anaheim-gazette 1937-07-29

LEGAL NOTICE ZONING ORDINANCE (Continued from Page 5) continued a re-engagement in a non-conforming use of such land may be undertaken only after securing a permit from the Commission, the Council concurring, but such permit shall be subject to revocation upon one year's notice by said City Council and in such event, the non-conforming use shall be discontinued and any future use of said premises shall be in conformity with the provisions of this ordinance. (b) Nothing contained in this ordinance shall be deemed or construed to prohibit a continuation of the particular existing use or uses of any building, structure, or lot existing at the time of the effective date of this ordinance, provided that if such existing use or uses be discontinued for a period of six consecutive months, all future uses of such premises, buildings or improvements shall be made to conform to uses permitted in the zone in which the property, building, or structure is located; except as provided in subsection (a) of Section 3 thereof. In the event that said particular existing use is changed to a different use, such tifferent use shall conform to the provisions of this ordinance. (c) No building or structure, existing at the time of the effective date of this ordinance which is designed, arranged, intended for or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon, structurally altered or including those stated in said petition and the report of the Commission, that: (1) special circumstances do exist; (2) that such exception or permit is necessary for the preservation of any substantial property right of the petitioner; and (3) that the granting of said petition will not be materially detrimental to the public welfare or injurious to the property or improvements in said zone or district thereof. (d) Upon the filing of such petition the Commission shall make its findings, and determination thereon within thirty (30) days thereafter and mail a notice by letter of the fact of the rendition of such report to said petitioner. If the petition is approved then the Commission shall forward its findings and recommendations to the City Council. If the petition is disapproved, petitioner may within twenty (20) days from the date of action by said Commission, appeal to the City Council by written Notice of Appeal filed with the City Clerk. Such appeal shall set forth specifically the grounds therefore and said appeal may be referred to the Commission for reconsideration as in the first instance, or if the City Council deems it necessary or expedient to do so, it may set the matter for hearing upon such notice to interested parties as it may deem proper, and the decision of the Council upon said appeal shall be rendered within ninety (90) days from the date of such appeal, and if not so rendered, such appeal shall be deemed denied, but the time durings and recommendations of Commission shall be made in thirty (30) days from the date of said petition and thereby findings and recommendations thereon shall be transmitted to the City Council and a fact of the rendition of report mailed to said petition and if said findings and recommendations be against the petitioner, or if no action is by the Commission with thirty (30) days, he may twenty (20) days from the action by the Commission within twenty (20) days a expiration of such third days, if no report is made by Commission, appeal to the Council by written notice peal filed with the City. Such appeal shall set forth officially the grounds thereon said appeal may be referred Commission for reconsideration as in the first instance, but any such appealed petition be granted, the Council is given the same notice as thvided in subsection (2) Section. (d) The decision of Council shall be rendered ninety (90) days after that of a recommendation for Commission or of an appeal on the action of said Commereherebefore set forth. If sion is rendered within sixty (90) day period, said ap petition shall be considered by said City Councel. (e) No building or shall be built or established any property on which (c) No building or structure, existing at the time of the effective date of this ordinance which is designed, arranged, intended for or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon, structurally altered or rebuilt or repaired following a destruction of the major portion thereof by fire or otherwise, unless the use of such building or structure is changed to a use permitted in the zone in which such building or structure is located. (d) The Council may if it seems expedient to do so, allow a permit to be issued for the rebuilding, alteration, or enlargement of a building or structure, the use of which does not conform to the provisions of this ordinance, under the following conditions: (1) That in the opinion of the Council said construction would be advantageous or beneficial to the immediate neighborhood or would eliminate a fire hazard. (2) That the permit be issued only after approval of the Commission as provided in the last paragraph of Section 4 of this ordinance. (e) No non-conforming building, structure, or use shall be enlarged at the expense of a conforming building, structure, or use. (f) Nothing in this ordinance shall prohibit the erection or establishment within any zone, of a temporary, non-conforming building for commerce or industry incidental to the construction or establishment of a permissible building or structure. SECTION 4 VARIANCES (a) Any property owner may file with the Commission a verified petition, in writing, requesting a conditional variance to any of the restrictions established by this ordinance. All petitions shall be made on forms furnished by the Commission and shall state fully the grounds for such petition, all facts relied upon by the petitioner in determining that a variance is justifiable, and any other facts that may be required by the Commission. (b) In order to justify a vari- therefore and said appeal may be referred to the Commission for reconsideration as in the first instance, or if the City Council deems it necessary or expedient to do so, it may set the matter for hearing upon such notice to interested parties as it may deem proper, and the decision of the Council upon said appeal shall be rendered within ninety (90) days from the date of such appeal, and if not so rendered, such appeal shall be deemed denied, but the time during which such matter is pending before the Commission on such reference shall not be considered as part of such ninety (90) day period. (e) No building permit shall be issued for the construction, rebuilding, alteration, or enlargement of any building, structure, or improvement allowed by reason of a variance granted under Section 4 of this ordinance until a complete set of plans and specifications covering such construction, rebuilding, alteration, or enlargement shall have been filed with and approved by the Commission as to location, color, design and general architecture, and said construction, rebuilding, alteration, or enlargement shall be done in accordance with said approved plans and specifications. SECTION 5 CHANGE OF ZONE (a) The boundaries of zones or the districts thereof or the classification of property therein may be amended, reclassified, and altered, or any yard requirements may be changed or removed by the City Council whenever the public necessity and convenience and the general welfare require and a public hearing in such matter shall be called: 1. Upon the varified petition of a majority of property owners of property proposed to be so changed or reclassified, or 2. By resolution of intention of the Commission, and 3. By resolution of intention of the City Council, or a hearing may be called upon receiving a verified petition of one or more property owners of property proposed to be so changed or reclassified. (b) When a hearing is to be called, upon receiving a verified petition or upon the passage of one such resolution of intention, the Commission shall set the matter for hearing and shall give Council shall be rendered ninety (90) days after the action of said Commission hereinafter set forth. If action is rendered within sixty (90) day period, said petition shall be considered denied by said City Council. (e) No building or site shall be built or established any property on which things are pending for a recitation of use, change of year or establishment thereof; permit authorizing construc- said property shall be not void if said construction began prior to the commencement of such proceedings. SECTION 6 FORM OF PETITION The Commission may impose and regulations prescribe and scope of formal petition accompanying data so as to the fullest practicable press of facts for the permanent provision that any petition variance as provided in Section 5 or petition for a change or provided in Section 5, include a statement by at least of the owners of the petitioned for, attesting truth and correctness of facts and maps presented with this petition. Such verification dated and attested to be City Clerk or a Notary Public. SECTION 7 ZONE R-1 SINGLE FAMILY RESIDENCE In Zone R-1 no building ture, or portion thereof, or arranged, or intended to cupped or used for any other pose than that provided allowed by this section, erected, constructed, est- converted, altered, or en- and no lot, building struc- portion thereof, in said Zone shall be used for any other pose than a single family dence together with the u-cessories as provided allowed by this section, eitherwise provided herein. (a) There may not be one single family dwelling lot having an area of less twelve thousand (12,000) feet. In order to justify a variance under the provisions of this section, three (3) things must be shown relative to the property, or particular use involved, in the application for such variance: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of uses in the same district or zone. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of such variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in such zone, or district, in which said property is located. (c) Upon making of such findings, the Commission may recommend to the City Council that conditional variances be made and the said Council may, by ordinance, permit the erection, alteration, reconstruction, or enlargement of any building, structure or improvement; or use of premises in any of said zones which are restricted against said building, structure or improvement, or such use of premises, upon such terms and conditions as said Council may deem proper; provided that the Council shall specifically find and determine from a consideration and investigation of the facts, 1. By posting public notice thereof not less than ten (10) days prior to the date of hearing mentioned therein, such notices shall be placed not more than one hundred (100) feet apart along both sides of each and every street upon which property proposed to be reclassified abutts, and such posting shall extend along said street a distance of not less than three hundred (300) feet from the exterior limits of such properties as are proposed for such reclassification. Such notice shall consist of the words: "Notice of proposed change of zone" printed in plain type with letters not less than 1½ inches in height and in addition thereto, a statement in small type setting forth the boundaries of the property involved in the proposed "Change of zone" or a description of such property, and the time and place at which a public hearing on the proposed change will be held; or 2. By mailing a postal card notice, not less than ten (10) days prior to date of such hearing, to the owner or owners of all property within the posting area above defined, using for this purpose the last known name and address of such owners, as shown upon the records of the City Clerk. (c) In case of the acceptance of a petition, a report of the find-and no lot, building, structure thereof, in said 28th shall be used for any other pose than a single family dwellence, together with the uccessories as provided allowed by this section, otherwise provided herein. (a) There may be not one single family dwelling lot having an area of twelve thousand (12,000) square feet. (b) There may be one single family dwellings lot having an area of twelve thousand (12,000) square feet. (c) There may be the uccessories in connection with family dwellings including vate garage, containing space not to exceed four (4) auto and servants' quarters erected as part of a building, but such quarters not be provided with kitchen arrangements nor provisions preparation or serving on it. It shall be unlawful to use in Zone R-1 solely for the construction and maintenance thereof rages or other subordinated actions. (d) Wherever a single dwelling was located on one of a lot, before the effect of this ordinance, it shall ful to erect or establish a slave building on the front lot, provided that such lot and each portion thereof least twenty (20) feet distant the existing rear building each portion thereof; and further that the use of the building for dwelling shall be discontinued as ANAHEIM GAZETTE LEGAL NOTICE Signs and recommendations of the commission shall be made with thirty (30) days from the filing said petition and thereupon the findings and recommendations thereon shall be transmitted to the City Council and a letter of the fact of the rendition of such report mailed to said petitioner; and if said findings and recommendations be against the petitioner, or if no action is taken by the Commission within such thirty (30) days, he may within twenty (20) days from the date of motion by the Commission or within twenty (20) days after the expiration of such thirty (30) days, if no report is made by said commission, appeal to the City Council by written notice of appeal filed with the City Clerk. Such appeal shall set forth specifically the grounds therefore and said appeal may be referred to the commission for reconsideration in the first instance, but before any such appealed petition shall be granted, the Council shall set the matter for hearing and shall give the same notice as that provided in subsection (2) of this section. (d) The decision of the City council shall be rendered within ninety (90) days after the receipt of a recommendation from the commission or of an appeal from the action of said Commission as hereinbefore set forth. If no decision is rendered within said ninety (90) day period, said appeal or petition shall be considered as denied by said City Council. (e) No building or structure shall be built or established on any property on which proceeded. LEGAL NOTICE said dwelling on the front of the lot is first occupied. (e) Any dwelling permissible in Zone R-1 must be situated on a lot having a width of not less than fifty (50) feet along the adjoining street and an area of not less than six thousand (6,000) square feet, provided however, that this provision shall not apply to any lot existing at the date of the passage of this ordinance. (f) Accessory buildings shall be at least three (3) feet from the main building and from each other. (g) No dwelling, or accessory building thereto, in Zone R-1, shall be erected to a height greater than thirty-five (35) feet or contain more than two stories. (h) Any lot may be used for farming, and the raising of domestic live stock and/or poultry with the necessary buildings incidental thereto, provided that the same is not in violation of any ordinance of the City Anaheim. (i) Not more than one sign, placard, or other advertising device may be erected, or painted on, or made a part of any premises or structure in Zone R-1 and such sign, placard, or other advertising device shall have a surface area of not more than one and one half (1½) square feet. (j) In Zone R-1, yards as follows shall be required: 1. There shall be a front yard of not less than twenty-five (25) feet except that where lots comprising forty (40) percentum or more of the frontage in any block have front yards the depths of which vary not more than six (6) feet the average depth so establishes or building in Zone R-3. Such signs, placards, or other advertising devices shall have a total surface area of not more than five (5) square feet, except that schools, churches, and private clubs may be allowed a total of not more than ten (10) square feet of such sign space in addition to a corner stone, name plate, or other such wording formed on building material which is made a permanent part of such building. (f) In Zone R-3 yards as follows shall be required: 1. There shall be a front yard of not less than fifteen (15) feet, except where lots comprising sixty percentum (60%) or more of the frontage in any block have front yards the depths of which vary not more than six (6) feet, the average depth so establishes shall constitute the depth of front yards in said block frontage. 2. There shall be side yards each of which shall have a width equal to not less than eight percentum (8%) of the width of the lot. 3. There shall be a rear yard equal to not less than ten percentum (10%) of the length of lots one hundred (100) feet or less in length and not less than fifteen percentum (15%) of the length of lots over one hundred (100) feet in length. (g) On corner lots, in respect to the end abutting the street, the above front yard provisions shall apply, and Buildings shall also be located so that the distance from the exterior side lot line to the nearest line of the building or any portion thereof shall be equal to eighteen percentum (18%) of the SECTION 1 ZONE C GENERAL COMMEN In Zone C-3 no further arrangement, or intended pier or used for any poses than those permitted by this section; constructed, converted, altered, and no lot, building portion thereof, in Zone C-3 be used for any other than those specifically and allowed by this section. (a) Any lot, build or portion thereof, may be used for any regularly allowed Zone R-3, or Zone C-3. (b) Any lot, build or portion thereof, may be used and occupying purposes conducted: stores or product of wholesale cantele business; including hand stores and used amusement courts; automobile repair shops; plumbing smith shops; house storage; newspaper establishments; restrooms; or other similar businesses unless otherwise specified by the Commission, to be included in this sub-section detrimental to the property; provided how auto wrecking establishment yard, nor live pool stock market shall Zone C-3. SECTION 6 FORM OF PETITION The Commission may in its rules and regulations prescribe the form and scope of formal petitions and accompanying data so as to assure the fullest practicable presentation of facts for the permanent record, provided that any petition for a variance as provided in Section 4, or petition for a change of zone as provided in Section 5, shall include a statement by at least one of the owners of the property petitioned for, attesting to the truth and correctness of all facts and maps presented with said petition. Such verification shall be audited and attested to before the City Clerk or a Notary Public. SECTION 7 ZONE R-1 SINGLE FAMILY RESIDENCE ZONE In Zone R-1 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any other purpose than that provided for or allowed by this section, shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in said Zone R-1 shall be used for any other purpose than a single family residence, together with the usual accessories as provided for and allowed by this section, except as otherwise provided herein. (a) There may not be too exceed one single family dwelling on any lot having an area of less than twelve thousand (12,000) square feet. SECTION 8 ZONE R-3 MULTIPLE FAMILY RESIDENCE ZONE In Zone R-3 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any other purposes than those provided for or allowed by this section, shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in said Zone R-3 shall be used for any other purposes than those specifically provided for and allowed by this section. (j) In Zone R-1, yards as follows shall be required: 1. There shall be a front yard of not less than twenty-five (25) feet except that where lots comprising forty (40) percentum or more of the frontage in any block have front yards the depths of which vary not more than six (6) feet, the average depth so established shall constitute the depth of front yards in said block frontage. 2. There shall be side yards each of which shall have a width equal to not less than ten (10) percentum of the width of the lot, except as otherwise provided herein. 3. There shall be a rear yard equal to not less than fifteen (15) percentum of the length of the lot on lots one hundred (100) feet or less in length and not less than twenty (20) percentum of the length of the lot on lots one hundred (100) feet in length. 4. On corner lots, in respect to the end abutting the street, buildings shall also be located so that the distance from the exterior side lot line to the nearest line of the building or any portion thereof shall be equal to eighteen percentum (18%) of the width of the lot on all lots which are forty five (45) feet or less in width, and equal to twenty percentum (20%) of the width of the lot on all lots over forty five (45) feet in width; and where one end of a corner lot abuts an alley, the computed depth of the rear yard may be measured from the center line of said alley. (h) Any building, or buildings permissible in Zone R-3 must be situated on a lot having a width of not less than fifty (50) feet along the adjoining street and an area of not less than six thousand (6,000) square feet; provided however, that this provision shall not apply to any lot existing at the date of the passage of this ordinance. (i) Not more than one building shall be built, erected, or established on any corner lot in Zone R-3 until the application for a building permit for such buildings shall have been approved by the Commission. (j) The provisions of Section 14 of this ordinance shall be considered to be as much a part of this section as though each portion of said Section 14 were in this sub-section written. SECTION 9 ZONE C-2 NEIGHBORHOOD BUSINESS ZONE In Zone C-2 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any purposes than those provided for or allowed by this section shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in Zone C-2 shall be used for any other purposes than those specifically provided for and allowed by this section. (a) Any lot, building, or portion thereof may be used for any use regularly allowed in Zone R-3, Zone C-2. (b) Any lot, building or portion thereof in be occupied and used shops, fruit packing neries, planning mill storage and distribution leum products, and manufacturing and fences except as limitation(c) hereof. (c) The following items and uses are Zone M-2: and no lot, building, structure, or portion thereof, in said Zone R-1 shall be used for any other purpose than a single family residence, together with the usual accessories as provided for and allowed by this section, except as otherwise provided herein. (a) There may be not to exceed one single family dwelling on any lot having an area of less than twelve thousand (12,000) square feet. (b) There may be one or more single family dwellings on any lot having an area of twelve thousand (12,000) square feet or more, provided there is not less than six thousand (6,000) square feet of lot area for each such dwelling and in such case, no portion of any one of the dwellings shall be less than twenty (20) feet distant from the nearest portion of any of the others. (c) There may be the usual accessories in connection with single family dwellings including a private garage, containing space for lot to exceed four (4) automobiles, and servants' quarters erected and maintained as part of a garage building, but such quarters shall not be provided with kitchen arrangements nor provisions for the preparation or serving of meals. shall be unlawful to use any lot Zone R-1 solely for the erection and maintenance thereof of gages or other subordinate buildings. (d) Wherever a single family dwelling was located on the rear lot, before the effective date of this ordinance, it shall be lawful to erect or establish a permissive building on the front of the lot, provided that such building and each portion thereof is at least twenty (20) feet distant from the existing rear building and such portion thereof; and provided further that the use of the rear building for dwelling purposes shall be discontinued as soon as RESIDENCE ZONE In Zone R-3 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any other purposes than those provided for or allowed by this section, shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in said Zone R-3 shall be used for any other purposes than those specifically provided for and allowed by this section. (a) Any lot, building, structure, or portion thereof, in Zone R-3 may be used for any purpose or use regularly allowed in Zone R-1. (b) On any lot in Zone R-3 there may be one or more duplex houses, multiple dwellings, apartment houses, boarding and rooming houses, public institutions of an educational or philanthropic nature which are not rendering treatment for physical or mental diseases, churches of a permanent nature, fraternity and sorority houses, and private clubs. (c) There may be the usual accessories in connection with such buildings and/or structures including garage space for not to exceed that necessary for two (2) automobiles for each family unit established on such lot, provided in any case, garage space may be provided for four (4) automobiles, and further provided that all premises containing four (4) or more apartments, or dwellings shall provide, on the premises, garage space for at least one automobile for each unit. (d) No such building, structure, or portion thereof, in Zone R-8, shall be erected to a height greater than fifty (50) feet, nor shall any such structure contain more than four (4) stories. (e) Not more than two signs, placards, or other advertising devices may be erected, or painted on, or made a part of any premises pied or used for any other purposes than those provided for or allowed by this section shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in Zone C-2 shall be used for any other purposes than those specifically provided for and allowed by this section. (a) Any lot, building, structure, or portion thereof, in Zone C-2 may be used for any purpose or use regularly allowed in Zone R-1 or Zone R-3. (b) Any lot, building, structure, or portion thereof, in Zone C-2 may be used and occupied for the following purposes as customarily conducted: Banks; beauty parlors; barber shops; conservatories; dancing academies; dry cleaning establishments; meat markets; grocery stores; hotels; millineries; business and professional offices; sanitaries; hospitals; except veterinary hospitals; tailor shops; shoe shops; studios, except motion picture studios; cabinet shops; florist shops; including nurseries; or other similar businesses or enterprises unless, in the opinion of the Commission, they would be, by comparison with those mentioned in this sub-section, noxious or detrimental to the particular district. There may be an automobile service station provided that such business does not include general repairing of automobiles. (c) There may be 'the usual accessories in connection with such buildings, structures,and/or uses. (d) All merchandise, goods produce, wares, or other commodities which are stored or are offered for sale or exchange in Zone C-2,must be housed in a building unless being transported. (e) The provisions of Section 14 of this ordinance shall be considered to be as much a part of this section as though each portion of said Section 14 were in this sub-section written. (1). Automobile parts storage except on a lot enclosed in a solid wall at least in height; boiler and smelting. 2. Manufacture of ammonia, bleaching ash, cement, chlorine disinfectants, gas,dry tile,Lime,gypsum,and gelatine; explosives oiled or rubber exempt(mixing exempt),shellac,varnish,sauce black.soap.lard,the waterproofing,picked,the manufacture,treining,或refining.of sote,petroleum,rubber percha. 3. The rendering,distillation of bones fat,garbage dead and tallow grease,Lard, 4. The crushing,sribution of rock,grain yards,slaughter storage or bailing off junk;the storage of gas,tanning,curing raw hides or skins. 5. Any use which of the Commission-mas noxious offensive mental to the district the emission of odor gas,vibration.or not those mentioned in the(c). (d) The provision LEGAL NOTICE SECTION 10 ZONE C-3 GENERAL COMMERCIAL ZONE In Zone C-3 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any other purposes than those provided for or allowed by this section shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof, in Zone C-3 shall be used for any other purposes than those specifically provided for and allowed by this section. (a) Any lot, building, structure, or portion thereof, in Zone C-3 may be used for any purpose or use regularly allowed in Zone R-1, Zone R-3, or Zone C-2. (b) Any lot, building, structure, or portion thereof, in Zone C-3 may be used and occupied for the following purposes as customarily conducted: stores or shops for conduct of wholesale or retail mercantile business, including second hand stores and used car business; amusement enterprises; auto courts; automobile painting and repair shops; plumbing shops; tinsmith shops; household goods storage; newspaper and publishing establishments; restaurants; theatres; or other similar enterprises or businesses unless, in the opinion of the Commission, they would be by comparison with those mentioned in this sub-section, noxious or detrimental to the particular district; provided, however, that no auto wrecking establishment, junk yard, nor live poultry or live stock market shall be allowed in Zone C-3. LEGAL NOTICE 14 of this ordinance shall be considered to be as much a part of this section as though each portion of said Section 14 were in this subsection written. SECTION 12 ZONE M-3 INDUSTRIAL ZONE Any building, structure, or portion thereof, may be erected, constructed, altered, or enlarged and any premises may be used in Zone M-3 without restriction as to its design or arrangement, for any use or purpose whatsoever which is not in conflict with any law or ordinance of the City of Anaheim, provided however, that no building permit shall be issued and no buildings, premises or lot shall be used for any of the following uses or purposes until the location of such use shall have been approved by the City Council subsequent to recommendation by the Commission: Manufacture of acid, cement, lime, gypsum, explosives, fertilizer, gas, or glue; storage of explosives, distillation of bones; fat rendering; garbage, offal, or dead animals reduction or dumping; petroleum refining; smelting; stock yards, or slaughter of animals; or any other businesses or enterprises which in the opinion of the Commission are equally as noxious or detrimental to the particular district as the businesses or enterprises mentioned in this section. SECTION 15 PLOT PLAN There shall be attached to an made a part of each application for a building permit an accurate plot plan of the lot, drawn scale of not less than twenty (20 feet per inch), showing the dimensions of existing buildings, if any and the proposed building structure for which application being made, and such other SECTION 11 ZONE M-2 LIMITED MANUFACTURING ZONE In Zone M-2 no building, structure, or portion thereof, designed, arranged, or intended to be occupied or used for any other purposes than those provided for or allowed by this section, shall be erected, constructed, established, converted, altered, or enlarged; and no lot, building, structure, or portion thereof in said Zone M-2 shall be used for any other purposes than specifically provided for and allowed by this section. (a) Any lot, building, structure, or portion thereof in Zone M-2 may be used for any purpose or use regularly allowed in Zone R-1, Zone R-3, Zone C-2, and Zone C-3. (b) Any lot, building, structure, or portion thereof in Zone M-2 may be occupied and used for machine shops, fruit packing houses, canneries, planing mills, plants for storage and distribution of petroleum products, and in general manufacturing and industrial purposes except as limited by subsection (c) hereof. (c) The following establishments and uses are prohibited in Zone M-2: storage; newspaper and publishing establishments; restaurants; theatres; or other similar enterprises or businesses unless, in the opinion of the Commission, they would be by comparison with those mentioned in this sub-section, noxious or detrimental to the particular district; provided, however, that no auto wrecking establishment, junk yard, nor live poultry or live stock market shall be allowed in Zone C-3. (c) There may be the usual accessories in connection with such buildings, premises, structures, or uses. (d) Excepting automobiles, growing plants or nursery stock, and lumber, all merchandise, goods, wares, produce, or other commodities which are stored or are offered for sale or exchange in Zone C-3 shall be housed in buildings, unless being transported. (e) The provisions of Section 14 of this ordinance shall be considered to be as much a part of this section as though each portion of said Section 14 were in this subsection written. SECTION 13 ZONE BOUNDARIES Where uncertainty exists as to the exact boundary line of any zone, the line shall, upon written application, be determined by the Commission, approved by the City Council, and a record of such determination kept on file in the office of the City Clerk. SECTION 14 GENERAL PROVISIONS (a) The use or occupancy of any building, structure, or lot prohibited in one zone is also prohibited in any other zone which is more restrictive and the use or occupancy of any building, structure, or lot permitted in one zone is also permitted in any other less restrictive zone and in such case shall be subject to the uses and enterprises allowed therein. (b) The provisions of this ordinance shall not be deemed or construed to prohibit in Zones R-1 and R-3 the following enumerated uses. 1. The operation of the necessary facilities and equipment in connection with public schools. 2. The construction and use of public parks and playgrounds and recreation or service buildings therein. 3. The construction and maintenance of fire stations. (c) No building or structure shall be moved from one lot to another unless such building or structure shall thereupon be made to conform to all the provisions of this ordinance relative to the lot or premises to which such building, or structure is to be moved. (d) Height limitation provisions in this ordinance shall not be deemed to regulate the height of chimneys, cooling towers, fire station towers, scenery lofts, water tanks, radio towers, ornamental towers or spires, domes, cupolas, parapet walls not exceeding four feet in height, or necessary appurtenances not designed for habitation. (e) No part of a yard provided for any building or structure on any lot for the purpose of competition reduction or dumping, petroleum refining; smelting; stock yards, or slaughter of animals; or any other businesses or enterprises which in the opinion of the Commission are equally as noxious or detrimental to the particular district as the businesses or enterprises mentioned in this section. SECTION 15 PLOT PLAN There shall be attached to an made a part of each application for a building permit an accurate plot plan of the lot, drawn scale of not less than twenty (20 feet per inch), showing the dimensions of existing buildings, if any and the proposed building or structure for which application being made, and such other information as may be necessary to provide for the proper enforcement of this ordinance, in respect to such application. SECTION 16 ENFORCEMENT All City Departments, official or public employees, vested with the duty or authority to issue permits or licenses where required by law or ordinance, shall enforce the provisions of this ordinance and issue no such license or permit for uses, buildings, structure or purposes where the same would be in conflict with the provision of this ordinance and any such license or permit, if issued in conflict with the provisions of this ordinance, shall be null and void. SECTION 17 VIOLATION Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than three hundred ($300.00) dollars or by imprisonment in the Citizen Jail for a period of not more than ninety (90) days, or by both suicide and imprisonment. Each person, firm, or corporation shall be deemed guilty of a separate offense for every day during an portion of which any violation of any provision of this ordinance is committed, continued, or permitted by such person, firm, or corporation and shall be punishable therefore as provided by this ordinance. SECTION 18 INTERPRETATION AND PURPOSE In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the promotion of the public safety, health convenience, comfort, or general welfare. It is not intended by this ordinance. Zone R-3, Zone C-2, and Zone C-3. (b) Any lot, building, structure, or portion thereof in Zone M-2 may be occupied and used for machine shops, fruit packing houses, caneries, planing mills, plants for storage and distribution of petroleum products, and in general, manufacturing and industrial purposes except as limited by subsection (c) hereof. (c) The following establishments and uses are prohibited in Zone M-2: 1. Automobile wrecking or used parts storage, except in a building or on a lot enclosed on all sides by a solid wall at least eight (8) feet in height; boiler making; or iron smelting. 2. Manufacture of acid, alcohol, ammonia, bleaching powder, potash, cement, chlorine, fertilizer, disinfectants, gas, dyestuffs, brick, tile, lime, gypsum, celluloid, glue, gelatine; explosives, pyroxoline, oilled or rubber goods, paints (mixing exempt), linseed oil, shellac, varnish, sauerkraut, lamp black, soap, lard, tar roofing or waterproofing, pickels, and yeast; the manufacture, treatment, mixing, or refining of asphalt, crepote, petroleum, rubber, and gutta-percha. 3. The rendering, reduction, or distillation of bones, coal, wood, fat, garbage, dead animals, refuse, tallow, grease, lard, and tar. 4. The crushing, storage or distribution of rock, gravel, or sand; stock yards, slaughter of animals; storage or balling of rags, iron, or junk; the storage of explosives or gas; tanning, curing or storage of raw hides or skins. 5. Any use which in the opinion of the Commission may be equally as noxious, offensive or detrimental to the district by reason of the emission of odor, dust, smoke, gas, vibration, or noise, as any of those mentioned in this subsection (c). (d) The provisions of Section (d) Height limitation provisions in this ordinance shall not be deemed to regulate the height of chimneys, cooling towers, fire station towers, scenery lofts, water tanks, radio towers, ornamental towers or spires, domes, cupolas, parapet walls not exceeding four (4) feet in height, or necessary appurtenances not designed for habitation. (e) No part of a yard provided for any building or structure on any lot, for the purpose of complying with the provisions of this ordinance shall be included or considered as a part of a yard required by this ordinance for any other building or structure on the same lot or any other lot. (f) Wherever specified distances limiting yard areas are mentioned they refer to the length or width which is not determined by the lot lines or other yards, and shall determine a line parallel to the lot line from which the distance is measured. (g) Yard provisions shall not exclude walks, driveways, eaves nor fences; except that no fence over three feet in height shall be permitted in any front yard. (h) Yards established by Sections 7 and 8 may be altered under the conditions and to the extent described in the following provisions: 1. The rear yard depth need not be more than twenty-five (25) feet and shall not be less than ten (10) feet. 2. The side yards need not be more than ten (10) feet and shall not be less than three (3) feet. 3. There may be accessory buildings in the rear yard provided they do not cover more than thirty percent (30%) of the rear yard area. 4. The depth of the front yard on any lot between two adjoining lots on each of which a front yard is established shall not be less and need not be more than the availance and shall be punishable therefore as provided by this ordinance. SECTION 18 INTERPRETATION AND PURPOSE In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, or general welfare It is not intended by this ordinance to interfere with, or abrogate or annul any easements, covenants or other agreements between parties, or to repeal any ordinance other than as specially stated herein provided however tha where this ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances rules regulations or by covenants or agreements,the provisions of this ordinance shall govern. Ordinance No. 511 entitled "An ordinance providing for the creation in the City of Anaheim of five (5) zones consisting of various districts and prescribing the classes of buildings structures and improvements in several zones and the use of such buildings structures improvements and premises;the heights of buildings and the area of lot covered thereby; defining the terms used herein prescribing the penalty for the violation of the provisions hereof and repealing certain ordinances", is hereby repealed. SECTION 19 VALIDITY If any section subsection sentence clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such deci-