CITY OF

HERMOSA BEACH

MUNICIPAL CODE 
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17.46. 010  Height of roof structures.

1. Commercial and Manufacturing Zones. The following elements may be constructed above the height limit, provided they do not exceed the height limit by more than eight (8) feet and cover no more than five (5) percent of the total roof area. Where the height of the element is governed by a uniform building code standard, the element may exceed the height limit only by the minimum amount necessary to comply with the uniform building code standards.

   1. Elevator housing;
   2. Stairways;
   3. Tanks;
   4. Ventilating fans;
   5. Parapet fire walls;
   6. Towers;
   7. Chimneys;
   8. Flues;
   9. Vents;
   10. Smokestacks;
   11. Wireless masts; and
   12. Similar structures as determined by the Planning Commission.
2. Residential Zones. Residential uses may have chimneys, vents and flues exceed the height limit only to the extent required to meet the uniform building code requirements.
3. No structure exceeding the height limit under this Section 17.46.010 shall result in additional floor area.
4. For the height standards for antennas, satellite dishes, and similar structures refer to Section 17.46.210.
5. For the development standards for solar energy systems refer to Section 17.46.220.
6. For the height standards for single-pole umbrellas refer to Section 17.46.230.
7. For the height and development standards for small wind energy systems refer to Section 17.40.200.
   (Ord 09-1304 §3, Jan.2010; Ord. 08-1296 §1, Oct. 2008; Ord. 08-1295 §1, Oct. 2008; Ord. 04-1245 §4, Dec. 2004; Prior code Appx. A, § 1201)

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17.46. 015    Calculating, Measuring, and Enforcing Maximum Building Height

    The allowed building height is set forth in each specific zone. Determining maximum building height for any building in any zone is based on the definition for "building height" as contained in Chapter 17.04 . The procedure for calculating, measuring, and enforcing building height requirements is as follows:

1.     A detailed topographic survey, prepared and certified by a licensed surveyor or civil engineer, indicating all corner point elevations of a property shall be the basis for calculating building height.

2.     Maximum building height at critical points of the building shall be calculated by interpolating from the elevation points indicated on the survey.

3.     The maximum allowable building height shall be indicated at each critical point on the roof plan and building elevation plans.

4.     The building, while under construction and at the roof framing inspection stage, shall be surveyed to determine building heights at critical points on the roof (or uppermost portion of the building roof sheathing) corresponding to approved plans. The survey shall be conducted and certified by a licensed surveyor or civil engineer.

5.     A building height verification letter shall be submitted indicating that the building is at or below the calculated maximum building height at the critical points before the roof framing final inspection is approved by the City.

6.     Alterations and expansions to existing one-story buildings not resulting in additional stories, and minor alterations to any building which are clearly below maximum height limits, may be excepted from these procedures at the discretion of the Director of the Community Development Department.  (Ord. 00-1199, §4 part, 05/09/00)

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17.46. 020  Yard regulations.

    Except as provided in this chapter, every required front, side and rear yard shall be open and unobstructed from the ground to the sky. No yard or open space provided around any building or buildings for the purpose of complying with the provisions of this ordinance as it pertains to any given lot shall be considered as providing a yard or open space on any adjoining property. (Prior code Appx. A, § 1202)

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17.46. 030     Yard requirement when more than one main building exists.

    Where two or more buildings are, by definition of this title, considered main buildings, then the front yard requirement shall apply only to the building closest to the front lot line and the rear yard requirement shall apply only to the building closest to the rear lot line, and there shall be a distance between such main buildings not less than eight feet. (Prior code Appx. A, § 1204)

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17.46. 040   Commission may establish formula for modifying yard requirements.

    The planning commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yards in all residential zones where geometric shape and dimensions and topography are such as to make literal application of such required yard impractical. After the adoption of such formula or standard practices, they shall be applied as an administrative act. (Prior code Appx. A, § 1205)

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17.46. 050   Measurement of front yards.

    Front yard requirements shall be measured from the front property line or the indicated edge of a street for which a precised plan exists or from the edge of any setback established by a setback ordinance, whichever is the greatest distance from the center line of the street. (Prior code Appx. A, § 1206)

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17.46. 060    Vision clearance--Corner lots.

    All corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area one angle of which shall be formed by the front and side lot lines and the sides of such triangle forming the corner angle shall each be ten feet in length measured from the aforementioned angle.
    The third side of said triangle shall be a straight line connecting the last two mentioned points which are distant ten feet from the intersection of the front and side lot lines. Within the area comprising said triangle, no tree, fence, shrub or other physical obstruction higher than thirty-six (36) inches above the established curb grade shall be permitted.
    Exception: Any portion of a structure commencing eight (8) feet or more above the established curb grade need not comply with the foregoing restriction. (Prior code Appx. A, § 1207)

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17.46. 070   Architectural encroachments into required yards.

    Required yard areas shall be unobstructed from ground to sky except specifically allowed as follows:

1. Cornices, eaves, belt courses, sills and buttresses may encroach into any required yard area not more than thirty (30) inches, provided that in no case may such encroachments be closer than thirty (30) inches to any lot line.

2. Bay windows, greenhouse windows and similar windows which are no wider than eight feet, spaced a minimum of ten feet apart, and which do not create additional floor area may encroach to within three feet of the side or rear lot line, and thirty (30) inches from the front lot line, but in no case shall the depth of such windows be more than thirty (30) inches.

3. Pilasters, columns and chases for mechanical equipment which have a depth of six inches or less, a width of one foot or less, may encroach, but in no case shall such encroachment be closer than thirty (30) inches to the lot line.

4. Encroachments into required yards not listed above which are determined to be architectural projections by the Planning Commission shall be a minimum of ten feet apart.  (Ord. 01-1215, §4, 05-08-01)

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17.46. 080   Fireplace encroachment into yards.

    Fireplace structures which are not wider than eight feet, are spaced a minimum of ten feet apart, and are part of the main building may project into the required yards a distance of thirty (30) inches, provided such encroachments are no closer than thirty (30) inches to the lot line. (Prior code Appx. A, § 1210)

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17.46. 090   Fire escape encroachment into yards.

Fire escapes may encroach into yards thirty (30) inches provided that in no case such encroachment is closer than thirty (30) inches to the lot line. (Prior code Appx. A, § 1211)

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17.46. 100   Balcony encroachments into front yard areas.

    An open uncovered balcony may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line, and shall be a minimum of seven feet above finished grade.   (Ord. 98-1188, §4, 12/08/98; Prior code Appx. A, § 1212)

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17.46. 110  Stairway encroachment into a side yard.

A.    Side Yards: Uncovered, solid concrete stair landing and stairs on grade which are not over four feet to the highest point from the natural, existing or finished grade, whichever is the lesser height, and do not extend above the level of the first floor of the building may extend or project into any required side yard.  In order that such structure shall not obstruct any pedestrian way on the ground level, the stairs shall extend from the stair landings in both directions.

B.    Front Yards: An unenclosed stairway or uncovered steps leading from grade to the first floor level may encroach into a required front yard thirty-six (36) inches, but in no case shall such encroachment be closer than three feet to the front property line. (Ord. 98-1188, §4, 12/08/98;  Prior code Appx. A, §1213)

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17.46. 120   Guard railings may project into yards.

    Guard railing for safety protection around depressed ramps, open work fences, hedges or landscape architectural features not more than forty-two (42) inches in height may be located in any front or side yard, provided they do not obstruct any pedestrian way on ground level. (Prior code Appx. A, § 1214)

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17.46. 130   Walls, fences and hedges in residential, commercial and manufacturing zones.

1. A wall, fence or hedge forty-two (42) inches in height may be located and maintained on any part of a lot. A fence, wall or hedge not more than six feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard, provided that on the side street line of a corner lot a fence, wall or hedge higher than forty-two (42) inches may extend only from the rear lot line to the rear line of the required side yard. In the case of a reversed corner lot, a fence, wall or hedge higher than forty-two (42) inches shall not be located closer to the side street than a distance equal to the depth of the required front yard on the lot to the rear.
2. Where a retaining wall protects a cut below the natural grade, and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event, a protective open work fence or wall not more than forty-two (42) inches in height may be erected at the top of the retaining wall. An "open work fence" means a fence in which the component solid portions are evenly distributed and constitute not more than sixty (60) percent of the total surface area of the fence.
3. No fence or wall 42 inches or greater in height shall be constructed without first obtaining a building permit. (Ord. 02.1217 §4, Feb. 2002)
4. Under no circumstances shall any fence, wall, or hedge be constructed or altered to add razor wire, barbed wire, broken glass or other similar material.
       Exception. Security fences around oil development facilities may be installed with barbed wire during the active life of the oil wells.
5. Walls, or fences, including the visible surface of retaining walls, shall be constructed of, or treated with, an aesthetically pleasing material approved by the planning director, including, but not limited to, masonry block designed and manufactured to be exposed (e.g., split-face, scored, textured or striated); surface treated masonry (e.g. stucco or paint); wrought iron or simulated wrought iron; brick; wood; stucco or paint. Plain gray untreated block not designed or manufactured to be exposed and chain link fences are prohibited. Chain link fences with vinyl or wood slats may be approved by the planning director in commercial or manufacturing zones only.
       Exception . Chain link fencing may be installed for temporary periods around Christmas tree lots, pumpkin lots or similar temporary uses, and any construction project to meet the safety requirements of the Uniform Building Code for the period of construction, or, may be installed around temporarily dangerous areas as determined by city officials from fire, police, building and safety or planning departments.
       Exception. Permanent chain link fencing may be installed around schools, tennis courts, baseball fields, parks or other recreational facilities.
6. Where commercial, manufacturing or any use other than residential uses abuts a residential use, a fence or wall with a height greater than as noted above may be constructed if a conditional use permit has been granted for such a fence or wall pursuant to Chapter 17.40, subject to the following criteria:

1. The use of the higher wall or fence is necessary to mitigate potential noise, visual or other impact of a nonresidential use on a residential use.
2. The greater height will not be detrimental to neighboring property or to the public welfare, and will not interfere with the light, air and scenic views of any property.
3. The higher wall or fence shall be constructed of materials as noted in subsection E of this section.
4. Vehicle vision clearance shall not be hindered by a wall or fence resulting in a safety hazard. (Ord. 96-1164 §1, Amended, 11/26/96; Ord. 94-1102 § 1, 1994; Ord. 93-1092 §§ 1, 2, 1993; prior code Appx. A, § 1215) 

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17.46. 140   Required increase of side yard where rear of dwellings abuts side yard.

    Where two-family dwellings or multiple-family dwellings group houses, court apartments or row dwellings are arranged so that the rear of such dwellings abuts upon the side yards, and such dwellings have openings onto such side yards used as a means of access to the dwellings, the required side yards to the rear of such dwellings shall be increased by one foot for each dwelling unit having an entrance or exit opening into or served by such yard; provided, such increase need not exceed five feet. Open, unenclosed porches not extending above the level of the first floor may project into the required width of such side yard; provided such porches shall not reduce to less than three feet the unobstructed pedestrian way or sidewalk at the ground level. (Prior code Appx. A, § 1216)

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17.46. 150   Required increase of side yard where multiple or row dwellings front upon a side yard.

    The minimum width of the side yard upon which dwellings front shall be not less than one and one-half times the width of the side yard to the rear of such dwellings. (Prior code Appx. A, § 1217)

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17.46. 152   Front Yard Requirements for Through Lots

1. The required front yard on "through lots", as defined herein, shall be provided on the street frontage where the majority of the existing dwelling units on the block are fronting.
2. The following list indicates which frontage is designated the front yard for various blocks with through lots:

Through Lots Located Between:	Front Yard Shall Be Provided On:
Ava Avenue and Ardmore Avenue	Ava Avenue
Ava Avenue and Springfield Avenue	Springfield Avenue
Barney Court and Meyer Court	Barney Court
Bonnie Brae Street and Campana Street	Bonnie Brae Street
Monterey Boulevard and Culper Court	Monterey Boulevard
Monterey Boulevard and Loma Drive	Monterey Boulevard
Monterey Boulevard and Morningside Dr.	Monterey Boulevard
15th Place and 16th St. (E. of Mira Street)	15th Place
The Strand and Hermosa Avenue	Both The Strand and Hermosa Avenue (See Exception Below)

3. Exception for The Strand/Hermosa Avenue Through Lots: New developments shall be required to provide front yards on both The Strand and Hermosa Avenue. For existing developed properties and remodeling and expansion projects thereon The Strand shall be designated the front yard. For the purposes of calculating required open space in the various residential zones, the Strand front yard area may be counted towards the open space requirement. The lots facing the service road located parallel to Hermosa Avenue approximately between 27th Street and 35th Street shall not be required to provide a front yard on Hermosa Avenue.(Ord.02-1218,§4, April 2002)

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17.46. 154   Yard Requirements for "Half-Lots" Fronting on Alleys.

    The side of the lot facing the alley is considered the front yard, but the applicable yard requirement is three (3) feet from the property line on the ground floor and one (1) foot on the second floor and above. (Ord. 98-1179, §4 (3); 01-27-98)

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17.46. 160   Only one building on a lot or building-site constitutes a main building.

    Any building which the only building on a lot or building site is a main building. (Prior code Appx. A, § 1218)

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17.46. 170   Through lots may be divided in certain cases.

    Through lots one hundred eight feet or more in depth may be improved as two separate lots, with the dividing line midway between the street frontages, and each resulting one-half shall be subject to the control applying to the street upon which such one-half faces. If the division results in parcels having less than the minimum lot area required in this ordinance, then no division may be made. If the whole of any through lot is improved as one building site, the main building shall conform to the zone classification of the frontage upon which such main building faces, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street. (Prior code Appx. A, § 1219)

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17.46. 180   Lot area not to be reduced.

    No lot area shall be so reduced or diminished that the lot area, yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the regulations established by this chapter. (Prior code Appx. A, § 1220)

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17.46. 190   Greater lot area may be required.

    Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a precised plan in the manner prescribed by law, designating the location and size of such greater required areas. (Prior code Appx. A, § 1221)

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17.46. 200   Substandard lots.

    When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a precised plan and was of record on the effective date of the ordinance codified in this chapter, such lot shall be deemed to have complied with the minimum required lot area or width as set forth in any such zone or precised plan. (Prior code Appx. A, § 1222)

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17.46. 210   Antennas, satellite dishes and similar equipment.

    No antenna, television aerial, satellite dish or similar device as defined in Section 17.04.040 shall be erected, constructed, maintained or operated except in conformance with the following regulations:

A. Purpose.

    To establish procedures and regulations for processing wireless service facility applications in all non-residential areas and to create consistency between federal legislation and local ordinances regarding amateur radio and satellite dish antennas. The intent of these regulations is to protect the public health, safety and general welfare while ensuring fairness and reasonable permit processing time.

B. Applicability.

1. Antennas, television aerials, satellite dishes, similar devices or any apparatus designed or used to receive television, radio or other electronic communication signals broadcast or relayed from another location shall be regulated by this section as accessory structures as defined in this Title.

2. Wireless communication facilities shall be permitted as accessory structures as defined in this Title by Conditional Use Permit, pursuant to Chapter 17.40, in the commercial, manufacturing and open space zones, and prohibited in the residential zones as defined in this Title.

3. The following uses shall be exempt from the provisions of this Chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

1. Any antenna or such device that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission;

2. Any antenna or such device that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive Radio Communication by Satellite Antenna;

3. Any antenna or such device that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the Antenna Structure extends more than twelve feet (12') above the principal building on the same lot.

  C. Location of Device.

1. Except as herein provided, no such device shall be allowed to exceed the height limit applicable in the zone in which the device is located. The height limit in any particular zone shall apply whether or not the device is placed on the roof or in the rear yard. For the purposes of this chapter, all such devices placed upon a roof shall be combined for measurement. The surface area of the device shall be measured at its maximum projection above the height limit.

2. Said devices shall be allowed to exceed the height limit only to the extent that the surface area of the device on its widest side shall not exceed twelve (12) square feet of surface area over the height limit, but in no event to exceed fifteen (15) feet above the highest point of the building.  The surface area measurement shall only include measurement of the surface area of the device that exceeds the applicable height limit. It shall not include the surface area of the device below the height limit. For a device placed on the rooftop of an existing building nonconforming to the height limit, the surface area measurement shall only include measurement of the surface area of the device that exceeds the height of the existing roof or parapet wall, whichever is greater.

3. Such devices shall be located and designed to reduce visual impact from surrounding properties and from public streets and shall be screened in a manner compatible with existing architecture and/or landscaping. However, no screening shall be required which blocks the ability of any such device to receive signals. Based on a determination by the community development director or his designee, screening of a type and construction compatible with the architecture of the building in question may be required.

4. All devices regulated under this section and the construction and installation thereof shall conform to applicable city building code, zoning code, and electrical code regulations and requirements.

5. Such devices shall meet all manufacturer’s specifications, and all antennas and screens shall be fire-resistive and of corrosive resistant material, and shall be erected in a secure, wind resistant manner. They shall also be maintained in good condition.

6. Every such device shall be adequately grounded for protection against a direct strike of lightning.

7. No building permit shall be issued until there is filed with the city a site plan and building elevations showing conformance with this section. For the purposes of this section, a building permit shall be required for all satellite dishes and for other antennas or aerials which exceed ten feet in height above the existing roof line when measured from the base of the antenna or aerial.

D. Removal of Wireless Communication Facilities.

1. The applicant shall provide notification to the community development director upon cessation of operations on the site. The applicant shall remove all obsolete or unused facilities from the site within six (6) months of termination of its lease, cessation of operations, or expiration of its permit, subject to the determination of the director of community development. Should the owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment.

2. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of six (6) months has lapsed since cessation of operations.

3. Any FCC licensed wireless communications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the director of community development. (Ord. 01-1214 §4 part, 05/08/01; Prior code Appx. A, § 1227)

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17.46. 220   Solar energy systems can exceed height limits.

Solar energy systems shall be installed and constructed in conformance with the following:

1. Purpose:
   To promote the use of solar energy systems in accordance with State law while protecting the public health and safety.
2. Definitions:
   1. “Ancillary solar equipment” means any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, AC/DC converters or water heater tanks.
   2. “Solar collector” means any part or device of a solar energy system that requires direct access to sunlight and is typically located on the roof top, such as solar panels and solar hot water or swimming pool heaters.
   3. "Solar energy system" means an accessory to the main structure and/or use which comprises of a combination of solar collector(s) and ancillary solar equipment used to generate electricity primarily for consumption on the property on which the system is located, or where multiple consumers or exceptional circumstances exist, on an adjoining property.
3. Development Standards:
   1. Solar collectors and solar energy systems may exceed the height limits mandated by this Code to the minimum extent necessary for their safe and efficient operation in accordance with the California Building Code and other applicable provisions of state law.
   2. Where feasible, solar energy systems shall be integrated into the design of the structure as an architectural element.
   3. Where feasible, roof-mounted solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide areas for smoke ventilation opportunities and provide emergency egress from the roof.
   4. Where feasible, ancillary solar equipment shall be located inside the building or be screened from public view.
   5. Solar energy systems shall be erected in a secure, wind resistant manner and be maintained in good condition.
   6. Other applicable development standards in this Code may be modified by the Director in the case where compliance would demonstrably reduce the operating efficiency or performance of a solar energy system and compliance will not adversely impact public health and safety. (Ord. 08-1295 §2, Oct. 2008)

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17.46. 230   Single-pole umbrellas exceeding height standards.

Single-pole umbrellas may exceed the height limit as described in this section.

1. For the purposes of this section, 'single-pole umbrella' means a pre-manufactured single-pole lightweight collapsible canopy without sides, walls or vertical coverings of any type, material or dimension, such as a parasol, umbrella or shade sail of cloth, canvas, plastic or similar nonreflective material intended for temporary use. Multi-pole or pop-up canopies of any type, latticework or netting, structural components, screens including vegetative screens, or other objects designed or arranged to create a privacy screen or outdoor room, shall not exceed the height limit.
2. Single-pole umbrellas shall be maintained in a collapsed/closed position between the hours of 10 PM and 6 AM and when otherwise not in use.
3. A maximum of two (2) single-pole umbrellas per building, or per unit in the case of multi-owner/tenant buildings, not exceeding nine feet (9') in height measured from the finished floor elevation of the roof deck to the highest point of the canopy are permitted.
4. No part of any single-pole umbrella in any position shall extend beyond the exterior railings/barriers or if none the floor perimeter of the roof deck.
5. No single-pole umbrella shall exhibit appendages, guy wires, lighting, advertising, moving parts or other devices or alterations that increase visual impacts.
6. Every single-pole umbrella shall be erected in a secure, wind resistant manner and maintained in good condition. (Ord. 08-1296, §2, Oct. 2008)

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