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Ordinance 0724 and 0725Ordinances No. 724 and 725 New Series Fire Zones - Prohibited Uses Ordinance No. 727 New Series ORDINANCE No. 724 NEW SERIES. AN ORDINANCE REPEALING CHAPTER 1 OF TITLE XI OF THE ALAMEDA MUNICIPAL CODE AND ADDING TO THE ALAMEDA MUNICIPAL CODE IN LIEU THEREOF A NEW CHAPTER TO REGULATE, RESTRICT AND SEGREGATE THE LOCATION OF INDUSTRIES, BUSINESS, TRADES, DWELLINGS AND OTHER SPECIFIED USES; TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILD- INGS HEREAFTER ERECTED; TO REGULATE AND DETERMINE THE AREA OF YARDS AND OTHER OPEN SPACES; FOR SAID PURPOSE TO DIVIDE THE CITY INTO DIS- TRICTS OR ZONES; TO DEFINE THE TERMS USED HEREIN; AND REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: SECTION 1. Chapter 1 of Title XI of the Alameda Municipal Code is hereby repealed and there is hereby adopted and added to said Alameda Municipal Code a new Chapter 1 of Title XI, which chapter shall be composed of articles and sections respectively numbered and entitled as hereinafter provided, and which shall read as follows: CHAPTER 1. ZONING DISTRICTS AND REGULATIONS. ARTICLE 1. CONSTRUCTION AND DEFINITIONS. Section 11 -111. This chapter establishes the law of this city respecting the subjects to which it relates. For the purpose of this chapter cer- tain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended. Section 11 -112. The term "USED" shall mean "arranged or designed for use, or used or in- tended to be used. " Section 11 -113. The term "OCCUPIED" shall mean "arranged or designed for occupation, or occupied or intended to be occupied." Section 11 -114. "ACCESSORY" shall mean a building or structure or use which is subordinate to, and the use of which is purely incidental to, that of the main building, structure or use on the same lot. Section 11 -115. "ALLEY" is a way which affords only a secondary means of access to abutting property. Section 11 -116. "APARTMENT" is a room or suite of rooms which is used or occupied by one family doing its cooking therein. Section 11 -117. "APARTMENT HOUSE" is a multiple dwelling, Section 11 -118. "AUTOMOBILE CAMP" is land or premises used or occupied, for compen- sation, by campers traveling by automobile or otherwise, or which is occupied by trailer coaches or movable dwellings, rooms or sleep- ing quarters of any kind. Section 11 -119. "AUTOMOBILE COURT" is a group of two or more buildings containing guest rooms or apartments with automobile storage space provided in connection therewith, which buildings are used primarily for the ac- commodation of automobile travelers, including groups designated as auto cabins, motor lodges, trailer camps or similar designations. Section 11 -1110. "BASEMENT" is a story partly under ground having at least one -half 11/2) of its height, measured from its floor to its finished ceiling, above ground. For the pur- pose of height regulations a basement shall be counted as a story if the vertical distance from grade to its ceiling is more than seven (7) feet six (6) inches, or if used for business or for dwelling purposes by other than a janitor or domestic servants employed in the same build- ing, including his or their family. Section 11 -1111. "BLOCK" is property abut- ting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right -of -way, or unsubdi- vided acreage. Section 11 -1112. "BOARD" or "CITY PLAN- NING BOARD" shall mean the City Planning Board created and established by Article X of the Charter of the City of Alameda. Section 11 -1113. "BOARDING HOUSE" is a dwelling, other than a hotel, wherein lodging or meals fcr four (41 or more persons is pro- vided for compensation. Section 11 -1114. "BUILDING" is a structure having a roof supported by columns or walls. Section 11 -1115. "BUILDING, MAIN" is a building in which is conducted the principal use of the lot upon which it is situated, Section 11 -1116. "BUNGALOW COURT" is a group dwelling. Section 11 -1117. "COURT" is an open, un- occupied space on the same lot with a building and bounded on two (2) or more sides by such building, or the open space provided for access to group dwellings on the same lot. Section 11 -1118. "DWELLING DISTRICT" or "RESIDENCE DISTRICT" shall refer, unless otherwise specified, to dwelling districts "A," Section 11 -1119. "DWELLING, ONE -FAM- ILY" is a building occupied exclusively by one 1) 1 family, and within which not more than three (3) persons are lodged or boarded for compensation at any one time. Section 11 -1120. "DWELLI NG, TWO -FAM- (LY" is a building occupied exclusively by two (2) families, living independently of each other as separate housekeeping units, and within which not more than three 13) persons, at any one time, are lodged or boarded for compensa- tion by each such family. Section I1 -1121, "DWELLING, MULTLIPLE" is a building occupied by three (3) or more families living independently of each other as separate housekeeping units, and within which not more than three (3) persons, at any one time, are lodged or boarded for compensation by each such family. Section I1 -1122. "DWELLING, GROUP" is a group or row of dwellings occupying a lot in one ownership and having a court in common, including bungalow courts and apartment courts, but not including automobile courts or trailer camps. Section 11 -1123. "FAMILY" is one or more persons, with necessary domestic servants, oc- cupying a building and living as a single, non- profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. Section 11 -1124. "GARAGE, PRIVATE" is an accessory building or portion of the main build- ing, for the storage only of not more than four (4) motor or self - propelled vehicles. Section 11 -1125. "GARAGE, PUBLIC" is any premises, except those herein defined as a private or storage garage, wherein motor ve- hicles are rented out to or hired by the public, or wherein any work is done on or repairs are made to motor vehicles, for remuneration. Section 11 -1125. "GARAGE, STORAGE" is any premises where more than four (41 motor vehicles are stored only. Section 11 -1127. "GRADE" shall mean: 1 I For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street; (2) For buildings adjoining more than one street, the average of the elevations of the sidewalk at centers of all walls adjoining streets; (31 For buildings having no wall adjoining the street, the average level of the ground (finished surface) adjacent to the exterior walls of the building. All walls approximately paral- lel to and `not more than -five (5) feet from a street line are to..be considered as adjoining a street. Section I1 -1128. "GUEST ROOM" is a room occupied by one or more guests, but in which no provision is made for cooking and not includ- ing dormitories for sleeping: purposes. Section 11 -1129. "HEIGHT OF BUILDING" is the vertical distance from the "Grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. Section 11 -1130. "HOME OCCUPATION" is a use carried on entirely within a dwelling by a resident thereof and which use is merely incidental to the residential use of such dwell- ing and not more than one (1) assistant is em- ployed in connection therewith. Section 11 -1131. "HOTEL" is a building or portion thereof containing six (6) or more sleeping rooms which are occupied for compen- sation by individuals and in which rooms no provision is made for cooking. Section 11 -1132. "JUNK YARD" is an area of more Than two hundred (200) square feet or any area on that half of any lot adjoining any street, but not more than fifty (50) feet from said street, which area is used for the storage of cast -off or salvage materials, or is used for the dismantling or wrecking of auto- mobiles or other vehicles or machinery; pro- vided that this definition shall not be deemed to include any use which is clearly accessory and purely incidental to a permitted use under the terms of this chapter. Section 11 -1133. "LCDGING HOUSE" is a boarding house. Section 11 -1134. "LOT" is land occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as may be re- quired under the provisions of this chapter, and having its principal frontage on a street. Section 11 -1135. "LOT, CORNER" is a let located at the junction of two (2) or more intersecting streets or bounded on two (21 or more adjacent sides by street lines, and the width of which, for the purposes of this chap- ter, shall be deemed not to exceed seventy -five (75) feet. Section 11 -1136. "LOT, REVERSED CORNER" is a corner lot which rears upon the side of another lot, whether across an alley or not. Section 11 -1137. "LOT, INTERIOR" is a lot other than a corner lot. Section 11 -1138. "LOT, KEY" is the first lot to the rear of a corner lot, the front line of such key lot fronting upon the side street for such corner lot. Section 11 -1139. "LOT, THROUGH" is an interior lot having a frontage on two 121 paral- lel or approximately parallel streets. Section 11 -1140. "LOT OF RECORD" is land held in one ownership as shown on the records of the County Recorder of Alameda County. Section 11 -1141. "LOT AREA" is the total horizontal area included within lot lines. Section I1 -1142. "LOT DEPTH" is the aver- age horizontal distance from the front lot line to the rear lot line measured in the general direction of the side lot lines. Section 11 -1143. "LOT WIDTH" shall mean the average horizontal distance between the side lot lines measured in the general direction of front lot line. Section 11 -1144, "LOT LINES" shall mean the lines bounding a lot as described herein or the established division lines between parcels of land, public or private. Section 11 -1145. "LOT LINE, FRONT" shall mean the line separating a lot from the street, in the case of an interior lot, and the line separating the narrowest street frontage from the street in the case of a corner lot. Section 11 -1146. "LOT LINE, REAR" is the lot boundary line which generally is oppcsite to the front lot line. Section 11 -1147. "LOT LINE, SIDE" shall mean any lot boundary line not a front lot line or a rear lot line. Section 1 1 - 1 148. "NON -C O N F OR M I N G BUILDING" is a building which does not con- form to the regulations prescribed for the use district in which it is situated or a building occupied by a non- conforming use. Section 11 -1149. "NON- CONFORMING USE" is a use that does not conform to the regula- tions prescribed for the use district in which it is situated, .Section 11 -1150. "ONE OWNERSHIP" is ownership of property, or possession thereof under a recorded contract to purchase, by a person or persons, association, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under a single or unified control. Section 11 -1151. "OWNER" shall be deemed to mean the person or persons, association, firm, corporation or partnership exercising "one ownership" as herein defined. Section 11 -1152. "STORY" is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, Section 11 -1153. "STORY, HALF" is an attic story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) oppo- site exterior walls are not more than four (4) feet above the floor of such story. Section 11 -1154. "STREET" is a public or private thoroughfare which affords the principal means of access to abutting property. Section 11 -1155. "STREET FRONTAGE" is that dimension of a lot or portion of a lot abutting on a street. Section I1 -1156. "STREET LINE" is the boundary line between a street and abutting property. Section 11 -1157. "STREET, SIDE" is that street bounding a corner lot and which extends in the same general direction as the line deter- mining the depth of the lot. Section 11 -1158. "STRUCTURE" is anything constructed or erected having location on the ground or attached to something having loca- tion on the ground. Section 11 -1159. "STRUCTURAL ALTERA- TION" is any change, addition or modification in construction in the supporting members of a building, such as exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, roof joists, rafters or trusses. Section 11 -1160. "USE" is the purpose for which a building or structure, land or anything on land may be designed, arranged, intended or maintained or for which it is or may be used or occupied. Section 11-1161. "YARD" is an open space, other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise in this chapter provided. Section 11 -1162. "YARD, FRONT" is a yard extending across the front of a lot between the inner side yard lines and having a depth equal to the shortest distance between the front lot line and the nearest line of the main building or of an inclosed or covered porch. Section 11 -1163. "YARD, REAR" is a yard extending across the full width of a lot and having a depth equal to the shortest distance between the main building and the rear lot line. Section 11 -1164. "YARD, SIDE" is a yard between the main building and the side lot line and extending from the front lot line to the rear yard and having a width equal to the shortest distance between the main building and the side lot line. ARTICLE 2. ESTABLISHMENT OF DISTRICTS GENERAL REGULATIONS. Section 11 -121, NAMES OF ZONING DIS- TRICTS. In order to classify, regulate, restrict and segregate the use of land and buildings, to regulate and restrict the location of buildings erected or altered for specific uses, to regulate and restrict the height and bulk of buildings hereafter erected or altered, and to regulate and determine the area of yards and other open spaces, the City of Alameda is hereby divided into ten 1101 use districts which are hereby designated as: "A" One - Family Dwelling District or "A" District; "A -I" One - Family Dwelling District or "A -1" District; "B" Two -to -Four Family Dwelling District or "B" District; "C" Multiple Dwelling District or "C" District; "D" Commercial District or "D" District; "E" General Business District or "E" District; "F" Central Business District or "F" District; "G" Light Industrial District or "G" District; "H" Heavy Industrial District or "H" District; "I" Unrestricted District or "I" District. Section 11 -122. DISTRICT MAP. The districts refered to in Section 11 -121 of this article are respectively bounded and described for the pur- poses of this chapter as they are shown upon the map attached to and adopted by Ordinance No. 725, New Series, of the City of Alameda, which map is sometimes referred to in this chapter as the "District Map," and said map and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and in- formation set forth by said map were all fully described herein. Section 11 -123. DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of any district shown on said District Map, the following rules, shall apply: 11) Where such boundaries are indicated as approximately following street and alley lines, such street and alley lines shall be construed to be such boundaries; (21 Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries; (3) In unsubdivided property or where a dis- trict boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on the District Map designating such boundary, shall be determined by the use of the scale appearing on such map; (4) In case further uncertainty exists, the City Planning Board, upon written application or upon its own motion, shall determine the location of such boundaries; (5) Where a public street or alley is legally vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley. Section 11 -124. DISTRICT REGULATIONS GENERALLY. No building shall be erected, re- constructed or structurally altered in any man- ner, nor shall any building or land be used for any purpose other than is permitted by the terms of this chapter in the district in which such building or land is located, Section 11 -125. EXCEEDING HEIGHT LIMIT FORBIDDEN. No building shall be erected, re- constructed or structurally altered to exceed the height limit herein established for the .district in which such building is located. Section I1 -126. LOT REDUCTIONS FORBID- DEN. No lot shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chapter. Section 11 -127. YARDS FOR EACH BUILD- ING. No yard or other open space provided about any building for the purpose of comply- ing with the provisions of this chapter shall be considered as providing a yard or open space . for any other buildings; provided, further, that no yard or open space oh: an adjoining lot shall be considered as providing a yard or open space on a lot whereon a building is to be erected. Section 11 -128. ONE BUILDING TO A LOT. Every building hereafter erected shall be located on a lot, and in no case shall there be more than one 111 main building on one lot, except as otherwise in this chapter provided. Section 11 -129. PENALTIES. In addition to the penalties provided in Section 1 -411 of this code, any building or structure, or any portion thereof, which is erected, reconstructed, al- tered or maintained, or any use which is main- tained on any premises in violation of any of the provisions of this chapter, is hereby de- clared to be a public nuisance and may be abated or enjoined in any manner provided by law. ARTICLE 3. DISTRICT USES AND REGULATIONS. "A" ONE- FAMILY DWELLING DISTRICT. Section 11 -131. "A" DISTRICT USES. In the "A" One - Family Dwelling District the following uses only are permitted: 111 One - family dwellings; (21 Museums, libraries, parks, playgrounds or community centers owned and operated by the City of Alameda; 131 Golf courses, country clubs, tennis courts and similar recreational uses, provided that any such use be primarily non- commercial; 141 Crop and tree farming; truck gardening; (51 Public schools; (6) Accessory buildings or structures on the same lot with any of the above uses, including one (I1 private garage or one (11 private stable for the keeping of not to exceed three (31 horses when located not less than sixty (601 feet from thc front lot lire nor less than ten (101 feet from any other street line, or a private garage constructed as a part of the main building; (71 Any accessory use customarily incidental to any of the above uses when situated in the same building and not involving the conduct of a business; (81 Any one of the following home occupa- tiors: cosmetology, dressmaking, fancywork, millinery, needlework; the office of an attorney, chiropodist, chiropractor, dentist, osteopath, physician or surgeon, thc studio of an artist or music teacher; 19) The following uses shall be permitted in the "A" District only upon the securing of a use permit in each case: la) Home occupations other than those specifically enumerated in Subdivision 8 of this section. Section 11 -132. REGULATIONS. The follow- ing regulations shall apply in the "A" One - Family Dwelling District: 111 Not more than one (1 1 home occupation shall be permitted in any dwelling. Section 11 -133. ADVERTISING SIGNS. No advertising sign, structure or device of any character shall be permitted in the "A" One - Family Dwelling District except: (1) a name plate or sign to advertise a home occupation the surface area of which shall not exceed two (21 square feet and containing no information other than the name of the person, the office hours and the type of such home occupation in letters not exceeding two and one -half 121/21 inches in height; or (2) a sign not exceeding six 16) square feet in area appertaining only to the lease, hire or sale of the building or premises on which such sign is located; pro- vided, further, that no such name plate or sign shall be permitted in the front yard or in the side yard between the front yard and the side lot line. No sign or name plate shall emit any flicker- ing, flashing or glaring light. When illuminated, any such sign or name plate or any device pro- ducing illumination thereof or thereon shall be so constructed that the rays of light directly projected therefrom shall not project in a line which will intercept the street level at a point beyond the center line of the street abutting on the lot whereon such sign or device is located. Section 11 -134. BUILDING HEIGHT LIMIT IN "A" DISTRICT, except as otherwise pro- vided in Article 5, is three (3) stories and not exceeding thirty -eight (38) feet in height. Section 11 -135. FRONT YARD'REQUIRED IN "A" DISTRICT, except, -as otherwise provided in Article 5, is fifteen (15) feet in depth. Section 11 -136. SIDE YARDS REQUIRED IN "A" DISTRICT, except as otherwise provided in Article 5, are five (5) feet in width on each side of a building; provided, however, that for a lot less than fifty (50) feet in width and held of record in one ownership on August 1, 1940, and where the owner thereof did not on said date own, and the owner at the time of construction thereon does not own, any land adjoining the sides of said lot, the side yard on each side of the building may be reduced to ten (10) per cent of the width of such lot, but shall not be less than three (3) feet in width. Section 11 -137. REAR YARDS IN "A" DIS- TRICT. 1. Except as otherwise provided in this sec- tion and in Article 5, there shall be a rear yard twenty (20)' feet in depth on all lots in the "A" District. 2. For a lot less than one hundred (1001 feet in depth and of record in one ownership on August 1, 1940, and where the owner thereof did not on said date own, and the owner at the time of construction thereon does not own, any land adjoining the rear yard of said lot, the following requirements shall apply: (al For a lot having a depth less than one hundred (100) feet and not less than eighty - five (85) feet, the rear yard may be reduced to fifteen (15) per cent of the depth of such lot; (b1 For a lot having a depth of less than eighty -five (85) feet, the rear yard shall be not less than ten (10) feet in depth; (c) The depth of the rear yard required in Subdivisions (a) and (b) above shall be in- creased by two (2) feet for each story in height that the main building on such lot exceeds one story. Section 11 -138. LOT AREA REQUIRED IN "A" DISTRICT is not less than four thousand (4000) square feet for each one - family dwell- ing. "A -1" ONE- FAMILY DWELLING DISTRICT. Section I1 -139. "A -1" DISTRICT USES. In the "A -1" One- family Dwelling District the following uses only are permitted; (1 I Uses permitted in the "A" District; (2) Nurseries or greenhouses for the pro- pagation or cultivation of plants; provided that no part of the premises shall be used primarily for the sale or display of the products there- from; (31 Two - family dwellings; 4) Accessory buildings, structures and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, including private garages when located not less than sixty (601 feet from the front lot line nor less than five (5) feet from any other street line, or _3_ when constructed as a part of the main build- ing. Section 11 -1310. REGULATIONS. The fol- lowing regulations shall apply in the "A -1" District: (1) The regulations specified in Section 11 -132. Section 11 -1311. ADVERTISING SIGNS. The provisions of Section 11 -133 relating to adver- tising signs shall apply in the "A -1" District. Section 11 -1312. BUILDING HEIGHT LIMIT IN "A -1" DISTRICT is the same as in the "A" District. Section 11 -1313. FRONT YARD REQUIRED IN "A -1" DISTRICT is the same as in the "A" District. Section 11 -1314. SIDE YARDS REQUIRED IN "A -1" DISTRICT are the same as in the "A" District. Section 11 -1315. REAR YARD REQUIRED IN "A -1" DISTRICT is the same as in the "A" District. Section 11 -1316. LOT AREAS REQUIRED IN THE "A -1" DISTRICT are: (1) Not less than four thousand (4000) square feet for each one - family dwelling; (2) Not less than five thousand 15000) square feet for each two - family dwelling. "B" TWO -TO -FOUR FAMILY DWELLING DISTRICT. Section 11 -1317. "B" DISTRICT USES. In the "8" Two -to -four Family Dwelling District the following uses only are permitted: (1) Uses permitted in the "A -1" District; (2) Two - family dwellings; (3) Multiple dwellings and group dwellings having accommodations for not more than four (4) families; provided that for each twelve hundred fifty (1250) square feet of lot area in excess of five thousand (5000) square feet, one (1) additional family accommodation is permitted; (41 Churches; (5) Boarding houses; hotels with not more than fifteen (15) guest rooms; (6) Private schools or child nurseries, includ- ing schools or nurseries where students or children are furnished with board or lodging; (7) The offices of physicians or surgeons, dentists, chiropractors, osteopaths and chiro- podists; provided that all entrances to such offices or to accessory business uses in the same building be from within the building only; (81 The following uses shall be permitted in the "8" District only upon the securing of a use permit in each case: (a) Rest homes, nursing homes and old people's homes having accommodations for not more than eight (8) inmates; (9) Accessory buildings, structures and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, including either a private garage or a storage garage having ac- commodation for not more than two (2) auto- mobiles for each family accommodation but for not to exceed eight 181 automobiles, when such private or storage garage is located not less than sixty (60) feet from the front lot line nor less than five (51 feet from any other street line, or when constructed as a part of the main building. Section 11 -1318, REGULATIONS: The fol- lowing regulations shall apply in the "B" Dis- trict: (11 The regulations specified in Section 11 -132. Section 11 -1319. ADVERTISING SIGNS. The provisions of Section 11 -133 relating to adver- tising signs shall apply in the "B" District; provided that the sign or name plate therein permitted may also contain the name of the premises and a description of any occupation or other lawful use conducted therein. Section 11 -1320. BUILDING HEIGHT LIMIT IN "B" DISTRICT is the same as in the "A" District. Section 11 -1321. FRONT YARD REQUIRED IN "B" DISTRICT is the same as in the "A" District. Section 11 -1322. SFDE . YARDS REQUIRED IN "B" DISTRICT are :the same as in the "A" District. Section 11 -1323. REAR YARD REQUIRED IN "B" 'DISTRICT is the same as in the "A" District. Section I1- 1324'. LOT AREAS REQUIRED IN "B" District are: (11 Not less than four thousand (4000) square feet for each one - family, two - family or group dwelling, or for any main building hav- ing living or sleeping quarters; (2) Not less than five thousand (5000) square feet for each dwelling or group dwelling having accommodations for from three (3) to four (4) families; (3) Not less than twelve hundred fifty (1250) square feet in excess of five thousand (53001 square feet for each family accommo- dation in a multiple dwelling or group dwelling in excess of four (4). "C" MULTIPLE DWELLING DISTRICT. Section 11 -1325. "C" DISTRICT USES. In the "C" Multiple Dwelling District the following uses only are permitted: (II Uses permitted in the "B" District; (21 Multiple dwellings, group dwellings; (31 Hotels, in which business may be con- ducted for the sole convenience of the occu- pants of the building; provided, however, that there shall be no entrance to such place of business except from the inside of the building; 14) Libraries, museums; (5) Private clubs, fraternities, sororities, lodges, excepting those the chief activity of which is a service customarily carried on as a business; (6) Rest homes, nursing homes, old people's homes, hospitals and clinics, excepting veterin- ary or animal hospitals and clinics; (71 Accessory buildings, structures and uses customarily incident to any of the above uses when located on the same lot and not involving the conduct of a business, including private and storage garages when located not less than sixty (60) feet from the front lot line nor less than five (5) feet from any other street line or when constructed as a part of the main building. Section 11 -1326. REGULATIONS. The fol- lowing regulations shall apply in the "C" dis- trict: (1) The regulations specified in Section 11 -132. Section 11 -1327. ADVERTISING SIGNS. The provisions of Section 11 -133 relating to adver- tising signs shall apply in the "C" District; provided that the sign or name plate therein permitted may also contain the name of the premises and a description of any occupation or other lawful use conducted therein. Section 11 -1328. BUILDING HEIGHT LIMIT IN "C" DISTRICT is six (61 stories and not exceeding seventy -five (751 feet. Section 11 -1329. FRONT YARD REQUIRED IN "C" DISTRICT is ten (10) feet in depth. Section 11 -1330. SIDE YARDS REQUIRED IN "C" DISTRICT are five (5) feet in width for a building three (3) stories in height or less and one (1) additional foot of width for each story above three (3). Section 11 -1331. REAR YARD REQUIRED IN "C" DISTRICT is fourteen (14) feet in depth for a building three (31 stories in height or less and two 21 additional feet of depth for each story above threei3l, Section 11 -1332. LOT AREA REQUIRED IN "C" DISTRICT is not less than four thousand (4000) square feet for any dwelling or for any main building having living or sleeping quarters. "D" COMMERCIAL DISTRICT. Section 11 -1333. "D" DISTRICT USES. In the "D" Commercial District the following uses only are permitted: 111 Uses permitted in the "C" District; (2) The usual retail business and commercial uses, trades and services, including stores, shops, offices, hotels and outdoor advertising; (3) Any other lawful use except those here- inafter in this section and in Sections 11 -1334 and 11 -1335 designated: Bakery, other than one whose products are sold only at retail on the premises; Beverage (soft drink) manufacture; Blacksmith or horse shoeing shop; Bottling works; Cabinet shop or woodworking shop; Cleaning or dyeing works; Creamery. Section 11 -1334. "D" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1333 and 11 -1335 shall be ex- cluded from the "D" District: Foodstuff manufacture or preparation other than manufacture or preparation for sale at retail only on the premises; Glass cutting, except where purely inci- dental to a permitted use; Ice plant or ice storage house of more than fifteen (15) tons daily capacity; Laundry; Livery stable or riding academy; Loft building; Market, wholesale; Mortuary; Milk bottling or distributing station, other than a retail business conducted on the premises. Section 11-1335. "D" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1333 and 11 -1334 shall be excluded from the "D" District: Public garage; Second -hand business; Storage of goods or materials; Tinsmith shop; Used -car lot; Wholesale business; Any use excluded from the "E" General Business District; Any kind of manufacture or treatment other than the manufacture or treat- ment of products clearly incidental to the conduct of a retail business on the premises. Section 11 -1336. "D" DISTRICT USES. In the "0" Commercial District a public garage shall be permitted, provided: (1) That it is incidental to the conduct of a gasoline service station, and covers not more than thirty (30) per cent of tho total ground space thereof, and is not closer than thirty (30) feet to any street line; or (2) That it is incidental to an automobile sales room where the major business is the display and sale of new automobiles by an authorized agency and where the area allowed for the repair of motor vehicles or the storage of used motor vehicles is not closer than thirty (30) feet to any street line, or to the front line of the building. Section 11 -1337. "D" DISTRICT USES. —USE PERMITS. The following uses shall be permitted in the "D" District only upon the securing of a use permit in each case: (11 Automobile camps, trailer camps (2) Gascline service stations; 13) Commercial recreation, entertainment or amusement uses including any such use or any other use where entertainers are employed; provided that a use permit shall not be re- quired when all portions of such use are distant one hundred (1001 feet or more from the boundary of any dwelling district; (4) Mortuaries; —4— 15) Used -car lots and parking stations. Section 11 -1333. REGULATIONS. The uses permitted in the "C" District upon the securing of a use permit are permitted in the "0" Dis- trict without such permit. Section 11 -1339. BUILDING HEIGHT LIMIT IN "D" DISTRICT is three (3) stories and not exceeding forty -five (45) feet. Section 11 -1340. FRONT YARD REQUIRED IN "D" DISTRICT is none, except where the frontage in a block is located partly in the "D" Commercial District and partly in a dwelling district, in which case the front yard depth and the side yard width on the street side of a corner lot shall be the same as is required in such dwelling district, Section 11 -1341. SIDE YARDS REQUIRED IN "D" DISTRICT for dwellings are the same as in the "C" District. No side yards are required for other buildings except on that side of a lot which abuts upon the side of a lot in a dwelling district, in which case there shall be a side yard of not less than four (4) feet in width. In any case, a side yard, if required for a building in the "D" District, shall be not less than three (3) feet in width. Section 11 -1342. REAR YARD REQUIRED IN "D" DISTRICT for dwellings is the same as in the "C" District. No rear yard is required for other buildings except where a lot abuts upon a dwelling district, in which case there shall be a rear yard of not less than ten (10) feet in depth. "E" GENERAL BUSINESS DISTRICT. Section 11 -1343. "E" DISTRICT USES. In the "E" General Business District the following uses only are permitted: (11 Uses permitted in the "D" District; (2) Any other lawful ifses except the fol- lowing: Animal hospital; Automobile assembly; Building materials yard; Clothing manufacture, factory or whole- sale; Carpet cleaning; Chemical laboratory; Cigar manufacture; Cigarette manufacture; Contractor's plant or storage yard; Cooperage works. Section 11 -1344. "E" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1343 and 11 -1345 shall be ex- cluded from the "E" District: Cosmetics manufacture; Draying terminal; Electric welding, except where purely inci- dental to a permitted use; Electroplating, except where purely inci- dental to a permitted use; Elevator, storage; Feed manufacture; Feed or fuel distributing or storage yard; Fruit canning or packing; Furniture manufacture; Lumber yard. Section 11 -1345. "E" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1343 and I1 -1344 shall be ex- cluded from the "E" District: Macaroni manufacture; Machine shop; Paint mixing, except where purely inci- dental to a permitted use; Poultry or rabbit raising, slaughter or live storage; Shoe manufacture; Stone cutting or polishing; Tinsmith shop; Any use which the City Planning Board or the Council shall determine is of the same general character as those enu- merated in this section and in Sections 11 -1343 and 11 -1344; Any use excluded from the "G" District, Section 11 -1346. REGULATIONS. The use permitted in the "D" District upon the securing of a use permit are permitted in the "E" District without such permit. Section 11 -1347. BUILDING HEIGHT LIMIT IN "E" DISTRICT is the same as in the "D" Commercial District. Section 11 -1348. FRONT YARD REQUIRED IN "E" DISTRICT is the same as in the "D" Commercial District. Section 11 -1349. SIDE YARDS REQUIRED IN "E" DISTRICT are the same as in the "D" Commercial District. , Section 11 -1350. REAR YARD REQUIRED IN "E" DISTRICT is the same as in the "D" Commercial District. "F" CENTRAL BUSINESS DISTRICT. Section 11 -1351. "F" DISTRICT USES. In the "F" Central Business District the following uses only are permitted: (1) Uses permitted in the "E" District. Section 11 -1352. REGULATIONS. The uses permitted in the "E" District upon the securing of a use permit are permitted in the "F" Dis- trict without such permit. Section 11 -1353. BUILDING HEIGHT LIMIT IN "F" DISTRICT is eight (8) stories and not exceeding one hundred (100) feet; provided that no building or portion of a building shall be erected to a height exceeding three (3) stories or forty -five (451 feet on any portion of a lot less than twenty (20) feet distant from any portion of a lot in a dwelling district. Section 11 -1354. FRONT YARD REQUIRED IN "F" DISTRICT is the same as in the "D" Commercial District. Section 11 -1355. SIDE YARDS REQUIRED IN "F" DISTRICT are the same as in the "D" Commercial District. Section 11 -1356. REAR YARD REQUIRED IN THE "F" DISTRICT is the same as in the "D" Commercial District. "G" LICHT INDUSTRIAL DISTRICT. Section 11 -1357. "G" DISTRICT USES. In the "G" Light Industrial District the following uses only are permitted: (1) Uses permitted in the "F" District; (2) Any other lawful uses except the fol- lowing: Acid manufacture; Alcohol or alcoholic beverage manufacture; Ammonia, bleaching powder or chlorine manufacture; Arsenal; Bag cleaning; Boiler works; Brick, tile, pottery or terra cotta manu- facture other than the manufacture of handcraft products only; Celluloid manufacture or treatment; Cement, lime, gypsum or plaster of paris manufacture. Section 11 -1358. "C" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1357, 11 -1359, 11 -1360, 11 -1361 and 11 -1362 shall be excluded from the "G" District: ' Central mixing plant for cement, mortar, plaster or paving materials; Chemical manufacture; Cotton gin; Crematory; Disinfectants manufacture; Distillation of bones, coal or wood; Dog pound; Dyestuff manufacture; Emery cloth and sandpaper manufacture; Explosives or fireworks manufacture or storage. Section 11 -1359. "G" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1357, 11 -1358, 11 -1360, 11 -1361 and 11 -1362 shall be excluded from the "G" District: Fat rendering; Fertilizer manufacture; Fish reduction or the curing, packing or storage of fish; Forge plant; Foundry or metal fabrication plant; Garbage, offal or dead animal reduction or dumping; Gas manufacture or storage; Glue, size or gelatin manufacture; Glass manufacture; Grease, lard or tallow manufacture or refining from or of animal fat. Section 11 -1360. "C" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1357, 11 -1358, 11 -1359, 11 -1361 and 1 1 -1 362 shall be excluded from the "G" District: Junk yard, except in a building enclosed on all sides or when completely enclosed within a solid fence, and subject, in each case, to securing a use permit; Lamp black manufacture; Linseed oil manufacture; Match manufacture; Oil cloth or linoleum manufacture; Oiled or rubber goods manufacture; Paint, oil, shellac, turpentine or varnish manufacture; Paper or pulp manufacture; Petroleum or its products, refining or wholesale storage of; Pickle manufacturing. Section 11 -1361. "G" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1357, 11 -1358, 11 -1359, 11 -1360 and 11 -1362 shall be excluded from the "G" District: Planing mill; Potash works; Power plant (steam); Pyroxlin manufacture; Rubber or gutta - percha manufacture or treatment; Salt works; Sauerkraut manufacture; Sawmill; Shipbuilding or shipyard; Shoe polish manufacture. Section 11 -1362. "G" DISTRICT USES. The following uses in addition to those set forth in Sections 11 -1357, 11 -1358, 11 -1359, 11 -1360 and 11 -1361 shall be excluded from the "G" District: Smelting of tin, copper, zinc, iron or other ores; Soap manufacture, other than liquid soap; Soda and soda compound manufacture; Stock yard or slaughter of animals: Stone mill or quarry; Stove polish manufacture; Sugar refining; Tanning, curing or storing of raw hides or skins; Tobacco, manufacture or treatment; Vinegar manufacture; Wool pulling or scouring; Yeast plant; And in general any use which may be obnoxious or offensive by reason of omission of odor, dust, smoke, gas, vibration or noise, or which may impose hazard to life or property. Section 11 -1363. REGULATIONS. The uses permitted in the "F" District upon the securing of a use permit are permitted in the "G" Dis- trict without such permit. Section 11 -1364. BUILDING HEIGHT LIMIT IN "G" DISTRICT is eight 181 stories and not exceeding one hundred (1001 feet, provided that no building or portion of a building shall be erected to a height exceeding three (31 stories cr forty-five 1451 feet on any portion of a lot less than twenty (201 feet distant from any portion of a lo* in a dwelling district. Section 11 -1365. FRONT YARD REQUIRED IN "C" DISTRICT is the same as in the "D" Commercial District. Section 11 -1366. SIDE YARDS REQUIRED IN —5— "G" DISTRICT are the same as in the "D" Commercial District. Section 11 -1367. REAR YARD REQUIRED IN "G" DISTRICT is the same as in the "D" Com- mercial District. "H" HEAVY INDUSTRIAL DISTRICT. Section 11 -1368. "H" DISTRICT USES. In the "H" Heavy Industrial District the following uses only are permitted: 111 Any use, except a residential use, not in conflict with any ordinance of the City of Alameda regulating nuisances; provided, how- ever, that for the establishment or the recon- struction, structural alteration, enlargement or moving of any of the following uses a use permit shall first have been secured in each case: Acid manufacture; Cement, lime, gypsum or plaster of paris manufacture; Distillation of bones; Explosives, manufacture or storage; Fat rendering; Fertilizer manufacture; Garbage, offal or dead animal reduction or dumping; Gas manufacture; Glue manufacture; Petroleum refining; Smelting of tin, copper, zinc, iron or other ores; Stockyard or slaughter of animals; Tannery. Section 11 -1369. DWELLINGS. — EXCEP- TIONS. In the "H" Heavy Industrial District one (1 1 one - family dweiling for a watchman or other employee of any establishment of a use permitted in the district may be provided as accessory to such use. No other dwelling shall be permitted unless a use permit shall first have been secured in each case. "I" UNRESTRICTED DISTRICT. Section 11 -1370. "I" DISTRICT USES. In the "I" Unrestricted District any lawful use is permitted. ARTICLE 4. NON - CONFORMNG BUILDINGS AND USES. Section 11 -141. NON - CONFORMING LAND USES. The lawful use of land existing at the time this chapter becomes effective, although such use does not conform to the provisions hereof, may be continued, but if such non- conforming use is discontinued for a period of twelve 1121 consecutive calendar months any further use of said premises shall be in con- formity with the provisions of this chapter. Section 11 -142. NON- CONFORMING BUILD- ING USES. The lawful use of a budding exist- ing at the time this chapter becomes effective may be continued, although such use does not conform to the provisions hereof, and such use may be extended throughout the building and may be changed to another non - conforming use of the same or more restricted classifica- tion, provided no structural alterations, except those required by law or ordinance, are made to such building; provided, further, that no additions or enlargements are made to such non - conforming huilding, nor shall repairs or alterations be made thereto to such an extent that the aggregate value of separate repairs or alterations shall exceed seventy -five (75) per cent of the assessed valuation of such building as shown on the records of the Assessor of the City of Alameda as of the date such build- ing first became a non - conforming building. Section 11 -143. RESUMPTION OF USE. If a building or any portion thereof is vacant at the time this chapter becomes effective such budding may be used for the purpose for which it was last lawfully used or for any purpose of the same or more restricted classification, subject, however, to the provisions of Section 11 -142. Section 11 -144. NON- CONFORMING BUILD- ING.— ALTERATIONS. Nothing in this chapter shall be deemed to prevent the structural alteration of a building.that is non - conforming only in respect to yard or height regulations and which lawfully so existed at the time this chapter becomes effective; provided that such alteration shall not be permitted if it consists of an addition, enlargement or any change whatever that wilHincreese the degree of non- conformity with the regulations of this chapter. Section 11 -145. REMOVAL OF A NON- CONFORMING BUILDING. If a non - conforming building is removed every subsequent use of the land on which such building was located shall be in conformity with the provisions of this chapter. Section 11 -146. NON - CONFORMING BUILD- ING CONSTRUCTION. — EXTENSION OF TIME. Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to September 20, 1940. Actual construction is hereby defined to be the actual placing of construction materials in their per- manent position fastened in a permanent man- ner; except that where a basement is being excavated, such excavating shall be deemed to be actual construction; or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demoli- tion and removal shall be deemed to be actual construction; provided that in all cases actual construction work shall be diligently carried on until the completion of the building or struc- ture involved, and provided, further, that if such construction work be not so carried on, or such building or structure be not com- pleted within one (1) year from September 20, 1940, or such further extension as the Council may grant, then such building or structure shall be constructed in accordance with, and made to conform to, all the provi- sions of this chapter for new buildings. Section 11 -147. NON - CONFORMING USES IN CHANCED DISTRICTS. The foregoing pro- visions of this article pertaining to non-con- forming buildings or to non - conforming uses shall also apply to buildings and uses which shall hereafter become non - conforming in any district by reason of a change of or in such dis- trict. The period for completion of construction specified in Section 11 -146 shall begin from the date of final passage of the ordinance making such change. Section 11 -148. RESTORATION OF BUILD- INGS. Nothing in this chapter shall he deemed to prevent the restoration of a building de- stroyed by fire, flood, wind, earthquake, ex- plosion or other casualty, or by the public enemy, to the extent of not more than fifty 1501 per cent of its value at the time of such destruction, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction; provided, however, that where a building is destroyed to such an extent that its total de- molition is required by the provisions of any ordinance of the City of Alameda, any future building or use shall conform to the provisions of this chapter. For the purpose of this section the "value" of a building shall be the estimated cost to replace the building in kind. Section 11 -149. NON - CONFORMING USE REQUIRING USE PERMIT. Any use for which a use permit is required or for which a use permit may be granted, as provided in this chapter, which use is lawfully existing at the time this chapter becomes effective, in any district in which such use is specifically permitted subject to the securing of a use permit, shall without further action be deemed to be a conforming use in such district. Section 11 -1410. NON - CONFORMING JUNK YARDS. Regardless of any other provision of this chapter, any junk yard which exists in any dwelling district shall be removed and the non-conforming use thereon shall be discon- tinued within a period of one (1) year after August 1, 1940. Regardless of any other pro- vision of this chapter, any junk yard lawfully existing in any district other than a dwelling district on August 1, 1940, shall, within one (11 year from such date, be either removed or be completely enclosed within a building or within a continuous solid fence not less than six (61 feet in height and in any case of such height as to screen completely all the opera- tions of such junk yard. Such fences shall com- ply with the front yard regulations applicable to the district in which situated. Whenever any district shall have been charged to a dwelling district from any other district the provisions of this section shall apply, and the date of removal or change of any non-conforming junk yard shall be within a period of one 111 year from the effective date of the ordinance effecting the change of such district. ARTICLE 5. GENERAL AREA, HEIGHT, YARD AND OPEN SPACE EXCEPTIONS. Section 11-151. EXCEPTIONS GENERALLY. The regulations of this chapter shall be subject to the exceptions and amplifications herein- after set forth in this article. AREA EXCEPTIONS. Section 11-152. AREA REQUIREMENTS. — EXCEPTIONS. The lot area requirements in any dwelling district shall bc subject to the follow- ing exceptions: (1) The lot area requirements for the "A," "A-I," "B" or "C" District shall not be deemed to prevent the construction of a one-family dwelling in the "A" or "A-1" District and of a one-family dwelling, a two-family dwelling, or a multiple dwelling or group dwelling having accornmcdations for not more than four (4) families, in the "6" District, or of a multiple dwelling or group dwelling in the "C" District, on any lot of record in one ownership on August 1, 1940, provided the owner of such lot did not on said date own, and the owner at the time of such construction does not own, any adjoining land. Section 11-153. PORTION OF ALLEY AS LOT AREA. In computing required lot area, one- half (1/2) the width, but not exceeding [en (10) feet, of any alley or portion thereof abut- ting any lot line may be included as part of the lot area for such computation. HEIGHT EXCEPTIONS. Section 11-154. PUBLIC BUILDING HEIGHTS. In districts having building height limits of thirty-eight (38) or forty-five (45) feet, a pubic or semi-public building, hospital, sani- tarium or school may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are increased one (11 additional foot for each foot such building exceeds the height allowed in the district. Section 11-155. HEIGHTS ON THROUGH LOTS. On a through lot located in two (2) districts with differing height limits, the fol- lowing regulations shall apply: A building may be erected to the greater permitted height when such lot is one hundred thirty-five (135) feet or less in depth, but for a lot having a greater depth than one hundred thirty-five (135) feet the greater height shall be permitted only on that half of the lot any portion of which is situated in the district having such greater height limit. Section 11-156, SPECIAL EXCEPTIONS TO —6 — HEIGHT LIMITS. Chimneys, towers, pent- houses, scenery lofts, sugar refineries, monu- ments, cupolas, domes, spires, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances of the City of Alameda. YARD, COURT AND OPEN SPACE EXCEPTIONS. Section 11 - 1 57 . FRONT YARDS.—VARIA- TIONS. Front yard requirements in dwelling districts are subject to the following excep- tions: (11 Where lots comprising forty (40) per cent or more of the frontage in a block are developed with buildings having front yards with a variation in depth of not more than six (6) feet, then the minimum front yard depth required for the remaining lots shall be equal to an average of the front yard depths of such developed lots within the six (6) foot variation. Should there exist in any block two different groups of developed lots with front yards within such six (6) foot variation, each group comprising forty (40) per cent or more of the frontage on such block, and resulting in two different computations of average front yard depth, then the front yard depth required for the remaining lots shall be the average of such computations; provided, further, that the front yard depth required for a corner lot, the side of which adjoins the side of a developed lot, shall not be greater than the average of the front yard depth of such adjoining lot and the front yard depth computed as hereinbefore provided. I n computing average front yard depths for the purpose of this section, the figure of thirty (30) feet shall be used for any front yard depth greater than thirty (30) feet; (2) For a lot, both sides of which adjoin lots developed with buildings, the required front yard depth shall be the average of the front yard depths of the adjoining lots. Section 11-158. DWELLINGS ABOVE STORES. Except as otherwise provided in the Building Code or the State Housing Act, the front and side yard requirements for dwellings shall be waived where dwellings are located above stores or shops; provided, however, that any yard requirement for the store or shop shall be observed in the construction of the upper dwell Mg. Section 11-159. SIDE YARD FOR DWELLING OF MORE THAN ONE FAMILY. For the purpose of side yard regulations any two-family dwell- ing or any multiple dwelling shall be considered as one building occupying one lot. Section 11-1510. SIDE YARD REGULATIONS, —REVERSED CORNER LOTS. Side yard regula- tions shall apply to all corner lots; provided, however, that the side yard width on the side street frontage of a reversed corner lot shall not be less than fifty (50) per cent of the front yard depth required on the lots in the rear of such corner lot, and no accessory build- ing on said corner lot shall project toward the side street beyond a line which is closer to the side street than the required front yard depth on the lots in the rear; provided, further, that this regulation shall not be so interpreted as to reduce the buildable width of a reversed corner lot of record in one ownership on August I, 1940, to less than twenty-five (25) feet, nor to prohibit the erection of an accessory build- ing where compliance with this regulation can not reasonably be had, provided the owner of such lot did not on said date own, and the owner at the time of such construction does not own, any adjoining land. Section 11-1511. GROUP DWELLINGS. — DISTANCES BETWEEN DWELLINGS. For group dwellings, the side of ore building shall not be closer to the side of any other building (ar- ranged "side by side") than six (6) feet; the rear of one building shall not be closer to the front or side of any other [pudding ("rear to front" or "rear to side" repectively),- or the side of ore building shall not be closer to the front of any other building (''side to front") than twenty (20) feet; provided that the distance between any two buildings as pre- scribed ir this section shall be increased by two (2) feet for each , in height that the higher building exce.e ante (1) story. Section 11-1512. CROUP DWELLINGS. — WIDTH OF SIDE YARD REARED UPON. For group dwellings rearing upon a required side yard, Such yard shall be ,increased in width by two (2) feet for each,,.'stery that the highest of such buildings exceeds two (2) stories in height. For the purpose of this regulation the minimum required side yard width shall be eight (81 feet. Section 11-1513. GROUP DWELLINGS. — WiDTH OF COURT. For group dwellings abut- ting on one side only of a court, the width of such court shell be npt less than one and one- half (11/21 times the width of the side yard as required in Section 11-1512; provided, further, that this width shall be not less than twelve (12) feet. Section 11-1514. GROUP DWELLINGS. — WIDTH OF COURT. For group dwellings abut- ting upor at least two (2) sides of a court, such court shall be not less than two and one- half (21/2) times the width of the side yard as required in Section 11-1513; provided, further, that this width shall be not less than twenty (20) feet. Section 11-1515. GROUP DWELLINGS. — REAR YARD. For group dwellings, the depth of the rear yard for the lot need not be greater than ten (10) feet when no dwelling of such group rears upon such yard. Section 11-1516. PORTION OF ALLEY AS REAR YARD. In computing the depth of a rear yard for any building where such yard opens on an alley, one-half (1/2) cf the width of such alley may be included as a portion of the rear yard; provided that in an "A," "A-1" or "6" District the depth of the rear yard actually on the lot shall be not less than ten (10) feet, nor less than five (5) feet in any other district. Section 11-1517. ACCESSORY BUILDING IN REAR YARD. An accessory building not ex- ceeding twelve (12) feet in height may occupy not more than one-third (1/3) of the area of a required rear yard. Section 11-1518. OBSTRUCTIONS IN YARDS AND COURTS. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed by any building or structure save and except as in this chapter otherwise provided. (1) The ordinary projection of sills, belt courses, cornices, buttresses and eaves shall be permitted in such yard or court; provided, how- ever, that sills and belt courses shall not extend into a minimum side yard more than four (4) inches and that cornices, buttresses and eaves shall not extend into a minimum side yard or court more than three (3) inches for each foot of width of such side yard or court, nor more than two 12) feet into a minimum front or rear yard. (2) Stairs from the ground to a porch, terrace or front entrance and not higher than six (6) feet from grade may project not to ex- ceed six (6) feet into a minimum front yard, (3)On a lot whereon the minimum front yard depth is determined accorcling to the for- mula prescribed in Section 11-157 an un- covered porch or paved terrace may extend into such front yard, provided such porch or terrace has its floor no higher than six (6) feet from grade and provided, further, that the same shall not project, in any event, beyond a line which is less than fifteen (151 feet from the front lot line. Steps from the ground to such porch or terrace may project not to exceed an additional six (6) feet into such front yard. (4) Uncovered porches or paved terraces ar-d steps from the ground to such porch or terrace may project into a minimum side yard, provided that any such porch or terrace shall have its floor no higher than three and one - half (31/2) feet above the adjoining ground level. (5) Uncovered porches or paved terraces may project not to exceed six (6) feet into a minimum rear yard, provided that such porch or terrace shall have its floor no higher than six (6) feet six (61 inches above grade. Stairs from the ground to such uncovered porches or paved terraces may project into such minimum yard; provided that such porch or paved terrace and the steps leading thereto shall not project, in any event, into a minimum rear yard beyond a line which is less than six (6) feet from the rear lot line. (6) An open -work railing no higher than three (3) additional feet may be placed around any such porch, terrace or stairs in a front, rear or side yard; provided that any such railing in a side yard shall be permitted by the Building Inspector only when the same is so placed or constructed as not to obstruct passage. (7) Open steel -work fire escapes projecting into a minimum yard or court not more than three and cne -half (31/2) feet, chimneys and flues projecting into such yard or court not more than twenty (20) inches, a hedge or self - supporting wall or fence not exceeding four (4) feet in height in any front yard or in the side yard between the front yard and the side lot line, and a hedge or self- supporting wall or fence not exceeding six (6) feet in height in any rear yard or other portion of a side yard, shall be permitted by the Building Inspector where the same are so placed as not to obstruct passage, light or ventilation. Section 11 -1519. CORNICE OVER STREET. No cornice shall project over the street line more than five (5) per cent of the width of such street, nor more than three (3) feet in any case. Section 11 -1520. FRONT YARDS ESTAB- LISHED BY ORDINANCE. The Council may establish by ordinance a uniform minimum front yard depth for all lots in any block. When so established, such minimum front yard depth requirements shall govern in such hlock and shall supersede any provisions of this chapter inconsistent therewith. The proceedings for the establishment of such uniform front yard requirements may be initiated by petition of the owner of property or by resolution of inten- tion of the City Council or the Board, upon notice, hearing and proceedings had as pre- scribed in Article 8 of this chapter. Section 11 -1521. BUILDINGS ADJACENT TO FUTURE STREETS. In no case shall any building be hereafter erected nor shall any use of land be conducted, except the use of land for agricultural purposes, so that the same will be closer to the right -of -way line of any street than any future right -of -way line or any build- ing line which is established for such street by any applicable ordinance. ARTICLE 6. ADJUSTMENTS, USE PERMITS, PROCEDURE. Section 11 -161, ADJUSTMENTS AND USE PERMITS IN GENERAL. (11 In order to prevent or lessen unneces- sary hardships or practical difficulties in spe- cific, exceptional cases where it is difficult or impossible to comply with the strict letter of the provisions of this chapter, adjustments or variances from the strict letter of the chapter may be made in such a way that the public health, safety and general welfare is secured and substantial justice done most nearly in accord with the intent and purpose of this chapter, 121 In order to provide a means of deter- mining whether, under such conditions as shall exist in any particular case, the location in _7_ certain districts of certain prescribed uses would be in harmony with the general purpose and intent of this chapter and consistent with the public interest, safety and general welfare, it is necessary to so administer this chapter that any of said uses shall first have secured a use permit before location in said districts. 13) The making of adjustments or the grant- ing of use permits under the provisions of this article shall be deemed and construed as administrative acts for the purpose of carrying out the intent and purpose of this chapter and shall not be construed as amendments of the provisions of this chapter or of the District Map which is a part thereof. (4) As a condition for the making or grant- ing of any adjustment or for the granting of a use permit, such regulations, limitations or conditions may be imposed as shall be deemed necessary for the protection of the public interest. Any violation of such regulations, limitations or conditions shall automatically in- validate and revoke the adjustment or use permit. 15) Subject to the right of appeal to the City Council as hereinafter provided and within the limitations prescribed in this article for the making of adjustments or the granting of use permits, respectively, the power to make such adjustments and to grant use permits is hereby vested in the City Planning Board. The Board shall not have the power to change the District Map or the classification of property as shown thereon nor to make any change in the regula- tions contained in this chapter, but shall have pcwer only to make such adjustments and to grant such use permits as are specified herein- after in this article. Section 11 -162. ADJUSTMENTS. The powers referred to in Section 11 -161 shall include the following: (1) To interpret the provisions of this chap- ter, including regulations, uses permitted in any district and the district boundaries of the District Map; (2) To interpret and vary the application of the area, yard and open space regulations; (3) To permit the extension of a use into a more restricted district, where the district boundary line divides a lot in one ownership on August 1, 1940; (4) To permit a private garage as an acces- sory building in a front yard, side yard or court; (5) To permit the erection of a multiple dwelling in the "8" District on a lot having less than the required lot area. Section 11 -163. USE PERMITS. The powers referred to in Section 11 -161 shall include the following: (1) To grant use permits for any of the uses or purposes for which such use permits are required or permitted by the provisions of this chapter; (2) To permit governmental, public utility or public service uses and structures in any district when found to be necessary for the public health, safety, convenience or welfare; (3) To permit in any district commercial excavating, production or removal of natural materials; (4) To classify as a conforming use any institutional use existing as a non - conforming use in a district at the time of the establish- ment of such district; (5) To permit the location, reconstruction or enlargement of the following uses in a dis- trict from which they are otherwise prohibited by the provisions of this chapter: Airport, li- brary, museum, community center, church, school, hospital, institution of an educational, philanthropic or charitable nature, riding aca- demy, automobile or trailer camp, cemetery, crematory, mausoleum and any other place for the disposal of the human dead, Section 11 -164. USE PERM ITS. The powers referred to in Section 11 -161 shall include the following; (1) To permit a temporary building for corn - merce or industry in a dwelling district for a period of not more than one (1) year, when the use thereof is incidental to the residential development of the district; (2) To permit the construction of a storage garage building on a )vacant lot in the "C" District when the use',thereof is primarily for the convenience of the occupants of adjacent buildings; (3) To permit a public garage in the "0" district when deemed necessary for, the public convenience; (4) r To permit automobile courts or trailer camps in the "B" and "C" Districts. Section 11 -165. USE PERMITS. — GASOLINE SERVICE STATIONS. — CONDITIONS. Use per- mits for gasoline service stations in the "0" Commercial District shall be governed by the following additional regulations: 11) Whenever a gasoline service station is located on premises which adjoin a dwelling district, open spaces shall be maintained on such premises as follows: (a) An open space ten (101 feet in width along all portions of such premises which adjoin the rear yard of a lot in a dwelling district; 1b) An open space fifteen (15) feet in width along all portions of such premises which adjoin the side yard of a lot in a dwelling district; 12) The open spaces required by this section shall be maintained unoccupied and unob- structed; provided, however, that lawn, shrub- bery and trees, and a hedge or self- supporting wall or fence not exceeding six (6) feet in height, shall be permitted in such space; pro- vided, further, that such hedge, wall or fence shall not exceed three and one -half (31/2) feet in height in the portion of such open space which projects towards the street beyond the inner line of the front yard of the ad- joining lot or lots; (3) The regulations set forth in this section shall be deemed incorporated in each such use permit and shall be in addition to such other regulations and conditions as may be imposed pursuant to the provisions of Subdivision 4, of Section 11 -161 of this chapter. ARTICLE 7. PROCEDURE FOR ADJUSTMENTS AND USE PERMITS. Section 11 -171. APPLICATIONS. — PRO- CEDURE GENERALLY. The procedure provided in this article shall govern applications for and the making or granting of adjustments or use permits specified in Article 6, or elsewhere provided for in this chapter. Section 11 -172. APPLICATION. — FEES. Application for an adjustment or use permit shall be made to the City Planning Board in the form of a petition signed by the owner or by his agent duly authorized in writing, and shall be presented to the City Clerk. The appli- cant shall pay to the City Clerk a filing fee of five (5) dollars, no part of which shall be re- funded. Section 11 -173. CONTENTS OF PETITION. Such petition shall set forth the details of the adjustment or use permit - applied for and shall be in such form and contain such other information as the Board may prescribe. Section I1 -174, FILING AND HEARING. If said petition is fcund to be properly prepared and the filing fee paid, the City Clerk shall file the petition and refer the same, together with any accompanying data, to the Secretary of the Board. Thereupon said petition shall some on for a public hearing and determination by the Board as hereinafter provided. Unless notice of appeal be filed withir the time and in the manner herein provided, the action or decision of the Board in such matter shall be final and concl us ive. Section 11 -175. TIME AND NOTICE. The Secretary of the Board shall fix a day for such hearing which, unless otherwise directed by the Board, shall be at its first regular meet- ing occurring after the expiration of the period prescribed for the giving of notice. Notice of hearing on such petition shall be given for the time and in the manner prescribed in Sub- division 2, of Section 11 -1811, of Article 8. Section 11 -176. NOTICE OF DECISION. Written notice of the action or decision of the Board on any such petition shall be given to the petitioner within two (21 days from the date of such action or decision by personal service or by depositing such notice in the United States Post Office at Alameda, Cali- fornia, enclosed in a sealed envelope, with postage thereon prepaid, addressed to the petitioner at the address stated in his petition. No si_{ch notice need be given if the petitioner is present at the hearing at which the action or decision of the Board is made. Section 11 -177. APPEALS. The applicant for an adjustment or use permit, or any property owner claiming to be adversely affected by the action or decision of the Board on any such petition, may, within three (3) days from the date of such action or decision, appeal to the City Council by filing with the Secretary of the Board a written notice of appeal, signed by such person and stating the address of appel- lant. The appeal shall come up for hearing before the Council at its first regular meeting occurring not less than four (4) days next after the filing of such appeal. Notice of such hearing shall be iven to the petitioner, if he Te O- firmr -f ah n the appellant; within two (2) "days from the date of (rTiin_of such notice appea , an:o erwise in the manner prescribe. in Section I 1 -176 of this article. Section I1 -178. HEARING ON APPEAL. When an appeal has been filed, the Secretary of the Board shall submit to the Council all the records, data and files pertaining to the matter, together with a copy, certified to be correct, of the action or decision of the Board. The Council shall hear the appeal and may affirm, modify or reverse, in whole or in part, the action or decision of the Board. The deter- mination of the Council on such appeal shall be final and conclusive. Section I1 -179. CONTINUANCES. If for any reason the hearing before the Board or the Council, as the case may be, can not be com- pleted on the day set for such hearing the same may be continued from time to time and the president, or other member of said Board or Council presiding at such hearing, may, before the adjournment or recess thereof, publicly an- nounce the time and place at which such hear- ing will be continued, and such announcement shall serve as sufficient notice of such con- tinuance and no other or further notice need be given. Section 11 -1710. BUILDING PERMIT. In all cases where the Board has allowed an adjust- ment or granted a use permit, the Building In- spector, at the expiration of the time provided in Section 11 -177 for the filing of notice of appeal, may issue a building permit for the construction, reconstruction or alteration of the building or structure or the doing of any work in accordance with the action or decision of the Board. If notice of appeal has been filed as herein provided no such permit shall be issued in connection with such matter until the appeal shall have been decided by the Council. ARTICLE 8. AMENDMENTS AND PROCEDURE. Section 11 -181. PROCEDURE ON AMEND- MENT. The procedure prescribed in this article is hereby established as the exclusive procedure for amending, supplementing or changing the provisions of this chapter or of any ordinance amendatory thereof or supplemental thereto, 8 Anything in the General Laws of the State of California or in this article to the contrary notwithstanding, the provisions of this chapter or of any ordinance amendatory thereof or supplemental thereto may be amended, sup- plemented or changed by ordinance enacted pursuant to the provisions of Article III of the charter of the City of Alameda. Section 11 -182. ALTERNATIVE PROCEDURE. The City Council may from time to time re- classify any lot or parcel of land, or change the boundaries of districts as shown on the District Map, or otherwise amend, supplement or change the regulations of this chapter or of any ordinance amendatory of or supplemental thereto, in accordance with the alternative procedure hereinafter in this article prescribed. Such reclassifications, amendments or changes may be initiated, (a) by the Council, or (b) by the City Planning Board, or (c) by petition of the owner of property proposed to be so changed or reclassified as specified in Section 11 -184. Section 11 -183. CHANCES ON INITIATIVE OF COUNCIL OR BOARD. If such reclassifica- tion. amendment or change be initiated by the Council or by the Board the following pro- cedure shall be followed: The Council or the Board, as the case may be, shall pass a resolution of intention briefly describing the particular parcel or parcels of land involved for reclassification or generally referring to the district or districts involved by reference to the section or sections of the District Map, and stating in general terms the nature of the proposed reclassification or change. At the time of the adoption of such resolution the Council or Board shall fix the time for a hearing thereon before the Board and shall prescribe the manner of giving notice thereof, which notice shall be given in either or both of the manners prescribed in Section 11 -1811. Section 11 -184. PETITION FOR CHANGE BY OWNER. The owner of any property may petition the City Council to reclassify any lot or parcel of land, or change the boundaries of any district established by Ordinance No. 725, New Series, or any regulation established by this chapter, affecting his property, by pre- senting to the City Clerk a petition signed by the owner and setting forth the following in- formation: (1) The name in full of the owner or owners; (2) His or their residence address; (3) A description of the property sought to be reclassified; (4) An accurate diagram of said property, showing the location of all buildings thereon, the type thereof and their use; (5) Such other information as the Board may prescribe. If the owner acts through an agent, written authorization so to act, signed and acknow- ledged by the owner, shall be attached to the petition. Section 11 -185. FILING FEE. At the time of presenting such petition the petitioner shall pay to the City Clerk the sum of twenty (201 dollars, no part of which shall be refunded. Section 11 -186. FILING AND HEARING. If said petition is found to be properly prepared and the filing fee paid, the City Clerk shall file the petition and refer the same to the Secretary of the Board. Thereupon, said petition shall come on for public hearing by the Board at its first regular meeting occurring after the expiration of the period prescribed for the giving of notice. Section 11 -187. NOTICE. Unless otherwise directed by the Board, Notice of Hearing on such petition shall be given for the time and in the manner prescribed in Subdivision 2, of Section 11 -1811 of this article. Section I1 -188. RENEWAL OF PETITION. When the City Council shall have denied an owner's petition for reclassification or other change, the City Clerk shall not thereafter ac- cept any other petition for the same reclassifi- cation or change affecting the same property, or any portion thereof, until the expiration of one (11 year from the date of such previous denial. Section 11 -189. HEARINGS. AM proposals for reclassification of 'property or changes in district boundaries or amendments of the regu- lations prescribed in this chapter when initiated under the: alternative procedure provided in this article, shall be set'for public hearing as follows:' 11) The City Planning Board shall hold a public hearing thereon at the time fixed there- for and after the hearing has been completed shall transmit its report and recommendation on the matter and all other pertinent records or data to the Council; (2) If for any reason the hearing can not be completed on the day set for such hearing the same may be continued from time to time and the president or other member of said Board presiding at such hearing may, before the adjournment or recess thereof, publicly an- nounce the time and place at which such hearing will be continued, and such announce- ment shall serve as sufficient notice of such continuance and no other or further notice need be given; (3) The Board shall act on any matter refer- red to it or coming before it for hearing under the provisions of this chapter within forty (401 days from the date of filing of the petition or of the adoption of the resolution of inten- tion. Failure of the Board to act on any such matter within such period, or such further ex- tension as the Council may grant, shall auto- matically and immediately refer the whole matter to the Council for such action as it may deem warranted. In the event of such fail- ure to act on the part of the Board, the Secre- tary of said Board shall immediately deliver to the Council all the records and files on the matter involved. Section 11 -1810. COUNCIL ACTION. The report and recommendation of the Board on matters referred to in this article shall be ad- visory only. After receipt of the report and recommendation of the Board the City Council shall act thereon and may approve, modify or disapprove the same and may adopt an ordi- nance effecting such reclassification, amend- ment or change in such form as it may deter- mine. Changes in the boundaries of any dis- trict or reclassification of any lot or land may be made by ordinance referring only to the section or sections of the District Map affected by such changes, or by description in the amending ordinance. Section 11 -1811. NOTICE OF PUBLIC HEAR- ING. Notice of any public hearing to be held under the provisions of this chapter shall be given by the Secretary of the Board in either or both of the following manners: (1) By one ( 1) publication at least ten (10) days before such hearing in a news- paper of general circulation printed and pub- lished in the City of Alameda. Such notice shall contain a brief description of the particular parcel or parcels of land involved for reclassifi- cation or a general reference to the district or districts involved by reference to the section or sections of the District Map, shall state in general terms the nature of the proposed change, refer to the petition or resolution of intention for further particulars, and state the time and place at which a public hearing on the matter wit be held; (2) By posting, at least seven (7) days be- fore such hearing, three (3) notices on each side of that portion of any street on which the property described in the petition cr resolu- tion of intention has street frontage and which lies between the nearest intersecting or inter- cepting street or streets bounding the "block" in which such property is situated, and one notice on each such intersecting or intercept- ing street or streets; provided, however, that such posting need not be made along or on any portion of any such street which is distant more than three hundred (300) feet from the exterior limits of the property involved. Such notice shall consist of the words "Notice to Change Zone" or, in case of applica- tion for adjustment or use permit, "Notice of Proposed Adjustment or Use Permit," printed in plain type with letters not less than one (1 ) inch in height, and shall contain a statement in small type setting forth a brief description of the property described in the petition or resolution of intention, stating in general terms the nature of the proposed reclassification, change, adjustment or use permit, referring to the petition or resolution of intention for further particulars and stating the time and place at which a public hearing on the matter will be held. (3) In computing the period which must elapse between the date of publication or posting and the day of hearing, the date of hearing shall be excluded and the date of publication or posting shall be included. Sections 11 -1812. INVESTIGATIONS. The Board or the Council may cause to he made by its own members, or by city employees or other lawfully authorized persons, such in- vestigation of facts bearing upon any petition or matter set for hearing as will serve to provide all necessary information to assure action in every case consistent with the pur- poses of this chapter and with previous amend- ments, adjustments or use permits. Section 11 -1813. INTERPRETATION, PUR- POSE AND CONFLICT. In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the protection and promotion of the public health, safety, comfort, convenience and gen- eral welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreement be- tween parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or prem ses or upon the height of buildings, or requires larger yards or open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern. ARTICLE 9. CERTIFICATE OF OCCUPANCY. BUILDING PERMITS AND PLATS. Section 11 -191. CERTIFICATE OF OCCU- PANCY. No vacant land shall be used or oc- — 9_ cupied and no building hereafter erected, re- constructed, converted or structurally altered shall be used or occupied until a certificate of occupancy shall have been issued by the Building Inspector. ( 1) CERTIFICATE OF OCCUPANCY FOR LAND. A certificate of occupancy for the use of vacant land, or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this chapter. (21 CERTIFICATE OF OCCUPANCY FOR A BUILDING. A certificate of occupancy for a new building or the alteration, conversion or reconstruction of an existing building shall be applied for coincident with the application for a building permit. Upon completion of the building, the Building Inspector shall, within three (3) days after a request therefor has been filed by the owner or his agent, issue a certificate of occupancy for such building if after inspection it is found that such building complies with the provisions of this chapter and all other requirements of law or ordinances applicable thereto. A temporary certificate of occupancy may be issued by the Building In- spector for the temporary use of a portion of a building prior to the completion and occu- pancy of the entire building. (3) The certificate of occupancy shall state, in addition to whatever may be required by other law or ordinances, that the building or proposed use of the building or land com- plies with all the building and health laws and ordinances and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the Build- ing Inspector, and copies shall be furnished on request to persons having a proprietary or tenancy interest in the building or land af- fected. Section 11 -192. BUILDING PERMITS. Before commencing any work pertaining to the erec- tion, alteration, conversion, moving, recon- slruction of or addition to any building or structure, a permit for each separate building or structure shall be secured from the Building Inspector, and it shall be unlawful to com- mence said work unless said permit shall have been obtained. No such building permit shall be issued contrary to the provisions of this chapter or other ordinances or law. The issu- ance of a building permit under this chapter or any other law or ordinance of the City shall not be deemed or construed to permit or author'ze any violation of any of the provisions of this chapter, or any amendments thereto, or of any other ordinance or law, and any permit or license issued in violation of such provisions is hereby declared to be null and void. Section 11 -193. PLATS. Each application for a building permit shall be accompanied by, a drawing or plat, in duplicate, showing the lot plan, the location of ,'the building on the lot, accurate dimensions of building and lot and such other information as may be necessary to provide for the enforcement of these regu- lations. A careful record of the original copy of such applications ancr plats shalt be kept in the office of the Buiiding Inspector and a duplicate copy shall be kept at the building at all times during construction. SECTION 2. All temporary or revocable per- mits heretofore granted under the provisions of Ordinance No. 370, New Series, as amended, for uses in districts wherein such uses are not permitted under the terms of this chapter are hereby revoked and annulled. SECTION 3. The following ordinances of the City of Alameda, to wit: Ordinance No. 227, New Series, adopted January 2, 1923, Ordinance No. 370, New Series, adopted July 3, 1928, and Ordinances No. 379, New Series, No. 392, New Series, No. 453, New Series, No. 552, New Series, No. 558, New Series, No. 587, New Series, No. 610, New Series, No. 614, New Series, No. 630, New Series, No. 635, New Series, No. 637, New Series, No. 695, New Series, and all other ordinances amendatory thereof to the extent that they are inconsistent herewith, are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: LOREME R. City Clerk. HENRY A. WEICHHART, Presiding Officer of the Council. BEATIE, I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adoptet and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of August, 1940, by the following vote, to -wit: AYES: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2) st day of August, 1940. (SEAL) LOREME R. BEATIE, City Clerk of the City of Alameda. ORDINANCE No. 725, NEW SERIES. AN ORDINANCE ADOPTING A DIS- TRICT MAP FOR THE PURPOSE OF BOUNDING AND DESCRIBING THE USE DISTRICTS OF THE CITY OF ALAMEDA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: SECTION 1. For the purpose of bounding and describing the use districts referred to in Chapter 1, of Title XI, of the Alameda Muni- cipal Code, the Section Maps hereinafter adopted and the Districts hereinafter described are hereby declared to constitute the District Map of the City of Alameda, and the Use Districts referred to in said Chapter 1, of Title XI, of the Alameda Municipal Code are hereby established and the boundaries thereof fixed as such districts are bounded and de- lineated, or otherwise described, on said Sec- tion Maps and said descriptions hereinafter adopted. The Section Map attached hereto and desig- nated as "Section 1" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. SECTION 2. The Section Map attached here- to and designated as "Section 2" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. — 10 — SECTION 3. The Section Map attached hereto and designated as "Section 3" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. SECTION 4. The Section Map attached hereto and designated as "Section 4" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. SECTION 5. The Section Map attached hereto and designated as "Section 5" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. SECTION 6. The Section Map attached hereto and designated as "Section 6" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda. SECTION 7. The sheet attached hereto de- scribing certain territory in the City of Ala- meda, and designated as "Section 7" is hereby adopted and declared to constitute a part of the District Map of the City of Alameda and the territory therein described is hereby estab- lished as located in the "H" Heavy Industrial District. SECTION 8. The sheet attached hereto de- scrbing certain territory in the City of Ala - meda, and designated as "Section 8 ", is hereby adopted and declared to constitute a part of the District Map of the City of Alameda and the territory therein described is hereby es- tablished as located in the "I" Unrestricted District. SECTION 9. All territory within the corporate boundaries of the City of Alameda not other- wise specifically shown on said District Map or otherwise by this ordinance classified or established as being located in any •other specific use district is hereby classified and established as located in the "A" One - family District; provided, however, that, subject to the provisions of Subdivision (51, of Section. 11 -123, Chapter 1, Title XI, of the Alameda Municipal Code, such portions of said territory which are comprised siithin the limits of any public street or thoroughfare, duly dedicated and accepted or condemned for use as such, and all such portions comprising navigable waters over publicly owned, lands, are hereby established as located - in'the "I" Unrestricted District. SECTION 10. The title sheet of the District Map attached hereto and entitled "City of Alameda— District Map" and including the "Key to Sections of the District Map" and "District Legend" shown thereon, is hereby adopted and made a part of the District Map of the City of Alameda. SECTION 11. This ordinance shall be in full force and effect on and after the effective date of that certain ordinance of the City of Alameda No. 724 entitled: "An ordinance repealing Chapter 1 of Title XI of the Alameda Municipal Code and adding to the Alameda Municipal Code in lieu thereof a new chapter to regulate, restrict and segregate the location of industries, business, trades, dwellings and other specified uses; to regulate and limit the height and bulk of buildings hereafter erected; to regulate and determine the area of yards and other open spaces; for said purpose to divide the city into districts or zones; to define the terms used herein; and repealing all ordinances in conflict herewith." — I I CITY OF ALAMEDA DISTRICT MAP ADOPTED BY ORDINANCE NO. 725 N. S. DISTRICT LEGEND 1 FAMILY DWELLING DISTRICT .A-1. I FAMILY DWELLING DISTRICT,' (PERMITS 2 FAMILY DWELLING ON sow, SQ. Fr Lo0 .12 2to4 FAMILY DWELLING DISTRICT MULTIPLE DWELLING DISTRICT 'Y. COMMERCIAL DISTRICT 'F.' GENERAL BUSINESS DISTRICT 'F" CENTRAL BUSINESS DISTRICT •G' LIGHT INDUSTRIAL DISTRICT 'I-1' HEAVY INDUSTRIAL DISTRICT V,//1 AAA KEY TO SECTIONS OF THE DISTRICT MAP 0 NAVAL AIR BASE SECTION 6. A 1. SECTION I. A SECTION 2. A SECTION 3 0 A SECTION 4. B AY 0.0 ARM \ ',SECTION SECTION S. n. t\k tit. AND VE, -- 1 2 -- A f2 SjECTION 1 OR MANCE NO 125 N. YYiZ///ZZ/Z/Z - 14- GOVE2NMENT ISLA M A I N C H A N N EL � � � j � � � i' �f � '. � l✓ i 111 , � TTJU % lIT% % / %% / %l T�J • rorrA i 1 1 ■ i /// SECTION 3 O SOINANCE NO 775 N.5 ,0 Gt ■ Y..;//? reZi IT IT ♦A, 7 i ■ 1 ■ eA rA / /// // / / i / / / //• /// / / /// OA FA eirA ■ A re-Ai r, rA SAN ANTONIO /// / /// /// / / / /// SAN J S. //////, / / /// rrivrzo. rtsg taws r":0/0/4 009- (roil W70" .774,:#0011 re.„„em reArffeettiretej Ar/d'Aedir re row Aso VET 00 IW 0 lw 400 6C0 609 0 CITY OF CYAKLANO CITY OF ALAMEOA ST • • r SA CLAN V•7 1"; oPp rta • AY[ 4 AV CITY OF OAKLAND CITY OF ALAMEDA J SCALE IN FEET 0 100 0 200 400 600 w 1 �A — 15 — 64 5, 2lE214EAO 41410 E1/454/E4610 -HARRISON 5T. V. AN IV G Ar CLEM N AVE. A A Vi irNAt2iNA 4 / / /// / /// / / * %// �Y // / r V0 // �/ // / A / / // SECTION 4. ORDINANCE Na 725 N.S. O N .41 SA NTA / // // A CENTR1 AL ed C SOUP n. 71.rI,�7Mp . / /��„t_ /// / � j/2 i /// / / /// // / /// //% VA // / / // /a0 // SHIVG70N / ST // # //�/////04 /// / // / / / 4� r/ / / / //l r ,/ ///1F-7777,1 -- /// ✓ //, // / /// / / //� 1////1 //, war_ C / / / / / //, /// A OLIN / / ✓ /./ I� / / // // / A AN Jc 0 0 // c� /// // // • / //1 %</ / / /, /i s / // f'< • • • /• V 0 GMn // / / / /// / // / / / /// / / / / / / /// / AV / / / / / / %// ///7///E// . AV / / ////// // /// / / / / /// / /4 4��NT2AL �� 4 0 A V 4 // // // // // / / / r Q ij T - 16- SECTION 5. ORDINANCE NO. 775N S. - 1 7_ SECTION 7. The following described areas in the City of Alameda shall be, and the same are hereby, established as located in the "H" Heavy In- dustrial District: la) All that portion of Government Island, in Brooklyn Basin, sometimes known and desig- nated as the Estuary of San Antonio, which is situated Westerly of a straight line running through the Point of Commencement herein- after described, and which line runs North 35° 38' 32" East and South 35° 38' 32" West from said Point of Commencement. Said Point of Commencement is located as follows: BEGINNING at a point on the center line of Dennison Street produced Southwesterly, said point being distant thereon South 83° 07' West 1703.55 feet from the point of intersection of the center line of Dennison Street with the center line of King Street in the City of Oakland, and running thence North 85° 58' West a distance of 283.01 feet to a point, thence North 54° 21' 28" West a distance of 1847.36 feet to said Point of Commencement. SECTION 8. The following described areas in the City of Alameda shall be, and the same are hereby, established as located in the "I" Unrestricted District: la) All that portion of Government Island, in Brooklyn Basin, sometimes known and desig- nated as the Estuary of San Antonio, which is situated Easterly of a straight line running through the Point of Commencement herein- after described, and which line runs North 35' 38' 32" East and South 35° 38' 32" West from said Point of Commencement. Said Point of Commencement is located as follows: —18— BEGINNING at a point on the center line of Dennison Street produced Southwesterly, said point being distant thereon South 83° 07' West 1703.55 feet from the point of intersection of the center line of Dennison Street with the center line of King Street in the City of Oakland, and running thence North 85° 58' West a distance of 283.01 feet to a point, thence North 54° 21' 28" West a distance of 1847.36 feet to said Point of Commencement. lb) All that area in the City of Alameda which is situated Westerly of a line drawn as follows: COMMENCING at a point on the North- erly boundary line of the City of Alameda which point is due North from Station No. 179 on the Peralta Grant Line, as said station and line are delineated and so designated on that certain map entitled "Map of Ala- meda Marsh Land As Partitioned Among the Owners Thereof in the Suit No. 8923 and Entitled 'Pacific Improvement Company, Plaintiff, vs. James A. Waymire, et al, De- fendants,' Superior Court of Alameda County, State of California," and filed July 30, 1900, in the office of the County Recorder of Alameda County in Map Book 25, pages 74 to 78; running thence South to said Station Number 179; and running thence Southerly along said Peralta Grant Line the following courses and distances: South 29° 30' West 732.60 feet to a point; South 54° 15' West 330 feet to a point; South 29° West 481.80 feet to a point; South 12° West 332.64 feet to a point; South 15° East 541.20 feet to a point; South 21° 45' East 405.90 feet to a point; South 41° East 349.80 feet to a point; South 27° 45' East 415.80 feet to a point; South 7° 50' 30" East 117.25 feet to a point where said Peralta Grant Line is intersected by the Northwesterly boundary line of tide land lot No. 6 in Section 10, Township 2 South, Range 4 West, Mt. Diablo Base and Meridian as said line and lot are shown on that certain Map entitled "Map No. 2 Salt Marsh & Tide Lands situate in the County of Alameda, State of California," as surveyed under the direction of G. F. Allardt, Chief Engineer, and filed in the office of the Surveyor General of the State of California; thence, leaving said Peralta Grant Line, South 45° West 2696 .feet 10 the most Westerly corner of tide land lot No. 16 in Section 9, Township 2 South, Range 4 West, as shown on said Tide Land Map; thence South 16° 02' West 7457.24 feet, more or less, to the Southwest boundary line of the City of Alameda. HENRY A. WEICHHART, Presiding Officer of the Council. Attest: LOREME R. BEATIE, City Clerk. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of August, 1940, by the following vote, to -wit: AYES: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21 st day of August, 1940. (SEAL) LOREME R. BEATIE, City Clerk of the City of Alameda. ORDINANCE No. 727 NEW SERIES. AN ORDINANCE AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING A NEW ARTICLE 2, OF CHAPTER 2, TITLE XIV, RELATING TO PROHIBITION OF THE OPERA- TION OR MAINTENANCE OF CER- TAIN BUSINESSES WITHIN CERTAIN PORTIONS OF FIRE ZONE NO. 1 OF THE FIRE DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: Section 1. There is hereby adopted and added to the Alameda Municipal Code a new Article 2, of Chapter 2, Title XIV, which article shall be composed of sections respectively numbered and entitled as hereinafter provided and which shall read as follows: ARTICLE 2. FIRE PREVENTION.— BUSINESSES PROHIBITED. Section 14 -221. BUSINESSES PROHIBITED IN FIRE ZONE NO. 1. It shall be unlawful for any person to operate or maintain, in those portions of Fire Zone No. 1 of the Fire District, hereinafter more particularly described, any provision of this code or other ordinance of the City to the contrary notwithstanding, any of the following businesses: alcohol or ammonia manufacture; ammunition manufacture; arse- nal; asphalt manufacture; automobile service — 19 — station; automobile repair shop; bag cleaning; blast furnace; cabinet shop; chemical manu- facture; cleaning or dyeing plant; cooperage work; coal or wood, dye -stuff manufac- ture; explosives or fireworks manufactur- ing or storage; fat rendering; forge or foundry plant; gas manufacture or storage; gasoline service station; grease, lard or tallow manufacture or refining; public garage; rag storage, baling or cleaning; linseed oil manu- facture; laundry plant; match manufacture; paint, oil, shellac, turpentine or varnish manu- facture; paper or pulp manufacture; refining or wholesale storage of petroleum or its pro- ducts; planing mill; sawmill; smelting of tin, copper, zinc, iron or other ores. The portions of Fire Zone No. 1 in this section hereinbefore referred to are described as follows: (a) All that portion of Fire Zone No. 1 which lies east of Park Street and south of the southern line of Webb Avenue; (b) All that portion of Fire Zone No. 1 which lies west of Park Street and south of the southern line of Bank Street; (c) All that portion of Fire Zone No. 1 which lies on both sides of Webster Street and south of a line drawn parallel to the south- ern line of Pacific Avenue and which line is distant southerly 135 feet, measured at right angles, from said line of Pacific Avenue. "Fire Zone No. 1" referred to in this sec- tion shall mean such fire zone as the same is described and delineated in Section 14 -212 of this code as amended by Ordinance No. 726, entitled "An ordinance repealing Articles 1 and 2, of Chapter 2, Title XIV, of the Alameda Municipal Code and adding to the Alameda Municipal Code in lieu thereof a new article establishing the City as a Fire District and de- signating and describing the Fire Zones there- in." Section 14 -222. EXCEPTIONS. Any business mentioned in Section 14 -221 of this article, and lawfully maintained on any and or in any building, within the territory described in said section, on August 1, 19,40, may be continued, but if such business is discontinued for a pe- riod of thirty (301 consecutive days, any fur- ther use of such land or building shall be in strict conformity with the provisions of said Section 14 -211. Section 2. This ordinance shall be in full force and effect from and after the expira- tion of thirty (30) days from the date of its final passage. HENRY A. WEICHHART, Presiding Officer of the Council. Attest: LOREME R. BEATIE, City Clerk. 1, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of August, 1940, by the follow- ing vote, to -wit: AYES: Councilmen Carrington, Godfrey, Maurer, Morris and President Weichhart, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of August, 1940. (SEAL) LOREME R. BEATIE, City Clerk of the City of Alameda. INDEX ADJUSTMENTS, In General 11-161 to'll -162 ADJUSTMENTS, Procedure 11-171 to 1 1 -1710 Page 7 7-8 ADVERTISING SIGNS In "A" District 11-13j 2 In "A-1" District 11-1311 3 In "B" District 11-1319 3 In "C" District 11-1327 3 AREA (See Lot Area) Exceptions AUTOMOBILE, Trailer Camp Use Permit in "D" District 11-152 to 11-153 6 11-1337 4 AUTOMOBILE REPAIR SHOP, prohibited in portions of Fire Zone No. 1 Ord. 727 N.S. 19 AUTOMOBILE SERVICE STATIONS, prohibited in portions of Fire Zone No. 1 Ord. 727 N.S. 19 BUILDINGS Accessory building in rear yard 11-1517 6 Alteration of non-conforming building 11-144 5 Construction in changed district 11-147 5 Non-conforming building and uses 11-142 5 Resumption of non-conforming use 11-143 5 Restoration of building destroyed 11-148 5 BUILDING PERMITS i See "Permits") CERTIFICATE OF OCCUPANCY For land 11-191 9 For a building 11-191 9 COMMERCIAL Recreation, Entertainment or Amusements Permit required in "D" District11-1337 4 CORNICE, over street 11-1519 7 COURTS (See Yards) DEFINITIONS 11-111 to 11-1164 1-2 DISTRICTS - Establishment - General Regulations 11-121 to 11-129 2 DISTRICT BOUNDARIES 11-123 2 DISTRICT MAP 11-122 2 DISTRICT MAPS Ord. 725 N.S. 10-18 DISTRICTS, special regulations (See regulations for particular district) DISTRICTS 1 1 - 1 3 1 to 1 1 - 138 2-3 "A" One-family Dwelling District 11- 139 to 1 1 -1316 3 "A-1" One-family Dwelling District 11-1317 to 11-1324 3 "B" Two-to-four Family Dwelling District 11-1325 to 11-1332 3 "C" Multiple Dwelling District 11-1333 to 11-1342 4 "0" Commercial District 11-1343 to 11-1350 4 "E" General Business District 11-1351 to 11-1356 4 "F" Central Business District 11-1357 to 11-1367 4-5 "G" Light Industrial District 11-1368 to 11-1369 5 "I-1" Heavy Industrial District 11-1370 5 "I" Unrestricted District DWELLINGS Definitions One-family Dwelling Two-family Dwelling Multiple Dwelling Group Dwelling Above stores In "H" Industrial District EXCEPTIONS, area, height and yards GARAGE, PUBLIC In "0" District Prohibited in portions of Fire Zone No. 1 GARAGE, STORAGE Use Permit in "C" District GASOLINE SERVICE STATIONS In "D" District, Use Permit Special conditions on Use Permit Prohibited in portions of Fire Zone No. 1 HEARINGS On reclassification or changes Generally... .............. ........ ......... . ...... On motion of Board or Council On owner's petition On petition for adjustment or use permit 11-1119 1 11-1120 1 11-1121 1 11-1122 1 11-158 6 11-1369 5 11-152 to 11-1521 6-7 11-1336 4 Ord. 727 N.S. 19 11-164 7 11-1337 4 11-165 7 Ord. 727 N.S. 19 11-189 8 11-183 8 11-186 8 11-174 to 11-175 7-8 INDEX HEIGHT LIMITS See "Building Height" under particular district Exceeding forbidden 11 -125 2 Public Building Heights 11 -154 6 Height on Through Lots 11 -155:' 6 Special exceptions (chimneys, etc.) 11 -156 6 Section Page HOME OCCUPATIONS Definition 11 -1130 1 In "A" District 11-131(8) 2 In "A" District, Use Permit 11 -131 (9) 2 One only permitted 11 -132 2 In "A -1" District 11 -1310 3 In "B" District 11 -1318 3 In "C" District 11 -1326 3 INTERPRETATION 11 -1813 JUNK YARDS "C" District .. . ..., Non- conforming, removal LOT, definition 11 -1360 5 11 -1410 5 11 -1134 1 LOT AREA See regulations applying to specific district Exceptions 11 -152 6 Portion of alley as lot area 11 -153 6 Reduction forbidden 11 -126 2 MORTUARIES, permit required in "D" District 11 -1337 4 NON - CONFORMING BUILDINGS AND USES Non- conforming land uses 11 -141 5 Non - conforming buildings Uses 11 -142 5 Resumption of Use 11 -143 5 Alterations 11 -144 5 Removal - subsequent use 11 -145 5 Construction - extension of time 11 -146 5 Construction in changed districts 11 -147 5 Restoration 11-148 5 Non- conforming use requiring Use Permit 11 -149 5 Non- conforming junk yards 11 -1410 5 NOTICE OF PUBLIC HEARING For reclassification or change For adjustment or use permit NURSING HOMES, Use Permit in "B" District ............. ........_..........--..... ..- ... ............ .. OBSTRUCTIONS, in yards or courts 11- 1811(1) 8 11- 1811(2) 8 11- 1317(8) 3 11 -1518 6 PENALTIES..... ........... ................ ................. ........... ...... ........ _......... .. ........... . ........................ 11 -129 2 PERMITS Building permits in general 11 -192 9 Building permits on adjustment or use permit 11 -1710 8 PLATS. .... . .......... ............. ........... 11 -193 9 RECLASSIFICATIONS On motion of Board or Council On owner's petition . °° _. ..... ... .... ° ...._.._ Renewal of petition Hearings Council Action 11 -181 to 11 -183 8 11 -184 to 11 -187 8 11 -188 8 11 -189 8 11 -1810 8 USE PERMITS, in general 11 -161 to 11 -165 7 Procedure 11 -171 to 11 -1710 7 -8 USED CAR LOTS, permit required in "0" District 11 -1337 4 YARDS AND COURTS Definitions Court 1 -1117 1 Yard 11 -1 61 to 11 -1164 2 Accessory buildings in rear yards 1 -1517 6 Front yards established by ordinance...-..-.____ .......... ................__... ..._.....- ..._..._.....- _1 -1520 7 Front yard variations 1 -157 6 Obstructions - --- -° - -- ....... - .... ....._ ..... ..---_1 -1518 6 Rear yard, portion of alley as 1 -1516 6 Rear yard, accessory building in 1 -1517 6 Side yards, dwelling above stores 1 -158 6 Side yards, dwellings of more than one family 1 -159 6 Side yards for reversed corner lots ..... .............. ... -__-. ...- ___.._...- .........._.__1 -1510 6 Yards and Courts for group dwellings 11 -1511 to 11 -1515 6 Yards for each building 11 -127 2