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HomeMy WebLinkAbout32 - Zoning OrdinanceORDINANCB N0. 32 AN ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING LAND CLASSIFACATIONS IN DISTRICTS WITHIN THE INCORPOATED TERRITORY OF THE CITY OF COSTA MESA AND REGULATING THE USES OF PROPERTY THEREIN, ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN THIS ORDINANCE, PROVIDING FOP. THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT HEREOF, PRESCRIBING PENALTIES FOR VIOLATION HEREOF, AND REPEALING ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT AND IN CCKFLICT HEREWITH. The City Council of the City of Costa Mesa does ordain as follows! ARTICLE I PURPOSES The City Council of the City of Costa Mesas intending to create and establish a planning commission for the City with instructions to conduct studies for the purpose of adopting a comprehensive zoning ordinance for the City of Costa Mesa, and in order to protect the public safety, health and welfare, does hereby adopt a temporary interim zoning ordinance. This ordinance is adopted pursuant to the authority of the Conserva- tion and Planning Law of 1953• SECTION EDI INTERIM ZONING ORDINANCE. This ordinance shall be known and cited as the Interim Zoning Ordiance of the City of Costa Mesa,, ARTICLE II DEFINITIONS For the purposes of this ordinance, certain words and terms used herein are here- with defined. When not inconsistent with the context, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number. The word sshalls is always mandatory and not merely directory. The word "mays is permissive.. SECTION 2.1 ACCESSORY BUILDING. A subordinate building or portion of the main building or a detached subordinate building located on the same lot or building site, the use of which is customarily incident to that of the main building or to the use of the land. Where an accessory building is attached to the main building, fifty percent (50%) or more of the attached wall of the accessory building shall be an integral part of the main building or such accessory building shall be so attached to the main building in a substantial manner by a roof, and such attached accessory building shall comply in all respects with requirements of this ordinance applicable to a main building. A detached accessory building shall not be closer than six feet to a main building on the same lot or building site. SECTION 2.2 ACCESSORY USE,, A use customarily incident and accessory to the principal use of the land or building site, or a building or other structure located on ,1— the same building site or lot as the accessory use. SECTION 2.3 ALLEY. A public or private way not more than twenty (20) feet wide permanently reserved as a secondary means of access to abutting property. SECTION 2.4 APARTMENT HOUSE. Any building or portion thereof more than one (1) story in height which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the hose or residence of three (3) or more families living inde- pendently of each other and doing their cooking in the same building. SECTION 2.5 AUTOMOBIToE COURT. A building or group of two or more detached or semi -detached buildings containing guestrooms or apartments with automobile storage space provided in connection therewith, which building or. group is designed, intended or used primarily for the accomodation of automobile travelers; including groups desig- nated as auto cabins, motor lodges, motels and by similar designations. SECTION 2.6a BASEMENT. A story partly underground and having at least one half of its height, measured from its floor to its finished ceiling, above the average adjoining grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five (5) feet. SECTION 2.7 BUILDING. A structure having a roof supported by molumns or walls. SECTION 2.8 BUILDING HEIGHT. The vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the build- ing to the ceiling of the uppermost story. SECTION 2.9 BUILDING SITE. A parcel of land which abuts upon a street for a distance of at least fifteen (15) feet and which provides the ground area of a building or buildings, together with all open spaces as required by this ordinance. SECTION 2.10 BUNGALOW COURT. Three or more detached one-story one or two family dwellings located on a single building site or lot. SECTION 2.11 CLUB. An association of persons for some common purpose, but not including groups organized primarily to render service which is customarily carried on as a business. SECTION 2.12 CITY. The incorporated City of Costa Mesa. SECTION 2.13 CITY COUNCIL. The City Council of the City of Costa Mesa, SECTION 2.14 COMMERCIAL. Operatedor carried on primarily for financial gain. SECTION 2,15 DWELLING. A building or portion thereof designed -exclusively for_ residential occupancy, including one -family, two-family and multiple family dwellings, but not including hotels, boarding and lodging houses. SECTION 2.16 DWELLING, ONE -FAMILY. A building designed to be occupied or occu- pied by not more than one (1) family and their non-paying guests. — 7r SECTION 2.17 DWELLING, TWO-FAMILY. A building designed to be occupied or occu- pied by two (2) families living independently of each other, including their non-paying guests. SECTION 2.18 DWELLING GROUP. A combination or arrangement of dwellingsq whether detached or not, on one (1) building site. SECTION 2.19 DWELLING, MULTIPLE FAMILY. A building not more than one story in height designed to be occupied or occupied by three (3) or more families living independ- ently of each other, including their non --paying guests. SECTION 2.20 FAMILY. An individual living alone or two (2) or more persons related by blood or marriage, including domestic employees, or a group of not more than five (5) persons, other than domestic employees, who need not be related by blood or marriage, living together. SECTION 2.21 GARAGE, PRIVATE. A detached accessory building or portion of a main building for only the parking or temporary storage of automobiles of the occupants of the premises. SECTION 2.22 GUEST COTTAGE. A guest cottage is a building which occupies not more than 120 of the area of the lot on which it is situated and which is used exclus- ively for housing of members of the family occupying the main dwelling and their non-- paying guests, and which contains no kitchen facilities. The maximum area shall not exceed 1,000 square feet and shall comply with the general building height and yard regulations for main buildings. SECTION 2.23 HOSPITAL.. A building or portion thereof used for the accomodation of sick, injured or infirm persons, and shall include clinics, sanitariums, con- valescent and rest homes and boarding homes for children and aged persons. SECTION 2.24 HOTEL. Any building or portion thereof containing six (6) or more guest rooms used or intended or designed to be used, let or hired out to be occupied, or which are occupied by aix or more guests, whether the compensation for hire be paid directly or indirectly in money, goods, wares, merchandise, labor or otherwise, and including hotels, lodging and rooming houses, dormitories, turkish baths, bachelor hotels, studio hotels, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be occupied, except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under legal restraint. SECTION 2.25 KENNEL. Any lot, building, structure, enclosure or premises where four (4) or more dogs over the age of three (3) months are kept or maintained. -3- SECTION 2.26 LOT. Any area of land which constitutes a building site. SECTION 2.27 LOT, CORNER. A lot located at the junction of two (2) or more intersecting streets, with a boundary line thereof bordering on each of the streets, and having a width not greater than seventy-five (75) feet. lot. SECTION 2.28 LOT, INTERIOR. A lot which is not a 42orner lot" is an interior SECTION 2.29 LOT, THROUGH. An "interior lot" having frontage on two (2) parallel or approximately parallel streets. SECTION 2.30 ROOMING, BOARDING OR LODGING HOUSE. A building or portion thereof which is used to accomodate for compensation not more than five(5) boarders and/or roomers in addition to the members of the occupant's immediate family occupying such building. SECTION 2.31 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 porduced on the premises. SECTION 2.32 STORY. Any portion of a building included between the finished ceiling next above it, or the finished undersurface of the roof directly over that particular floor. SECTION 2.33 STREET. A public or private thoroughfare other than an alley which affords primary means of access to abutting property. SECTION 2.34 STRUCTURE. Anything constructed or erected which required location on the ground or attachment to something having a location on the ground, excepting fences and walls used as fences not more than six (6) feet in height and other improve- ments of a minor character. SECTION 2.35 STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, floor joists or roof joists. SECTION 2.36 YARD. An unoccupied space on a lot on which a building is situated and, except where otherwise provided in this ordinance, open and unobstructed from the ground to the sky. SECTION 2.37 YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and measured between the front line of the lo.t.and either: a. The neareast line of the main building, or b. The nearest line of any enclosed or covered porch. SECTION 2.38 YARD, REAR. A yard extending across the full width of the lot -4- and measured between the rear line of the lot and the rear line of the main building nearest said rear line -of the lot. s SECTION 2.39 YARD, SIDE. A yard on each side of the building between the build— ing and the side line of the lot and extending from the street line of the lot to the rear yard. ARTICLE III DISTRICT AND MAP SECTION 3.1 ESTABLISHING DISTRICTS: In order to classify, regulate, restrict and segregate the uses of land and buldings, to regulate and restrict the height and bulk of buildings* and to regulate the area of yards, courts and other open spaces about buildings, the incorporated territory of the City of Costa Mesa, including any land hereafter annexed to said City, is hereby divided into six districts as follows: R1 Single family residence District R2 Group dwelling District R4 Suburban Residential District 01 Local Business District 02 General Business District M1 Light Industrial District SECTION 3.2 DISTRICT 1.'AP. Each said several districts are hereby established and the boundaries of said districts, and each of them, are shown upon the district map of Costa Mesa attached hereto and made a part hereof and hereby referred to for a partic- ular description of said districts, and each of them. Said district map shall become a part of this ordinance. Said map and all notations, references and other information shown thereon shall hereafter be as much a part of this ordinance as if the matters and information set forth by said map were fully described herein. SECTION 3.3 NEWLY ANNEXED TERRITORY. All land or territory hereafter annexed to the City of Costa Mesa is hereby established and declared to be classified as said land or territory is classified by the County of Orange as of the date of the annexation to the City, provided, however, that in the event such annexed territory is classified by the County of Orange in a District not existing in the City of Costa Mesa, such territory shall upon annexation be classified as part of the R4 District, except that the territory proposed to be annexed and known as "Republic No. 111, now pending, shall, if annexed to the City, be zoned as shown on the District Map of the City. SECTION 3.4 UNCERTAINTY AS TO BOUNDARIES. Where uncertainty exists as to the boundaries of any district on said district map, 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 unsubdivided property and where a district boundary divides a lot, the locations of such boundaries, unless the same are indicated by dimensions, shall be determined by the use of the scale appearing upon such district map. c. In case any uncertainty exists, the Planning Commission shall determine the location of boundaries. d. In the event a dedicated street or alley shown on the district map is vacated by ordinance, the property formerly in said street or alley shall be included within the district of adjoing property on either side of said vacated street or alley; and in the event said street or alley was a district boundary between two or more different districts, the new district boundary shall be the former center line of said vacated street or alley. r SECTION 3.5 LIMITATIONS ON USE OF LAND AND BUILDINGS. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose other than as permitted by and in conformance with the provisions of this ordinance or amendments thereto. ARTICLE IV R1 SINGLE FAMILY RESIDENCE DISTRICT SECTION 4.1 USES PERMITTM;i). A._ Flower and vegetable gardening, and family orchards. B. Nurseries and greenhouses used only for purposes of propagation and culture and not for retail salesi c. Public parks. d. One family dwellings of a permanent character placed in permanent locations. e4 One (1) unlighted sign not exceeding six (6) square feet in area pertaining only to the sale] lease or hire of only the particular building, property or premises upon which displayedk No other advertising signs, structures or devises of any character shall be permitted in any R1 district* f. The following additional uses, subject to the issuance of a variance permit therefor, as prescribed in Article Xi: (1) residential hotels. NPublic utility buildings and structures. Ohurches, museums and libraries. (4) Schools, colleges, public playgrounds and athletic fields* SECTION 4.2 BUILDING HEIGHT LIMIT. Two (2) stories and not to exceed thirty-- five (35) feet, except as provided in Article X. SECTION 4.3 BUILDING SITE AR.lA REQUIRED. The minimum building site area for each one—family dwelling shall be six thousand (6000) square feet. SECTION 4.4 YARDS REQUIRED. A. Front Yards. No buildings shall be erected closer than fifty (50) feet to the center line of the street or highway upon which the building site fronts. .B. Side Yards. Each side yard shall be not less than five (5) feet wide. C. Rear Yards. The depth of the rear yard shall be not less than twenty—five (25) feet. I"; ARTICLE 9 R2 GROUP DWELLINGS DISTRICT SECTION 5.1 USES PERMITTED; A. All uses permitted in the R1 Districtl. B. Two family dwellings. Co. Dwelling groups; bungalow courts and multiple family dwellings+, D.. Schools, colleges,.charches,.libraries and museums., SECTION 5.2 BUILDING HEIGHT LIMIT., Two (2) stories and not to exceed thirty- five (35) feet.. SECTION 5.3 BUILDING SITE AREA. REQUIRED.. The minimum building site area for the R2 District shall be six thousand (6000) square feet and no two family dwelling, bung— alow court] dwelling group or multiple family dwelling shall be permitted which provide less than one thousand (1000) square feet of land area per family or housekeeping unit,. SECTION 5.4 YARDS REQUIREDt. A•1 front Yards.. Same as R1 District.. B.. Side Yards. Each side yard shall have a minimum width of five (5) feet and such side yard shall be increased by two and one—half (22) feet for each dwelling or family unit in excess of two (2) served by such side yard, but in no case to exceed.ten (10) feet.. C. Rear Yards. Same as R1 District. SECTION 5..5 DISTANCE BETWEEN DWELLINGS 0I1 SAME LOT., No dwelling or other main building one (1) story in height shall be closer than ten (10) feet to any other dwell— ing or main building of equal height and no dwelling or other main building two (2) stories in height shall be closer than fifteen (15) feet to any other dwelling or main building. =9 ARTICLE VI R4 SUBURBAN RESIDENTIAL DISTRICT SECTION 6.1 USES PM ITTED. A. One family dwellings, two family dwellings, dwelling groups, bungalow courts, multiple family dwellings, apartment houses, boarding, lodging, fraternity or sorority houseso all of a permanent character placed in permanent locations. B. Flower and vegetable g gardening, and family orchards. C. Nurseries and greenhouses used only for purposes of propagation and culture C � and not for retail sales. {� °K D. Public parks. E. One sign unlighted and not exceeding six (6) square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises '"�► upon which displayed. No other advertising signs, structures or devices of any character h 1� shall be permitted in this district. SECTION 6.2 USES PERMITTED SUBJECT TO FIRST SECURING A VARIANCE PM1IT THEREFOR AS PROVIDED IN ARTICLE XI. A. Residential hotels and apartment hotels. B. Public utility buildings and structures. C. Churches, museums and libraries. D. Schools, colleges, public parade grounds and athletic fields. SECTION 6.3 BUILDING HEIGHT LIKAIT. Two (2) stories and not to exceed thirty— five (35) feet. SECTION 6.4 BUILDIPTG SITE AREA RINUIRED. The minimum building site area shall be six thousand (6000) square feet and the minimum frontage shall be fifty (50) feet, and no two family dwelling, bungalow court, dwelling group, multiple family dwelling or apartment house shall be permitted which provides less than three thousand (3000) squarF feet of land area for family or housekeeping unit. SECTION 6.5 YARDS REQUIRED. A. Front Yards. No building shall be erected closer than fifty (50) feet to the center line of the street or highway upon which the building line fronta% B. Side Yards. Each side yard shall have a minimum width of five (5) feet. C. Rear Yards. The depth of the rear yard shall be not less than twenty—five (25) feet. SECTION 6.6 DISTANCE BETWEEN DWELLINGS OPT SAI,,E BUILDING SITE. No dwelling or other main building one story in height shall be closer than ten (10) feet to any other dwelling or main building of equal or pgreater height, and no dwelling or main building two stories in height shall be closer than fifteen (15) feet to any other dwelling or main building. —10— ARTICLE VII C1 LOCAL BUSINESS DISTRICT SECTIO1' 7.1 USES PERI,.ITTED. A. All uses permitted in the Rl, R2, and R3 Districtso B. Any retail business or commercial advertising structure, including Qrc� 5.2- Hotels Automobile display room, parking lot Job printing or storage garage. Lodge hall Automobile service station, provided Millinery no gasoline or oil in excess of 50 Offices gallons is stored in tanks or con Photograph galleries tainers above the ground. Pool—rooms Banks Shoe repair Barber shop Studios Beauty shop or parlor Theatres Business college Upholstering or tailor shop Dressmaking Utility office Exchange or sub --station and police and fire station. C• Any other business or commercial enterprise which is determined by resolution of the City Council after recommendation by the Planning Commission to be similar in character and not more detrimental to, the welfare of the neighborhood in which lovated than any use listed above, but not including any of the following types of uses: Amusement resorts Auto laundries Automobile repair garages Auto wrecking yards Bakeries Bowling alleys Cleaning and dying plants Fender and body repair shops Junk yards laundries Milk or beverage bottling and/or distributing Storage warehouses Undertaking or mortuary parlor Veterinary hospitals SECTION 7.2 BUILDING HEIGHT LIMIT. Two (2) stories and not to exceed thirty—five (35) feet; SECTION 7;,3 BUILDING SITE REQUIRED. The minimum building site for dwelling pur— poses shall be seventy,-t*io hundred (7200) square feet with a minimum street frontage of sixty (60) feet. SECTION 7-4 YARDS REQUIRED. A. Front Yards. No buildings shall be erected closer than fifty (50) feet to the center line of the street or highway upon which the building site fronts. B. Side Yards. None, except that buildings used solely for dwelling purposes shall not be closer than five (5) feet to the side lines of the lot. C, Rear Yards. The depth of the rear yard shall not be less than twenty-five (25) feet. ARTICLE VIII 02 GENERAL BUSINESS DISTRICT SECTION 8.1 USES PERMITTED. A. All uses permitted in the R1, R2, R4, and 01 Districts# B. Any business of a retail or wholesale type including the following typest Amusement resorts Laundries Auto laundries Newspaper printing Automobile repair garages Storage warehouses Bakeries Undertaking or mortuary parlors -- Bowling alleys Cleaning and dyeing plants Fender and body repair shops C. Dancing in connection with a cafe provided the area of the dance floor does not accomodate more persons than the seating capacity of such cafe. D. Any light manufacturing using electric power not in excess of an aggregate of five (5) horsepower. E,6 Any other business or commercial enterprise which is determined by resolution of the City Council after recommendation by the Planning Commission to be similar in character and not more detrimental to the welfare of the neighborhood in which located than any use listed above;, SECTION 8►2 BUILDING F.EIGHT LIMIT.. The maximum building height shall not exceed the width of the street, or the widest street, upon which the building faces, except when otherwise approved by the Planning Commission. SECTION 8.3 BUILDING SITE REQUIRED, The minimum building site for dwelling pur— poses shall be seventy two hundred (7200) square feet, with a minimum street frontage of sixty (60) feet. SECTION 8.4 YARDS REQUIRED. A. Front Yards. Same as 01 District_. B. Side Yards. Same as 01 District, C. Rear Yards. Same as 01 District. —12— ARTICLE IX M1 LIGHT INDUSTRIAL DISTRICT SECTION 9.1 USES PERMITTED, A. Alluses permitted in the Rl, R2, R40 01 and C2 Districts. B. Retail and wholesale stores or storage, including light industrial and manufacturing uses, including blacksmith shop, boat building, cabinet shop.or carpenter shop, candy factory, ceramics manufacture, concrete pipe and brick manufacture# furniture manufacture, grinding of chili and spices, lumber yard, machine shop, monumental stone works, planing mill, stone cutting, tire recapping; toy manufacture, welding shop, and any other uses which in the opinion of the Planning Commission are of similar nature. SECTION 9;2 USES PERMITTED SUBJECT TO THE ISSUANCE OF A VARIANCE PER1gIT. A. Signs, other than those appurtenant to any permitted use, including billboardst SECTION 90 USPS PR.OHIBITE , A. Industrial or manufacturing uses which in the opinion of the Planning Commission may be objectionable by reason 0 production of offensive odor, dust] noise, bright light, vibration] or involving the Storage of explosive or dangerous materials, including all uses listed hereunder: Abbattoir Blast, cupola or metal furnace Boiler shops Coke ovens Dehydrators Distillation of bone Dog and cat food factory Fat rendering Fish cannery Garbage, offal or dead animal disposal or reduction Gasoline or oil storage above ground over 2500 barrels on any one lot or parcel Incineration, reduction or dumping of offal, garbage or refuse Junk yard Oil refinery Oil salvage enterprises Petroleum refining Radium extraction Ranches for feeding of gar— bage to animals; Rock crushing Rock, sand and gravel storage Rolling mill Salt works Salvage enterprises or auto wrecking yards Sand blasting Soap works Smelting Storage or baling of bottles, junk, old iron; rags, rubber, or scrap paper Sugar refining —13— Tannery Wood distillation Wool pulling or scouring Manufacture of: Acetylene gas Acid and ammonia Asbestos Asphalt or products Babbit metal Bleaching powder and Bronze powder Carbon, lampblack or graphite Celluloid Cement, lime, gypsum Coal tar or products Creosote or products Disinfectant Emery cloth or sandpaper Explosives, or their storage Fertilizer Gas Glucose, Glue or size Lime or products Linoleum Matches Oil cloth Oil drilling Paint, oil or shellac Poison Potash Printing ink Pulp or paper Rubber Starch Sulphuric acid Tar or asphalt roofing Turpentine Vinegar and Yeast SECTION 9.4 BUILDING HEIGHT USE LIMIT. None SECTION 9.5 BUILDING SITE REQUIRED, A. The minimum building site for dwelling purposes shall be ten thousand (10,000) square feet. SECTION 9.6 YARDS REQUIRED. A. Front Yard. Same as 01 District• B. Side Yard. Same as 01 District► C. Rear Yard. Same as 01 District. ARTICLE X GENERAL PROVISIONS AND EXCEPTIONS THE FOREGOING REGULATIONS SHALL BE SUBJECT TO THE FOLLOWING EXCEPTIONS: SECTION 10.1 USES. A. The following accessory uses, in addition to those hereinbefore mentioned, shall be permitted in any district, provided that such accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective districts. (1) The renting of rooms and/or the providing of table board for not to exceed five (5) paying guests in a dwelling, (2) Recreation, refreshment and service buildings in public parks, play- grounds and golf courses. (3) Real estate offices of a temporary character only for the first sale of lots of the subdivision in which located and for a period of time not exceeding one year, when built according to plans and in locations approved by the Planning Commission, B. Temporary advertising signs shall be permitted as accessory structures to any permitted temporary real estate office or temporary stand upon the following conditions, (1) The signs pertain only to the business of such temporary office or stand, (2) The number of signs displayed shall not exceed four (4) in number. (3) The total aggregate area of such signs shall not exceed 100 square feet. (4) The owner remove such signs at his expense at the time of removal.of the temporary stand or office, or within one year, whichever first occurs. (5) The signs not to be located within any public highway right of way. SECTIOIT 10.2 HEIGHT A. Towers, gables, spires, scenery lofts, cupolas, water tanks, silos, arti— ficial windbreaks, wird mills and similar structures and necessary mechanical appur— tenances may be built not higher above the street than twice the building height limit established for the district in which such structures are located, provided that no such structure in excess of the district building height limit shall be used for sleep— ing or eating quarters or for any commercial purpose other than such as may be incident— al to the permitted uses of the main building. B. Where the average slope of the lot on the downhill side of a street is greater than one (1) foot fall in four (4) feet of horizontal distance from the established -14- street elevation at the front property line an additional story will be permitted on the downhill side of any permitted main bxilding which is on the downhill side of the street upon which the building site fronts. SECTION 10.3 AR. ESCFFTIGNS. A• Any lot for which a deed was on record in the office of the County Recorder of Orange Cou_zty or for which a valid contract of sale was in full force and effect on the date of the adoption of this Ordinance, or any lot shown with a separate and distinct number or letter on a subdivision tract map recorded on or before the adoption of this Ordinance with the County Recorder of Orange County may be used as a building site. B. In any district where a front yard line is shown upon the district map, no building or structure, except permitted temorary real estate offices and stands, to— gether with permitted accessory signs, shall be placed closer to the right of way line of the street or highway than the distance indicated by or upon said front yard line. C• On City streets and private streets eighty (80) feet or more in width, when no front yard line has been established as provided in B above, the front yard shall be not less than twenty (26) feet or one fifth (115) of the width of such City street or private street, whichever is the greater, provided, however, that the maximum front yard required under this provision shall not exceed thirty (30) feet. D. Front yard required on City streets which are included in the Federal Aid Secondary Highway System. Except as provided in paragraphs B, F and G of this Section, no building or structure shall be erected closer than sixty (60) feet to the center line of any City street included in the Federal Aid Secondary Highway System. E. Front Yard required on State Highways. Except as provided in paragraphs B, F and G of this Section, no building or structure shall be erected closer than seventy (70) feet to the center line of any State Highway upon which the building site fronts; provided further, that on State Highways more than 100 feet in width the front yard steal] not be less than one fifth (115) of the width of such State Highway but not exceedinik thirty (30) feet. F. Attached private garages in R1, R2 and R4 Districts where the average slope of the front half of the lot is greater than one (1) foot rise or fall in four (4) feet of horizontal distance from the established street elevation at the property line, or where the average elevation of the front half of the lot is more than six (6) feet above or below the established street elevation at the front property line, may be built to within five (5) feet of the street line and to the side line of the lot, provided however, that when the entrance and exit of such garage are not from the street, it may be built to the street line; but in no event under this provision shall such garage be —15- J06- O O built nearer than fifty (50) feet to the center line of any State Highway or nearer than forty (40) feet to the center line of any City street included in the Federal Aid Secondary Highway System, G. Detached accessory buildings in Districts R1, R2 and R4 shall conform to the following regulations as to their locations upon the lot, provided however, that where the average slope of the front half of the lot is greater than one (1) foot rise or fall in four (4) feet of horizontal distance from the established street elevation at the front property line, or where the average elevation of the front half of the lot is more than six (6) feet above or below the established street elevation at the property line, a detached private garage may be built to within five (5) feet of the street line and to the side line of the lot, provided, how- ever, that when the entrance and exit of such garage are not from the street it may be built to the street line; but in no event under this provision shall such garage be built nearer than fifty (50) feet to the center line of any State Highway or nearer than forty (40) feet to the center line of any City street included in the Federal Aid Secondary Highway System. (1) In the case of an interior lot abutting upon one street, no de— tached accessory building shall be erected, altered or moved so as to encroach upon the front half of the lot. +16- 0 (2) In the case of an interior lot abutting upon two or more streets, no detached accessory building shall be erected, altered or moved so as to encroach upon the one quarter (4) of the lot nearest either street. (3) In the case of a corner lot abutting upon two (2) streets, no detached accessory building shall be erected, altered or moved so as to encroach upon the area between such respective streets and lines drawn parallel to such streets respectively in such manner that each of such lines divides the lot into two (2) equal areas; provided however, that under this provision a detached private garage on a corner lot, the rear line of which is common to part of the side line of an adjoining lot, need not set back farther than the required exterior side yard of the main building if such garage complies with the rear yard required for said building. Provided further that where two (2) corner lots have a common rear line a detached private garage on such lots need not be set back farther than the required exterior side yard of tPB main building and may be not closer than three (3) feet to the rear line of such lots. In no event under this provision shall a detached- private garage be required to set back more than twenty (20) feet from the exterior side line of the corner lot. (4) In case of a corner lot abutting on more than two (2) streets, no detached accessory building shall be erected, altered or moved so as to be nearer any street line than one fifth (115) of the width or length of the lot, whichever is the greater; provided, however, that under this provision a detached private garage on a corner lot, the rear line of which lot is common to part of the side line of an adjoining lot, need not be set back father than the required exterior side yard of the main building if such garage complies with the rear yard required for said building. Provided further that where two (2) corner lots have a common rear line a detached private garage on such lots need not set back farther than the required exterior side yard of the main build.- ing and may be not closer than three (3) feet to the rear line of such lots. In no event under this provision shall a detached private garage be required to set back more than twenty (20) feet from the exterior side line of the corner lot. (5) No detached accessory building shall be erected, altered or moved so as to be within five (5) feet of the side line of the front half or the front seventy—five (75) feet, whichever is the least, of an adjacent building site, except as otherwise provided by provisions of this paragraph numbered G.. -17- G s� (6) Notwithstanding the requirements of subdivisions (1), (2), (3), (4) and (5) next above, no detached private garage shall be required to be set back farther from the front line of a lot than the rear line of that portion of the main building nearest such garage and on the same lot, provided such main build- ing confroms witn the required front yard regulation, nor shall any detached accessory building be required to set back more than seventy -fine (75) feet from any street bounding the lot; and provided further that under this subdivie sion and said subdivisions (1)1 (2), (3), (4) and (5) no detached private garage or detached accessory building shall be permitted closer than six (6) feet to any main building on the same lot or on an adjacent lot. H. In computing the depth of a rear yard from any building where such yard, opens on a street, alley, public park or beach, one half (2) of the width of such street, alley, park or beach may be deemed to be a portion of the rear yard, except that under this provision no rear yard shall be less than fifteen (15) feet. I, A detached accessory building may occupy not more than fifty (50) per cent of the area of a rear yard. J. Porches, terraces and outside stairways, unroofed, unenclosed, above and below floor, or steps, may project not more than three (3) feet into any required side yard or the yard required between buildings on the same building site and not more than five (5) feet into any required rear and front yard, but in no event under this provision shall such porches, terraces, outside stairways or steps be closer than two (2) feet to the side lines ci, three (3) feet to the front or rear lines of the building site. K- Eaves, cornices or canopies may project not more than two (2) feet into any required side yard or the yard required between buildings on the same building site and not more than five (5) feet into any required from or rear yard, but in no event under this provision shall such eaves, cornices or canopies be closer than two (2) feet to any side, front or rear line of the building site. L. Masonry chimneys and fireplaces may project not more than eighteen (18) inches into any required front, rear or side yard, but in no event under this pro- vision .shall s»ch chimneys or fireplaces be _closer than three (3)_ feet 10 any ide line of the building site. M. Off-street parking or arages. Off-streetparking or garages shall be provided on the premises in the following manner: (1) In every district where a building is erected for living purposes, iN there shall be provided and'aaintained on the premises one usable automobile parking space not smaller than ten (10) feet by twenty (20) feet for each family unit or apartment, provided, however, that such automobile parking space capacity for hotels need not exceed one half (2) the number of guest rooms. (2) Each commercial use, unless otherwise provided, shall provide and maintain one usable automobile parking space on the premises or at locations approved by the Planning Commission for each three hundred fifty (350) square feet of floor space used for commercial purposes. (3) Each church, restaurant, auditorium, theater, sporting or athletic arena and other similar uses where people congregate shall provide and maintain on the premises or at locations approved by the Planning Commission automobile parking space at the ratio of one usable automobile parking space for each three (3) persons such enterprise or use can accommodate. (4) Each industrial enterprise shall provide and maintain on the premises or at locations approved by the Planning Commission one usable automobile parking space for each three (3) persons employed. If retail sales are made on the premises, an additional amount of parking space shall be provided and main— tained aim tained on the premises or at locations approved by the Planning Commission equal to one usable automobile parking space for each three hundred fifty (350) square feet of floor space used for such retail sales. (5) In the event the premises are within the boundaries of an off—street vehicle parking district, the property shall receive credit for the parking provided by the vehicle parking district in accordance with any formula which may be set up by the parking district commissioners, if any, and, if not, by the City Council. N. In any district where a rear yard line is shown upon the district map, no building or structure, except detached accessory buildings and structures permitted in a rear yard, shall be placed closer to the rear line of the building site than the distance indicated by or upon such rear yard line. 0. In any district where the side yards are shown upon the district map to be different than set forth in the regulations of such district, the side yards as shown Upon such map shall govern. P. Except as otherwise provided in paragraphs numbered B., C., D. and E. of this section, in case of a building site which has an average depth of less than one -19- hundred twenty (120) feet but not less than eighty-one (81) feet, the required front yard need not be more than twenty (20) per cent of such average depth; and where the average depth of a building site is less than eighty-one (81) feet the required front yard need not be more than fourteen (14) per cent of such average depth, but in no event less than five (5) feet under this provision. Provided, however, that under this provision the front yard of a building site shall not be less than the required front yard of another building site adjoining the side of said building site. Qt Except as otherwise provided in paragraph numbered N. of this section, in the case of a building site which has an average depth of less than one hundred twenty (120) feet, but not less than eighty-one (81) feet, the required rear yard need not be more than twenty (20) per cent of such average depth; and where the average depth of a building site is less than eight; one (81) feet, the required rear yard need not be more than fourteen (14) per cent of such average depth, but in no event less than five (5) feet under this provision. R. Except as otherwise provided in paragraph numbered •. of this section, in the case of a building site which has an average width of less than fifty (50) feet, the required width of each side yard need not be more than ten (10) per cent of such average width, but in no event less than three (3) feet under this provision. Provided further, this provision shall not apply to the exterior side yard of a corner lot. S. Where lots on the same side of the street and in the same block comprising fifty (50) per cent or more of the frontage are developed with buildings having front yards with a variation of not more than ten (10) feet in depth, the required front yards for the lots in such block and on the same side of the street need not be more than the average of the front yards of such buildings. Provided, however, that in determining such front yard depth, buildings located entirely on the rear one half of the lot shall not be counted. Provided further, that under this provision, the front yard shall not be less than established under the provisions of paragraphs numbered B., C., D. and E. of this section. T. ?Where a building site is situated between two building sites, each of which has a main building within forty (40) feet of said building site which projects into the established front yard, the front yard required on said building site need not be more than the average of the front yards of such existing buildings. Provided, however, that under this provision, a front yard shall not be less than established under the provisions of paragraphs numbered B., C., D. and E. of this section. U. Where a building site adjoins and has a side line common to a lot which has --20-- a main building within forty (40) feet of said common side line which projects into the established front yard and a vacant lot adjoins the building site on the other side, the front yard of said building site need not be more than the average of the front yard of such existing buildings and the established front yard. Provided, however, that under this provision a front yard shall not be less than established under the provisions of paragraphs numbered B., C., D. and E. of this section. Ve An existing main building or structure conforming as to use but which does not conform to the height, yard or building site area regulations of the district in which it is located may be altered, added to or enlarged, provided such alteration, addition or enlargement complies with such district regulations and the size of the building as altered or enlarged does not exceed the size permitted by said height, yard and building site area regulations. W. Fences, walls used as fences, lattice -work screens, hedges or thick growths of shrubs or trees, other than wind breaks for the protection of orchards or crops and open mesh type wire fences, shall conform to the following provisions. (1) Not to be more than four (4) feet in height in the required frmnt yard of any lot. (2) Not to be more than four (4) feet in height in the required exterior side yard of a corner lot. (3) Not to be more than four (4) feet in height in the part of the re- quired side yard of any lot which side yard abuts the front yard of such lot. (4) Not to be more than four (4) feet in height in the part of the rear yard of a corner lot wherein no detached accessory building is permitted. (5) Not to be more than four (4) feet in height in the rear yard of any through lot. (6) Not to be more than six (6) feet in height in all other cases. SECTION10.4 NONCONFORMING USES. A. The lawful use of land existing at the time this ordinance or amendments thereto take effect, although such use does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued for a period of one (1) year, any future use of said land shall be in conformity with the provisions of this ordinance. B. The lawful use of a building existing at the time this ordinance or amend- ments thereto take effect may be continued, although such use does not conform with the provisions hereof, and such use may be eZtended throughout the building, provided -21- no structural alterations, except those required by law or ordinance or permitted under Artic16 XL of this ordinance are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. C. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this ordinance for the district in which such building or _;remises is located shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted under the regula- tions specified by this ordinance for such district in which said building is located; provided, however, that work done in any period of twelve (12) months on ordinary structural alterations or replacement of walls., fixtures or plumbing not exceeding twenty five (25) per cent of the assessed value of the building according to the assess- ment thereof by the Assessor of the County for the fiscal year in which such work is done shall be permitted, provided that the cubical contents of the building asit existed at the time this ordinance or amendments thereto take effect be not increased. D. If at any time any building in existence or maintained at the time this ordinance or amendments thereto take effect which does not conform to the regulations for the district in which it is located shall be destroyed by fire, explosion, act of God or act of the public enemZj to the extent of more than seventy five (75) per cent of the assessed value thereof, according to the assessment thereof by the said Assessor for the fiscal year during; which such destruction occurs, then, and without further action by the City Council, the said building and the land on which said build- ing was located or maintained shall from and after the date of such destruction be subject to all the regulations specified by this ordinance for the district in which such land and building are located. E. Notwithstanding any of the foregoing provisions of this section to the contrary, no outdoor advertising sign or outdoor advertising structure which,, at the time this ordinance or amendments thereto take effect_, exists as a nonconforming use in any district shall continue as herein provided for nonconforming uses, but every such sign or structure shall be removed or changed to a use permitted in the respective district within a period of five (5) years from and after the time such sign or struct- ure becomes.a nonconforming use. For the purpose of this provision, outdoor adver- tising sign and outdoor advertising structure are defined as follows (1) Outdoor advertising sign is any card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising purposes on or X22-- to the ground or any tree, wall, bush, rock, fences building, structure or thing, either privately or publicly owned, other than an outdoor advertising structure; but not including the following: (a) Official notices issued by any court or public body or officer. (b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice. (c) Directional, warning or information signs or structures required by or authorized by law or by Federal, State, County of City authority. (d) The placing, erecting, constructing or maintaining of advertis- ing displays exclusively pertaining to the business of the person placing the advertising display on his place of business or within 100 feet thereof and on the same side of the street or highway on which such busi- ness is located. (2) Outdoor advertising structure is 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 whatsoever may be placed, including statuary, for advertising purposes; but not including the following: (a) Official notices issued by any court or public body or officer. (b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice. (c) Directional, warning or information structures required by or authorized by law or by Federal, State, County or City authority. (d) The placing, erecting, constructing or maintaining of advertis- ing displays exclusively pertaining to the business of the person placing the advertising display on his place of business or within 100 feet thereof and on the same side of the street or highway on which such business is located. F. The foregoing provisions of this section shall also apply to nonconform- ing uses and buildings which are made such by any future reclassification of the district in which the particular use or building is located. G. In every case, under the provisions of any ordinance of the City of Costa Mesa, or any statute in effect at the time this ordinance takes effect, a license or permit is required for the maintenance of any structure, or the establishment, main- taining or conducting of any use, and any such structure or use exists as a noncon- -23- O cAL forming use under the provisions of this section, then no such license or permit shall be authorized, issued, renewed, reissued or extended for such use, unless and until a use and occupancy permit shall first have been secured for the continued maintenance of said structuee or use! —24— O ARTICLE XI PERMITS AND VARIANCES Ai, -.'D CERTIFICATES OF USE AND OCCUPANCY The following regulations shall apply to the granting of variances, permits and certificates of use and occ_rgancy. SECTION 17.1 INITIATIO1 OF PROC^EDINGS. Where practical difficulties,unneces- sary hardships and results inconsistent with the general purpose of this ordinance may result from the strict application of certain provisions thereof, variance may be granted as provided in Sections11.2 to 1 1 6, both inclusive. SECTION11.2 APPLICATION FOR VARIANCE. A. Application for variance shall be made by the property owner in writing on a form prescribed by the Planning Commission and shall be accompanied by a fee of Twenty Five ($25.00) Dollars and statement, plans and evidence showing: (1) That there are special circumstances or conditions applicable to the property referred to in the application. (2) That the granting of the application is necessary for the preser- vation and enjoyment of substantial property rights. (3) That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. SECTION11.3 PUBLIC HEARING. A. Upon receipt in proper form of any such application, the Planning Commis- sion may, if it deems necessary, hold a public hearing thereon. In the event the Commission deems a public hearing necessary, notice of time and place of the hearing shall be published once in a newspaper of general circulation in the City at least seven (7) days before the day of such hearing. SECTION 1].4- ACTION BY PLAITNING C01,11ISSION A. If the Planning Commission finds that the above three conditions exist and that material detriment or injury to the neighborhood will not result from issu- ance ssuance of any Variance Permit, it may recommend the application for approval and trans- mit the same, together with the complete report of its findings and recommendations, to the City Council for final action. B. In approving and recommending any such application under the provisions of this section, the Planning Commission may recommend such conditions in connection therewith as will in its opinion secure substantially the objectives of the regula- ..L 5- tion or provision to which variance or adjustment is requested and will provide adequately for the maintenance of the integrity and character of the district in which located. SECTION 11f ACTION BY CITY COUNCIL. A. The City Council shall consider the application for variance within thirty (30) days after receipt of the Planning Commission report. B. If at any time prior to final action on any such application by the City Council a protest against such application is presented, duly signed arrl acknowledged by the owners of forty (40) per cent of the owners of all dwellings within three hundred (300) feet thereof or by the owners of forty (40) per cent of all land adjaceni- thereto and within three hundred (300) feet thereof, no such permit shall be issued therefor except upon authorization by the City Council passed by a four fifths (4/5) vote of the full membership of said Council. C. In the event the Planning Commission fails to recommend for approval any such application, no such permit shall be issued therefor except upon authorization by the City Council passed by a four fifths (4/5) vote of the full membership of said Council. D. when deemed necessary, the City Council may require guarantees in such form as it may deem proper under the circumstances to insure that the conditions designated in connection therewith are being or will be complied with. E. If the City Council finds that the qualifications under SectionlL 2 A. apply to the land, building or use for which variance is sought and that such variance is in harmony with the general purpose of this ordinance, said City Council shall by resolution grant such variance. SECTION 13.6 APPEALS. A. The Planning Commission shall have the power to hear and decide appeals based upon the enforcement or interpretation of the provisions of this ordinance. B. In case an applicant is not satisfied with the action of the Planning Commission: on his appeal, he may within fifteen (15) days appeal in writing to the City Council. C. Notice shall be given to the Planning Commission of such appeal and a report shall be submitted by the Planning Commission to the City Council setting forth the reasons for action taken by the Commission or shall be presented at the Council meeting. D. The City Council shall render its decision within thirty (30) days after -26- the filing of such appeal. SECTION 11.7 REVOCATION OF PER1ITS OR VARIANCES. A. Any permit or variance authorized under the provisions of this ordinance which is not actually established or the actual construction commenced on the build- ing or buildings involved within one year from the date of its authorization by the City Council shall become null and void. B. When any use of land, building or premises established under the provisions of this rrticle has been discontinued for a period of one year, it shall be unlawful to again use such land, building or premises for such discontinued use unless a sub- sequent permit or variance is authorized and issued therefor. C. Any permit or variance granted in accordance with the terms of this Artic]F may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith. D. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permitee at least ten (10) days prior to the hearing and shall submit its recommendations to the City Council. The City Council shall act thereon within sixty (60) days after the receipt of the recommendations.of the Planning Commission. SECTION 11.8 CERTIFICATES OF USE AND OCCUPANCY. A. No ve-,ant land in any district established under the provisions of this ordinance shall hereafter be occupied or used, and no building hereafter erected, structurally altered or moved in any such district shall be occupied or used until a certificate of use and occupancy shall have been issued therefor by the Building Inspector of the City of Costa 14esa. B. Application for a certificate of use and occupancy for a new building or for an existing building which has been altered or moved shall be made at the same time as the application for a building permit. Said certificate shall be issued within three (3) days after a written request for the same shall have been made to the Building Inspector after the erection, alteration or moving of such building or part thereof shall have been completed in conformity with the provisions of this ordi- nance. Pending the issuance of such a certificate, a temporary certificate of use and occupancy may be issued by the said Building Inspector for a period of not exceeding six (6) months during tho completion of alterations or during partial occupancy or use of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective right, duties or obligations of the owners or -27- of the City relating to the use or occupancy of the premises or any other matter coverer by this ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. C. Written application for a certificate of use and occupancy for the use of vacant land or for a change in the character of the use of land, as herein provided, shall be made before any such land shall be so occupied or used. Such a certificate of use and occupancy shall be issued within three (3) days afterthe application therefor has been made, provided such use is in conformity with the provisions of this ordinance D. Every certificate of use and occupancy shall state that the building or proposed use of building or land complies with all the provisions of law and of this ordinance. A record of all certifipates of use and occupancy shall be kept on file in the office of the said Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affecte&. No fee shall becharged for a certificate of use and occupancy. E. No permitfor excavation for any building shall be issued before application has been made for a certificate of use and occupancy. IWO ARTICLE SII M4ENDMITS AND CHANGES OF DISTRICT BOUNDARIES SECTION 72.1 INITIlMON OF PROCEEDINGS. A. The City Council of the City of Costa Mesa may from time to time, after report thereupon by the :Manning Commission, and after hearings as required by law, amend, supplement or change the regulations and districts herein or subsequently es- tablished. An amendment, supplement or change may be initiated by the City Council, by the Planning Commission, or by petition of property owners. SECTION 32,2 APPLICATION FOR RECLASSIFICATION. A. Whenever the owner of any land or building desires a reclassification of his property, he shall present to the City Council a petition duly signed and acknowl- edged by him requesting an amendment, supplement or change of the regulations prescri ed for such property. SECTION 12,3 ACTION BY PLAMIUNG CM-LISSION. A. The City Council shall refer the petition to the Planning Commission for such hearing as may be required by law and for recommendations upon the boundaries of the district to be changed and such other matters as may be related to said petition. Failure of the Planning Commission to report its recommendations to the City Council on any such petition within one hundred eighty (180) days, or such longer periods as may be designated by said Council, after receipt thereof by the Planning Commission, shall be deemed to be approval of such petition by the Planning Commission. SECTION72.4 ACTION BY CITY COUNCIL. A. The City Council, after receipt of report and recommendation from the Planning Commission, shall hold a final hearing thereupon as required by law. B. If, at the time of the final hearing before the City Council, a protest against such amendment, supplement or change is presented, duly signed and acknowledged by the owners of forty (40) per cent or more of the area for which a change of classi- fication is requested or proposed, or by the owners of forty (40) per cent of all dwellings within three hundred (300) feet thereof, or by the owners of forty (40) per cent of all land adjacent thereto and within three hundred (300) feet thereof, no such amendment, change or supplement shall be adopted except by a four fifths (4/5) vote of the full membership of the City Council. SECTION 22.5 FEE. A. The Planning Commission shall make a uniform charge of twenty-five ($25.00) Dollars, payable to the City Treasurer, to partially cover the cost of making -29-- maps, sending out notices and other incidental administrative expenses involved in any petition for a change in these regulations, said charge being due and payable at the time of filing any petition or request for change. ^30-. ARTICLE XIII ENFORCEMENT, PENALTIES AND LEGAL PROCEDURE SECTION 13.1 All departments, officials and public employees of the City of Costa Mesa invested with the duty or authority to issue permits or licenses shall conform to the provisions of this ordinance and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this ordinance; and any such permit or licenses issued in conflict with the provisions of this ordinance shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this ordinance pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. SECTION 13.2 Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars or by imprisonment in the City or County Jail for a term not exceeding six (b) months or by both such fine and imprisonment. Such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided. SECTION 13.3 Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this ordinance, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this ordinance,shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney of said City shall, upon order of the City Council, immediately commence action or proceed- ings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have juris- diction to grant such relief as will abate and remove such building or structure and restrain and enjoin any firm, person or corporation from setting up, erecting, build- ing, maintaining or using any such building contrary to the provisions of this ordinance... SECTION 13,4 The remedies provided for herein shall be cumulative and not exclusive. SECTION 13.5 REPEALING CLAUSE. Ordinance No. 13 of the City of Costa Mesa and all ordinances amendatory —31— thereof or thereto and all portions of any other ordinances of the City inconsistent herewith,to the extent of such inconsistency and no further, are hereby repealed. SECTION 13.6 SAL: OF COPIES. Copies of this ordinance may be sold by the City Clerk or by any other duly • authorized employee of this City at the uniform charge of One ($1.00) Dollar per copy, and x.11 moneys received therefrom shall be paid ihto the City Treasury as prescribed by law. --32 ARTICLE XIV VALIDITY This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable• If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. The City Council hereby declares that it would have passed this ordinance, and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid. ARTICLE XV CERTIFICATION AND PUBLICATION SECTION 15.1 URGENCY. The City Council does hereby find and determine that an emergency exists which requires that this ordinance take effect as soon as possible, and the facts consti- tuting such urgency are as follows: This ordinance is adopted pursuant to the provisions of the Conservation and Planning Law of 1953 and is hereby declared to be established to conserve and promote the public health, safety and general welfare, and it is imperative that this ordi- nance take effect as soon as possible, as the City of Costa Mesa is now without any adequate planning or zoning regulations, the City having become incorporated on June 30, 1953. SECTION 15.2 EFFECTIVE DATE. This ordinance shall take effect immediately and be in force immediately after its passage. The City Clerk of the City of Costa Mesa shall attest to the passage of this ordinance and, pursuant to Section 36933 of the Government Code, shall cause it to be posted in at least three public places in the City within fifteen (15) days after its passage. Passed and adopted this 1st day of February, 1954. ATTEST: City Clerk of the City of Tosta Mesa -33- P,,ayor of the City of Costa Mesa