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HomeMy Public PortalAboutOrd. 1148 ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER II, "DEFINITIONS," OF ORDINANCE NO. 570, THE ZONING ORDINANCE, RELATING TO CERTAIN WORDS AND TERMS The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: Section 1. Ordinance No. 570, the Zoning Ordinance, is hereby amended to read as follows: CHAPTER II - DEFINITIONS GENERAL RULES The following general rules shall apply to the textual provisions of the zoning regulations: 1. The particular shall control the general. 2. The word "shall" is mandatory and not discretionary. The word "may" is discretionary. 3. Words in the present tense include the future, and the words in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. 4. Words used in the masculine gender include the feminine, and the feminine the masculine. 5. The word "city" means the City of Lynwood, California. 6. All public officials, bodies, and agencies to which reference is made are those of the City of Lynwood, California, unless otherwise indicated. Section 2. The following words and definitions should be deleted from Chapter II: APARTMENT HOTEL CONVALESCENT HOME DWELLING, ONE-FAMILY DWELLING, MULTIPLE GARAGE, PRIVATE HOME OCCUPATION HOTEL KITCHEN LOADING SPACE LODGING OR ROOMING HOUSE MOTEL PARKING AREA, PUBLIC PARKING SPACE, AUTOMOBILE RUMPUS ROOM USE Section 3. Amend Chapter II by adding these words and definitions, in alphabetical order: Abut. To touch, border upon; when applied herein to lots or parcels of land, shall mean touching or having a common boundary at some point. Access. A way of approach to, or entrance to, or onto a piece of property from a street, easement, or alley. Accessorv Building. A detached building (the use of which is subordinate and customarily incidental to that of the main building or to the main use of the land) which is located on the same lot with the main building. r'lccessory Use. A use that is appropriate, incidental, and customarily or necessarily related to the principal use of the land, building, or structure; is located on the same lot as the principal building or use; and is dependent upon the principal use for the majority of its utilization or activity. Adiacent. Situated near or close by; when applied herein to a lot or parcel of land, includes real pro- perty across alleys, streets, or public property. Adioining. When applied to a lot or parcel of land, it is a lot abutting another lot and having a lot line in common. Allev. A public or private thoroughfare, twenty feet (20') or less of right of way, used to provide either a primary or secondary means of vehicular access to property. Amendment. A revision or change of wording, context, or substance of this ordinance; or a change in the zone boundaries on the zoning map. Amusement Machine. Any device operated by or for a patron or patrons in any business establishment for amusement, diversion or sport and which is operated by the insertion of a coin or token. This definition includes such devices as pin ball machines, video or electronic games, pool tables, juke boxes or mini- motion picture devices, amusement rides; pin setting machines in bowling alleys are not included. Antique Shoo. Any premises used for the sale of ar- ticles which, because of age, rarity or historical significance, have a monetary value greater than the original value or which, because of age, are recognized by the U.S. Gov. as entitled to import duties less than those prescribed for similar new merchandise. Antique shop does not include secondhand store. 2 Apartment Hotel. A building or portion thereof designed for or containing both dwelling units and individual guest rooms or suites of rooms, and shall not be rented for periods of less than one (1) week. Arcade. A commercial entertainment land use consist- ing of five (5) or more amusement machines enclosed within one building or structure. Automobile Service Station. A retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling of motorist needs. These services may include the sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement items; washing and lubrication services, the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Automobile Trailer Camp/Park. A lot or parcel of land used to accommodate two or more automobile trailers occupied as living quarters. Automobile Wrecking. The principal use of any premises for the dismantling, demolition or crushing of any automotive vehicle; or for the storage of abandoned or irreparably damaged vehicles. Boarding House. A building, or portion thereof (other than a hotel, sorority or fraternity house, convales- cent home, hospital or private club) where lodging is provided for not more than fifteen (15) paying guests, and with only one kitchen. Building. Any roofed structure, excluding all forms of vehicles, even though immobilized, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term "building" means a structure so designed and constructed that all exterior walls o£ the structure shall be solid from the ground to the roof line, and shall contain no openings except for windows and doors that are designed to be closed for controlling sound or weather and for other purposes. Car Wash, Self Service. A commercial land use pro- viding devices for use by the general public to wash, wax, dry and/or vacuum a vehicle. Certificate of Compliance. An enforcement device which, in reference to a certain class of structure, incor- porates in one document an indication of conformance, or lack thereof, with the several municipal codes -- planning, zoning, building, fire, housing, occupancy, subdivision -- which may apply to a specific property. Certificate of Occupancy. Official written certifica- tion that premises conform to the provisions of the zoning, planning, and building codes and may be legally used or occupied. Unless such a certificate is issued, a structure shall not be occupied. Muni. Code Sec. 17-33. Church. An institutional land use consisting of the provision o£ facilities for worship, the assemblage of the public for worship, and the instruction of the public in religious subjects. Accessory uses include personal counseling and education in subjects relating to personal life, also the building or buildings where such activities take place. This includes cathedral, mosque, shrine, synagogue cr temple. 3 Conversion. Changing the original purpose of a building to a different use; may or may not involve structural alterations. Convalescent Home. A facility providing nursing, dietary, and other personal serv~~eatmentsnsuchsasnts or invalids; surgery or primary customarily provided in a hospital are excluded. This definition of Convalescent Home includes "nursing home" and "rest home", but does not include general or specialized hospital or board and care home. Conditional Use Permit. Documented evidence of authority granted by the city to establish a specific use under specified standards and conditions. Conformina tise. An activity which is permitted in the zone in which the property is located and which abides by all codes impinging on the activity. Dwellina One-Family. A residential use wpereythe one building is designed and intended for occu anc by family; contains one kitchen for central preparation of meals; includes manufactured housing, when placed on a foundation for permanent residency. Dwelling Multiple. A permanent building or portion thereof designed for or occupied by three or more families living independently of each other. This includes apartment house, condominium, and boarding house, but does not include hotel, motel, or convales- cent home. Easement. A recorded right or interest held by one party in the land of another, which entitles the holder thereof to some use, privilege, or benefit out of or over said land. Garage Private. A detached accessory building or portion of a main building for the parking or temporary storage of automobiles for the occupants of the pre- mises. The garage shall be enclosed on all sides and possess a fully closing door at the point of vehicular access; differs from carport and porte-cochere as defined herein. General Plan. The adopted General Plan of the City of Lynwood. Gross Floor Area. The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, mezzanines, and basements, except as otherwise defined. Group Home. Any residential care facility for six or fewer persons who are mentally disordered or otherwise handicapped, licensed by the State of California under the provisions of Chapter 2, Division 2 of the Health and Safety Code. Guest House. Living quarters within a detached accessor building located on the same premises as the main building for use by temporary guests of the occupants of the premises; such quarters shall have no kitchen and shall not be rented or otherwise used. 4 Home Occupation. An accessory activity performed by occupant within a dwelling unit and is customarily incidental to the residential use. Licensing procedure shall be set forth by resolution of the City Council. Muni. Code Sec. 17-92. Hotel. A commercial land use consisting of the pro- vision of shelter within a building or portion there- of with access provided through a common entrance, lobby, or hallway to six (6) or more guest rooms; no provision is made for cooking in any individual room or suite. Facility may be rented for less than one week or for an indefinite period. Kitchen. Any room or portion thereof containing facilities designed or used for the preparation of food including a sink and stove, oven, range, refri- gerator, and/or hot plate. Kitchen shall not include a wet bar. Land. Shall include: Raw land: Land that is vacant, unimproved, and undeveloped. Improved land: Land which has been improved with basic utilities such as water, sewer, streets, and sidewalks; such improvements normally precede residential or other construction. Developed land: The more advanced state of improved land wherein build- ings, structures, and uses are placed on the improved land. Landscaping. Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. It may include preserving the original vegetation or adding vegetation. Laundry. An establishment to dry, clean, wash and dry clothes brought in and carried away by the customer. This includes self-service or coin operated facilities. Lodging or Rooming House. Same as Boarding House. Main Building or Structures. A building or structures other than the accessory building or structure. Manufactured Housing. A dwelling unit built in one or more sections and certified under the National Mobile Home Construction and Safety Standards Act of 1974. Masonry Wall. A wall or fence composed of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or combination of these materials laid up unit by unit and set in mortar. Mobile Home. Dwelling units which are partially or entirely built in a factory and then transported to an occupancy site. Mobile homes are the same as manu- factured housing, provided they are certified under the National Mobile Home Construction and Safety Standards Act of 1974. 5 Mobile Home Park. Same as Public Camp (Home Construc- tion and Safety Standards Act of 1974). Moratorium. A temporary halting or severe restriction on specified activities. Motel. A commercial land use consisting of the pro- vision of shelter on a short term basis with one or more buildings on the same lot containing guest rooms or dwelling units or both, usually individually and independently accessible from outside the building. Includes tourist court, motor lodge, motor hotel, or any other designation intended to identify the premises as providing for rental or overnight accommodation primarily•to motorists. No cooking facilities shall be permitted in any individual rooms. Nuisance. Anything that interferes with the use or enjoyment of property, endangers personal health or safety or is offensive to the senses. Nursing Home. Same as Convalescent Home, Rest Home. Open Space. A portion of a lot not included as lot coverage and does not include driveways. Parking Area Private. An area limited to the parking of motor vehicles of occupants and guests of dwellings, hotels, boarding houses, and the like; shall not in- clude streets, alleys, or public parking areas. Parkina Area, Public. An area improved to city stand- ards and available to the public, with or without charge, for short-term parking of motor vehicles; rriay include commercial or courtesy parking areas, but shall not include streets, alleys or private parking areas. Parkina Space Automobile. An area with minimum dimensions as established in the parking standards for a district, accessible and available for the parking of one automobile (exclusive of areas intended for other uses and exclusive of physical obstructions). Parkina Structure. A garage with more than one level of parking. Permitted Use. A use which is specifically authorized in a particular zoning district. It is contrasted with conditional uses which are authorized only if certain requirements are met and after review and approval. Plot Plan. A diagram of a lot showing the outline of all structures on the lot and their distance from the borders of the lot; same as a site plan. Recreational Building. A detached accessory building designed and used for entertainment anal recreation and is frequently a feature of multiple-family residen- tial developments. Recreational buildings are also permitted in two-family residential zones; not permitted in single-family zones. Recreational Vehicle. A vehicle for the conveyance and/or shelter of persons or goods for purposes of leisure time activities. A motor home, travel trailer, van, truck camper, camping trailer, boat, or off-the- road vehicle. 6 Rumpus Room. A room attached to and made a part of a main building or an accessory building, designed and used for entertainment and recreation. It shall consist of not more than one main room and may have toilet facilities and lavatory, but no shower or bathing facilities. There may be facilities for pre- paring food, but not a kitchen as defined in this chapter. A rumpus room shall not be construed as a Recreational Building. Second-hand Store. Any premises used for the sale or handling of used goods which are generally complete and useful by themselves and not part of a larger item and which are usually sold in the same form as when new, but at a substantially lower price. Second- hand store includes establishments for the sale or trade of used clothing, furniture, appliances, machinery or supplies. Swimming Pool. Any structure which is used or intended to be used for swimming, wading, and other similar and related recreation activities, whether located above or below ground level, which contains water in a depth greater than three feet (3') at any point. Use. The purpose for which land or building is oc- cupied, arranged, designed or intended; or for which either land or building is, or may be, occupied or maintained: Also the activity conducted on the land or in the building. Variance. A permit which grants a land owner relief from certain provisions of the zoning regulations when, because of the particular circumstances of a particular piece of property, the owner is deprived of privileges commonly enjoyed by other properties in the same vicinity or zone. Vehicle. A conveyance, with or without a motor, de- signed and utilized for transporting persons or goods. Wetbar. A fixed installation within a dwelling unit providing cold and/or hot water to a sink at a location other than the kitchen or laundry. Wetbar shall not include a stove, range, or similar appliances custom- arily identified with a kitchen. Zoning Amendment. A change in the zoning regulations or zoning map; also includes re-zoning. Zonina Map. The map portion of the zoning regulations delineating the boundaries of land-use districts which, along with the zoning text, comprise the zoning ordi- nance or zoning regulations. Section 4. The term "ACCESSORY LIVING QUARTERS" should be amended to read as follows: "...such quarters having no kitchen facilities or bathing facilities". Section 5. Severability. If any section, subsection, sub- division, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it 7 would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions, or the appli- cation thereof to any person or place, be declared invalid or un- constitutional. Section 6. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 15th day of December 1981, and finally ordered published at a regular meeting of said Council held on the 5th day of _ January 19g2, AYES: Councilmen Green, Morris, Rowe, Thompson, Byork NOES: None ABSENT: None John D. Byork, Mayor City of Lynwood ATTES'P : Laurene Coffey, Ci~ty,~ Clerk City of Lynwood APPRO D AS TG FORM: APPROVED AS TO CON~TaENT: / b~-~-~.t'~'t''L City Attorney Acting City Manager 8 STATE OF CALIFORNIA. ~ COUNTY OF LOS ANGELES 7 ss, I, the undersigned, City Clerl, of the City of Lynwood, and ex-officio clerk of. the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1148 adopted by tha City Council of the City of Lynwood, and. that the same teas passed on the date and by the vote therein stated, Dated. this 6th day cf - ._ Ja1]yiary 19 82, City''Cl~erk, Citp of L nwoo v (SEAL]