than two (2) feet from the
building.
B. No sign shall extend above the roof line of any build-
ing or structure. Signs shall contain thereon, only the
name and type of business conducted on the premises on
which the sign is located.
C. A freestanding sign of "Directory Type" with a maximum
height of six (6) feet, which may be illuminated by in-
direct light. The total area of sign faces shall not
exceed twenty (20) square feet and shall be deducted
from the allowable square footage permitted in this
Section.
Section 111,11: DISPLAY OF MERCHANDISE: There shall be no
display or storage of merchandise in .a front yard or side yard abutting
a street, except newspapers.
Section 111.12: LOADING: The provisions of Part 21 for loading
requirements apply to all uses in the C -1 Zone.
Ordinance No. 90
PART 12
GENERAL COMMERCIAL ZONES C -2 ZONE )
103
Section 112.1: DESCRIPTION AND PURPOSE: The C -2 Zones are in-
tended to promote the development of integrated, planned shopping centers
in accordance with a comprehensive plan. The Community Shopping Center
Zones are intended to serve the needs of approximately one thousand
(1,000) to five thousand (5,000) families within a radius of one (1) mile
or more.
Section 112.2: PERMITTED BUILDINGS AND USES: Only the follow-
ing buildings, structures and uses, either singly or in combination, are
permitted in a community shopping center zone. All uses, except news
stands, off - street parking, electric distribution substations, and
nurseries, shall be in an entirely enclosed building unless a Condition-
al Use Permit is obtained. No building or structure shall be erected,
structurally altered or enlarged except for the following purposes:
A. All Uses permitted in the C -1 Zones, plus:
B. Appliance stores.
C. Automobile parts and accessories.
D. Bakeries - preparation and sale of baked goods - not
more than ten (10) employees on duty at one time.
F. Banks.
F. Bicycle shops.
G. Bowling alleys and Billiard halls - subject to a Con-
ditional Use Permit.
H. Business and administration offices.
I. Camera shops and supplies.
J. Clothing apparel shops.
K. Day Nurseries - subject to a Conditional Use Permit.
L. Department stores.
M. Dress and millinery shops.
N. Drug store.
0. Dry goods, notions and variety stores.
P. Flower stores.
Q. Furniture stores.
R. Gift shops.
S. Hardware shops.
T. Hobby shops.
U. Jewelry stores.
V. Junior department stores.
W. Liquor stores.
X. Luggage shops.
Y. Locksmith shops.
Z. Mechanical automobile washing - subject to a Conditional
Use Permit.
Aa. Nurseries - retail.
Bb. Paint stores.
Cc. Pet shops.
Dd. Professional offices.
Ee. Radio and TV stores.
Ff. Restaurants - including drive -ins and walk -ups. (No
entertainment or dancing. Where alcoholic beverages are
sold for consumption on the premises, all such beverages
must be consumed within the building in which they are
sold.)
Gg. Stationery and office supply stores.
Hh. Super drug stores.
Ii. Super markets.
Jj. Service stations.
Kk. Sporting goods stores.
L1. Theaters and auditoriums - subject to a Conditional Use
Permit.
Mm. Tobacco shops.
Nn. Toy shops.
Ora i n %nra Nn Q(1
-1164
Section _212Lai OTHER PEIMITTED BUILDINGS AND USES: Any such other
buil.dings_and uses as the Commission, after a public hearing, as an
administrative act, may determine and find as a fact, to be similar to
those listed in the Section immediately preceding, provided such other
uses shall not have any different or more detrimental effect upon the
adjoining neighborhood areas or zones than such specifically permitted
uses, and shall not unduly increase the traffic and noises in the
neighborhood area, and otherwise be more objectionable or obnoxious than
those uses specifically permitted.
Section 1121:_ ACCESSORY USES: Accessory uses shall be permitted
only to the extent necessary and normal to the limited types of use
permitted in this Zone. Off- street parking and private garages are
permitted in the rear and side yards.
Section 112.5: LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance, whose area or dimensions are less
than those required in this Zone, may be occupied by uses permitted
subject to all other property development standards of this Zone.
A. Lot Area. The minimum lot area shall be: None.
B. Lot Dimensions. The lot minimum dimensions shall be:
Minimum width: None. Minimum depth: Not less than one
hundred sixty (160) feet.
Section 112.6: BUILDING OR STRUCTURAL HEIGHT LIMITATION: There
is no building or structure height limitation, except when the Zone
abuts a residential zone then the maximum building or structure height
shall not be greater than twenty (20) feet for a distance of fifty (50)
feet from the Zone boundary abutting the residential zone.
Section 112.7: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the C -2 Zone shall have a front yard
extending, except for access drives and walks,
across the full width of the subject property, of
a depth of not less than ten (10) feet. Such
yards shall be landscaped and permanently main-
tained as a condition to the use of the property.
2. There shall be no parking or other use, excepting
for signs, access drives.or walks, made of the re-
quired front yard, or a required yard abutting a
side street.
B. Side Yard.
1. No side yard is required between commercial structures.
2. When abutting a residential zone, there shall be a
side yard of not less than ten (10) feet in width on
that side of the property abutting the residential
zone.
C. Rear Yard.
1. No rear yard is required when property in a C -2 Zone
abuts property in a commercial or industrial zone.
2. When abutting a residential zone, there shall be a
rear yard of not less than twenty -five (25) feet ex-
tending across the full width of the subject prop-
erty, except when abutting an alley which abuts a
residential zone, the twenty -five (25) feet required
shall be measured from the opposite side of the
105
alley. Such rear yards may be used only for off -
street parking landscaping.
Section 112.8: OFF - STREET PARKING:
A. The provisions of Part 21 shall apply in determining the
amount of parking space that must be provided for each
use
B. Off- street parking space shall be improved as required
in said Part.
C. The parking requirements of this Section may be satis-
fied on the lot with the building served or a tract of
land contiguous thereto.
Section 112.9: FENCES AND WALLS: The following fences and walls
shall be required in the C -2 Zone:
A. No fences or walls are required between commercial uses.
B. 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 six
(6) feet in height erected along and immediately adjacent
to the abutting alley or property line that is the Zone
boundary. Such wall shall be erected by the developer of
the commercial property. 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.
C. When the property in the C -2 Zone is used for off - street
parking or for other open uses, except for access drives
or walks, there shall be a solid masonry wall three (3)
feet in height, constructed along the street frontages,
said wall to be set back from the front or side property
lines not less than ten (10) feet, and the area between
the said property line and the wall shall be landscaped
or grassed and permanently maintained as a condition to the
use of the property. Any portion of the remainder of the
lot bounded by such required wall or walls may be used
for off - street parking.
Section 112.10: SIGNS: The following regulations shall apply to
all signs and outdoor advertising in the C -2 Zone:
In addition to the signs permitted in the C -1 Zone, there may be
other outdoor signs; provided, however, that such outdoor signs shall
contain thereon only the name and the type of business conducted on the
premises on which the sign is located, or the name of the shopping
district and entrance and exit designations.
Signs are permitted in the required yards, provided no part of
any signs may extend beyond or overhang any public right -of -way.
A sign shall not exceed thirty (30) feet in height above the
ground unless a Conditional Use Permit is obtained therefor.
Section 112.11: DISPLAY OF MERCHANDISE: There shall be no dis-
play or storage of merchandise in a front yard or side yard abutting
a street, except newspapers.
Section 112.12: LOADING: The provisions of Part 21 for loading
requirements shall apply to all uses in the C -2 Zone.
0rdinancA No_ 90
PART 13
CENTRAL COMMERCIAL ZONE (C -3 ZONE)
Section 113.1: DESCRIPTION AND PURPOSE: The C -3 Central
Commercial Zone is intended to include only the Central Business
District and the uses generally identified with such District.
Section 113.2: PERMITTEI) BUILDINGS AND USES: Only the follow-
ing buildings, structures and uses, either singly or in combination,
are permitted in a Central Commercial Zone. All uses, except news
stands and electric distribution substations shall be in an entire-
ly enclosed building, unless a Conditional Use Permit is obtained
therefor. No building or structure shall be erected, structurally
altered or enlarged except for the following purposes:
A. All uses permitted in the C -1 and C -2, excepting
nurseries, plus the following permitted uses:
B. Automobile sales
C. Blueprinting shops
D. Business Colleges
E. Cocktail lounges or bars
F. Entertainment establishments
G. Garages - public and private
H. Gymnasiums
I. Hotels
J. Lodges and clubs
K. Newspaper and printing establishments
L. Picture framing and glazing
M. Radio and television broadcasting studios
N. Restaurants - no drive -ins or walk -ups
O. Dance halls (subject to a Conditional Use Permit)
Section 113.3: OTHER PERMITTED BUILDINGS AND USES: Any such
other buildings and uses as the Commission, after a public hearing,
as an administrative act, may determine and find as a fact, to be
similar to those listed in the Section immediately preceding, pro-
vided such other uses shall not have any different or more detri-
mental effect upon the adjoining neighborhood areas or zones than
such specifically permitted uses, and shall not unduly increase the
traffic and noises in the neighborhood area, and otherwise be more
objectionable or obnoxious than those uses specifically permitted.
Section 113.4: ACCESSORY USES: Accessory uses shall be per-
mitted only to the extent necessary and normal to the limited types
of use permitted in this Zone. Off- street parking and private garages
are permitted in the rear and side yards.
Section 113.5: LOT AREA AND DIMENSIONS:
A. Lot Area. The minimum lot area shall be: None.
B. Lot Dimensions: The minimum lot dimensions shall be:
Minimum Width: None. Minimum Depth: One hundred
sixty (160) feet.
Section 113.6: BUILDING OR STRUCTURAL HEIGHT LIMITATION: There
is no building or structural height limitation, except when the Zone
abuts a residential zone then the maximum building or structure height
shall not be greater than twenty (20) feet for a distance of fifty
(50) feet from the Zone boundary abutting the residential zone.
Section 113.7: YARD REGULATIONS:
A. Front Yard: None required.
B. Side Yard: None required except when abutting a resi-
dential zone, or an alley which abuts a residential zone,
there shall be a side yard on the side of the lot abut-
ting the residential zone of not less than ten (10) feet
nriinAnn. Nn_ On
in width. Such yard shall be used only for off- street
parking or access thereto.
C. Rear Yard: None required, except when abutting a resi-
dential zone when a minimum of ten (10) feet is required.
Section 113.8: OFF- STREET PARKING:
A. The provisions of Part 21 shall apply in determining
the amount of parking space that must be provided for
each use.
B. Off- street parking space shall be improved as required
in said Part.
C. The parking requirements of this Section may be satis-
fied either:
1. On the lot with the building served or a tract
of land contiguous thereto.
2. On a lot, the nearest boundary of which is not
more than three hundred (300) feet from the
nearest boundary of the subject property.
3. Property located within the limits of an off -
street parking district formed in pursuance of
the provisions of any law of the State of Calif-
ornia or of any other duly authorized authority
or governmental body, shall have its off - street
parking requirements reduced to the following
extent: The proportionate part that the amount
assessed against such property bears to the total
cost of such off - street parking improvement shall
first be determined. After this proportion has
been ascertained, such property shall be given
credit for, or the number of parking spaces other-
wise required by such property shall be reduced
by, the number of parking spaces that proportion
bears to the total number of off - street parking
spaces provided by the off - street parking district.
Should the application of this formula result in
afractional parking space, such fractional space
shall be disregarded in determining the off - street
parking requirements for such lot.
Section 113.9: FENCES AND WALLS: The following fences and
walls shall be required in the C -3 Zone:
A. No fences or walls are required between commercial uses.
B. When abutting a residential zone, or an alley abutting
a residential zone, except for access drives or walks,
there shall be a solid masonry wall six (6) feet in
height erected along the abutting property line that is
the zone boundary. Such wall shall be erected by the
developer of the commercial property. 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
set back area for the abutting residential zone.
Section 113.10: SIGNS: The following regulations shall apply
to all signs and outdoor advertising in the C -3 Zone, only the
following being permitted:
All signs permitted in the C -2 Zones.
Ordinance No. 90
Section 113.11: DISPLAY OF MERCHANDISE: There shall be no
outside display or storage of merchandise except newspapers, unless
a Conditional Use Permit has first been obtained.
Section 113.12: LOADING: The provisions of Part 21 for load-
ing requirements shall apply to all uses in the C -3 Zone.
Ordinance No. 90
PART 14
HIGHWAY COMMERCCIAL ZONES (2:A_101)
Section 114.1: DESCRIPTION AND PURPOSE: The C -4 Highway
Commercial Zones are intended as locations for the establishments
of businesses and enterprises generally found along highways out-
side the more densely populated areas of the City. Such businesses
and enterprises are usually, but need not necessarily, associate
with the use of the highway.
Section 114.2: PERMITTED BUILDINGS AND USES: Only the follow-
ing buildings, structures and uses, either singly or in combination,
are permitted in the C -4 Highway Commercial Zones. No buildings or
structures shall be erected, structurally altered or enlarged except
for the following purposes:
A. All uses permitted in C -1, C -2, and C -3 Zones.
B. Automobile service stations.
C. Ambulance services.
D. Automobile sales and service.
E. Animal hospitals - subject to a Conditional Use Permit.
F. Bowling alleys.
G. Building material retailing.
H. Commercial greenhouses.
I. Drive -in theaters, subject to the issuance of Con-
ditional Use Permit.
J. Educational institutions.
K. Entertainment establishments.
L. Garden and patio furniture and equipment stores.
M. Hospitals, subject to the issuance of a Conditional
Use Permit.
N. Hotels, motor hotels, motels.
0. Lodges and clubs.
P. Medical centers.
Q. Open air sales areas (new and used automobile, truck
and trailer sales or servicing).
R. Plant nurseries.
S. Pottery sales rooms (no outside display, except with
Conditional Use Permit).
T. Radio and television broadcasting studios.
U. Research institutes or laboratories (no manufacturing).
V. Restaurants.
W. Retail stores.
X. Skating rinks, subject to the issuance of a Conditional
Use Permit.
Z. Super service stations.
Aa. Theaters and auditoriums.
Bb. Garden tools and equipment rental stores.
Section 114.3: OTHER PERMITTED BUILDINGS AND USES: Any such
other buildings and uses as the Commission, after a public hearing,
as an administrative act, may determine and find as a fact, to be
similar to those listed in the Section immediately preceding, pro-
vided such other uses shall not have any different or more detri-
mental effect upon the adjoining neighborhood areas or zones than
such specifically permitted uses, and shall not unduly increase the
traffic and noises in the neighborhood area, and otherwise be more
objectionable or obnoxious than those uses specifically permitted.
Section 114.4: ACCESSORY USES: Accessory uses shall be per-
mitted only to the extent necessary and normal to the limited types
of use permitted in this Zone. Off- street parking and private
garages are permitted in the rear and side yards.
Section 11.4,5: LOT AREA AND DIMENSIONS: Lots of record on the
effective date of this Ordinance whose area, or dimensions are less
than those required in this Zone, may be occupied by uses permitted,
subject to all other property development standards of this Zone.
Ordinance No. 90
1.
A. Lot Area. The minimum lot area shall be: None.
B. Lot Dimensions: The minimum lot dimensions shall be:
Minimum width: None. Minimum depth: One hundred
sixty (160) feet.
Section 114.6: BUILDING OR STRUCTURE HEIGHT LIMITATIONS: There
is no building or structure height limitations, except when the Zone
abuts a residential zone, then the maximum building or structure
height shall not be greater than twenty (20) feet for a distance of
fifty (50) feet from the Zone boundary abutting the residential zone.
Section 114.7: YARD REGULATIONS:
A. Front Yard.
1. Each lot in the C -4 Zone shall have a front yard
extending, except for access drives and walks,
across the full width of the subject property, of
a depth of not less than ten (10) feet; provided,
that where the C -4 Zone occupies an entire block
frontage, the required front yard may be reduced
to six (6) feet. In the case of a corner lot,
also a yard meeting the same requirements, along
the abutting side street. Such yards shall be
landscaped and permanently maintained as a con-
dition to the use of the property.
2. There shall be no parking or other use, excepting
for signs, access drives or walks, made of the
required front yard, or a required yard abutting
a side street.
B. Side Yard.
1. No side yard is required between commercial
structures.
2. When abutting a residential zone, there shall be
a side yard of not less than ten (10) feet in
width on that side of the property abutting the
residential zone, such yard extending from the
front yard to the rear property line of the sub-
ject property. Any side yard may be used only
for access drives or walks except that off - street
parking is permitted.
C. Rear Yard.
1. No rear yard is required when property in a C -4
Zone abuts property in a commercial or industrial
zone.
2. When abutting a residential zone, there shall be
a rear yard of not less than ten (10) feet ex-
tending across the full width of the subject prop-
erty, except when abutting an alley which abuts
a residential zone, the twenty -five (25) feet re-
quired shall be measured from the opposite side
of the alley. Such rear yard may be used only for
off- street parking and garages.
Section 114.8: OFF - STREET. PERKING:
A. The provisions of Part 21 shall apply in determining
the amount of parking space that must be provided for
each use.
B. Off- street parking space shall be improved as re-
quired in said Part.
C. The parking requirements of this Section may be sat-
isfied either:
1. On the lot with the building served or a tract
of land contiguous thereto or
2. On a lot, the nearest boundary of which is not
more than three hundred (300) ,feet from the near-
est boundary of the subject property.
Section 114,0: FENCES AND h'ALLS: The following fences and
walls shall be required in the C -4 Zone:
A. No fences or walls are required between commercial
uses.
B. 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 six (6) feet in height erected along and immed-
iately adjacent to the abutting alley or property line
that is the zone boundary. Such wall shall be erected
by the developer of the commercial. property. 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.
C. When the property in a C -4 Zone, is used for off - street
parking or for other open uses, except for access drives
or walks, there shall be a solid masonry wall three (3)
feet in height, constructed along the street frontages.
Said wall shall be set back from the front or side prop-
erty lines not less than ten (10) feet, and the area
between the said property line and the wall shall be
landscaped and permanently maintained as a condition to
the use of the property. Any portion of the remainder
of the lot bounded by such required wall or walls may
be used for off- street parking.
Section 114.10: SIGNS: The following regulations shall apply
to all signs and outdoor advertising in the C -4 Zone, only the follow-
ing being permitted:
All Signs permitted in the C -2 Zone.
Sectiop 114.11: DISPLAY OF MERCHANDISE: There shall be no
display or storage of merchandise in the front yard or side yard
abutting a street, except newspapers.
Section 114,12: LOADING: The provisions of Part 21 for load-
ing requirements shall apply to all uses in the C -4 Zone.
Ordinance No. 90
PART 15
M -1 INDUSTRIAL ZONE
Section 115,1: DESCRIPTION AND PURPOSE: The M -1 Industrial
Zones are intended to provide for the development of the integrated
manufacturing areas and the use of land by industrial enterprises
which are compatable with each other and the adjoining zones.
Section 115.2: PERMITTED BUILDINGS AND USES: Only the follow-
ing buildings, structures, and uses conducted entirely within an
enclosed building, either singly or in combination and those uses
qualifying for and obtaining a Conditional Use Permit, are permitted
in an M -1 Industrial Zone. No building or structure shall be erected,
structurally altered or enlarged, or land used, except for such pur-
poses, namely:
A. Automobile service stations.
B. Bakeries (wholesale only).
C. Bottling plants.
D. Breweries.
E. Building material storage yards enclosed with a fence.
F. Cabinet shops.
G. Carpet cleaning plants.
H. Cleaning and dyeing plants.
I. Contractor's yards and offices (yards to be enclosed
by fence approved by Planning Director).
J. Distributing warehouses.
K. Dairy products and manufacturing.
L. Electrical appliances, instruments and equipment and
neon sign manufacture.
M. Equipment rental yards.
N. Food products processing and manufacturing (no meat
packing plants).
0. Garment and glove manufacture.
P. Laboratories of any kind.
Q. Laundries.
R. Compounding, packaging, or assembling of articles or
merchandise from previously prepared materials.
S. Photo engraving, photo copying and blueprinting.
T. Plastics, fabrication from.
U. Precision instruments, manufacture of.
V. Printing establishments.
W. Restaurants and lunch rooms. (Where alcoholic beverages
are sold for consumption on the premises, all such
beverages must be consumed within the building in which
they are sold.)
X. Rubber, fabrication of products made from finished rubber.
Y. Shoe manufacture.
Z. Wholesale business, storage buildings and warehouses.
Aa. Offices related to the industrial use.
Bb. Public utilities; and electrical transmission and dis-
tribution station, public utility service yards. (En-
closed by fence approved by Planning Director.)
Section 115.3: OTHER USES REQUIRING A CONDITIONAL USE PERMIT:
The following uses require a Conditional Use Permit in this Zone:
A. Any permitted use in an M -2 Zone.
B. Any M -1 use, when the property upon which it is located
is within three hundred thirty (330) feet of the exterior
boundaries of any residential zone or educational insti-
tution shall require a Conditional Use Permit.
Section 11 ,!: OTHER PERMITTED BUILDINGS AND USE Any such
other buildings and uses as the Commission, after a public hearing,
nraimsarnn M.. on
as an administrative act, may determine and find as a fact to be
similar to those listed in M -1 above; provided such other uses
shall not have any different or more detrimental effect upon the
adjoining neighborhood areas or zones than such specifically per-
mitted uses, and shall not unduly increase the traffic and noise
in the neighborhood area, and otherwise be more obnoxious than those
uses specifically permitted.
Section 1: ACCESSORY USES: Accessory uses shall be per-
mitted only to the extent necessary and normal to the limited types
of use permitted in this Zone.
Section 115.6: LOT AREA AND DIMENSIONS: No requirements.
Section 11,21 BUILDING OR STRUCTURAL HEIGHT LIMITATION:
The maximum building or structural height shall be six (6 ) stories
or seventy -five (75) feet whichever is the lesser.
Section 115,8: YARD R GUL \TIONS:
A. Front Yard. There shall be a required front yard of
set back line of fifty (50) feet minimum of which the
rear thirty (30) feet may be used for off - street park-
ing. All portions not so used for off - street parking
must be landscaped and permanently maintained as a
condition to the permitted use.
B. Side Yard. A side yard is required only when the
property abuts upon a lot in a residential zone, in
which case the required side yard shall be twenty -
five (25) feet, ten (10) feet closest to residential
zone of which shall be landscaped.
C. Rear Yard. A rear yard is required only when the
property abuts upon a lot in an R -Zone, in which
case the required rear yard shall be twenty -five
(25) feet, ten (10) feet closest to residential zone
of which shall be landscaped.
Section 1119: OFF- STREr'1 PARKING:
A. The provisions of Part 21 shall apply in determining
the amount of parking space that must be provided for
each use.
B. Off- street parking space shall be improved as re-
quired in said Part.
C. The parking requirements may be satisfied on the lot
with the building served or a tract of land contig-
uous thereto.
Section 115,10: FENCES AND WALLS: None required except when
abutting a residential zone, or an alley which abuts a residential .
zone, in which case, except for access drives or walks, there shall
be a solid masonry wall 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
industiral property. Where such a zone boundary is a side property
line, the wail shall be reduced in height to three (3) within the
front yard setback area for the abutting residential. zone.
Section 115,11: SIGNS: The following regulations shall apply
to all signs and outdoor advertising in the M -1 Zone:
Signs shall contain thereon only the name and type of
business conducted on the premises on which the sign is
located. Signs are permitted in the required yards, pro-
vided no part of any sign may extend beyond or overhang
any public right-of-way.
Ordinance No. 90
1 -14
Section 115,12: LOADING: The provisions of Part 21 for loading
requirements shad apply to all uses in the M -1 Zones.
Section 115,,13: STORAGE YARD REGULATIONS: Were storage yards
enclosed with fence are permitted use under Section 115.2, only
storage of bulk material for future use within the scope of applicable
use category, excluding waste materials, with the storage continuously
maintained in neat and orderly manner is permitted.
Ordinance No. 90
PART 16
M -2 INDUSTRIAL ZONE
Section 116,1: DESCRIPTION AND PURPOSE: The M -2 Zones are
intended to serve as the location not only for the uses permitted
in the M -1 Zone, but also additional Industrial uses, to provide
for a balanced community.
Section 116.2: PERMITTED BUILDINGS AND USES: Only the follow-
ing buildings, structures, and uses either singly or in combination,
and those uses qualifying for and obtaining a Conditional Use Permit,
are permitted in an M -2 Heavy Industrial Zone. No building or
structure shall be erected, structurally, altered, or enlarged, or
land used, except for such purposes; namely:
A. Any use permitted in the M -1 Zone.
B. Aircraft factories (no foundry).
C. Automobile painting. All painting, sanding and
baking shall be contained in a building.
D. Battery manufacturing.
E. Boat building.
F. Building material storage yards.
G. Cabinet shops or furniture manufacture (carpenter
shops) .
H. Ceramic products using only previously pulverized
clay and fired in kilns using only electricity or
gas.
I. Contractors' yards and offices.
J. Creameries.
K. Draying, freighting or trucking yards or terminals.
L. Equipment rental yards.
M. Fruit packing houses.
N. Ice and cold storage plants.
0. Lumber yards.
P. Machine shops (excluding punch presses over twenty
(20) tons, drop hammers) .
Q. Metal fabricating plants (no foundries).
R. Mills, planing.
S. Paint mixing (not employing a boiling process; above
surface thinner storage limited to two hundred (200)
gallons; no tank farm) .
T. Sheet metal shops.
U. Soap manufacture (cold mix only).
V. Storage space for transit and transportation equipment.
W. Textile manufacture.
X. Tinsmiths.
Y. Tire rebuilding, recapping and retreading.
Z. Welding shops.
Section 11.6.Lal OTHER USES REQUIRING A CONDITIONAL USE PERMIT:
Because of considerations of smoke, fumes, dust, odor, vibration or
hazard, the establishment or operation of the following uses in the
M -2 Zone shall not be permitted unless a Conditional Use Permit
authorizing such use has been granted:
A. Any M -2 use, when the property upon which it is lo-
cated is within three hundred thirty (330) feet of
a residential zone or educational institution shall
require a Conditional Use Permit.
B. Acid Manufacture.
C. Asphalt refining or asphalt mixing plants.
D. Blast furnaces or coke ovens.
E. Cement, lime gypsum or plaster of paris manufacture.
F. Distillation of bones.
G. Drop forge industries.
H. Explosives, manufacturing or storage.
I. Fat rendering.
J. Fertilizer manufacture.
K. Garbage, offal or dead animal reduction or dumping.
L. Iron, steel, brass, or copper foundry.
Ordinance Nn_ PO
M. Oil extraction plants.
N. Petroleum refining, storage and wholesale sales.
0. Rock crusher or distribution of rocks, sand or gravel
other than quarries or other sources of raw materials.
P. Rubber, reclaiming, or the manufacture of synthetic
rubber or its constituents.
Q. Slaughter houses.
R. Smelting of tin, copper, zinc or iron ores.
S. Storage or bailing of rags, paper, iron or junk.
T. Tanneries.
U. Wineries.
Section 141),A; OTHER PERMITTED BUILDINGS AND USES: Any such
other buildings and uses as the Commission, after a public hearing,
as an administrative act, may determine and find as a fact to be
similar to those listed above; provided such other uses shall not
have any different or more detrimental effect upon the adjoining
neighborhood areas or zones than such specifically permitted uses,
and shall not unduly increase the traffic and noises in the neigh-
borhood area, and otherwise be more obnoxious than those uses
specifically permitted.
Section 116.x: ACCESSORY USES: Accessory uses shall be per-
mitted only to the extent necessary and normal to the limited types
of use permitted in this Zone.
Section 116.6: LOT AREA AND DIMENSIONS: No requirements.
Section 116.7: BUILDING OR STRUCTURAL HEIGHT LIMITATION: The
maximum building or structural height shall be six (6) stories or
seventy -five (75) feet, whichever is the lesser.
Section 116.8: YARD REGULATIONS:
A. Front Yard. There shall be a required front yard of
setback line of fifty (50) feet minimum, of which the
rear thirty (30) feet may be used for off - street park-
ing. All portions not so used for off - street parking
must be landscaped and permanently maintained.
B. Side Yard. A side yard is required only when the
property abuts upon a lot in an R -Zone in which case
the required side yard shall be not less than twenty
five (25) feet, the ten (10) feet of which is closest
to residential zone to be landscaped.
C. Rear Yard. A rear yard is required only when the
property abuts upon a lot in an R -Zone, in which case
the required rear yard shall be not less than twenty
five (25) feet, the ten (10) feet of which is closest
to residential zone to be landscaped.
Section 116.9: OFF- STREET PARKING:
A. The provisions of Part 21 shall apply in determining
the amount of parking space that must be provided
for each use.
B. Off- street parking space shall be improved as required
in said Part.
C. The parking requirements of this Section may be satis-
fied on the lot with the building served or a tract
of land contiguous thereto.
Section 116.10: FENCES AND WALLS: None required except when
abutting a residential zone, or an alley which abuts a residential
zone, in which case except for access drives or walks, there shall
be a solid masonry wall six (6) feet in height erected along and
immediately adjacent to the abutting property line that is the zone
„ N.. on
boundary. Such wall shall be erected by the developer of the
industrial property. Where such a zone boundary is a said property
line, the wall shall be reduced in height to three (3) feet within
the front yard setback area for the abutting residential zone.
Section 116,11: SIGNS: The following regulations shall apply
to all signs and outdoor advertising in the M -1 Zone:
Signs shall contain thereon only the name and type of
business conducted on the premises on which the sign
is located. Signs are permitted in the required yards,
provided no part of any sign may extend beyond or over-
hang any public right -of -way.
Section 11.6.12: LOADING REQUIREMENTS: The provisions of
Part 21 for loading requirements shall apply to all uses in the
M -2 Zone.
Ordinance No. 90
PART 17
RECREATIONAL RESORT ZONE (R-C ZONE)
Section 117.0: DESCRIPTION AND PURPOSE: The City of Cypress
recognizes that within the limits of the City there exists or may
exist amusement resort businesses which are unique and distinctive
from the usual type of business enterprise. The purpose of creating
an R-C District is in order to protect valuable property rights which
have been created as a result of such business establishments. No
land shall be zoned in an R -C District unless it has been demonstrated
that there are exceptional or extraordinary circumstances or conditions
applicable to the property involved that would require an R-C District
Zoning and that unless land is placed in an R -C District the owner or
owners of such land would be deprived of existing material property
rights.
Section'117.1: PERMITTED BUILDINGS AND USES: Land, buildings
and structures may be used in the R -C District for the following
purposes:
A. The following listed uses:
1. Amusement facilities.
2. Archery range.
3. Baseball grounds.
4. Blacksmith shops, (no manufacture or fabrication)
operation to be conducted as a service to and
compatible with some other permitted uses of
horse race track, riding academy, stables.
5. Bowling alley.
6. Cafeterias.
7. Cafe (entertainment, dancing and sale of alco-
holic beverages).
8. Golf course.
9. horse race track for thoroughbred, quarter -horse
or harness racing.
10. Museums.
11. Offices.
12. Public dances.
13. Riding academies.
14. Stables
15. Storage yards in conjunction with and as a necessary
directly related operation with another permitted
use.
16. Theaters, auditorium (Drive -In with Conditional
Use Permit) .
17. Any other similar recreational use and any retail
sales activities in direct relation to said
recreational use.
B. Lighted or unlighted signs advertising the facilities
on the premises may be erected under the same conditions
as permitted in the C -1 District.
C. General types of agriculture and horticulture except:
Commercial dairies, commercial kennels; rabbit, fox,
goat and other animal raising farms; egg producing
ranches devoted to the hatching, raising, fattening
and /or butchering of chickens, turkeys, and other
poultry on a commercial scale; hog and other livestock
feeding ranches; and ranches operated publicly or
privately for the disposal of garbage, sewage, rubbish
or offal.
Section 117.2: BUILDING HEIGHT LIMIT: None except that no
building shall be higher than ninety per cent (90 %) of the distance
from the closest point of the building to the closest right -of -way
line for a public street or adjoining property line, whichever is
closer.
Ordinanct No. 90
Section 117.3: FRONT YARD REQUIREMENTS: No building shall be erected
closer than ninety five (95) feet from the center line of a major highway
or closer than eighty -five (85) feet from the center line of a primary
highway or closer than seventy -five (75) feet from the center line of a
secondary highway as such highways are designated in the Master Plan of
Arterial Highways of the City of Cypress.
Section 117.4: SIDE YARD REQUIREMENTS: No building shall be erected
closer than five (5) feet to the side property line.
Section 117.5: REAR YARD REQUIREMENTS: No building shall be erected
closer than twenty -five (25) feet to the rear property line.
Section 117.6: PARKING: Minimum off - street parking as set forth
in Part 21 hereof, shall be provided.
Section 117.7: SIRE„ T DEDICATIONS AND IIVIPROVEMENTS REQUIRED:
Anticipating that changes will occur in the local neighborhood and the
City generally due to the increase in vehicular traffic, including truck-
ing, increase in pedestrian traffic, increased noise, and other activities
associated with the City's growth and development, the following dedi-
cations and improvements are deemed to be necessary to prevent congestion
of the land, and these requirements must be met or complied with before
any building permit may be issued;
A. All required streets and alleys, both local and highways,
which abut the subject property shall be dedicated, or a
deed of dedication deposited in escrow with an escrow
acceptable to the City Attorney, the delivery of which is
conditioned upon the requested permit being granted, to
the full width required by this Ordinance on the side of
the street, highway or alley abutting such property.
B. All street, highway and alley improvements shall have either
been installed, or a performance bond in a reasonable amount
to be determined by the City Engineer, with Sureties to be
approved by the City Attorney, shall have been filed with
the City Clerk, or cash in a like amount shall have been
deposited with the Department of Finance to be placed in a
Trust Fund. Said improvements shall meet the standards
established by the City Council and shall include curb,
gutter, sidewalks, street and alley paving, street trees,
street signs, street lights, and all required utilities.
C. The City Engineer shall not approve the issuance of a
building permit, nor shall the Building Department issue a
building permit, until the requirements of this Section
have been met.
Ordinance No. 90
PART 18
CEM "CEMETERY" D STRICT REGULATIONS
Section 118 0: USES PERMITTED: Land in a cemetery district shall
only be used for the operation of a cemetery and for cemetery purposes,
including columbariums, crematories, mausoleums, mortuaries, churches,
flower shops, administration buildings, dwellings for persons employed
on the premises, storage and vault fabrication facilities, tool shed,
maintenance and garage buildings and other buildings and uses incidental
to and located and carried on within the boundaries of the cemetery.
A. The portion of such land not developed for cemetery
purposes may be used for farming, including all types
of agriculture and horticulture, EXCEPT: Commercial
dairies; commercial kennels; rabbit, fox, goat and other
animal raising farms; egg producing ranches and farms de-
voted to the hatching, raising, fattening and /or butcher-
ing of chickens, turkeys and other poultry on a commercial
scale; hog and other livestock feeding ranches; and ranches
operated publicly or privately for the disposal of garbage,
sewage, rubbish, or offal.
B. No burial or interment of any human remains is allowed
anywhere in the City except in an area approved for such
purpose. Within a CEM District, no burial or interment
of a human body shall be allowed closer than sixty (60)
feet to the center line of the right -of -way of a major
highway or closer than fifty (50) feet to the center line
of the right -of -way of a primary highway or closer than
forty (40) feet to the center line of the right -of -way
of a secondary highway, as such highways are designated on
the Master Plan of Arterial Highways of the City of Cypress,
or in any other case closer than thirty (30) feet to the
center line of the right -of -way of any street.
C. Lighting or unlighted signs which are not attached to a
building may only be erected to advertise the facilities
on the premises under the following conditions:
1. There shall not be more than one sign for each five
hundred (500) feet of frontage on a major, primary,
or secondary highway.
2. The area of any sign facing a street shall not
exceed one square foot for each three (3) feet of
premises frontage on that street, but not to exceed
five hundred (500) square feet maximum.
3. Any sign exceeding two hundred (200) square feet
shall be an artistic painted bulletin embellished
with moldings or special architectural features and
ornamental landscaping.
4. No sign shall be closer than twenty -five (25) feet to
any side property line.
5. No sign shall be erected at the intersection of any
street in such a manner as to createa traffic hazard
by obstructing vision.
6. The foregoing shall not apply to aw informational
or directional signs which are directed primarily
to visitors to the cemetery, and located in such a
manner as not to be readable from any adjoining
highway.
Ordinance No. 90
Section 118 2: BUILDING HEIGHT LIMIT: Three (3) stories
and not to exceed fifty (50) feet.
Section 118.3: FRONT YARD REQUIREMENTS: No building other
than wall crypts or signs shall be closer than one hundred ten (110)
feet to the center line of the right -of -way of a major highway or closer
than one hundred (100) feet to the center line of the right -of -way of a
primary highway or closer than ninety (90) feet to the center line of
the right -of -way of a secondary highway, as such highways are designated
on the Master Plan of Arterial Highways of the City of Cypress, or in
any other case closer than eighty (80) feet to the center line of the
right -of -way of any street.
Section 118 • / a•. SIDE YARD REQUIREMENTS: No building shall be
closer than five (5) feet to the side property line except wall crypts,
one side of which forms a portion of the wall enclosing the cemetery.
Section 11g,51 HEAR yap REQUIREMENTS: No building other than
wall crypts and signs shall be closer than eighty -five (85) feet to the
center line of the right -of -way of a major highway or closer than seventy -
five (75) feet to the center line of the right -of -way of a primary high-
way or closer than sixty -five (65) feet to the center line of the right -
of -way of a secondary highway, as such highways are designated on the
Master Plan of Arterial Highways of the City of Cypress, or in any other
case closer than fifty -five (55) feet to the center line of the right -
of -way of any street.
Section 11M1 FENCING REQUIREMENTS: All property used for
cemetery purposes shall be enclosed by a fence, wall, or structure used
as a wall, of not less than six (6) feet in height.
Section 118.7: PARKING: There shall be provided and main-
tained usable automobile parking spaces equal to the sum of the follow-
ing:
A. One (1) parking space for each three (3) persons,
employed;
B. One (1) parking space for each three (3) seats in
any church or chapel; and
C. One (1) parking space for each three hundred fifty
(350) square feet of floor space used for retail
sales of services or commodities.
Section 1188: STREET DEDICATIONS AND IMPROVEMENTS REQUIRED:
Anticipating that changes will occur in the local neighborhood and the
City generally due to the increase in vehicular traffic, including truck-
ing, increase in pedestrian traffic, increased noise, and other acti-
vities associated with the City's growth and development, the follow-
ing dedications and improvements are deemed to be necessary to prevent
congestion of the land, and these requirements must be met or complied
with before any building permit may be issued:
A. All required streets and alleys, both local and
highways, which abut the subject property shall be
dedicated, or a deed of dedication deposited in
escrow with an escrow agent acceptable to the City
Attorney, the delivery of which is conditioned upon
the requested permit being granted, to the full
width required by this Ordinance on the side of
the Street, highway or alley abutting such property.
B. All street, highway and alley improvements shall
have either been installed, or a performance bond
in a reasonable amount to be determined by the
City Engineer, with Sureties to be approved by the
Ordinance No. 90
122
City attorney, shall have been filed with the City
Clerk, or cash in a like amount shall have been de-
posited with the Department of Finance to be placed
in a Trust Fund. Said improvements shall meet the
standards established by the City Council and shall
include curb, gutter, sidewalks, and street and alley
paving, street trees, street signs, street lights,
and all required utilities.
C. The City Engineer shall not approve the issuance of
a Building Permit, nor shall the Building Department
issue a Building Permit, until the requirements of
this Section have been met.
Ordinance No. 90
PART 19
BUILDING LINES AND SETBACK LINES ALONG MAJOR,_
PRIMARY AND SECONDARY HIGHWAYS
Section...112,0i GENERAL PLAN OF STREETS AND HIGHWAYS: The major,
primary, and secondary highways existing within the City are shown
and designated upon a map hereto attached and made a part of this Ord-
inance being designated as the Master Plan of Arterial Highways of the
City of Cypress, otherwise referred to in this Ordinance as the City
Highway Map, and said map and all the notations, references, and any
other information shown thereon are be reference hereby made a part of
this Ordinance. The original of the City Highway Map, including any
changes or amendments thereto shall be kept on file with the City Clerk.
Section 112.1: BUILDING SETBACK LINE:
A. Planned highway right -of -line. A planned highway right -
of -way line is hereby established in the following instances:
1. Along all major highways as shown on the Master Plan
of Arterial Highways of the City of Cypress, sixty
(60) feet distance from and parallel with the center
line of such highway;
2. Along all primary streets as shown on the Master Plan
of Arterial Highways of the City of Cypress, fifty
(50) feet distance from and parallel with the center
line of such street;
3. Along all secondary streets as shown on the Master
Plan of Arterial Highways of the City of Cypress,
forty -four (44) feet distant from and parallel with
the center line of such street.
B. The center line shall be:
1. The officially surveyed line, or
2. A center line as adopted by a precise plan.
C. How measured.
1. The building setback line shall be a line which is
the depth of the required front yard back from and
parallel with the front property line.
2. The building setback line along the abutting side
street of a corner lot shall be a line which is the
depth of the required side yard back, from and parallel
with the side property line.
3. Where there is a planned highway right -of -way line
established by the Ordinance, the setback distance
shall be measured from such planned highway right -
of -way line rather than from the actual property line.
D. Building lines or building setbacks on major, primary and
secondary highways, as such major, primary and secondary
highways are shown on the Master Plan of Arterial Highways
of the City of Cypress, also known as the Master Plan of
Streets and Highways, as adopted by the City Council of the
City of Cypress, shall be as are found on the following
chart. Such distances as indicated on the chart shall be
measured from the center lines of said streets.
The building lines or setbacks established in said chart must be
met despite any provision to the contrary in this Code, except that the
variance procedure and those Sections applicable to non - conforming
buildings and uses shall be applicable.
Ordinance No. 90
CITY OF CYPRESS
BUILDING LINES
Front Side, or Rear Yard Abutting Highway
Measured From Centerline
Existing SECONDARY HIGHWAY
Zone 80' R
Dist ict Front Side Rear Frost Side Rear Front 5�e ^Rear
PRIMARY HIGHWAY
100' R
MAJOR HIGHWAY
0' R
A -1 65' 50' 65' 75' 60' 75' 85' 70' 85'
A -2 65' 50' 65'
75' 60'
75' 85' 70' 85'
R -S 60' 50' 65' 70' 60' 75' 80 70' 85'
R -1 60' 50' 65' 70' 60' 75' 80' 70' 85'
R -2 60' 50' 60' 70' 60' 70' 80' 70' 80'
R -3 55' 50' 60' 65' 60' 70' 75' 70' 80'
R -4 60' 50' 65' 70' 60' 75' 80' 70' 85'
C -1
44'or 50'or
60' or
40'+e 40' +d 40' +c 50' +e 50' +d 50' +c 60' +e 60 '.rd 60' +c
40'or 40'or 50'or 50'or 60'or 60' or
C -2 50' 40' +a 40' +c 60' 50' +a 50' +c 70' 60' +a 60' +c
40'or 40'or 50'or 50'or 60'or 60' or
C -3 40' 40' +a 40' +a 50' 50' +a 50' +a 60' 60' +a 60' +a
50'or 40'or 40'or 60'or 50'or 50'or 70'or 60'or 60' or
C -4 40'4b 40'4a 40' +a 50' +b 50' +a 50' +a 60' +b 60' +a 60' +a
40'or 40'or
50'or 50'or 60'or 60'or
M-1 90' 40' +c 40' +c 100' 50' +c 50' +c 110' 60'+c 60'4c
40'or 40'or 50'or 50'or 60'or 60' or
M -2 90' 40' +c 40' +c 100' 50'+c 50' +c 110' 60' +c 60' +c
CEM
90' 45' 65' 100' 55' 75' 110' 65' 85'
R-C 75' 45' 65' 85' 55' 75' 95' 65' 85'
Standards of more restrictive zone abutting the subject property
shall govern.
a. When abutting any "R" Zone 10' setback required.
b. Where the "C -4 "Zone occupies an entire block, the required front
may be reduced to 6'.
c. 25' setback required abutting any "R" Zone.
d. 10' setback required on side yard abutting the street on corner lot.
e. Front setback the same as abutting zone, but need not exceed 25'.
NOTE: FRONT AND SIDE YARDS ALONG THE HIGHWAYS AS REQUIRED BY THIS SETBACK
ORDINANCE SHALL BE USED AND MAINTAINED FOR LANDSCAPING AND ACCESS
DRIVEWAYS ONLY.
Ordinance No. 90
11,*)r-
:44
PART 20
CONDITIONAL USE PERMITS
,Section 120 IL DESCRIPTION AND PURPOSE: The principal objective of
this Comprehensive Zoning Ordinance of the City of Cypress, is to provide
for the proper location of various types of land use, and to that end to
classify, insofar as it is practicable to do so, types of land use in order
to provide one or more zones in which such uses shall be permitted. Itis
recognized, however, that certain types of land use require special con-
sideration prior to their being permitted in a particular zone, the reasons
for requiring such special consideration involving, among other things, the
size of the area required for the full development of such uses, the nature
of the traffic problems incidental to their operation, the effect which
such uses may have on adjoining land uses and on the growth or development
of the community as a whole. This Ordinance, therefore, provides that
certain uses may be permitted in any zone unless expressly prohibited, sub-
ject to the securing of a Conditional Use Permit. The City Council, there-
fore, upon application being made to it, in accordance with the provisions
hereinafter set forth, as an administrative act, may grant a Conditional
Use Permit for any use listed, whenever it is found necessary or desirable
for the development of the community, and in harmony with the various
elements or objectives of this Ordinance, and not detrimental to the exist-
ing uses or the uses specifically permitted in the zone in which the pro-
posed use is to be located. In granting any such Conditional Use Permit.
the City Council may impose such conditions, which shall be set forth in
the permit, as it may determine to be necessary in order to safeguard and
protect the public health, safety and general welfare, and to insure the
development of the use thus permitted being completed in accordance with
such plans as the City Council may approve. Nothing construed herein
shall be deemed to require the City Council to grant a Conditional Use
Permit.
Section 120.2: USES PERMITTED IN ANY ZONE SUBJECT TO CONDITIONAL
USE PERMIT: The following uses, unless expressly prohibited may be per-
mitted in any zone, subject to a Conditional Use Permit:
A. Airports and landing fields.
B. Billboards and outdoor advertising structures.
C. Borrow pits.
D. Cemeteries.
E. Churches.
F. Columbariums, crematories and mausoleums.
G. Dumps.
H. Education institutions.
I. Equestrian establishments.
J. Establishments or enterprises involving large assemblages
of people or automobiles as follows:
1. Amusement parks.
2. Circuses, carnivals or fairgrounds.
3. Labor camps.
4. Open air theaters.
5. Public buildings and facilities.
6. Race tracks and rodeos.
7. Recreational facilities, privately operated.
8. Explosives, storage of (In M -2 Zones only).
9. Golf courses.
10. Institutions for treatment of alcoholics.
11. Development of natural resources (including drilling
for or producing oil, gas or other hydrocarbon sub-
stances or the production of rock or gravel) together
with the necessary buildings, apparatus or appurtenances,
thereto.
12. Public utilities, or utilities operated by mutual agencies
consisting of water wells, electrical substations, gas or
conversion plants with the necessary buildings, apparatus
or appurtenances incident thereto, but not including
Ordinance No. 90
distribution mains or electric or telephone wires
or cables or City owned public utilities.
13. Radio or television transmitters.
14. Trailer parks.
K. Establishments in which public dancing or entertainment for
the public is conducted.
L. Tent shows or public gatherings to be held in tents or
temporary structures.
Section 120.3: ESSENTIAL OR DESIRABLE: The uses listed in the fore-
going Section may be permitted only when the use is deemed by the City
Council after action upon a specific application, that the use will not be
detrimental to the neighborhood or the public in general. Nothing con-
strued herein shall be deemed to require the City Council to grant the
request.
Section 120.4: OTHER USES FOR WHICH A CONDITIONAL USE PERMIT MAX BE
ISSUED: Whenever in any zone certain uses are listed as permissible, sub-
ject to the issuance of a Conditional Use Permit, a Conditional Use Per-
mit can be issued, provided the conditions precedent as set forth in the
following Section are satisfied and complied with. Further, whenever a
lot or tract of land can not reasonably be used for any purpose permitted
in the zone in which such property is situated, the City Council, after
first finding this to be the fact, may grant a Conditional Use Permit for
any other use, even though such use is not mentioned above, provided the
conditions precedent as set forth in the following Section are satisfied
and complied with.
Section 120.5: NECESSARY CONDITIONS PRECEDENT TO THE GRANTING OF A
CONDITIONAL USE PERMIT: The applicant shall set forth in detail on forms
provided by the Commission, the reasons for the requested Conditional Use
Permit; shall show thereon how all the conditions set forth in this Section
are satisfied and all other information requested by the Commission.
All Conditional Use Permits may be granted by the Council only after
a public hearing, and after a prior public hearing before the Commission
and a report by the Commission to the Council. Before the Council may
grant any request for a Conditional Use Permit, it must make a finding
of fact by Resolution or Minute Order, that the evidence presented shows
that all of the following conditions exist:
A. That the use applied for at the location set forth in
the application is properly one for which a Conditional
Use Permit is authorized by this Ordinance.
B. That the said use is necessary or desirable for the
development of the community, is in harmony with the
various elements or objectives of this Ordinance, and is
not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be
located.
C. That the site for the intended use is adequate in size
and shape to accomodate said use and all of the yards,
setbacks, walls or fences, landscaping and other features
required in order to adjust said use to those existing
or possible future uses on land in the neighborhood.
D. That the site for the proposed use is bounded by street
or streets and highways properly designed and improved
so as to carry the type and quantity of traffic generated
or to be generated by the proposed use.
E. Commission findings and conditions: The Commission in
recommending approval of a Conditional Use Permit shall
first find as follows:
Ordinance No. 90
1. That the site for the proposed use is adequate in
size and shape to accommodate said use and all yards,
spaces, walls and fences, parking, loading, landscap-
ing and other features required by this Ordinance to
adjust said use with land and uses in the neighborhood.
2. That the site for the proposed use is bounded by
street or streets and highways adequate in width and
pavement type to carry the quantity and kind of traffic
generated by the proposed use.
3. That the proposed use will have no adverse effect on
abutting property or the permitted use thereof.
4. That the conditions stated in the decision are deemed
necessary to protect the public health, safety, and
general welfare. Such conditions may include:
a. Regulation of use.
b. Special yards, spaces and buffers.
c. Fences and walls.
d. Surfacing of parking areas subject to City
specifications.
e. Requiring street dedications and improvements
(or bonds).
f. Regulation of points of vehicular ingress and
egress.
g. Regulation of signs.
h. Requiring landscaping and maintenance thereof.
i. Requiring maintenance of the grounds.
j. Regulation of noise, vibration, odors, etc.
k. Regulation of time for certain activities.
1. Time period within which the proposed use shall
be developed.
m. Duration of use.
n. And such other conditions as will make possible
the development of the City in an orderly and
efficient manner and in conformity with the in-
tent and purposes set forth in this Ordinance.
Section 120 6: EXPIRATION OF CONDITIONAL USE PERMITS: Every Con-
ditional Use Permit issued after the effective date of this Ordinance
shall terminate and become void unless:
A. The applicant shall, within sixty (60) days from the
issuance of such permit, file with the City Clerk his
written acceptance or agreement to the terms, conditions,
if any, imposed by such permit.
B. The use authorized by such permit shall be commenced, or
construction necessary and incident thereto shall be be-
gun on or before the time limit specified in such permit
and thereafter diligently advanced, or if no time is
specified, on or before one hundred eighty (180) days after
the date such permit was approved by the City Council.
In all cases, the Council, for good cause shown, either before
or after the expiration of such time limit, may extend such
time limit, in which event the permit shall be extended for
the time specified.
Section 120 : TERMINATION OF CONDITIUNiaL USE PE la
A. Conditional Use Permits may be revoked or modified by the
Council after a public hearing on any one or more of the
following grounds:
Ordinance No. 90
1. That the approval was obtained by fraud.
2. That the use for which such approval is granted
is not being exercised within the time specified
in such permit.
3. That the use for which such approval was granted
has ceased to exist or has been suspended for one
year or more.
4. That the permit, granted as being, or recently has
been exercised contrary to the terms or conditions
of such approval, or in violation of any Statute,
Ordinance, Law or regulations.
5. That the use for which the approval was granted has
been so exercised as to be detrimental to the public
health or safety, or so as to constitute a nuisance.
Sectio „12 0.8: PREVIOUSLY AUTHORIZED CONDITIONAL USE PEhMITS: Any
Conditional Use Permit issued prior to the effective date of this Ordinance
shall remain in full force and effect in accordance with the terms thereof;
provided however, that such Conditional Use Permit is subject to modifi-
cation or revocation for any of the reasons set forth in this Ordinance.
Ordinance No. 90
PART 21
OFF- STREET PARKING RE9UIREMENTS
Section 121.0: DESCRIPTION AND PURPOSE: The purpose of this Part
is to set forth the off - street parking requirements for the various land
use.
Section 1211: 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 parking of motor vehicles.
Common parking facilities may be provided in lieu of individual require-
ments; provided, the common parking facilities have a total number of park-
ing spaces not less than the total number of individual requirements, less
any individual requirements actually provided, and meet the requirements
of the zone in which they are located.
"Accessible", as used above, in reference to a garage nothaving an
entrance on an alley, means that there shall be an unobstructed paved
surfaced area extending from the garage entrance directly away therefrom
for a distance of twenty -six (26) feet. Such surfaced area shall be the
full width of the garage for the entire twenty -six (26) feet, and shall
be connected by paved drive of ten (10) feet minimum width with the public
thoroughfare.
Section 121 : MINIMUM REQUIhEMENTS: 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.
ZONE OR USE:
A. For dwellings:
A -1 2 spaces per dwelling unit in a
A -2 2 spaces per dwelling unit in a
R -S 2 spaces per dwelling unit in a
R -1 2 spaces per dwelling unit in a
R -2 2 spaces per dwelling unit in a
R -3 12 spaces per dwelling unit, one
in a garage and one -half (f) of
open parking.
R -4 2 spaces per dwelling unit in a
garage.
garage.
garage.
garage.
garage.
of which shall be
which may be
garage.
B. For the following zones (unless specific uses specify
greater or permit a lesser amount):
C -1 6 spaces per 1000 square feet of gross floor
area.
C -2 10 spaces per 1000 square feet of gross floor
area.
C -3 6 spaces per 1000 square feet of gross floor
area.
C -4 8 spaces per 1000 square feet of gross floor
area.
M -1 2 spaces per 1000 square feet of gross floor
area.
M -2 2 spaces per 1000 square feet of gross floor
area.
CEM (a) 1 parking space for each three persons
employed.
(b) 1 parking space for each three seats in
any church or chapel; and
(c) 1 parking space for each three hundred
fifty (350) square feet of floor space
used for retail sales of services or
commodities.
R-C 1 space for each three persons that can be
accommodated.
Ordinance No. 90
13()
C. For the following uses:
Apartment hotels
Banks
Bowling Alleys
Churches & places of Assembly
Colleges
Drive -In Restaurants
Eating & drinking places
It spaces per apartment
unit, up to 40; 1 space
per apartment unit over
40.
6 spaces per 1,000 square
feet of gross floor area.
5 spaces per alley.
1 space per 5 seats or
per 40 square feet of
floor area in places of
assembly, whichever is
the lesser.
1 space per 3 enrolled
students of the contem-
plated maximum enroll-
ment plus 1 space per
employee.
25 spaces per 1,000
square feet of gross
floor area.
8 spaces per 1,000
square feet of gross
floor area.
Hospitals, Welfare Institutions - - - -1 space per 1,000 square
feet of gross floor area
or one space for each 2
beds, which ever requires
more spaces.
Hotels k spaces per guest room
or suite up to 40; 1
space per guest room or
suite over 40.
Industries 2 spaces per 1,000 square
feet of gross floor area.
Lodges and Clubs 6 spaces per 1,000 square
feet of gross floor area.
Mortuaries -- - - - - -- 1 space per 40 square
feet of floor area in
assembly rooms.
4 spaces per 1,000
square feet of gross floor
area.
8 spaces per 1,000
square feet of gross floor
area.
Offices, general
Offices, Medical - Dental - --
Offices, Non - Public
Employees only
Open Industrial Uses
Rest Homes
Tourist courts, Motels
Trade Schools, Business Colleges
Orai ns nnw NA_ 9n
2 spaces per 1,000 square
feet of gross floor area.
1 space per every 2 of
the maximum contemplated
number of employees on
duty at one time or per
2,500 square feet of lot
area, whichever is greater.
1 space per 1,000 square
feet of gross floor area
or 1 space for each 2 beds,
whichever requires more
spaces.
1 space per sleeping
room or living unit.
6 spaces per 1,000
square feet of gross
floor area.
Schools, Elementary & Junior High - - -1 space per employee,
plus 1 space per 5
seats or 40 square
feet of floor area in
place of assembly which-
ever is the lesser.
Schools, High 1 space per 6 students
of the contemplated
maximum enrollment,
plus 1 space per em-
ployee.
Wholesaling - Warehousing - - -- 1 space per 1,000
square feet of gross
floor area, plus 1
space per truck of
the maximum contem-
plated number that
will be stored upon
the premises at one
time.
Section 121.3: SPICE:
A. "Space" means a single parking space. Each space shall
have an area of not less than nine (9) feet in width and
twenty (20) feet in depth.
B. Where a garage is not specifically required, open air
parking spaces are permitted.
C. Where there is more than one type of use the parking re-
quirements shall be the sum total of the individual types
of uses.
Sectioq 121 lam. IMPROVEMENTS: Every lot or parcel of land used
as a public or private parking area shall be developed and maintained
in the following manner:
A. Surface of parking area: Off- street parking areas shall
be paved and maintained so as to eliminate dust or mud and
shall be so graded and drained as to dispose of all surface
water.
B. Border Barricades: Every parking area that is not sepa-
rated by a wall from any street or alley upon which it
abuts shall be provided with a 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.
C. Lights: Any lights provided to illuminate such parking
areas shall be so arranged as to reflect any light away
from any adjoining residential premises.
D. 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 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 parking 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.
OrdinAnAA Nn_ on
Section 121.5: LOADING SPACE REQUIREMENTS: Every hospital,
institution, hotel, commercial or industrial building hereafter erected,
structurally altered or established shall have and thereafter contin-
uously maintain off - street loading spaces as follows:
Total square feet of building Loading spaces
space. (gross floor areal Required
Commercial Buildings
3,000 15,000 1 Type A
15,001 50,000 2 Type A
50,001 and over 3 Type A
Hospitals & Institutions
3,000 20,000 1 Type A
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 & Office Buildings
3,500 50,000 1 Type A
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 121.6: OFF- STREET PARKING: The off - street parking
requirements of Part 21 shall not apply to unattended public utility
uses.
Ordinance No. 90
FART 22
NON CONFORMING LOTS. BUILDINGS, USES
1 33
Section 122 0: REGULATIONS SUBJECT TO THIS PART:. Where lots,
buildings, or uses legally existing on the effective date of this
Ordinance are not in conformity with the provisions of this Ordinance,
it is the intent and purpose of this Part to declare such lots, build-
ings, and uses to be non - conforming, for the purpose of protecting
public health, safety and general welfare.
Section 122.1: "GROUP An NON- CO'TFORMING LOTS, BUILDINGS AND USES:
"Group A" non - conforming lots, buildings, and uses are those which are
generally not detrimental in the zone; they may be continued and under
certain conditions altered or enlarged.
A. "Group A" Non - conforming lots are those lots which do
not conform to the LOT AREA and LOT DIMENSION standards
for the zone in which they are located. The uses per-
mitted in the zone shall be permitted on such lots, sub-
ject to all other property development standards of the
zone.
B. "Group A" Non - conforming buildings are those buildings
which do not conform to the BUILDING HEIGHT, YARDS and
DIS`1'ANCE BETWEEN BUILDINGS standards for the zone in
which they are located. Such buildings shall be permitted
to continue, provided that any addition, alteration or
enlargement thereto shall comply with all the property
development standards of the zone. When any "Group A"
non - conforming building is for any reason removed from
the land, all future buildings or structures erected on
such land shall conform to all property development
standards of the zone.
C. "Group A" Non - Conforming Uses:
1. In agricultural and residential zones, "Group A"
non - conforming uses of buildings are those uses
which do not conform to the population density
standards for the zone in which they are located.
Buildings containing such uses may be altered, pro-
vided that the population density shall not be
increased.
2. In commercial and industrial zones, "Group A"
non - conforming uses of buildings are those uses
which are not listed as permitted but which are
of the same general type i.e. commercial uses in
a commercial zone, and are determined by the Plan -
ninp Commission to be not detrimental to the public
health, safety and general welfare. Such uses may
be continued, altered, or enlarged, subject to the
property development standards of the zone.
Section 122.2: "GROUP B" NON - CONFORMING BUILDINGS AND USES: "Group
B" non- conforming buildings and uses are those which are detrimental in
the zone; they must be terminated or removed within a specified period.
A. "Group B" Non - Conforming Buildings:
1. "Group B" non- conforming buildings are as follows:
a. In residential and agricultural zones, commercial
and industrial buildings shall be considered as
"Group B" non- conforming.
b. In commercial and industrial zones, residential
buildings not specifically permitted in the zone
shall be considered as "Group B" non - conforming.
Ordinance No_ 90
1 3
2. The following time limits shall be applied to all
"Group B" non- conforming buildings, the period to
begin on the effective date of this Ordinance.
This time table is deemed to provide for the amor-
tization of the affected buildings; on or before
the termination of said property such buildings
shall be removed from the land.
a. Type 1 and 2 construction * twenty (20) years.
b. Type 3 and 4 construction * fifteen (15) years.
(fire resistant)
c. Type 5 construction * ten (10) years.
* As defined in the Building Codes.
3. When said non - conforming building is removed from
the land, at or before the end of the amortization
period, every future building and use shall be in
conformity with the provisions of this Ordinance.
B. "Group B" Non- Conforming Uses:
1. "Group B" non - conforming uses shall be those uses in
any zone which are expressly prohibited and those
other uses which are not provided for in said zone.
2. A "Group B" non- conforming use of a conforming or a
"Group A" non- conforming building shall, within five
(5) years from the effective date of this Ordinance,
be completely terminated or shall be so altered that
it will be in conformity with the uses permitted in
the zone. Such non - conforming use shall not be ex-
panded or extended into any other portion of the
building, and if such use is discontinued for a period
of one hundred eighty (180) days any future use of
said building shall be in conformity with the uses
permitted in the zone.
3. "Group B" non- conforming uses in a "Group A" non-
conforming building may continue for the duration
of the building and may be expanded or extended
throughout said building, provided that no struct-
ural alterations except those required by law or
Ordinance shall be made therein. Further, if no
structural alterations are made, a non - conforming
use in such a building may be changed to permit a
similar or more restricted type of non - conforming
use, provided that said new use be approved by
the Planning Commission.
Section 122.3: NUN - CONFORMING USE OF THE LAND: A non - conforming
use of land, where no buildings or structures are involved, shall, when
deemed by the Council to be detrimental to health, safety, and welfare,
within five (5) years after the effective date of this Ordinance, be
completely terminated or so altered that it will be in conformity with
the uses permitted in the zone. Such non - conforming use of land shall
not be expanded in any way either on the same or adjoining property,
and if such non - conforming use of land is discontinued for a period of
one hundred eighty (180) days, any further use of the land shall be in
conformity with this Ordinance.
Section 122141 NUN - CONFORMING SIGNS AND BILLBOARDS:
A. Identification signs which do not conform to this Ord-
inance but which lawfully existed and were maintained
on the effective date of this Ordinance shall, within
five (5) years after the effective date of this Ordinance,
be removed or made to conform.
Ordinance No_ 90
B. Billboards which do not conform to this Ordinance but
which lawfully existed and were maintained on the effect-
ive date of this Ordinance shall, within three (3) years
after the effective date of this Ordinance, be removed
or made to conform.
C. During the interim period, said non - conforming signs and
billboards shall be kept in good repair and visual appear-
ance and no structural alteration shall be made thereto.
Section 122.5: NON - CONFORMING FENCES, HEDGES AND WALLS: Fences,
hedges and walls which do not conform to the corner cutback provisions
of this Ordinance shall, within three (3) years after the effective date
of this Ordinance be removed or made to conform.
Section 122.6: NUN - CONFORMING OFF - STREET PARKING AND LORDING
FACILITIES: Where off - street parking or loading facilities do not con-
form to the provisions of this Ordinance, or where no such facilities
have been provided for buildings, constructed prior to the effective
date of this Ordinance, such building shall not be expanded nor may
additional facilities be provided within said building until after the
requirements for off-street parking and loading space shall have been
complied with for those facilities added or enlarged.
Section 122,21 REVERSION OF NON- CONFORMING USE: Any portion of
a non - conforming building or use which is altered or changed to a con-
forming use shall not thereafter be used for a non- conforming use.
Section 122.8: RECONSTRUCTIuN OF A NUN - CONFORMING BUILDING: The
provisions of this Ordinance shall not prevent the reconstruction, re-
pair or rebuilding of any non - conforming building damaged by fire, ex-
plosion or act of God or the enemy, subsequent to the effective date of
this Ordinance, provided that the cost of such reconstruction, repair-
ing or rebuilding shall not exceed fifty (50) percent of the reasonable
replacement value of the building immediately prior to the damage, as
determined by a Building Inspector of the City.
Section 122.9: ELIMINATION OF TEMPORARY NON - CONFORMING RESIDENTIAL
BUILDINGS: Where a building, temporarily being used for dwelling pur-
poses exists on a lot in any residential or agricultural zone, a dwelling
or dwellings as permitted in the zone in which said lot is located may
be erected on said lot, provided that within thirty (30) days after the
granting of an occupancy permit by the City for the use of the new dwell-
ing, the temporary dwelling shall be made to conform with the provisions
of the zone or shall be removed.
Section 122.10: NON - CONFORMING LOTS, BUILDINGS AND USES UNDER
VARIANCE OR CONDITIONAL USE PERMIT: Those non- conforming lots, uses
and buildings which are existing under a variance or a Conditional
Use Permit granted under this or any previous zoning Ordinance shall
be permitted to continue under the conditions and regulations imposed
in said permit or variance.
Section 122.11: PUBLIC UTILITY, FACILITIES AND USES: Nothing
in this Ordinance pertaining to non - conforming buildings and uses shall
be construed or applied so as to require the termination, or removal,
or so as to prevent the expansion, modernization, replacement, repair,
maintenance, alteration or rebuilding of public service and public
utility buildings, structures, uses, equipment and facilities, provided
that there is no change of use or increase of those areas so used.
Ordinance No. 90
PART 23
VARIANCES
Section 123.1: DESCRIPTION AND PURPOSE: When, because of special
circumstances applicable to the subject property, including size, shape,
topograpky,location or circumstances, the strict application of the
Zoning Ordinance is found to deprive the subject property of privileges
enjoyed by other property in the vicinity and under identical zone classi-
fication, and when any variance granted does not constitute a grant of
special privileges inconsistent with the limitations upon other prop-
erties in the vicinity and the zone in which the subject property is
situated, the Commission shall have authority, as an administrative act,
to grant such variance. The Commission may impose such conditions,
which shall be set forth in any such variance, as it may determine to
be necessary in order to safeguard and protect the public health, safe-
ty and general welfare, and to insure the development thus permitted
being completed in accordance with such plans as the Commission may
approve.
Section 122,2: VARIANCE - LI6JIIT6TIUNS: A Variance shall not be
construed as an amendment to this Ordinance or cause the maps which are
part of this Ordinance to be changed, nor shall a Variance be used as a
procedure to change or alter the use of land or structures not permitted
within the zone for which an application for a Variance is made. No
Variance shall be granted to permit a use in a zone which use is not
permitted by this Ordinance.
Section 12,1 NECESSARY CONDITIONS PRECEDENT TO THE GRANTING OF
A VARIANCE:
A. The applicant shall set forth in detail on forms provided by
the Commission, the reasons for the requested variance; shall
show thereon how all the conditions set forth in this Section
are satisfied, and all other information requested by the
Commission.
B. The Commission, before it may grant a request for a variance,
must make a finding of fact by resolution that the evidence
presented shows that all of the following conditions exist:
1. That because of special circumstances or unusual hard-
ship applicable to subject property, including size,
shape, topography, location or surroundings, the strict
application of the Zoning Ordinance is found to deprive
subject property or privileges enjoyed by other proper-
ties in the vicinity and under identical zone classi-
fication.
2. That such conditions have been imposed upon the issuance
of the variance as will insure that the variance thereby
authorized does not constitute a grant of special privi-
lege inconsistent with the limitations upon other proper-
ties in the vicinity and zone in which subject property
is situated.
3. That the granting of the variance will not be materially
detrimental to the public welfare or injurious to prop-
erty and improvements in the zone and vicinity in which
the property is located.
4. That the granting of such a variance will not be contrary
to the objectives of the Master Plan or this Ordinance.
Ordinance No. 90
Section 123_4 EXPIRATION OF VARIANCES: Every variance issued
after the effective date of this Ordinance shall terminate and become
void unless:
A. The applicant shall, within thirty (30) days from the
issuance of such variance, file with City Clerk his
written acceptance or agreement to the terms and con-
ditions, if any, imposed by such variance.
B. The use authorized by such variance shall be commenced
or construction necessary and incident thereto shall be
begun on or before the time limit specified in such
variance, and thereafter diligently advanced, or if no
time is specified on or before one hundred eighty (180)
days after the date such variance was approved.
C. In all cases, the Commission, for good cause shown,
either before or after the expiration of such time limit,
may extend such time limit, in which event the variance
shall be revived for the time specified.
SSection � TER.MSNATIGN OF VARIANCES: A variance may be re-
voked or modified by the Commission, after a public hearing, on any
one or more of the following grounds:
A. That the approval was obtained by fraud.
B. That the variance is not being exercised within the
time specified in such variance, or any extension
thereof.
C. That the variance has ceased to be exercised, or has
ceased to exist or has been suspended for one year
or more.
D. That the variance granted is being, or recently has
been exercised contrary to the terms or conditions of
such approval, or in violation of any statute, Ordin-
ance, law or regulation.
E. That the variance has been so exercised as to be detri-
mental to the public health or safety, or so as to consti-
tute a nuisance.
Section 123„6: PREVIOUSLY AUTHOR ZF.D VARIANCES: Any valid variance
issued prior to the effective date of this Ordinance, shall remain in
full force and effect in accordance with the terms thereof; provided,
however, that such variance is subject to modification or revocation
for any of the reasons set forth in this Ordinance.
Ordinance No. 90
PART 24
PROCEDURE
Section 12 l: PROCEEDING INCLUDED: The following provisions in
this part shall apply generally to the proceedings under this Ordinance
including amendments to the Zoning Ordinance, adoption or amendment of
precise plans, the issuance of variances and Conditional Use Permits
and the revocation or modification thereof, the determination of other
permitted buildings and uses, the issuance of building and use permits
and appeals.
Section 12/ 2: COMMENCEMENT OR INITIATION OF PROCEEDINGS: The
initial public hearing on any proceeding under this Zoning Ordinance
shall be before the Commission. Proceedings may be initiated as follows:
A. Amendments to the Zoni_„_g,_Ordinance or Adoptionof Precise
Plans: Such amendments (which include amendments or changes
to the official City Zoning Map) or Precise Plans may be
initiated by the Council, the Commission or any property
owner with respect to his own property. An application
for such amendment or the adoption of Precise Plans shall
be made on forms provided by the Commission for this pur-
pose, duly signed, and verified by the applicant, and
filed with the Commission.
B. Ispuance of Variances or Conditional Upe Permits: A re-
quest for Variance or Conditional Use Permit may be ini-
tiated by an application made by any property owner with
respect to his own property; by a plaintiff in an action
in Eminent Domain to acquire property; and /or by an
authorized agent of the owner of the property on forms
provided by the Commission for this purpose, duly signed,
and verified by the applicant, and filed with the Commission.
C. Revocatio ,or Modification of Variance orCondi tional
Use Permits: The revocation or modification of any
Variance or Conditional Use Permit may be initiated by
the Commission or the Council on its own motion, or by
an application made by any person damaged or adversely
affected by the continuance of such Variance or Con-
ditional Use Permit, on forms provided by the Commission
for this purpose, duly signed and verified by such person,
and filed with the Commission.
D. Determination of Other Permitted Buildings and Uses: The
determination that a building or use not specifically
permitted is nevertheless a permitted use may be initiated
by an application made by any property owner with respect
to his own property on forms provided by the Commission
for this purpose, duly signs and verified by such person,
and filed with the Commission.
Section 124.,3: FILING AND APPEAL FEES: When proceedings are in-
itiated by an applicant (neither the City Council nor the Commission
is to be considered as an applicant and pays no fees) the following
filing fees shall be paid to the City and a receipt therefor attached
to the application as a condition of filing: Such fees are as follows:
Application to amend the Zoning Ordinance $75.00
Application for issuance of Variance 50.00
Application for issuance of A Conditional
Use Permit 50.00
Application for revocation of Variance or
Conditional Use Permit No Fee
Application for modification of Variance or
Conditional Use Permit 50.00
Application for determination of other
permitted uses No Fee
Ordinance No. 90
Application for building permits requiring
approval No Fee
Application for approval of the Planning
Director No Fee
Appeal to the Council *25.00
Where the proceedings are of the type which the statutes of this
Ordinance require the Council to act upon or the Council elects upon
its own motion to review the Commissions' action no appeal fee is re-
quired. No filing fee shall be refunded except upon order of the
Council for good cause shown.
Section 124,Aa SETTING HEARING:
A. Before the Commission: Acting as the case may be.
Upon the receipt of advice from the City Clerk that the
Council has initiated any proceedings,
Upon receipt, of an application for an amendment to the
Zoning Ordinance, or the adoption of a Precise Plan or
application for issuance of a Variance or Conditional
Use Permit, or the modification or revocation thereof.
In accordance with instruction of the Commission in a
case where any such proceeding has been initiated by
the Commission on its own motion.
The Secretary of the Commission shall set the time and
place of such hearing. The date of the first hearing
shall be not less than ten (10) days or more than (40)
B. Before the Council,
Upon appeals taken to the Council from a decision of
the Commission, and on all natters required by statute
or this Ordinance, to be acted upon by the Council, the
Council or City Clerk shall fix the time and place of
such public hearing. The date of the first hearing shall
be not less than ten (10) days nor more than forty (40)
days from the date the appeal is filed with the City
Clerk, or where action by the Council is required or
taken, without an appeal being filed, then from the date
of the Commission's decision, whether resulting either
from action or inaction on the part of the Commission.
If the Council finds that it is impractical to hold
such hearing within such forty (40) day period, the
Council may extend the period.
Section 124,5: NOTICE OF PUBLIC HEARING BEFORE THE COMMISSION
OR COUNCIL: Notice of the time and place of public hearings shall be
given in the following manner:
A. Notice of Public Hearing shall be published once in a
newspaper of general circulation in the City not less
than ten (10) days before the date of the hearing.
B. When the Commission or the City Council, depending upon
which body is holding the Public Hearing, so directs, and
not otherwise, notice of the Public Hearing shall be given
by posting at least ten (10) days before the date set
for the hearing, at least one (1) notice in front of the
subject property, and if more than one subject property
is involved, then notices shall be posted not more than
one hundred (100) feet apart in front of the subject
properties. At least five (5) additional notices shall
also be posted within a radius of three hundred (300)
feet of the external boundaries of the subject property
or properties.
Ordinance No. 90
140
C. Whenever a Public Hearing is upon an application for
a Variance, exception, Conditional Use Permit or other
similar permit, or for the revocation or modification
of the same, then and only then, notice of the time and
place of the Public Hearing shall be mailed, postage
prepaid, not less than five (5) days prior thereto, to
all persons whose names and address appear on the last
adopted tax roll of Orange County, or as known to the
City Clerk, as owning property within a distance of
not less than three hundred (300) feet from the exterior
boundaries of the area actually occupied or to be occu-
pied by the use which is the subject of the Public Hearing.
Notice shall be given by the Secretary of the Commission or
the City Clerk, depending upon whether such hearing is to be
held by the Commission or the Council.
Section 14.6_ REQUIRED INFORMATION IN NOTICES: The Notices
shall contain the following information:
A. Description of the property under consideration. The
required description may be either a legal description
or by any other method that substantially identifies
such property.
B. The nature of the proposal, or Hearing.
C. The time and place and before whom such Public Hearing
is to be held.
Section 124.7: CONTINUANCE OF HEARING: If for any reason the
Public Hearing is not begun or completed on the day set for such Hearing,
the person presiding at such Public Hearing may, from time to time,
continue such Hearing, provided that before the adjournment of the
meeting he publicly announces the time and place to which such Hearing
is continued, in which event no further notice is required.
Section 1241,8: INVESTIGATION: The Commission, or the Council,
as the case may be, shall investigate the facts bearing on the case
to provide information necessary to act thereon.
Section 124.9: SUMMARY OF TESTIMONY: A summary of all pertinent
testimony offered at Public Hearings before the Council and the names
of persons testifying shall be reduced to writing and made a part of
the permanent files of the case.
Section 12 10: VOTES NECESSARY IN COMMISSION AND COUNCIL:
A. The adoption of a Precise Plan or of a Zoning Ordinance
or any Amendment, extension or addition to any of them,
shall be by resolution of the Commission, carried, by
the affirmative votes of not less than the majority of
its total voting members.
B. All other actions by the Commission may be by a majority
vote of those present; provided there is a quorom.
C. All actions under this Ordinance by the Council shall re-
quire the vote of a majority of its members.
Section 124.11: TIME WITHIN WHICH COMMISSION MUST ACT:
A. Where proceedings are initiated before the Commission,
the Commission, shall, not more than forty (40) days
following the initial hearing, or if the proposal is
initiated before the Council and referred back to the
Commission by the Council, the Commission shall, with-
in forty (40) days after such referral, or such longer
period as the Council may have designated, announce its
findings by formal resolution.
Ordinance No. 90
11.41
B. In the event the Council initiates a change or addition
to all or part of an adopted Master or General Plan, the
Commission shall, within ninety (90) days after the ref-
erence, or such longer period as may be designated by the
Council, make a report to the Council by formal resolution.
Section 124.12: EFFECT OF FAILURE OF THE COMMISSION TO ACT: Fail-
ure of the Commission to report to the Council within the periods stated
shall be deemed an approval of any proceeding initiated by the Council.
In all other proceedings, the Commission, for good cause shown, may ex-
tend the period within which it must act; provided, however, after the
expiration of the forty (40) day period, notwithstanding the time has
been extended, the applicant may, at his option, treat such failure of
the Commission to act as disapproval of the application, by filing
written notice to that effect with the Secretary of the Commission.
Section 124.12: DECISION OF THE COMMISSION FINAL UNLESS AN APPEAL
IS TAKEN: Except where the proceedings are of the type which the sta-
tutes or this Ordinance require the Council to act upon, any action or
decision of the Commission shall be final, unless, within twenty (20)
days after notice of such action or decision is given, an appeal to the
Council was perfected by the applicant or any interested person, or the
Council elects, upon its own motion, to review the proceedings which
shall have the same affect as an appeal, upon the Clerk notifying the
Commission of the Council's action.
Section lam/: TIME WITHIN WHICH THE COUNCIL MUST ACT: The
Council shall, not more than forty (40) days following the initial
hearing, act upon the proceeding, before it; provided, however, the
Council may, for good cause shown, extend such forty (40) day period.
Section 124.1] EFFECT OF THE FAILURE OF THE COUNCIL TO ACT:
Should the council fail to act within such forty (40) day period, not-
withstanding such period has been extended by the Council, the appli-
cant may, at his option, elect to treat such failure of the Council to
act as a disapproval of the application, by filing written election
to that effect with the City Clerk.
Section 124.16: DECISION OF THE CITY COUNCIL FINAL: Any action
or decision of the City Council on proceedings arising under this
Ordinance, excepting a reference back to the Commission, and except-
ing continuances of a hearing, shall be final and conclusive. Such
action shall be by a majority vote of the entire membership.
Section 124 *17: NOTICE OF DECISION OR ACTION OF COMMISSION OR
COUNCIL: The Secretary of the Commission, or the City Clerk, depend-
ing upon whether the hearing was held before the Commission or the
Council, shall cause notice of the decision or official action of the
Commission or Council to be given the applicant, the City Clerk if
the action or decision was the Council's and the Secretary of the
Commission if the action or decision was the Commission's and also to
any person whose Variance or Conditional Use Permit was revoked or modi-
fied. The notice may be served personally, or, in the alternative
sent by mail, addressed to the person at his address shown in the appli-
cation. The notice shall be deemed served at the time it is deposited
in the United Statesmail.
Section 124.18: APPEALS: Appeals under this Ordinance may be
taken from any decision to the Council. Every appeal, except where
the review is had upon the Council's own motion, shall be in writing,
stating the grounds therefor and setting forth the alleged error. The
original of the appeal shall be filed with the Clerk or Secretary of
the body to which the appeal is taken.
Section ;124.19: TRANSMISSION OF RECORD ON APPEAL: Upon receipt
of a copy of the written appeal, the body or officer from which the
appeal is taken shall transmit to the City Clerk a complete record of
the case, including all exhibits presented or introduced in evidence,
and permissibly, but not necessarily a record or summary of the testi-
mony.
Ordinance No. 90
Section 124.20: HEARING AND ACTION UN APPEAL: The Council shall
hear and decide the matter de novo, as if no other hearing had been
held. At the conclusion of such hearing, the Council may affirm the
action or decision appealed from or modify or reverse the same, pro-
vided, the Council shall not make a change in any proposed precise plan,
regulation or amendment thereof, or a change in any amendment to the Zon-
ing Ordinance which changes any property from one zone to another or
imposes any regulation listed in Section 65800 of Government Code of the
State of California, recommended by the Commission until the proposed
change has been referred to the Commission for a report, and a copy of
the report filed with the Council.
Section 124.21:, LIMITATIONS ON THE RENEWAL OR RE- FILING OF
APPLICATIONS: Where an application has been denied, no new application
for the same purpose shall be filed within six (6) months of the date
the previous denial became final unless the Commission, for good cause
shown, shall grant permission so to do.
Section 12 22: IRREGULARITY IN PUBLIC NOTICE OR PROCEDURE: Any
failure to give the Public Notices as required by this Ordinance or any
irregularity in connection therewith or any procedure as set forth in
this Ordinance shall not invalidate any proceedings provided that there
shall have been compliance with the minimum requirements of the State
Law.
Ordinance No. 90
PART 25
GENERAL PROVISIONS CONDITIONS AND LIMITATIONS
Section 125.0: FOREGOING REGULATIONS SUBJECT TO THIS PART: The
foregoing regulations pertaining to the several zones shall be subject
to the general provisions, conditions and limitations contained in this
Part.
Section 121: HEIGHT OF ROOF STRUCTURES: Penthouses or roof
structures for the housing of elevators, stairways, tanks ventilating
fans or similar equipment required to operate and maintain the build-
ing; fire or parapet walls, skylights, towers, roof signs, flagpoles,
chimneys, silos, hay barns in A -2 Zone, smokestacks, windmills, wire-
less masts, and similar structures may be erected above the height
limits by this Ordinance prescribed, but no penthouse or roof structure,
or any other space above the height limit prescribed for the zone in
which the building is located shall be allowed for the purpose of pro-
viding additional floor space.
Section 125.2: YARD REGULATIONS: Except as provided in this
Part, every required yard shall be open and unobstructed. No yard or
open space provided around any building for the purpose of complying
with the provisions of this Ordinance shall be considered as providing
a yard or open space for any other building, and no yard or open space
on any adjoining property shall be considered as providing a yard or
open space on a building site whereon a building is to be erected.
Section 125.)_ MODIFICATION OF SIDE YARD REQUIREMENT UN COMBINED
LOTS: When the common boundary line separating two (2) or more contig-
uous lots is covered by a building or permitted group of buildings, or
when the placement of a building or buildings with respect to such com-
mon boundary line or lines does not fully conform to the required yard
spaces on each side of such common boundary line or lines, such lots
shall consitute a single building site and the yard spaces as required
by this Ordinance shall then not apply to such common boundary line.
Section 12541 YARD REWIREMENTS WHEN MORE THAN UNE MAIN BUILDING
EXISTS: Where two or more buildings are, by definition of this Ordinance,
considered main buildings, then the front yard requirement shall apply
only to the building closest to the front lot line, but all other build-
ings shall conform to the requirements concerning placement of buildings
as contained in the zone in which the property is located.
Section 125,5' YARD REQUIREMENTS FOR PROPERTY ABUTTING FUTURE
STREET RIGHT-OF-WAY: A building or structure shall not be erected or
maintained on a lot which abuts a street having only a portion of its
required width dedicated and where no point of such dedication would
normally revert to said lot if the street were vacated, unless the yards
provided and maintained in connection with such building or structure
have a width or depth of that portion of the lot needed to complete the
road width plus the width or depth of the yards required on the lot by
this Ordinance, if any. This Section applies to all zones.
Where a precise plan or the master plan adopted pursuant to law
includes the plans for the widening of existing streets, the connecting
of existing street, or the establishment of new streets, the placement
of buildings and maintenance of front yards, where required by this
Ordinance, shall relate to the future street boundaries as determined by
said precise plans or said master plan.
This Section does not require a yard of such width or depth as to
reduce the buildable width of a corner lot to less than forty (40) feet.
Section 125,6: VISION CLEARANCE CORNER AND REVERSED CORNER LUIS:
All corner lots and reversed corner lots subject to yard requirements
shall maintain for safety vision purposes a triangular area one angle
of which shall be formed by the lot front and side lines separating the
lot from the streets, and the sides of such triangle forming the cor-
ner angle shall each be fifteen (15) feet in length, measured from the
Ordinance No. 90
aforementioned angle. The third side of said triangle shall be a straight
line connecting the last two mentioned points which are distant fifteen
(15) feet from the intersection of the front and side lot lines, and
within the area comprising said triangle no tree shall be allowed, nor
any fence, shrub or other physical obstruction higher than forty -two (42)
inches above the established grade shall be permitted.
Section 125.7: PERMITTED INTRUSIONS INTO REQUIRED YARDS: The
following intrusions may project into any required yards, but in no case
shall such intrusions extend more than two (2) feet into the required
front yard and shall not extend closer than thirty (30) inches from the
side yard property line.
A. Cornices, eaves, belt courses, sills, buttresses or
other similar architectural features.
B. Fireplace structures not wider than eight (8) feet
measured in the general direction of the wall of which
it is a part.
C. Stairways, balconies and fire escapes.
D. Uncovered porches and platforms which do not extend
above the floor level of the first floor.
E. Planting boxes or masonry planters not exceeding forty -
two (42) inches in height.
F. Guard railings for safety protection around ramps.
Section 125,8: WALL FENCE OR HEDGE MAY BE MAINTAINED: In any
"R" Zone a wall, fence or hedge, three (3 feet in height may be lo-
cated and maintained on any part of a lot. On an interior lot a wall,
fence or hedge not more than six (6) feet in height may be located any-
where on the lot to the rear of the required front yard setback line.
On corner lots and reverse corner lots a six (6) foot fence may be
located any where on the lot except in those areas comprising the re-
quired front yard or the required side yards on the side street of such
lots.
The provisions of this Section shall not apply to fences required
by State Law to surround and enclose public utility installations or to
chain link fences enclosing school grounds and public playgrounds.
Where a retaining wall protects a cut or fill and is located below
the natural grade, and is located on a line separating lots, such retain-
ing wall may be topped by a fence, wall or hedge of the same height that
would otherwise be permitted at the location if no retaining wall existed.
Where a retaining wall contains a fill, the height of the retaining
wall built to retain the fill shall be considered as contributing to the
permissible height of a fence, solid wall or hedge, provided that in any
event a protective fence or wall not more than forty -two (42) inches in
height may be erected at the top of retaining wall, and any portion of
such fence above the six (6) foot maximum height shall be an open work
fence. An open work fence means a fence in which the component solid
portions are evenly distributed and constitute not more than fifty (50)
percent of the total surface area of the face of the fence.
Section 12j IF ONLY ONE BUILDING UN A LOT UR BUILDING SITE IT
CONSTITUTES A MAIN BUILDING: Any building which is the only building on
a lot or building site is a main building unless authorized by a Variance,
or unless on the effective date of this Ordinance a garage building al-
ready existed on such lot or building sit.
Section 125.10: LOT AREA NUT TO BE REDUCED: No lot area shall be
so reduced or diminished that the lot area, yards or other open spaces,
shall be smaller than prescribed by this Ordinance nor shall the density
of population be increased in any manner except in conformity with the
regulations established by this Ordinance.
Ordinance No_ Q0
Section l 1: SUBSTANDARD LOTS PRIOR TO ADOPTION OF ORDINANCE:
When a lot has less than the minimum required area or width as set
forth in any of the zones contained herein, or in a precise plan, and
was of record on the effective date of this Ordinance, such lot shall
be deemed to have complied with the minimum required lot area or width
as set forth in any such zone or precise plan.
Section 125.12: DIVISION OF LOTS OR PARCELS CONTAINING MORE THAN
MINIMUM REQUIRED AREA: When any lot or parcel in any zone contains a
greater area than the required minimum lot area of the zone in which it
is located, then each unit of the required minimum area contained in
such lot or parcel may be utilized as a separate lot, provided that
all other requirements of the zone in which it is located are met, and
further provided that there has been compliance with the requirements
of the Subdivision Ordinance of this code and further provided that
each such resulting lot has frontage upon a dedicated public thorough-
fare.
Section 1213: TEMPORARY REAL ESTATE OFFICE AND BILLBOARDS:
One temporary real estate office and two (2) temporary real estate bill-
boards, each face not to exceed sixty (60) square feet in area, may be
located on any new subdivision in any zone; provided, that such office
and billboards shall be removed twelve (12) months from the date the
permit for the same is issued.
Section 125.14: TEMPORARY CONSTRUCTION BUILDINGS: Temporary
structures for the housing of tools and equipment or containing super-
visory offices in connection with major construction on major construc-
tion projects may be established and maintained during the progress of
such construction on such project, provided, such temporary structure
may not be maintained for a period exceeding one year.
Section 125.15: ACTS BY 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 125.16: NU CONFLICTING LICENSES Oh 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 con-
form to the provisions of this Ordinance. No such license or permit
for uses, buildings, or purposes where the same would be in conflict
with the provisions of this Ordinance shall be issued. Any such license
or permit, if issued in conflict with the provisions hereof shall be
null and void.
Ordinance No. 90
PART 26
BUILDING PERMIT, CERTIFICATE OF ZONING COMPLIANCE, STREET
DEDICATION AND REVIEW OF PLANS
Section 126.0: BUILDING PERMIT REQUIREMENT: 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 permit shall be in accord -
ancewith the requirements of this Ordinance and no building permit
shall be issued where such construction, addition or alteration or the
use thereof would fail to meet or be in violation of any provisions
and requirements of this Ordinance.
Section 126 1: CERTIFICATE OF ZONING COMPLIANCE: To assure
compliance with all the provisions of this Ordinance, a Certificate
of Zoning Compliance shall be obtained from the Planning Director
before:
A. A Building Permit may be issued by the Building Inspector.
B. A change in use of any improved or unimproved premises
may be made.
Section 126..2: NO CONFLICTING LICENSES OR PERMITS SHALL BE ISSUED:
All departments, officials and public employees vested with the duty or
authority to issue permits or licenses when required by law or any of
the provisions of this Code shall comply with the provisions of this
Ordinance. No such license or permit for uses, buildings or purposes
when the same would be in conflict with the provisions of this Ordinance
shall be issued. Any such license or permit, if issued in conflict with
the provisions of this Ordinance, shall be null and void.
Section 126.3 ENFORCEMENT: The Planning Director, or his duly
designated representative is hereby designated as the enforcing agent
of this Ordinance, and any amendments thereto. Any appeals from the
decision of the enforcing agent in the administration of this Ordinance
shall be made to the City Council and the decision of the City Council
in such matters shall be final and conclusive.
Section 1264 STREET DEDICATIONS AND IMPROVEMENTS REQUIRED: By
reason of the fact that changes will occur in the local neighborhoods
and the City generally due to the increase in vehicular traffic, in-
cluding trucking, increase in pedestrian traffic, increased noise,
and other activities associated with the City's development and growth,
and the following dedications and improvements are deemed to be necessary
to prevent congestion and other hazards that are related to the intensi-
fied use of the land, and these requirements must be met and complied with
before any building permit may be issued.
A. All required streets and alley, both local and highways,
which abut the subject property shall be dedicated or a
deed of dedication deposited in escrow with an escrow
agent acceptable to the City Attorney, the delivery of
which is conditioned upon the required permit being
granted, to the full width required by the Master Plan of
Streets and Highways or this Ordinance on the side of
the street, highway or alley abutting such property.
B. All street, highway and alley improvements shall have
either been installed or a performance bond in a reason-
able amount to be determined by the City Engineer, with
sureties to be approved by the City Attorney, shall have
been filed with the City Clerk, or cash in a like amount
shall have been deposited with the Finance Director to
be placed in a Trust Fund. Said improvements shall meet
the standards established by the City and shall include
curb, gutter, sidewalk, street and alley paving, street
trees, street signs, street lights, and all required
utilities.
Ordinance No. 90
C. The Planning Director shall not approve the issuance
of a building permit until the requirements of this
Section have been met.
Section 126.5: SAME, FILING COPIES OF PLAN: In addition to
meeting all the other requirements of this Code, any applicant for a
permit for a building or structure, including signs or outdoor adver-
tising structures in the Zones referred to in the preceding Section,
shall file with the Planning Department four (4) copies of a site plan
and two (2) copies of the Building plans of the proposed building or
structure. Provided, that only one (1) copy is required in the case
of signs and outdoor advertising structures.
Section 126.6: SAME. INFORMATION REQUIRED: The Site plan shall
be drawn to scale and shall indicate clearly and with full dimensioning
the following information:
A. Lot dimensions.
B. All buildings and structures; location, size, height,
proposed use.
C. Yards and space between buildings.
D. Walls and fences; location, height and materials.
E. Off- street parking; location, number of spaces and /or
dimensions of parking area, internal circulation
pattern.
F. Access - pedestrian, vehicular, service, points of in-
gress and egress.
G. Signs, location, size and height.
R. Loading, location, dimensions, number of spaces, internal
circulation.
I. Lighting, location and general nature, hooding devices.
J. Street dedications and improvements.
K. And such other data as may be required by the Planning
Director.
Ordinance No. 90
PART 27
INTERPRETATION - PURPOSE - CONFLICT - SEVERABILITY
Section 127.0: IN'TEhPRE'i'ATIUN: In interpreting and applying the
provisions of this Ordinance they shall be held to the minimum require-
ment for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by this Ordinance to interfere
with or abrogate or annul any easement, covenant or other agreement be-
tween parties. When this Ordinance imposes a greater restriction upon
the use of buildings or land, or upon the height of buildings, or requires
larger open spaces that are imposed or required by other provisions of
this Code, rules, regulations, or by easements, covenants, or agreements,
the provisions of this Ordinance shall control.
Section 127.1: CONSTITUTIONALITY OR INVALIDITY: If any section,
subsection, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining
portions of this Ordinance, it being hereby expressly declared that
this Ordinance, and each section, subsection, sentence, clause or
phrase hereof would have been prepared, proposed, adopted, approved and
ratified irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 127.2: RESTATEMENT. WHEN CONSTRUED AS: The provisions
of this Ordinance, insofar as they are substantially the same as exist-
ing Ordinance relating to the same subject matter, shall be construed
as restatements, and continuations and not as new enactments.
Section 127.3: REPEAL: All Ordinance or parts of Ordinances in
conflict herewith are repealed.
n,.ainnnnm )Jr an
PART 28
PENALTY
Section 128.0: VIOLATORS PUNISHABLE BY FINE AND IMPRISONMENT:
Any person, firm or corporation violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punishable, by a fine of not more than five
hundred (500.00) dollars or by imprisonment in the County or City
Jail for period of not more than six (6) months or both such fine and
imprisonment.
Section 128a1: EACH DAY A SEPARATE OFFENSE: Each person, firm
or corporation found guilty of a violation shall be deemed guilty of
a separate offense for every day during any portion of which any vio-
lation of any provisions of this Ordinance is committed, continued or
permitted by such person, firm or corporation, and shall be punishable
therefor as provided for in this Ordinance, and any use, occupation,
building or structure maintained contrary to the provisions hereof
shall constitute a public nuisance.
PASSED and ADOPTED by the following called vote of the City
Council at a regular meetingthereof held this 17th day of April, 1961.
AYES: 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and
Baroldi
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNC1L6MEN: None
ATTEST:
FRED D. BARBER, CITY CLEhK
_ j 'A)
t;,4c4/‹.) -
THOMAS A. BARULDI, MAYOR
Ordinance No. 90
1.49