Loading...
HomeMy WebLinkAboutARCHIVE_ZONING_REGULATIONS_05_1967 OS_7967 ', l- ta-�7 • NEWPORT BEACH ZONING CODE • (A Reprint of Title 20 of the Y Newport Beach Municipal Code) BOOK MNYfNINO COMPANY patN�, Wa�hinyfsn I PLANNING AND ZONING Title 20 PLANNING AND ZONING' Chapters: 20.02 Definitions 20.04 General Provisions 20.06 Districts—Maps 28.08 General Controls 20.10 R-A District 20.12 R-1 District 20.14 R 2 District 20.16 R-3 District 20.18 R-4 District 20.20 C-N District 20.22 C-O District 20.24' C4 District 20.26 C-2 District 20.28 I District 20.30 M-1 District 20.32 M-1-A District 20.34 U District 20.36 "--W' District 20.38 "—r' District 20.40 "—Z"District 20.42 "—UV" District 20.44 Nonconforming Structures and Uses 20.46 Permits 20.48 Variances 20.50 Planned Residential Development 20.52 Oil Wells 20.54 Amendments 20.56 Enforcement 20.58 Appeals 1.Sign regulations—See Chapter 15.16. Restriction on denuding natural ground cover—See Chapter 15.24. For subdivision regulations—See Title 19. 01 • DEFINITIONS Chapter 20.02 DEFINITIONS Sections: 20.02.010 Effect of Chapter. 20.02.020 Alley. 20.02.030 Automobile Court (Motels) 20.02,035 Basement. 20.02.040 Boarding House. 20.02.050 Buildable Area. 20.02.060 Building. 20.02.070 Building, Accessory. 20.02.080 Building, Main. 20.02.090 Building Site. 20.02.100 Business, Retail. 20.02.110 Business, Wholesale. 20.02.115 Centerline. 20.02.120 Combining District. 20.02.130 District. 20.02.140 Dwelling, Single Family. • 20.02.150 Dwelling, Two-Family or Duplex. 20.02.160 Dwelling, Multiple or Apartment Dwellings. 20.02.170 Dwelling Groups. 20.02.180 Family. 20.02.190 Garage_.S ac 20.02.200 Grade. 20.02.205 Height of Building. 20.02.207 Heliocopter. 20.02.208 Heliport or Helistop. 20.02.210 Hotel. 20.02.220 Sunk Yard. 20.02.225 Mapped Highway. 20.02.230 Nonconforming Use. 20.02.235 Official Plan Line. 20.02.240 Parking Area. 20.02.250 Parking Lot. 20.02.260 Parking Space. 20.02.270 Reversed Frontage. 20.02.280 Rooming or Boarding House. 20.02.285 Story. 20.02.290 Street. • 20.02.300 Street Line. 20.02.310 Structure. 20.02.320 Structural Alterations. ' 403 20.02.010-20.02.070 PLANNING AND ZONING 20.02.330 Trailer Court. 20.02.340 Use. 20.02.350 Use-Accessory. 20.02.360 Yard. 20.02.370 Yard—Front. 20.02,380 Yard—Rear. 20.02.390 Yard—Side. 20.02.010 Effect of Chapter. For the purpose of this Title, certain terms used herein shall have the meaning assigned to them by this chapter. (1949 Code § 9107.1 as amended by Ord. 635; December 12, 1950). 20.02.020 Alley. The term "alley" shall mean any public thoroughfare which affords only a secondary means of access to abutting property. (1949 Code § 9107.11 added by Ord. 635; December 12, 1950). 20,02.030 Automobile Court (lilotels). The term "automobile court (motels)" shall mean a group of two or more detached or semi-detached buildings containing guest rooms or apartments, with automobile storage space serving such rooms or apartments provided in connection there- with, which group is designed and used primarily for the accommodation of transient automobile travelers, (1949 Code § 9107.12 added by Ord. 635; December 12, 1950). 20.02.035 Basement. The term "basement" shall mean that portion of a building between floor and ceiling, which is partly below and partly above grade as defined in this Chapter, but so located that the vertical distance from the floor below is less than the vertical distance from grade to ceiling. (1949 Code § 9107.121 added by Ord. 1115; January 25, 1965). 20.02.040 Boarding House. The term "boarding house" shall mean a dwelling other than a hotel where lodging or lodging and meals for three or more persons is provided for compensation. (1949 Code § 9107.13 added by Ord.635;December 12,1950). 20.02.050 Buildable Area. The term "buildable area" shall mean the area of a building site, excluding any basic minimum side, front and rear yard spaces, required for buildings three stories or less in height. (1949 Code § 9107.131 added by Ord. 974; October 30, 1961). 20.02.060 Building. The term "building" shall mean any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (1949 Code § 9107.14 added by Ord. 635;December 12,1950). 20.02.070 Building, Accessory. The term "accessory building" shall • mean a subordinate building, the use of which is incidental to that of the main building on the same lot and/or building site. (1949 Code § 9107.15 added by Ord.635;December 12,1950). 404 • DEFINITIONS 20.02.080-20.02.130 i20.02.080 Building, Main. The term "main building" shall mean a building in which is conducted the principal use of the lot and/or building site on which it is situated. (1949 Code § 9107.16 added by Ord. 635; December 12, 1950). 20.02.090 Building Site. The term "building site" shall mean a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this Title, and having its principal frontage on a street, road, highway, waterway or ocean front. (1949 Code § 1907.17 added by Ord. 635; December 12, 1950, as amended by Ord. 845; April 14, 1958). 20.02.100 Business, Retail. The term "retail business" shall mean the retail sale of any article, substance, or commodity for profit or livelihood, conducted within a building but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind. (1949 Code § 9107.18 added by Ord. 635; December 12, 1950). 20.02.110 Business, Wholesale. The term "wholesale business" shall mean the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials, or the open storage or sale of any material or com- modity, and not including the processing or manufacture of any product or substance. (1949 Code § 9107.19 added by Ord. 635; December 12, 1950). 20.02.115 Center Line. The term "center line" shall mean either (1) a line midway between the properties abutting the right of way of a mapped highway or (2) a line, if any, shown as such on a map entitled "Precise Plan of Highway Alignment" and any amendments thereto. In the event of conflict between (1) and (2), the line described in (2) shall govern. (1949 Code § 9105.9 (a, part) added by Ord. 932; August 8, 1960). 20.02.120 Combining District. The term "combining district" shall mean any district in which the general district regulations are combined with those of a "B" or "H" District for the purpose of adding additional special regulations, i.e. R-1 combined with "B" (R-1-B) increases the area and yard requirements. C-1 combined with "H" (C-1-H) adds the addi- tional requirement of off-street parking. (1949 Code § 9107.20 added by Ord. 635;December 12, 1950). 20.02.130 District. The term "district" shall mean a portion of the City within which certain uses of land and buildings are permitted or pro- hibited and within which certain yards and other open spaces are required 405 20.02.140-20.02.200 PLANNING AND ZONING and certain height limits are established for buildings, all as set forth and specified in this Title. (1949 Code § 9107.21 added by Ord. 635; December 12,1950). 20.02.140 Dwelling, Single Family. The term "single family dwelling' shall mean a building containing only one kitchen, designed for or used to house not more than one family, including all necessary employees of such family. (1949 Code § 9107.22 added by Ord. 635; December 12, 1950). 20.02.150 Dwelling, Two-Family or Duplex. The term "two-family dwelling' or "duplex dwelling" shall mean a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary em- ployees of each such family. (1949 Code § 9107.23 added by Ord. 635; December 12,1950). 20.02.160 Dwelling, Multiple or Apartment Dwellings. The term "mul- tiple dwelling' or "apartment dwelling' shall mean a building or portion thereof used and designed as a residence for three or more families living independently of each other, and doing their own cooking in the building, Including apartment houses, apartment hotels and fiats, but not including automobile courts. (1949 Code § 9107.24 added by Ord. 635; December 12, 1950,as amended by Ord. 845; April 14,1958). 20.02.170 Dwelling Groups. The term "dwelling groups" shall mean a group of two or more detached or semi-detached, one-family, two-family, or multiple dwellings occupying a parcel of land, in one ownership and having any yard or court in common, but not including automobile courts. (1949 Code § 9107.25 added by Ord. 635; December 12, 1950). 20.02.180 Family. The term "family" shall mean one or more persons occupying a premises and living as a single housekeeping unit, as dis- tinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants. (1949 Code § 9107.26 added by Ord. 635; December 12, 1950). 20.02.190 Garage Space. The term "garage space" shall mean an ac- cessible and usable covered space of not less than 9 feet clear width, inside measurements, by 20 feet, clear length, inside measurements, for the parking of automobiles off the street, such space to be located on the lot so as to meet the requirements of this Title for an accessory building. Any such garage space to be so located on the front one-half of a lot shall have side walls, roof, and an operating garage door for access of auto- mobiles. (1949 Code § 9107.27 as amended by Ord. 845; April 14, 1958). • 20.02.200 Grade The term "grade (ground level)" shall mean the average of the ground level at all the corners of the exterior walls of a 406 •- DEFINITIONS 20.02.205-20.02.225 building, including projecting balconies. When buildings project over water, the ground level at the corners projecting over water shall be established at an elevation of 6.2 feet above mean sea level, official City datum. In case walls are parallel to and within 5 feet of a sidewalk, ground level for those walls may be measured at the sidewalk. Artificial grade shall not be used for the purpose of determining height limitations or the number of stories in a building unless a Use Permit is first obtained from the Planning Commission. (1949 Code § 9107.271 added by Ord. 1115; January 25,1965). 20.02.205 Height of Building. The term "height of building" shall mean the vertical distance between grade, as defined in this Chapter, and the topmost point of the roof. (1949 Code § 9107.28 added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.02.207 Helicopter. The term "helicopter" shall mean any rotorcraft which depends principally for its support and motion in the air upon lift generated by one or more rotors that rotate on substantially vertical axes. (1949 Code § 9107.281 added by Ord. 1127; May 10, 1965). 20.02.208 Heliport or Helistop. The term "heliport" or "helistop" shall mean any area designed, used or intended to be used for the landing or taking off of helicopters, including all appurtenant areas, buildings and facilities. (1949 Code § 9107.282 added by Ord. 1127; May 10, 1965). 20.02.210 Hotel. The term "hotel" shall mean any building or portion thereof containing six or more guest rooms, used, designed or intended to be used, let, or hired out to be occupied, or which are occupied by six or more individuals for compensation whether the compensation for hire to be paid directly or indirectly. (1949 Code § 9107.29 added by Ord. 635; December 12, 1950). 20.02.220 Junk Yard. The term "junk yard" shall mean the use of more than 160 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street, for the storage of junk, including scrap metals or other scrap materials or for the dis- mantling or "wrecking" of automobiles or other vehicles, or machinery whether for sale or storage. (1949 Code § 9107.30 added by Ord. 635; December 12,1950). 20.02.225 Mapped Highway. The term "mapped highway" shall mean any secondary, primary or major highway, whether existing or proposed, shown on map entitled "Master Plan, City of Newport Beach, California, Street and Highway", adopted by City Council Resolution 5224 on April 25, 1960, and all amendments thereafter and hereafter adopted thereto. (1949 Code § 9105.9(a) (part) added by Ord. 932; August 8, 1960). 407 20.02.230-20.02.285 PLANNING AND ZONING 20.02.230 Nonconforming Use. The term "nonconforming use" shall mean a use that does not conform to the regulations for the district in which it is situated. (1949 Code § 9107.31 added by Ord. 635; December 12, 1950). 20.02.235 Official Plan Line. The term, 'official plan line" shall be either (1) a line at the herein required distance from the centerline of any mapped highway, on each side thereof, or (2) a line, if any, shown as such on a map entitled "Precise Plan of Highway Alignment" and any amend- ments thereto. In the event of conflict between (1) and (2), the line described in (2) shall govern. (1949 Code § 9105.9(a, part) added by Ord. 932;August 18, 1960). 20.02.240 Parking Area. The term "parking area" shall mean an off- street parking area containing fewer than five parking spaces. (1949 Code § 9107.311 added by Ord. 1031; March 25, 1963). 20.02.250 Parking Lot. The term "parking lot" shall mean an off- street parking facility containing five or more parking spaces. (1949 Code § 9107.312 added by Ord. 1031;March 25,1963). 20.02.260 Parking Space. The term "parking space" shall mean an accessible and usable off-street parking space. (1949 Code § 9107.32 added by Ord. 635; December 12, 1950 as amended by Ord. 1031; March 25, 1963). 20.02.270 Reversed Frontage. The term "reversed frontage" shall mean a key lot or the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot and fronting on the street which intersects the street upon which the corner lot fronts and/or which faces the street upon which the side of a corner lot abuts. (1949 Code § 9107.33 added by Ord. 635; December 12, 1950). 20.02.280 Rooming or Boarding House. The term "rooming or board- ing house" shall mean a dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. (1949 Code § 9107.34 added by Ord.635; December 12, 1965). 20.02,285 Story. The term "story" shall mean that portion of a build- ing included between the upper surface of any floor and the upper sur- face of any floor directly above, except that the topmost story shall be that portion of a building included between the upper surface of the top- most floor and the ceiling or roof above. The lowest story, including any partial story of a building, shall be considered a story when the upper surface of the floor directly above is more than 6 feet above grade; pro- vided, however, that the area between the lowest floor and the floor next above shall not be considered a story if used for garage purposes, or if it is unenclosed for at least fifty percent (50°n) of its perimeter and is used 408 DEFINITIONS 20.02.290-20.02.370 as a patio or for recreational purposes. (1949 Code § 9107.341 added by Ord.1115; January 25, 1965). 20.02.290 Street. The term "street" shall mean a public or private thoroughfare which affords principal means of access to abutting prop- erty, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined herein. (1949 Code § 9107.35 added by Ord. 635; December 12, 1950). 20.02.300 Street Line. The term "street line" shall mean the boundary line between a street and property. 1949 Code § 9107.36 added by Ord. 635; December 12, 1950). 20.02.310 Structure. The term "structure" shall mean anything con- structed or erected, the use of which required location on the ground or attachment to something having location on the ground. (1949 Code § 9107.37 added by Ord. 635; December 12, 1950). 20.02.320 Structural Alterations. The term "structural alterations" shall mean any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (1949 Code § 9107.38 added by Ord. 635; December 12, 1950). • 20.02.330 Trailer Court. The term "trailer court" shall mean land or premises used or intended to be used, let or rented for occupancy by or of trailers or movable dwellings, rooms or sleeping quarters of any kind. (1949 Code § 9107.39 added by Ord. 635; December 12, 1950). 20.02.340 Use. The term "use" shall mean the purpose for which land or premises of a building thereon is designed, arranged, or intended or for which/it is or may be occupied or maintained. (1949 Code § 9107.40 added by Ord.635; December 12,1950). 20.02.350 Use-Accessory. The term "use-accessory" shall mean a use incidental and accessory to the principal use of a lot or a building located on the same lot. (1949 Code § 9107.41 added by Ord. 635; December 12, 1950). 20.02.360 Yard. The term "yard" shall mean an open space other than a court on the same lot with a building, which open space is unoccu- pied and unobstructed from the ground upward, except as otherwise per- mitted in Section 20.08.150. (1949 Code § 9107.42 added by Ord. 635; December 12, 1950). • 20.02.370 Yard—Front. The term "front yard" shall mean a yard extending across the front of the lot between the inner side yard lines and measured from the front property line of the lot; provided, that if any official plan line has been established for the side of the street upon which • 409 20.02.880-20.04.030 PLANNING AND ZONING the front of the lot faces, then such yard shall be measured from such official plan line. (1949 Code § 9107.43 added by Ord. 635; December 12, 1950 as amended by Ord.932; August 8,1960). 20.02.380 Yard—hear. The term "rear yard" shall mean a yard ex- tending across the full width of the lot and measured from the rear prop- erty line of the lot; provided, that if any official plan line has been estab- lished for the side of the street upon which the rear of the lot faces, then such yard shall be measured from such official plan line. (1949 Code § 9107.44 added by Ord. 635; December 12, 1950 as amended by Ord. 932; August 8,1960). 20.02.390 Yard—Side. The term "side yard" shall mean a yard ex- tending from the front property line of the lot to the rear yard and measured from the side property line of the lot; provided, that if any official plan line has been established for the side of the street upon which the side of the lot faces, then such yard shall be measured from such of- ficial plan line. (1949 Code § 9107.45 added by Ord. 635; December 12, 1950 as amended by Ord. 932; August 8, 1960), Chapter 20.04 GENERAL PROVISIONS Sections: 20.04.010 Short Title. 20,04.020 Purpose of Title. 20.04.030 Master Plan—Establishment of Districts. 20.04.040 Compliance Required. 20,04,050 Effect and Intent of Title. 20.04.060 Permit or License Provisions Not Affected. 20.04.010 Short Title. This Title shall be known and cited as the Zoning Law of the City of Newport Beach. (1949 Code § 9112.1 added by Ord.635;December 12,1950). 20,04.020 Purpose of Title. The purpose of this Title is to promote the growth of the City of Newport Beach in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare, and to protect the character and social and economic stability of all districts within the City, and to assure the orderly and beneficial development of such areas. (1949 Code § 9101.0 added by Ord. 635; December 12,1950). 20.04.030 piaster Plan—Establishment of Districts. The Zoning or Districting Plan effectuated by this Title is a part of the Master Plan and consists of the establishment of various districts including all the terri- 410 • DISTRICTS—MAPS 20.04.040-20.06.010 tory within the boundaries of the City, within which the use of land and buildings, the space for buildings and the height and bulk of buildings are regulated. (1949 Code § 9101.1 added by Ord. 635; December 12, 1950). 20.04.040 Compliance Required. No building or structure shall be erected, reconstructed or structurally altered in any manner, nor shall any building or land be used for any purpose, other than as permitted by and in conformance with this Code and all other Ordinances, laws and maps referred to therein. (1949 Code § 9101.2 added by Ord. 635; December 12, 1950). 20.04.050 Effect and Intent of Title. When interpreting and applying the provisions of this Title, it shall be held to represent the minimum re- quirements adopted for the promotion of the public health, safety,-com- fort, convenience and general welfare. It is not intended by the adoption of this Title to repeal or in any way to impair or interfere with any existing provision of law of the City of Newport Beach, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establish- ment, moving, alteration or enlargement of any legal building or improve- ment; nor is it intended by this Title to interfere with or annul any ease- ment, covenant, or other agreement between parties; provided, however, that in cases in which this Title imposes greater restrictions than are imposed or required by other easements, covenants or agreements, then in such cases the:provisions of this Title shall control. (1949 Code § 9109.5 added by Ord. 952; March 27, 1961). 20.04.060 Permit or License Provisions Not Affected. Nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade or occu- pation. (1949 Code § 9110.1 added by Ord. 635; December 12, 1950). Chapter 20.06 DISTRICTS—MAPS Sections: 20.06.010 Districts Designated. 20.06.020 Special Districts Designated. 20.06.030 Map Adopted by Reference. 20.06.040 Right-of-Way Boundaries. 20.06.010 Districts Designated. The several general districts estab- lished are as follows: Agricultural-Residential District or R-A District. Single Family Residential District or R-1 District. 411 20.06.020-20.06.040 PLANNING AND ZONING Duplex Residential District or R-2 District. Restricted Multiple Family Residential District or R-3 District. Multiple Residential District or R-4 District. Neighborhood Commercial District or C-N District. Limited Commercial—Multiple Residential or C-0 District. Light Commercial District or C-1 District. General Commercial District or C-2 District. Intermediate District or I District, Manufacturing District or M-1 District. Unclassified or U District. Controlled Manufacturing District or M-1-A District. (1949 Code § 9102.0 added by Ord. 635; December 12, 1950 as amended by Ord.925;August 8,1960). 20.06.020 Special Districts Designated. In addition to the general dis- tricts established above, the following special districts are established which, when combined with the above general districts, establish additional special regulations; Combining or"—B"District. Combining or" H" District. Combining or"—Z"District. Combining or"—UV'District. (1949 Code § 9102.1 added by Ord. 635; December 12, 1950 as amended by Ord.984; December 11,1961). 20.06.030 Map Adopted by Reference. The designations, locations and boundaries of the districts established are delineated upon the maps en- titled "Districting Map for the City of Newport Beach, California", dated November 27, 1950, which maps and any additional maps subsequently adopted and all notations and information thereon are hereby made a part of this Title by reference. (1949 Cede § 9102.2 added by Ord. 635; De- cember 12, 1950 as amended by Ord. 845; April 14, 1958). 20.06.040 Bight-of-Way Boundaries. Any district adjoining any right- of-way extends to the center of such right-of-way. (1949 Code i 9102.3 added by Ord. 901; December 28,1959). Chapter 20.08 GENERAL CONTROLS Sections: 20.08.010 Effect of Chapter. 20.08.020 Recreational Establishments. 20.08.030 Dance Halls,Establishments with Liquor,Etc. 20.08.040 Accessory Use and Buildings in C or M District. 412 • GENERAL CONTROLS 20.08.010-20.08.030 • 20.08.050 Accessory Uses in R District. 20.08.060 Parking Automobiles on Roofs. 20.08.070 Parking Lots. 20.08.080 Institutions, Cemeteries and Public Buildings. 20.08.090 Removal of Earthen Materials. 20.08.100 Heliports and Helistops. 20.08.110 Temporary Signs or Structures. 20.08.120 Extension of Time for Temporary Uses. 20.08.130 Height Limits. 20.08.140 Building Site Area Exception. 20.08.150 Extensions Into Yards. 20.08.160 Accessory Buildings—Yards. 20.08.170 Dwellings in C or M Districts—Yards. 20.08.180 Swimming Pools—Yards—Equipment. 20.08.185 Changes in Yard Requirements. 20.08.190 Automobile Storage or Parking Space. 20.08.200 Requirements for Off-Street Parking. 20.08.210 Plans and Drawings for Certain Districts. 20.08.220 Architectural Committee—Appointment and Membership. 20.08.230 Authority of Architectural Committee—Standards. • 20.08.210 Appeal from Architectural Committee Action. 20.08.250 Appeal from Planning Commission Action. 20.08.260 Approval of Plans Requisite to Permit Issuance. 20.08.270 Official Plan Line for Property Abutting Mapped High- way. 20.08.280 Proximity of Buildings to Highways Limited. 20.08.290 Exceptions to Official Plan Line Provisions. 20.08.010 Effect of Chapter. All sections of this Title shall be subject to the general provisions and exceptions provided by this Chapter. (1949 Code § 9105 added by Order 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.08.020 Recreational Establishments. No circus, carnival, amuse- ment park, fun zone, open air theatre, race track, private recreation center, or other similar establishment, shall be established in any district unless and until a Use Permit is first secured for the establishment, maintenance and operation of such use. (1949 Code § 9105.1(a) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.030 Dance Halls, Establishments with Liquor, etc. No dance hall, road house, night club, commercial club, or any establishment where • liquor is served, or commercial place of amusement or recreation or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than 200 feet to the boundary of any dwelling district, unless a i 413 20.08.040-20.08.090 PLANNING AND ZONING Use Permit shall first have been secured for the establishment, mainte- nance and operation of such use, (1949 Code § 9105.1(b) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.040 Accessory Use and Building hr 0 or M District. Accessory uses and buildings in any C or M District are permitted where such uses or buildings are incidental to and do not alter the character of the premises In respect to their use for purposes permitted in the district. Such ac- cessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (1949 Code § 9105.1(c) added by Ord. 635;December 12, 1965 as amended by Ord, 1115; January 25, 1965). 20.08.050 Accessory Uses hr R District. Accessory uses normally a part of any use permitted in any R District may be permitted. This shall not be construed as permitting any commercial use in any R District unless such is specified in the regulations for the district, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used In the conduct of any retail or wholesale business. (1949 Code § 9105.1(d) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25,1965). 20.08.000 Parking Automobiles on Roofs. Parking of automobiles on the roof of a building may be permitted in any C or M District, sub- ject to the securing of a Use Permit. Parking of automobiles on the roof of a building in any R District is not permitted. (1949 Code § 9105.1(e) added by Ord. 635; December 12, 1950 as amended by Ord, 1115; January 25, 1965). 20.08.070 Parking Lots. Public or no fee private parking lots for auto- mobiles may be permitted in any R District adjacent to any C or M Dis- trict, subject to the securing of a Use Permit in each case, (1949 Code § 9105.1(f) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.080 Institutions, Cemeteries and Public Buildings, Churches, schools, hospitals, parks and playgrounds, yacht clubs, cemeteries (mini- mum area 20 acres), mausoleums, crematories, public utilities, public and quasi-public buildings, and municipally operated parking lots may be permitted in any district, subject to the securing of a Use Permit in each case. (1949 Code § 9105.1(g) added by Ord. 635; December 12, 1950 as amended by Ord.1i15; January 25,1965). 20.08.090 Removal of Earthen Materials. The removal of earthen ma- terials may be permitted in any district, subject to the securing of a Use Permit In each case. (No permit required for normal grading or land- , 414 • GENERAL CONTROLS 20.08.100-20.08.130 . scaping on lots of record). (1949 Code § 9105.1(h) added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965). 20.08.100 Heliports and Helistops. No helicopter shall land or take off and no heliport or helistop shall be established in any R-1 or R-2 District. In any district other than R-1 or R-2, no helicopter shall land or take off and no heliport or helistop shall be established unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The Planning Director may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connec- tion with major construction sites if he determines that such helistops will not unduly interfere with the health, safety and welfare of persons owning property in the surrounding area and he may attach appropriate conditions to such approval. (1949 Code § 9105. 1(i) added by Ord. 635; December 12, 1950 amended by Ord. 1115; January 25, 1965, Ord. 1127, May 10, 1965, Ord.1130; June 28,1965). 20.08.110 Temporary Signs or Structures. The Planning Director may approve temporary signs to advertise a subdivision and temporary tract or real estate offices for sales in new subdivisions for a period not to ex- ceed one year following the date of approval of the final map. The Planning Director may approve temporary structures for the housing of tools and equipment or supervisory offices for a period not to exceed one year in connection with major construction during the progress of such construction. (1949 Code § 9105.1(j) added by Ord. 1130; June 28, 1965). 20.08.120 Extension of Time for Temporary Uses. The Planning Director may approve an extension of periods of time specified in Section . 20.08.110. (1949 Code § 9105.1(part) added by Ord. 635; December 12, 1950 as amended by Ord.1115; January 25, 1965). 20.08.130 Height Limits. A. STRUCTURAL APPURTENANCES. Chimneys, cupolas, flag poles, parapet walls, railings, monuments, radio and other towers, water tanks, and similar structures and mechanical ap- purtenances may be permitted in excess of height limits, subject to first securing a Use Permit in each case. Parapet walls, safety railings, and vents which are required by law shall be permitted in excess of height limits to the extent required without the requirement of a Use Permit. B. FENCES, WALLS, PLANTINGS. No fence, wall, hedge or screen planting of any kind shall hereafter be constructed or grown to exceed 6 feet in height within any required side yard to the rear of the frontline of any main building or in any required rear yard nor to exceed 3 feet in height in any required side yard between the front prop- 415 20.08.14"0.08.150 PLANNING AND ZONING erty line and the required front setback line or in any required front yard • or within 15 feet of the corner of any intersecting street rights of way; provided, however, that in cases where there is a difference of 6 feet or more in elevation between the building sites of abutting lots, no fence, wall, hedge or screen planting shall hereafter be constructed or grown in any yard area of the lower lot adjacent to the lot line of the higher lot to a height in excess of 3 feet above the elevation of the building site of the higher lot. Where lots or building sites are laid out or planned to border a street and overlook a waterway, beach or bluff, fences, when required as a protective device for a swimming pool or when needed to protect against a hazardous or unsafe condition existing because of topography, may be permitted in excess of 3 feet, but not to exceed 5 feet, in those front yards specified in Section 20.08.160 subject to first securing a Use Permit in each case. The Planning Commission may, by resolution, adopt such general standards or conditions for its guidance as it deems necessary to insure to the adjacent property owners the full use of their land. (1949 Code § 9105.2 added by Ord. 635; December 12, 1950 as amended by Ord. 1115; January 25, 1965, Ord. 1151; March 14, 1965). 20.08.140 Building Site Area Exception. Any lot or parcel of land under one ownership and of record on August 2, 1943 may be used as a building site even when of less area or width than that required by the regulations for the District in which it is located. (1949 Code § 9105.3 added by Ord.635;December 12,1950). 20.08.150 Extensions Into Yards. A. ARCHITECTURAL FEA- TURES. Architectural features such as cornices or eaves may extend not exceeding 21/-, feet into any required front or rear yard setback; provided, however, that such architectural features shall not project any closer than 2 feet from side property lines. B. FIREPLACES AND CHIMNEYS. Fireplaces and chimneys not to exceed 8 feet in width, constructed of incombustible material, may encroach to a distance of 2 feet into any required front yard setback of 10 feet or more in any R District; provided, that the fireplace and chim- ney must be located not less than 5 feet from any side yard setback line. Fireplaces and chimneys not to exceed 9 feet in width, constructed of incombustible material, may encroach to a maximum distance of 21/• feet from any side yard setback line; provided, that such encroachment must be at least 2 feet from any side property line. C. OPEN PORCHES AND LANDINGS. Open uncovered porches or landings may project a distance not exceeding 6 feet into any required front yard setback. 416 • GENERAL CONTROLS 20.08.160 D. MARQUEES, AWNINGS AND SHADES. Marquees, awnings or shades may project from the building into the front yard setback in any R District not to exceed 5 feet from the building nor more than one-half the depth of the required front yard, and must be within the re- quired side yard lines and have a clearance above grade vertically of not less than 61/2 feet. Any such projection from the building shall be self-supporting and shall be of incombustible material or of not less than one-hour fire resistive construction. Marquees, awnings or shades may project from the building into the rear yard setback in any R District not to exceed 2i/2 feet. E. ENCROACHMENT UPON OFFICIAL PLAN LINE. Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this Title be construed as permitting any encroachment upon any Official Plan Line. F. ABUTTING ALLEYS. In residential districts having alleys to the rear of lots or building sites, attached or detached garages, fences, hedges, screen plantings or other obstructions must set back from rear property lines the distances shown in the following table: Alley Width Setback 15' or less 5' 15, 1" to19' ill 319 " 20' or more 2' 6" (1949 Code § 9105.4(a-g) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.08.160 Accessory Building—Yards. In case an accessory building is attached to the main building, it shall be made structurally a part of and have a common wall with the main building and shall comply in all re- spects with the requirements of this Title applicable to the main building. Unless so attached, an accessory building in an R District shall be located on the rear one-half of the lot and at least 6 feet from any dwelling building existing or under construction on the same lot or any adjacent lot; provided, that in any R District combined with any "—B" District the Planning Commission may approve the location of the accessory building on the front half of the lot and detached from the main building without a variance, provided the location will not be detrimental to adjoining property and further provided that the Plannning Commission approves of the elevation and location of the accessory building. . A detached accessory building may be built to within 1 foot of one of the side Iot lines. Such accessory building shall not be.located within 5 feet of any alley or within 5 feet of the sideline of any alley or within 5-feet of the side line of the front one-half of any adjacent lot, or; in the 417 20.08.170-20.08.185 PLANNING AND ZONING : case of a corner lot, shall not project beyond the front yard required or t existing on the adjacent lot. In the case of a lot abutting on two or more streets, no building shall be erected closer to the property line than the front yard setback established on either street. In any case where the rears of lots normally border streets and the fronts of the lots face a com- mon walkway, the main structure and/or accessory buildings may be con- structed within 5 feet of the rear property line. In the case of subdivisions where lots or building sites are laid out or planned to border a street and overlook a waterway, beach or bluff, the portion of such lots bordering the street may be considered the rear yard for purposes of location, con- struction or maintenance of main or accessory building, provided, that all of the lots in a block conform to this pattern. In all such cases, the required setback from the street shall be a minimum of 5 feet and the normal front yard requirements shall apply to the portion of such lots adjacent to any waterway, beach or bluff, except that such front yards may exceed the maximum of 35 feet permitted in residential districts. (1949 Code § 9105.4(h) added by Ord. 635; December 12, 1950 as amended by Ord.1034;April 8,1963). 20.08.170 Dwellings In 0 or M DlstrIcts—Yards. Every building or portion thereof which is designed or used for any dwelling purpose in any C or M District shall comply with the requirements of such appro- priate residential district as is determined by the use to which such C or M District property is being put; provided, however, that when the entire ground floor of any such building is used for any commercial or manu- facturing purpose, the yard provisions specified for such C or M District may be applied to the ground floor only. (1949 Code § 9105.4(i) added by Ord. 635; December 12, 1950 as amended by Ord. 1034; April 8, 1963). 20.08.180 Swimming Pools — Yards — Equipment. Any swimming pool, fish pond, or other body of water which contains water 18 inches or more in depth for use in connection with any single family, duplex, multi- ple or apartment dwelling, shall be at least 5 feet from any side or rear yard property line and 10 feet from any front yard property line. No such body of water shall be permitted in any required yard space unless the enclosing fence required in Chapter 15.04 of this Code is permitted under the provisions of Section 20.08,130. Any pump, filter or heater installed to serve such body of water shall be located not less than 5 feet from any side or rear yard prop- erty line and in no event nearer than 10 feet to any dwelling on adjoining properties. Any such pump, filter or heater shall not be considered an accessory building so long as any required housing thereof does not exceed 6 feet In height. Pumps may be operated only between the hours of 8 a.m. and 8 p.m. (1949 Code § 9105.41 added by Ord. 924; July 11, 1960). , 20.08,185 Changes in Yard Requirements. The Planning Commission 418 • GENERAL CONTROLS 20.08.190--20.08.200 may approve changes in the yard setback requirements applicable to any subdivision having five or more lots at the time that it approves the final tract map for said subdivision. The applicant shall submit with his appli- cation an exact copy of the final tract map showing the proposed changes. The decision of the Planning Commission shall be subject to review by the City Council and it may approve, disapprove or modify said decision. If the City Council approves such changes, the districting map shall be revised accordingly. (1949 Code § 9105.42 added by Ord. 1134; August 9,1965). 20.08.190 Automobile Storage or Parking Space. Accessible storage or parking space for the parking of automobiles off the street shall be provided in all districts, as follows: (a) Not less than one garage space for each single family dwelling. (b) Not less than one garage space for each family unit in any duplex,triplex or dwelling group of four or less family units. (c) Not less than one garage space for each two guest rooms in any rooming house. (d) Not less than one parking space for each two guest rooms in any hotel. (e) Not less than one garage space for each of the first four family units, and two off-street parking spaces, one of which must be a gara e space,for each additional family unit,in any dwelling group of more Man four family units. (f) Not less than two garage spaces per family unit in any residential B District. Parking space required for other uses allowed in any R District and not set forth above shall be determined by the Planning Commission and set forth as a condition to the granting of the Use Permit for such use. (1949 Code § 9105.5 added by Ord. 635; December 12, 1950 as amended by Ord.909;February 8, 1960). 20.08.200 Requirements for Off-Street Parking. A. APPLICABILITY. The requirements of this section and any off-street parking standards adopted by the City Council shall apply to the following: 1. All off-street parking lots and areas hereafter developed which are required by this Title. 2. All parking lots which are hereafter permitted subject to first securing a use permit. 3. All parking lots and parking areas which are hereafter required by the Planning Commission as a condition of granting a use permit. Such off-street parking standards shall be adopted by resolution and shall show minimum, dimensions of parking spaces and aisles, require- ments for entrances and exits, and requirements for markings and other 419 20.08,210 PLANNING AND ZONING devices deemed necessary to protect patrons, the traffic on adjoining streets and alleys, and property owners in the vicinity. B. BOUNDARY WALL. Where the boundaries of parking lots or parking areas adjoin property in an R-1 or R-2 district, a wall shall be constructed along such boundaries in such a manner as will provide pro- tection to the public and owners and occupants of adjoining property from noise, exhaust fumes, automobile lights, and other similar sources of dis- turbance. Such wall shall be constructed of solid masonry to a height of 3 feet from the front of the property to a depth equal to the required front yard setback established for adjoining property in a residential district. The remaining portion of the wall shall be 6 feet in height, the lower 4 feet of which must be of solid masonry construction. C. PLOT PLAN. A plot plan of any proposed parking lot or parking area shall be submitted to the Building and Safety Director for approval. The plot plan shall show the layout of parking spaces, aisles, walls, and other requirements set forth in this section and in the off-street parking standards. If the proposed parking lot or parking area as shown on the plot plan meet the requirements, the Director shall endorse his written approval on the plan and retain a copy thereof. If the proposed plot plan does not meet the requirements of this section, the Director shall return the plan to the applicant, together with a written statement setting forth the deficiencies in the plan, within ten calendar days after the submission of the plan to the Director. The parking lot or parking area shall be de- veloped and maintained in accordance with the plan as approved. D. VARIANCE. Where the size, shape, location, or topography of the proposed parking lot or parking area make compliance with the re- quirements of this section impractical and will result in hardship, the Planning Commission, upon application, may waive such requirements of this section and the off-street parking standards as are necessary to per- mit development of the parking lot or parking area so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. (1949 Code § 9105.51 added by Ord. 1031; March 25,1963). 20.08.210 Plaits mid Drawings for Certain, Districts. In case an appli- cation is made for a permit for any building or structure in any C-N, C or M District, the application shall be accompanied by architectural draw- ings or sketches and plot plans, all to a workable scale, showing the eleva- tion of the proposed building, or structure and proposed landscape or other treatment of the grounds around such building or structure and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be considered by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keeping with the character of the neighborhood and such as not to be detrimental 420 • GENERAL CONTROLS 20.08.220-20.08.260 • to the orderly and harmonious development of the City, or not to impair the desirability of investment or occupation in the neighborhood. (1949 Code § 9105.6(a) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.08.220 Architectural Committee— Appointment and Membership. The Planning Commission may appoint an Architectural Committee of three members, who may be employees in the following departments: Building Inspection and City Engineer. (1949 Code § 0105.6(b) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958) 20.08.230 Authority of Architectural-Committee — Standards. The Architectural Committee shall have authority to approve -architectural sketches within the meaning of Section 20.08.210, but all approvals shall be based on standards of good architectural design;,such standards,-which shall be entitled "Drawings and Illustrated Architectural Standards for Certain Areas Designated in Title 20 of the Municipal Code of the City of Newport Beach", shall be approved by the Planning Commission and the City Council, and shall be on file in the City Building Inspector's Office. The drawings shall show desirable architectural standards, but are not designs which must be copied in order to secure approval of plans. (1949 Code § 9105.6(e) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April14, 1958). 20.08.240 Appeal from Architectural Committee Action. In case the applicant is not satisfied with the decision of the Architectural Committee, he may within thirty days after such action appeal in writing to the Plan- ning Commission. The Architectural Committee may, if it deems advisable, refer any applications for architectural approval to the Planning Com- mission for its decision. (1949 Code § 9105.6(d) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.08.250 Appeal from Planning Commission Action. In case the ap- plicant is not satisfied with the action of the Planning Commission, he may within 30 days appeal in writing to the City Council and the Council shall render its decision within 30 days after the filing of such appeal. (1949 Code § 9105.6(e) added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14,1958). 20.08.260 Approval of Plans Requisite to Permit Issuance. No permit shall be issued in any case as provided in Section.20.08.210 until such drawings and sketches have been approved by the Planning Commission or by the City Council in the event of appeal from the Planning Commis- sion, and all buildings, structures and grounds shall be in accordance with the drawings and sketches. (1949 Code § 9105.6(f)'added by'Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 421 20.08.270-20.10.010 PLANNING AND ZONING 20.08.270 Official Plan Line for Property Abutting Mapped Highway. • Official plan line for real property abutting a mapped highway in the City of Newport Beach, measured from the center line of the highway, shall be as follows: (a) 42 feet for a secondary street or highway. (b) 50 feet for a primary street or highway. (a) 60 feet for a major street or highway. (1949 Code § 9105.9(b) added by Ord. 932; August 8, 1960). 20.08.280 Proximity of Buildings to Highways United. No building shall be erected, constructed, moved, or structurally altered so as to be closer to the center line of a mapped highway than the official plan line applicable thereto. Yards where required by this Title shall be determined in accordance with Section 20.08.150. (1949 Code § 9105.9(c) added by Ord.932; August 8, 1960). 20.08.290 Exceptions to Official Platt Line Provisions. The herein- after described portions of mapped highways shall be excluded from the provisions of Section 20.08.270 and 20.08.280: (a) Balboa Boulevard between 45th and 32nd Streets. (b) Balboa Boulevard between Alvarado Street and 6th Street. (c) Newport Boulevard between 30th Street and McFadden Place. (d) Irvine Avenue between Westeliff Drive and Cliff Drive. (e) Dover Drive between Westeliff Drive and Coast Highway. (f) Marguerite Avenue between 5th Avenue and Ocean Boulevard. Provided, however, that in the event an official plan line is shown as such on a map entitled "Precise Plan of Highway Alignment" for any por- tion described above, then such provisions of the section shall apply to such portion. (1949 Code § 9105.91 added by Ord. 932; August 8, 1960). Chapter 20.10 R-A DISTRICT Sections: 20.10,010 Effect of Chapter. 20.10.020 Uses Permitted. 20.10.030 Building Height. 20A0.040 Site Area and Lot Width, 20.10.050 Site Area Coverage. 20.10.060 Yards. 20.10,070 Accessory Building Location. 20.10.010 Effect of Chapter. The following regulations shall apply in all R-A Districts, subject to the provisions of Chapter 20.08. (1949 Code § 9103 added by Ord.635; December 12,1950). 422 R-A DISTRICT 20.10.020-20.10.070 20.10.020 Uses Permitted. The following uses shall be permitted in the R-A District: (a) Single family dwellings. (b) Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial poultry ranches. (c) Accessory uses normally incidental to a single family dwelling or light farming. This is not to be construed as permitting any commer- cial use. (d) One unlighted sign, not over 2 square feet in area, to advertise the lease, rental or sale of the property solely by the owner. Such sign may show only the name, address, and telephone number of the owner but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (1949 Code § 9103.01 added by Ord. 635; December 12, 1950 as amended by Ord. 1158 § 1; May 9, 1966). 20.10.030 Building Height. The building height limit shall be thirty- five feet. (1949 Code § 9103.2 added by Ord. 635; December 12, 1950). 20.10.040 Site Area and Lot Width. There shall be a minimum build- ing site area of 6,000 square feet and a minimum lot width of 60 feet. In no case shall there be more than one single family dwelling on any one building site. (1949 Code § 9103.03 added by Ord. 635; December 12,1950). 20.10.050 Site Area Coverage. For aggregate building coverage there shall be a maximum coverage of forty percent (405/o) of building site area. (1949 § 9103.04 added by Ord. 635; December 12, 1950). 20.10.060 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet, except as may be otherwise indicated on the Districting Maps. B. SIDE YARDS. Each side yard shall be ten percent (10%) of the lot width,with a minimum of 3 feet and a maximum of 6 feet; provided, that the side yard on the rear one-half of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existent on the adjacent reversed frontage. C. REAR YARDS. Each yard shall be 20 percent of the lot depth, with a minimum of 15 feet and a maximum of 25 feet. (1949 Code § 9103.05(a,b,c) added by Ord. 635; December 12, 1950). 20.10.070 Accessory Building Location. Accessory buildings ussed for the keeping of chickens or other poultry or rabbits or other animals shall be not less than 60 feet from the front property line nor less than 20 feet from any side or rear property line. (1949 Code § 9103.03(d) added by Ord.635; December 12,1950). 423 20.12.010-20.12.050 PLANNING AND ZONING Chapter 20.12 R-1 DISTRICT Sections: 20.12.010 Effect of Chapter. 20.12.020 Uses Permitted. 20.12.030 Building Height Limit. 20,12.040 Site Area and Lot Width. 20.12.050 Site Area Coverage. 20.12.060 Yards, 20.12.010 Effect of Chapter. The following regulations shall apply in all R-1 Districts, subject to the provisions of Chapter 20.08. (1949 Code 9103.1 added by Ord. 635; December 12,1950). 20.12.020 Uses Permitted. The following uses shall be permitted in the R-1 District: (a) Single family dwellings. (b) One accessory building only if constructed simultaneously with or subsequent to the main building on the same lot or building site. (e) Accessory uses normally incidental to single family dwellings. This is not to be construed as permitting commercial uses. (d) One unlighted sign, not over 2 square feet in area, to advertise the lease, rental or sale of the property solely by the owner. Such sign may show only the name, address, and telephone number of the owner but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (1949 Code § 9103.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958 and by Ord. 1158 § 2;May 9, 1966). 20.12.030 Building height Limit. For dwellings, the building height limit shall be of two stories,but not exceeding 35 feet, For accessory buildings, the building height limit shall be 15 feet. (1949 Code § 9103,12 added by Ord. 635; December 12, 1960). 20.12.040 SIte Area and Lot Width. For each dwelling, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, a minimum of 6,000 square feet of area and minimum width of 60 feet on corner lots. In no case shall there be more than one single family dwelling on any one building site. (1949 Code § 9103.13 added by Ord, 635; December 12, 1950 as amended by Ord. 901; Decem- ber 28,1959). 20.12.050 SIte Area Coverage, The maximum building site area per- mitted in the R-1 District shall be full coverage, less required front, side 424 i R-2 DISTRICT 20.12.060-20.14.020 • and year yards. (1949 § 9103.14 added by Ord. 635; December 12, 1950). 12, 1950). 20.12.060 Yards. A. FRONT YARDS. The minimum width required for front yards shall be 20 feet and a maximum permitted shall be 35 feet, except as may be otherwise indicated on the Districting Maps. Dis- tances shown on the Districting Maps are to be measured from front prop- erty line. B. SIDE YARDS. Each side yard shall be not less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR. YARDS. The minimum width,required for rear yards shall be 10 feet. (1949 Code § 9163.15 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). Chapter 20.14 R-2 DISTRICT Sections: 20.14.010 Effect of Chapter. 20.14.020 Uses Permitted. 20.14.030 Building Height Limit. 20.14.040 Site Area and Lot Width. 20.14.050 Site Area Coverage. 20.14.060 Yards. _ 20.14.010 Effect of Chapter. The following regulations shall apply in all R-2 Districts, subject to the provisions of Chapter 20.08. (1949 Code § 9103.2 added by Ord. 635; December 12,1950). 20.14.020 Uses Permitted. The following uses shall be permitted in the R-2 Districts: (a) Single family dwellings: - - (b) Two detached single family dwellings or one duplex. (c) Accessory uses normally incidental to single family dwellings or duplexes. This is not to be construed as permitting any commercial uses. (d) One unlighted sign, not over 2 square feet in area, to advertise the lease, rental or sale of the property solely by the owner. Such sign may show only the name, address, and telephone number of the owner but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than 495 20.14.030-20.14.060 PLANNING AND ZONING the owner of said property. (1949 Code § 9103,21 added by Ord. 635; • December 12, 1950 as amended by Ord. 845; April 14, 1958 and by Ord. 1158 § 3;May 9,1966). 20.14.080 Building Height Limit. (a) For dwellings, the building height limit shall be of two stories, but not exceeding 35 feet. (b) For accessory buildings, the building height limit shall be of 15 feet. (1949 Code § 9103.22 added by Ord. 635; December 12, 1950). 20.14.040 Site Area and Lot Width. A. TWO DWELLINGS OR DU- PLEX. For each two dwellings or one duplex there shall be a minimum area of 5,000 square feet and a minimum width of 50 feet on interior lots, with a minimum of 6,000 square feet and a mhnimum width of 60 feet on corner lots. In no case shall there be more than two single family dwellings or one duplex on any one building site. B. FAMILY UNIT IN ANY BUILDING. For each family unit In any building, there shall be a minimum of 1,000 square feet of land area. (1949 Code § 9103.23 added by Ord. 635; December 12, 1950 as amended by Ord.901; December 28,1959). 20.14.050 Site Area Coverage. The maximum building site coverage permitted for aggregate buildings shall be full coverage, less required front, side, and rear yards. (1949 Code § 9103.24 added by Ord. 635; De- cember 12, 1950). 20.14.060 Yards. A. FRONT YARDS. The maximum width re- quired for front yards shall be 20 feet, with a maximum permitted of 35 feet, except as may, be overwise indicated on the districting maps. Distances shown on districting maps are to be measured from the front lot line. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street aide of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. For rear yards, there shall be minimum require- ment of 10 feet. D. BETWEEN DETACIiED BUILDINGS. Minimum 10 feet. (1949 Code § 9103.25 added by Ord, 635; December 12, 1950, as amended by Ord. 845; April 14, 1958). Chapter 2O.I6 R-3 DISTRICT Sections: 20.16,010 Effect of Chapter. 20.16.020 Uses Permitted. 426 R-3 DISTRICT 20.16.010-20.16.060 • 20.16.030 Uses Requiring Use Permit. 20.16.040 Accessory Uses. 20.16.050 Building Height Limit. 20.16.060 Site Area. 20.16.070 Site Area Coverage. 20.16.080 Yards. 20.16.090 Automobile Storage or Parking Space. 20.16.010 Effect of Chapter. The following regulations shall apply in all R-3 Districts, subject to the provisions of Chapter 20.08. (1949 Code § 9103.3 added by Ord. 635; December 12,1950). 20.16.020 Uses Permitted. The following uses shall be permitted in the R-3 districts: (a) Single family dwellings and duplexes. _ (b) Multiple dwellings, apartment houses and dwelling groups. (c) Unlighted signs, not over two (2) square feet in area, to adver- tise the lease, rental or sale of the property solely by the owner. Such signs may show only the name, address, and telephone number of the owner but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. (1949 Code § 9103.31 added by _ Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961 and by Ord. 1158 § 4; May 9, 1966). 20.16.030 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Community centers, social halls, lodges, clubs, rest homes, and motels. (b) Signs larger than six square feet and apurtenant to any use. (1949 Code § 9103.32 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.16.040 Accessory Uses. Accessory uses and buildings normally in- cidental to any of the above shall be permitted. This shall not be construed as permitting any commercial uses or occupation other than those speci- fically listed. (1949 Code § 9103.33 added by Ord. 635; December 12, 1950). 20.16.050 Building Height Limit. For main buildings, the building height limit shall be three stories,but not exceeding 3§-feet. For accessory buildings, the building height limit shall be 15 feet. (1949 Code § 9103.34 added by Ord. 635; December 12, 1950 as amended • by Ord. 1115; December 25,1965). 20.16.060 Site Area. A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings, there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet on interior lots, 427 20.16.070-20.16.090 PLANNING AND ZONING with a minimum of q 6,000 square feet and a minimum width of 60 feet on • corner lots. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings there shall be a minimum of twelve hundred square feet of land area. (1949 Code § 9103.35 added by Ord. 635; December 12, 1950 as amended by Ord.901; December 28,1059). 20.16.070 Site Area Coverage, For aggregate building coverage, the p maximum site coverage permitted shall be full coverage, less required r1� 1 i r. front, side and rear yards. (1949 Code § 9103.36 added by Ord. 635, De- �1 cember 12, 1950). _ 20.16.080 Yards. A. FRONT YARDS. The minimum width—re- f quired for front yards shall be 20 feet, and maximum permit0d 35 feeU, ,ixr except as may be otherwise indicated on the districting maps. Distances �. a shown on Districting maps are to be measured from front lot lines. B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. C. REAR YARDS. The minimum width for rear yards shall be 10 feet. D. SPECIAL YARDS AND DISTANCES BETWEEN BUILDINGS. 1. Distance between buildings in any dwelling group shall be a mini- mum of 8 feet wide. 2. Side yards providing access to single row of dwelling group shall 2 be a minimum of 12 feet wide. 3, Inner courts providing access to double row dwelling group shall ? be a minimum of 20 feet wide. (1949 Code § 9103.37 added by Ord. 635; December 12, 1950). 20.10,090 Automobile Storage or Parking Space. Accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.08. (1949 Code § 9103.38 added by Ord. 974; October 30, 1961). Chapter 20.18 R-4, DISTRICT • Sections: 20.18.010 Effect of Chapter. 20.18.020 Uses Permitted. 428 RA DISTRICT 20.18.010-20.18.050 20.18.030 Uses Requiring Use Permit. 20.18.040 Accessory Uses. 20.18.050 Building Height Limit—Floor Area. 20.18.060 Site Area. 20.18.070 Site Area Coverage. 20.18.080 Yards. 20.18.090 Automobile Storage or Parking Space. 20.18.010 Effect of Chapter. The following regulations shall apply in all R-4 Districts, be subject to the provisions of Chapter 20.08. (1949 Code 9103.4 added by Ord. 635; December 12, 1950). 20.18.020 Uses Permitted. The following uses shall be permitted in R-4 Districts: (a) Single family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Hotels, motels and rooming or boarding houses. (d) Community centers, social halls,lodges and clubs. (e) Signs not over twelve square feet in area and attached to the main building. (1949 Code § 9103.41 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30,1961). 20.18.030 Uses Requiring Use Permit. The following uses shall be permitted subject to first securing a use'permit in each case: (a) Professional offices. (b) Hotel and motel restaurants, "on-sale" liquor establishments, and other appurtenant services and retail shops designed primarily for the convenience of the guests of hotels and motels provided that all access shall be from a lobby,'patio or court yard, and further; provided, that no advertising be visible from any street. (c) Signs larger than twelve square feet and appurtenant to any use. (1949 Code § 9103.42 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.18.040 Accessory Uses. Accessory uses and buildings normally incidental to any of the above shall be permitted. This shall not be con- strued as permitting any commercial use or occupation other than those specifically permitted. (1949 Code § 9103.43 added by Ord. 635; as amended by Ord. 845; April 14,1958). 20.18.050 Building Height Limit—Floor Area. The total floor area contained in all buildings on a_building site in an R-4 District shall not exceed five times the building area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed a height of 50 feet, except that the -429 20.18.060-20.18.090 PLANNING AND ZONING mechanical appurtenances thereof may exceed the height limit by a maxi- mum of 15 feet. For accessory buildings the building height limit shall be 15 feet; pro- vided, that height limit may be increased upon the obtaining of a Use Permit in each case. (1949 Code § 9103.44 added by Ord.635; December 12, 1950 as amended by Ord.974; October 30,1961). 20.18.060 Site Area. A. GENERAL. The Building Site Area re- quired shall be the same as specified for R-3 Districts, B. FAMILY UNIT. For each family unit in any building or group of buildings,the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (1949 Code § 9103.45 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30,1961). 20.18.070 Site Area Coverage. The Building Site Coverage permitted shall be the same as specified for R-3 Districts. (1949 Code § 9103.46 added by Ord.635; December 12,1950). 20.18.080 Yards. A. FRONT, REAR AND SPECIAL YARDS. The front, rear and special yard requirements shall be the same as specified for R-3 Districts. B. SIDE YARDS. For main buildings three stories or less in height, a side yard on each side of the building equal in width to eight percent of the average width of the lot shall be provided. Beginning with the fourth story of main buildings over three stories in height, the width of each of the required side yard shall be increased a distance equal to two percent (2,7o) of the average width of the lot for each story in excess of three. In no event, however, shall a side yard of more than 25 feet be required. (1949 Code § 9103.47 added by Ord. 685; December 12, 1950 as amended by Ord.974; October 30,1961). 20.18,090 Automoblie Storage or Parking Space. Accessible storage or space for parking of automobiles off the street shall be provided as set forth in Chapter 20.08 and Chapter 20.38. (1949 Code § 9103.471 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). Chapter 20.20 C•N DISTRICT • Sections: 20.20.010 Effect of Chapter. 20.20.020 Uses Permitted. 430 C-N DISTRICT 20.20.010-20.20.060 i20.20.030 Uses Requiring Use Permit. 20.20.040 Building Height Limit—Floor Area. 20,20,050 Site Area. 20.20.060 Yards. 20.20.070 Automobile Storage or Parking Space. 20.20.010 Effect of Chapter. The following regulations shall apply in all C-N Districts, subject to the provisions of Chapter 20.08. (1949 Code 9103.480 added by Ord. 845; April 14, 1958). 20.20.020 Uses Permitted. The following uses shall be permitted in C-N Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a build- ing, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, restaurants, an- tique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) One non-flashing sign appurtenant to any permitted use and not over 35 square feet in area for each side (if two sides are used). (1949 Code § 9103.481 added by Ord. 845; April 14, 1958 as amended by Ord. 1016; November 13, 1962). 20.20.030 Uses Requiring Use Permit. The following use shall be per- mitted subject to the securing of a Use Permit in each case: Gasoline service stations. (1949 Code § 9103.481.1 added by Ord. 1016; November 13, 1962). 20.20.040 Building Height Limit—Floor Area. The total floor area contained in all buildings on a building site in a C-N District shall not exceed two times the buildable area of said site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed, and provided further that in no event shall any building exceed a height of 35 feet. (1949 Code § 9103.482 added by Ord. 845; April 14, 1958 as amended by Ord. 974; October 30, 1961). 20.30.050 Site Area. The Building Site Area required shall be a mini- mum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (1949 Code § 9103.483 added by Ord. 845; April 14, 1958 as amended by Ord. 974; October 30,1961). 20.20.060 Yards. Pront yards shall have a minimum width of 15 feet; provided, however, that where the frontage in a block is partially in an R District, the front yard shall be not less than that required in such R • .431 20.20.070-20.22.040 PLANNING AND ZONING District. (1949 Code § 9103.484 added by Ord. 845; April 14, 1958 as i amended by Ord. 974; October 30,1961). 20.20.070 Automobile Storage and Parking Space. When a C-N Dis- trict is combined with an "—H" or "—Z" District, accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.38 and Chapter 20.40. (1949 Code § 9103,485 added by Ord.974; October 30,1961). Chapter 20.22 C-O DISTRICT Sections: 20.22.010 Effect of Chapter. 20,22.020 Use Permitted, 20.22.030 Uses Requiring Use Permit, 20.22.040 Building Height Limit—Floor Area. 20.22.050 Site Area. 20.22.060 Yards. 20.22.070 Automobile Storage or Parking Space, 20.22.010 Effect of Chapter. The following regulations shall apply in all C-0 Districts, subject to the provisions of Chapter 20.08. (1949 Code 9103.490 added by Ord. 913; February 23,1960). 20.22.020 Use Permitted. The following uses shall be permitted in C-0 Districts: (a) Multiple dwellings or apartment houses, hotels, motels, profes- sional offices,clubs, and restaurants. (b) Retail sales, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building, except for boats. (c) Signs appurtenant to any permitted use. (1949 Code § 9103.491 added by Ord.913; February 23,1960). 20.22.030 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a Use Permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Gasoline service stations. (c) Signs, other than those appurtenant to any permitted use. (1949 Code § 9103.492 added by Ord. 913; February 23,1960 as amended by Ord. 1016; November 13, 1962). 20.22.040 Building Ifelght Lhnlb—'Floor Area. The total floor area contained in all buildings on a building site in a C-0 District shall not .432 • C-O DISTRICT 20.22.05"0.22.060 exceed five times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed a height,of 85 feet except that the mechan- ical appurtenances thereof may exceed the height limit by a maximum of 15 feet. (1949 Code § 9103.493 added by Ord. 913; February 23, 1960 as amended by Ord. 974; October 30,1961). 20.22.050 Site Area. A. GENERAL. The Building Site Area re- quired shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. B. EACH FAMILY UNIT. For each family unit in any building or group of buildings, the minimum lot area shall be 800 square feet. C. HOTEL OR MOTEL GUEST ROOM. For each guest room in any hotel or motel, the minimum lot area shall be 300 square feet. (1949 Code § 9103.494 added by Ord. 913; February 23, 1960 as amended by Ord. 974; October 30, 1961). 20.22.060 Yards. A. FRONT YARDS. Except as may be indicated on the Districting Maps, no front yards shall be required; provided, how- ever, that where the frontage in a block is partially in an R District, the front yard shall be the same as required in such R District. B. SIDE YARDS. For buildings in excess of three stories in height, which are designed exclusively for uses other than residential, there shall be a side yard on each side of the building, beginning with the fourth story, of not less than five feet. The side yards shall be increased in width a distance equal to two percent of the average width of lot for each story in excess of four. In no event, however, shall a side yard of more than 25 feet be required. For buildings designed to be used in whole or in part for residential 2 purposes, there shall be a side yard on each side of the building, begin- ning with the first story used in whole or in part for residential purposes, ' of not less than five feet, increasing in width thereafter a distance equal to two percent of the average width of the lot for each story above the first story used for residential purposes. In no event, however, shall a side yard of more than 25 feet be required. Where the side of a lot abuts the side line of a lot in an R District, the aforementioned requirements shall apply for the side yard abutting the R District at the ground level for all buildings. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than five feet. Rear yards abutting on alleys shall have a minimum width of ten feet. (1949 Code § 9103.495 added by Ord. 913; February 23, 1960 as amended by Ord.1052; August 26,1963). • 433 20.22.070-20.24.030 PLANNING AND ZONING 20.22.070 Automobile Storage or Parking Space. When a C-0 District is combined with an "—H" or "—Z" District, accessible storage or space for parking of automobiles off the street shall be provided as set forth in Chapter 20.38 and Chapter 20.40. (1949 Code § 9103.496 added by Ord. 974; October 30, 1961). Chapter 20.24 Gl DISTRICT Sections: 20.24.010 Effect of Chapter. 20.24.020 Uses Permitted. 20.24.030 Uses Requiring Use Permit. 20.24.040 Building Height Limit—Floor Area. 20.24.050 Site Area. 20.24,060 Yards. 20.24.070 Automobile Storage or Parking Space. 20.24.010 Effect of Chapter. The following regulations shall apply in all C-1 Districts, subject to the provisions of Chapter 20.08, (1949 Code 9103.5 added by Ord,635; December 12,1950). 20.24.020 Uses Permitted. The following uses shall be permitted in C-1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a build- ing, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, restaurants, an- tique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (e) Signs appurtenant to any permitted use. (1949 Code $ 9103.51 added by Ord, 635; December 12,1950 as amended by Ord. 1016; November 13, 1962). 20.24.030 Uses Requiring Use Permit. The following use shall be per- mitted subject to the securing of a Use Permit In each case: (a) Animal hospitals, auto sales and repair shops, boat sales, gasoline service stations, marine service stations, cleaning establishments, launder- ies, launderettes, mortuaries, outdoor markets, wholesale stores, outdoor • sales establishments, pet shops, public garages, trailer courts, theatres, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature. 434 • l • C-1 DISTRICT 20.24.040-20.24.070 (b) Handicraft enterprises, including the manufacturing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. (c) Hotels,motels,boarding houses and residential uses. (d) Signs, other than those appurtenant to any permitted use, in- cluding billboards. (1949 Code § 9103.52 added by Ord. 635; December 12, 1950 as amended by Ord. 1016; November 13,1962). 20.24.040 Building Height Limit—Floor Area. The total floor area contained in all buildings on a building site in a C4 District shall not exceed two times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed a height of 35 feet. (1949 Code § 9103.53 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.24.050 Site Area. The Building Site Area required shall be a mini- mum of 2,000 square feet. Minimum building site frontage required shall be 25 feet. (1949 Code § 9103.54 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.24.060 Yards. A. FRONT YARDS. No front yard shall be re- quired, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R Dis- trict. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 5 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 5 feet. Rear yards abutting alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (1949 Code § 9103.55, added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). 20.24.070 Automobile Storage or Parking Space. When a C-1 District is combined with an "—H" or "—Z" District, accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapter 20.38 and Chapter 20.40. (1949 Code § 9103.56 added by Ord. 974; October 30,1961). 0 435 20.26.010-20.26.010 PLANNING AND ZONING Chapter 20.26 02 DISTRICT Sections: 20,26.010 Effect of Chapter. 20.26.020 Intent and purpose—Conditions. 20.26.030 Uses Permitted, 20.26,040 Uses Requiring Use Permit, 20.26.050 Building Height Limit. 20.26.060 Site Area. 20.26.070 Yards. 20.26,080 Automobile Storage or Parking Space. 20.26.010 Effect of Chapter. The following regulations shall apply in all C-2 Districts, subject to the provisions of Chapter 20.08. (1949 Code 9103:6 as amended by Ord.635;December 12,1960). 20.26.020 Intent and Purpose—Conditions. Uses permitted in the C-2 District shall be planned, developed and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to elimi- nate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this city. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be complied with. (1949 Code § 9103.60, added by Ord. 845; April 14, 1958). 20.26.030 Uses Permitted. The following uses shall be permitted in the C-2 Districts: (a) Professional offices; community centers; social halls and clubs. (b) Retail stores; wholesale stores; wholesale bakeries, research laboratories and institutes, laundries; and storage within a building. (e) The following uses, when conducted within a building or en- closed by a solid board or masonry fence at least six feet in height in each case: Creameries; bottling works; building material yards; con- tractors yards; fuel yards; machine shops; storage of goods and materials; and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Signs appurtenant to any permitted use. (1949 Code § 9103.61 added by Ord. 635; December 12, 1950 as amended by Ord. 901; December • 28,1959, Ord 1152; March 14,1966). 20.26.040 Uses Requiring Use Permit. Uses permitted, subject to first securing a Use Permit in each case: 436 C-2 DISTRICT 20.26.050-20.26.080 (a) Dry cleaning plants; lumber yards; light manufacturing, includ- ing the manufacture and repair of boats, clothing, novelties and toys; gaso- line service stations; restaurants; and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels; motels; residential uses; trailer courts; and houseboat marinas. (c) Signs, other than those appurtenant to any permitted use. (1949 Code § 9103.62 added by Ord. 635; December 12, 1950 as amended by Ord. 1037; May 13, 1963, Ord. 1152; March 14,1966). 20.26:050 Building Height Limit. The maximum height of any build• ing shall be 50 feet; provided, that additional height may be permitted if a Use Permit is first secured in each case. (1949 Code § 9103.63 added by Ord. 635; December 12, 1950). 20.26.060 Site Area. The Building Site Area required for each main building shall be a minimum of 2,000 square feet. Minimum building site frontage shall be 25 feet. (1949 Code § 9103.64 added by Ord. 635; Decem- ber 12, 1950). 20.26.070 Yards. A. FRONT YARDS. No front yards shall be re- quired, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R Dis- trict. B. SIDE YARDS. No side yards shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than 3 feet. C. REAR YARDS. No rear yards shall be required, except where the rear of a lot abuts on an R District in which case the rear ,yard shall be not less than 3 feet. Rear yards abutting on alleys shall have a minimum width of 10 feet. D. RESIDENTIAL USES. Yard requirements for residential uses shall be established by Use Permit procedure. (1949 Code § 9103.65 added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.26.080 Automobile Storage or Parking Space. When a C-2 District is combined with an "—H" or "—Z" District, accessible storage or space for the parking of automobiles off the street shall be provided as set forth in Chapters 20.38 and 20.40. (1949 Code § 9103.66, added by Ord. 974; Oc- tober 30, 1961). • 437 20.28.010-20.80.020 PLANNING AND ZONING Chapter 20.28 I DISTRICT Sections: 20.28.010 Effect of Chapter. 20.28.020 Uses Permitted. 20.28.030 Building Height—Site Area—Yards. 20,28.010 Effect of Chapter. The following regulations shall apply in all I Districts, subject to the provisions of Chapter 20.08, (1949 Code § 9103.680,added by Ord.716; April 12,1954). 20.28.020 Uses Permitted. The following uses shall be permitted In I Districts: All uses permitted in a C-1 District, under the same terms and conditions, as contained in Chapter 20.24, specifically excepting from C-1 District uses the following: Markets, service stations, drug stores, barber shops, malt shops, restaurants, beauty parlors, or any other type of busi- ness which by its nature, might directly vend articles or services to persons under eighteen years of age, all of which are prohibited in an I District. (1949 Code § 9103.681 added by Ord. 716; April 12, 1954). 20.28.030 Building Height—Site Area—Yards. The height limit, the building site area, and the yards required in an I District shall be the same as those set out in Section 20.24.040, for building height limit, in Section 20.24.050, for building site area, and in Section 20.24.060, for yards required, in a 0-1 District. (1949 Code § 9103.682 added by Ord. 716; April 12, 1954). Chapter 20.30 M-I DISTRICT Sections: 20.30.010 Effect of Chapter. 20.30.020 Intent and Purpose—Conditions. 20.30.030 Uses Permitted. 20.30.040 Uses Requiring Use Permit. 20.30.050 Prohibited Uses. 20.30.060 Building Height Limit—Moor Area. 20.30.070 Yards. 20.30.010 Effect of Chapter. The following regulations shall apply in all M-1 Districts, subject to the provisions of Chapter 20.08. (1949 Cede 9103.7 added by Ord.635; December 12,1950). 20.30.020 Intent and Purpose—Conditions. Uses permitted in the M-1 District shall be planned, developed and operated In such a manner that 438 • i M-1 DISTRICT 20.30.030-20.30.050 noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil and water to meet the standards or requirements of the Planning Commission, and in such a manner to eliminate any detrimental effect to public health, safety and welfare and be in harmony with objectives of the planning of this City. The Planning Commission may designate such conditions as it deems necessary to secure the purposes of this section and may require such guarantees and evidence that such conditions are being or will be com- plied with. (1949 Code § 9103.70 added by Ord. 845; April 14, 1958). 20.30.030 Uses Permitted. The following uses shall be permitted in the M-1 Districts: (a) Retail and wholesale stores; wholesale bakeries; creameries; bot- tling works; building material yards; contractors yards; fuel yards; machine shops; lumber yards; building and repair of boats; research laboratories and institutes; instrument manufacturing; cartography; bookbinding; printing; lithography; fabrication of plastic products; edi- torial and designing; furniture upholstering; laundries; dry cleaning plants; storage, including storage of cement and lime incidental to a retail or wholesale business; manufacturing uses; and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Signs appurtenant to any permitted use. (1949 Code § 9103.71 added by Ord. 635; December 12, 1950 as amended by Ord. 1152; March 14, 1966). 20.30.040 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a Use Permit in each case: (a) Gasoline service stations; houseboat marinas; and fish smoking, curing or freezing. (b) Professional offices; restaurants. (c) Signs, other than those appurtenant to any permitted use, includ- ing billboards. (1949 Code § 9103.72 added by Ord. 635; December 12, 1950 as amended by Ord. 1037; May 13, 1963, Ord. 1152; March 14, 1965). 20.30.050 Prohibited Uses. The following uses are prohibited in M-1 Districts: Auto wrecking, fish canneries and or reduction grinding and pro- ceasing plants; drilling for and/or removal of oil, gas, or other hydro- carbon carbon materials; distillation of bones; dumping, disposal, incineration • or reduction of garbage, sewage, offal, dead animals or refuse, fat render- ing; manufacture or storage of acid, cement, explosives, fireworks, ferti- lizer, glue, gypsum, lime, plaster of paris or asphalt, stockyard or slaughter of animals, refining of petroleum or its products, smelting of iron, tin, • 09 20.30.060-20.80.070 PLANNING AND ZONING zinc, or other ores; junk yards, hog ralsing, bag manufacture or cleaning, blast furnace or boiler works, breweries, coke ovens, cooperage works, incinerators, cordage mills, foundaries, tanneries, and all other uses which in the opinion of the Planning Commission are of similar nature or may be objectionable, as provided by Section 20.30.020. (1949 Code § 9103.73 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.30.060 Building Height Limit—Floor Area. The total floor area contained in all buildings on a building site in an M-1 District shall not exceed four times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that in no event shall any building exceed a height of 50 feet, except that the mechanical appurtenances thereof may exceed the height limit by a maxi- mum of 15 feet. (1949 Code § 9103.74 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30,1961). 20.30.070 Yards. A. FRONT YARD. No front yard shall be re- quired, except where the frontage in a block is partially in an R District, in which case the front yard shall be the same as required in such R Dis- trict. B. SIDE YARD. No side yard shall be required, except where the side of a lot abuts upon the side of a lot in an R District, in which case the side yard shall be not less than5 feet. C. REAR YARD. No rear yard shall be required, except where the rear of a lot abuts on an R District, in which case the rear yard shall be not less than 10 feet wide. Rear yards abutting on alleys shall have a minimum of 10 feet. (1949 Code § 9103.75 added by Ord. 635; December 12, 1950 as amended by Ord. 974; October 30, 1961). Chapter 20.32 M-1-A DISTRICT Sections: 20.32.010 Effect of Chapter. 20,32.020 Intent and Purpose. 20.32.030 Uses Permitted. 20.32.040 Uses Requiring Use Permit. 20.32.050 Floor Area. • 20.32.060 Site Area, 20.32.070 Yards. 20.32.080 Off-Street Parking. . 440 M-1-A DISTRICT 20.3%010-20.32.040 20.32.090 Manufacturing and Storage Areas. 20.32.100 Street Right-of-Way. 20.32.010 Effect of Chapter. The following regulations shall apply in all M-1-A Districts and shall be subject to the provisions of Chapter 20.08. Except that where conflict in regulations occur, the regulations specified in this Chapter shall apply. (1949 Code § 9103.9 (part) added by Ord. 804; November 13, 1956). 20.32.020 Intent and Purpose. A. ESTABLISHMENT. M-1-A Dis- tricts may be established in area where it is deemed desirable to provide for limited manufacturing facilities of a design and type which will en- hance the area and not be detrimental to surrounding property or the City. Uses permitted in the M-1-A District shall be planned, developed, con- ducted and operated in such a manner that noise, smoke, dust, odor and waste of any kind is confined and/or purified so as to control pollution of air, soil or water to meet the standards or requirements of the Plan- ning Commission and in such a manner as to eliminate any detrimental effect to the public health, safety and welfare and be in harmony with the objectives of the general planning. B. CONDITIONS. The Planning Commission may designate such conditions as it deems necessary to fulfill the purpose of this Chapter and may require such guarantee and evidence that such conditions are being or will be complied with. (1949 Code § 9103.9 (A,B) added by Ord. 804; November 13, 1956). 20.32.030 Uses Permitted. The following uses shall be permitted in M-1-A Districts. (a) Administrative and professional offices; residences for watchmen or custodians employed on site; employees cafeterias or auditorums; re- search laboratories and institutes; wholesale stores; machine shops; light manufacturing; furniture upholstering; electrical and electronic products and instruments manufacturing; cartography; bookbinding; printing and lithography; fabrication of plastic products; storage warehouse, excluding inflammable materials and truck terminals; editorial and designing. (b) Signs appurtenant to any permitted use, located on property of use. (1949 Code § 9103.91 added by Ord. 804; November 13, 1956 as amended by Ord. 901; December 28, 1959, and Ord. 1152; March 14, 1966). 20.32.040 Uses Requiring Use Permit. The following uses shall be permitted, subject to the first securing of a Use Permit in each case: Furniture manufacturing; assembling and construction of paper • products with finished paper stock; garment manufacturing; building and repairing of boats within a building; laundry and dry cleaning plants; gasoline service stations; manufacture of novelties, toys and small appli- ances; building material yards; contractors yards; restaurants; medical • 441 20.32.050-20.82.080 PLANNING AND ZONING and dental offices and clinics; other uses which in the opinion of the Planning Commission are comparable and similar in character with the above uses. (1949 Code § 9103.92 added by Ord. 804; November 13, 1956 as amended by Ord. 1016; November 13, 1962, Ord.1152; March 14, 1966). 20.32.050 Floor Area. The total floor area contained in all buildings on a building site in an M-1-A District shall not exceed four times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed. (1949 Code § 9103.93 added by Ord. 804; November 13, 1956 as amended by Ord.974; October 30,1961), 20.32.060 Site Area. The building site area required shall be a mhii- mum of 10,000 square feet. (1949 Code § 9103.94 added by Ord. 804; November 13, 1956 as amended by Ord. 974; October 30, 1961), 20.32.070 Yards. A. SETBACK. A minimum setback of 15 feet from any street or highway property line shall be required. B. FRONT YARDS. A front yard area adjacent to the front prop- erty line and extending across the property from the side lines 15 feet deep, measured from the front property line, shall be provided. The prop- erty front yard area shall be appropriately landscaped and maintained except for area required for walkways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent (40%) of this front yard area. C. SIDE YARDS. Building sites fronting on one street and having a side property line adjacent to a side street shall provide a yard area 15 feet wide, measured from the side property line and extending from the front property line to the rear property line. The side yard shall be appropriately landscaped and maintained except for areas required for walkways and driveways for ingress and egress to the property. The walkways and driveways shall not use more than forty percent (40°b) of this side yard area. D. ZONE SEPARATION AREA. In cases where a street or alley does not exist to separate this zone from any other more restrictive zone, a zone separation area 10 feet wide and extending the entire distance the zones adjoin each other shall be provided. The zone separation area shall be appropriately landscaped and maintained. (1949 Code § 9103.95 added by Ord. 804; November 13, 1956). 20.32.030 Off-Street Parking. Off-street parking and loading on the building site shall be required in M-1-A Districts according to the follow- ing formula: (a) A minimum of one parking space shall be provided for each 350 square feet of gross floor area in any building. 442 • U DISTRICT 20.32.090-20.34.030 (b) Location and layout of off-street parking shall be approved by the Architectural Control Committee.. (c) All loading and unloading operations and parking of trucks shall be provided for and performed on the premises. (1949 Code § 9103.96 added by Ord. 804; November 13, 1956 as amended by Ord. 1025; January 28, 1963). 20.32.090 Manufacturing and Storage .Areas. All manufacturing and fabrication operations thall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate .plantings of not less than 6 feet in height. (1949 Code § 9103.97 added by Ord.804; November 13, 1956). 20.32.100 Street Right-of-Way. All dedicated streets within or border- ing this M-1-A District shall have a minimum right-of-way 60 feet in width. (1949 Code § 9103.98 added by Ord. 804; November 13, 1956). Chapter 20.34 U DISTRICT Sections: 20.34.010 Effect of Chapter. 20.34.020 Uses Permitted. 20.34.030 Building Height Limit—Site Area—Yards. 20.34.010 Effect of Chapter. The following regulations shall apply in all unclassified or U Districts and shall be subject to the provisions of Chapter 20.08. U District shall include all of the incorporated area within the City not precisely zoned or included in any zone or district as pro- vided for under the zoning code of the City of Newport Beach. (1949 Code § 9103.8 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.34.020 Uses Permitted. The following uses shall be permitted in U Districts: All uses not otherwise prohibited by law; provided; that a Use Permit shall first be secured for any use to be established in any U Dis- trict, except authorized piers. (1949 Code § 9103.81 added by Ord. 635; December 12, 1950). 20.34.030 Building Height Limit Site area—Yards. Building height limits, building site area required and yards required shall be as specified • in the Use Permit. (1949 Code § 9103.82 added by Ord. 635; December 12, 1950). • 443 �L 20.36.010-20.36.020 PLANNING AND ZONING Chapter 20.36 1°--B" DISTRICT Sections: 20.36.010 Effect of Chapter. 20,36.020 Site Area. 20.86.030 Uncovered Rear Yard Area. 20.36.040 Slope Ratio Approval Required. 20.36.050 Site Area. 20.86,010 Effect of Chapter. The following regulations shall apply in lieu of building site area, yard and lot width requirements in the respec- tive districts where such districts are combined with the "—B" District, and shall be subject to the provisions of Chapter 20.08.All other provisions of the respective districts shall apply. (1949 Code § 9104.1 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.36.020 Site Area. The following minimum building site area, lot sizes and setbacks shall be required and the following maximum coverage shall be allowed in the respective"—B"Districts: Combining Designation B: . Building site area 6000 square feet. Lot width 60 feet. Lot length 80 feet. Front yard 20 feet. Rear yard 6 feet. Side yard 6 feet. Maximum coverage 60 percent. Combining Designation B-1: Building site area 7500 square feet. Lot width 75 feet. Lot length 90 feet. Front yard 15 feet. Rear yard 7 feet. Side yard 7 feet. Maximum coverage 60 percent. Combining Designation B-2: Building site area 10,000 square feet. Lot width 90 feet. Lot length 100 feet. Front yard 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percent 444 • "—H" DISTRICT 20.36.030-20.36.050 Combining Designation B-3: Building site area 20,000 square feet. Lot width 100 feet. Lot length 150 feet. Front yard- 15 feet. Rear yard 10 feet. Side yard 10 feet. Maximum coverage 60 percent Combining Designation B-4: As designated on zoning map; provided, that no requirements be less than B-3 regulations. All setbacks on the street side of a corner lot shall not be less than that required on existing or adjacent reversed frontage when such exists. (1949 Code § 9104.11 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.36.030 Uncovered Rear Yard Area. There shall be a minimum of 750 square feet of rear yard land area adjoining the main dwelling main- tained uncovered. (1949 Code § 9104.11-1 added by Ord. 845; April 14, 1958). . 20.36.040 Slope Ratio Approval Required. Any banks graded or benched for-•building sites in "—B" Districts wherein cuts are required, leaving banks or slopes of a greater grade than a ratio of 3 to 1, shall be approved by the Planning Commission prior to obtaining a building permit. (1949 Code § 9104.12 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14,1958). 20.36.050 Site Area. The following minimum building site area shall be required for each family unit (maximum density permitted in R Dis- tricts where combined with "—B"District) : R-2 R-3 R-4 B 3000 sq. ft. 1500 sq. ft. 1250 sq. ft. B-1 3000 sq. ft. 1500 sq. ft. 1250 sq. ft. B-2 3000 sq. ft. 2000 sq. ft. 1500 sq. ft. B-3 3000 sq. ft. 2000 sq. ft. 1500 sq. ft. (1949 Code § 9104.13 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). Chapter 20.38 "—H" DISTRICT • Sections: 20.38.010 Effect of Chapter. 20:38:020 Uses Permitted. 445 20.38.010-20.38,030 PLANNING AND ZONING 20.38.030 Off-Street Parking Required—Schedule. 20.38.040 Off-Street Parking on Separate Lot. 20.38.050 Building Location. 20,88.010 Effect of Chapter. The following regulations shall apply in all C and M Districts with which are combined "—H" Districts, In addi- tion to the regulation hereinbefore specified therefor, and shall be sub- ject to the provisions of Chapter 20.08; provided, however, that if any of the regulations specified in Section 20.38.020 and 20.38.030 differ from any of the corresponding regulations specified in this Chapter for any district with which is combined an "--H" District, then in such case the provisions of Sections 20.38.020 and 20.88,030 shall govern. (1949 Code § 9104.2 added by Ord, 635; December 12, 1950 as amended by Ord. 845; April 14,1958). 20.38.020 Uses Permitted. The following uses shall be permitted in "—H" Districts: All uses permitted in the respective districts with which the District is combined, subject to approval as to design of buildings and design and location of parking lot; except,however, as provided in Sections 20.38.030 and 20.38.040. (1949 Code § 9104.21(part) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.38.030 Off-Street Parking Required—Schedule. Off-Street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the `—W District is combined,according to the following formula: (a) Retail Stores: One parking space for each 250 square feet and one loading space for each 10,000 square feet of store floor area. (b) Office Buildings: One parking space for each 250 square feet of floor area. (c) Wholesale and Industry: One parking space for each 2,000 square feet of gross floor area and one loading space for each 10,000 square feet of gross floor area, but in no event shall there be less than 10 parking spaces for each such establishment. (d) Restaurants: One parking space for each three seats. (e) Public Assembly: One parking space for each five seats. (f) Theatres: One parking apace for each five seats. (g) Hotels: One parking space for each two guest rooms. (h) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee,. (i) Clinics: One parking space for each 250 square feet of floor area, plus one additional space for each doctor and one for each employee. 440 • "—Z" DISTRICT 20.38.040-20.38.050 • (j) Motels: One parking space for each guest unit. _ ' (1949 Code § 9104.21(a) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.38.040 Off-Street Parking on Separate Lot. The Planning Commis- sion shall not recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the pro- posed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership•of the off-site lot must be ownership in fee or a lease- hold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or addi- tional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Building Depart- ment and Planning Department. (1949 Code § 9104.21(b) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). 20.38.050 Building Location. In case no building line is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building will front, in any district with which an "—H" District is combined,no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be inci- dental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Chapter 20.08. (1949 Code § 9104.22 added by Ord. 635; December 12, 1950). Chapter 20.40 '°—Z" DISTRICT Sections:- 20.40.010 Effect of Chapter. '20.40.020•"Uses Permitted. 44Z I 20.40.010-20.40.040 PLANNING AND ZONING •- 20.40.030 Off-Street Parking Required—Schedule. . 20,40,040 Off-Street Parking on Separate Lot. 20.40.050 Waiver of Off-Street Parking Requirement. 20.40.010 Effect of Chapter. The following regulations shall apply In all C Districts with which are combined "—Z" Districts, in addition to the regulations hereinbefore specified therefor, and shall be subject to the provisions of Chapter 20.08; provided, however, that if any of the regula- tions specified in the "—Z" District differ from any of the corresponding regulations specified in this Chapter for any District with which is com- bined the '—Z" District, then and in such case the provisions of the "—Z" District shall govern. (1949 Code § 9104.3 added by Ord. 913; February 23,1960). 20.40.020 Uses Permitted. The following uses shall be permitted in '—Z" Districts: All uses permitted in the respective districts with which the "—Z"Dis- trict is combined, subject to approval as to design of building and design and location of parking lot; except, however, as provided in Sections 20.40.030 and 20.40.040. (1949 Code § 9104.31(part) added by Ord. 913; February 2%1960). 20.40.030 Off-Street Parking Required--Schedule. Off-street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Com- mission, shall be required in all districts with which the "—Z" District is combined,according to the following formula: (a) Retail and Wholesale Stores: One parking space for each 350 square feet and one loading space for each 10,000 square feet of store floor area. (b) Office Buildings: One parking space for each 350 square feet of floor area. (e) Restaurants: One parking space for each three seats. (d) Public Assembly: One parking space for each five seats. (e) Theatres: One parking space for each five seats. (f) Hotels: One parking space for each two guest rooms. (g) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (h) Clinics: One parking space for each 250 square feet of floor area, plus one additional space for each doctor and one for each employee. (i) Motels: One parking space for each guest unit. (j) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (1949 Code § 9104.31(a) added by Ord. 913; February 23, 1960). 20.40.040 Off-Street Parking on Separate Lot. The Planning Com- 448 • `°—UL" DISTRICT 20.40.050-20.42.010 • mission shall not recommend and the City Council shall not approve off- street parking on a separate lot from the building site or sites unless: (a) Such lot is so located as to be useful in connection with the pro- posed use or uses on the building site or sites. (b) Parking on such lot will not create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a lease- hold interest of a duration adequate to serve all proposed uses on the building site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off-street parking on such lot for the duration of the pro- posed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Building Depart- ment and Planning Department. (1949 Cede § 9104.31(b) added by Ord. 913; February 23, 1960). 20.40.050 Waiver of Off-street Parking Requirements. The Planning Commission may recommend and the City Council may approve, on peti- tion of the property owner, a waiver of or reduction in off-street parking required by the terms of this section under the following conditions: (a) When a municipal parking lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously (1949 Code § 9104.31(c) added by Ord. 913; February 23, 1960). Chapter 20.42 —UL" DISTRICT Sections: 20,42.010 Height Limit. 20.42.010 Height Limit. The maximum height limit in feet established for the R-4 and C-O Districts, respectively, shall not apply in such districts with which are combined the "—TJL" District. The height limit in such combined districts shall be limited only by the formula based upon the ratio 449 20.44.01"0.44.050 PLANNING AND ZONING of floor space to buildable area established for each such district. All other provisions of this Title for each such district shall apply, (1949 Code § 9104.4 added by Ord. 984; December 11, 1961). Chapter 20.44 NONCONFORMING STRUCTURES AND USES Sections: 20.44.010 Prior Use of Land. 20.44.020 Prior Use of Buildings. 20.44.030 Extension Throughout Building of Nonconforming Use. 20.44.040 Change of Nonconforming Use. 20.44.050 Cessation of Nonconforming Use. 20.44.060 Restoration of Damaged or Destroyed Building. 20.44.070 Maintenance and Repairs. 20.44.080 Prior Plans, Construction or Designated Use. 20.44.090 Exempt Nonconforming Buildings. 20AC010 Prior Use of Land. The lawful use of land existing at the time of the adoption of this Title, although such use does not conform to the regulations herein specified for the district in which such land is located, may be continued, provided that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of this Title, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this Title, for the district in which such land is located. (1949 Code § 9105.7(a) added by Ord. 635; December 12, 1950). 20.44.020 Prior Use of Buildings. The lawful use of buildings existing at the time of the adoption of this Title may be continued, although such use does not conform to the regulations specified for the district in which such buildings are located. (1949 Code § 9105.7(b) added by Ord. 635; December12, 1950). 20AL030 Extension Throughout Building of Nonconforming Use. The nonconforming use of a portion of a building may be extended throughout the building; provided, that In each case a Use Permit shall first be ob- tained. (1949 Code § 9105.7(c) added by Ord. 635; December 12, 1950). 20.44.010 Change of Nonconforming Use. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a Use Permit shall first be obtained. (1949 Code § 9105.7(d) added by Ord. 635; December 12, 1950). 20.44.050 Cessation of Nonconforming Use. If the nonconforming use of a building ceases for a continuous period of six months, it shall be con, 4�0 • • NONCONFORK(NG STRUCTURES AND USES 20.44.060-20.44.090 • sidered abandoned and shall thereafter be used only in accordance with the regulations for the District in which it is located. (1949 Code § 9105.7 (e) added by Ord.635; December 12, 1950). 20.44.060 Restoration of Damaged or Destroyed Building. A noncon- forming building damaged or destroyed by fire, explosion, earthquake, or other act to an extent of more than ninety percent (90%) of its appraised value at the time of the damage, as fixed by the General Appraisal Com- pany of Los Angeles, California, or other equally responsible firm, or to an extent of one hundred percent (100%) of the appraised value thereof according to the assessment by the Assessor for the fiscal year during which such destruction occurs, may be restored only if a Use Permit is first obtained in each case. (1949 Code § 9105.7(f) added by Ord. 635; December 12,1950). 20.44.070 Maintenance and Repairs. Ordinary maintenance and re- pairs may be made to any nonconforming building, providing no structural alterations are made and provided that such work does not exceed fifteen percent (1551o) of the appraised value in any one year period. Other repairs or alterations may be permitted provided that a Use Permit shall first be secured in each case. (1949 Code § 9105.7(g) added by Ord. 635; Decem- ' ber12, 1950). 20.44.080 Prior Plans, Construction or Designated Use. Nothing con- tained in this Title shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective, and upon which actual construction has been started prior to the effective date of this Title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building. (1949 Code § 91057(h) added by Ord. 635; December 12, 1950). 20.44.090 Exempt Nonconforming Buildings. The following types of nonconforming buildings are exempt from the requirement of a Use Permit for certain repairs, alterations or additions as provided in Section 20.40.070. (a) Buildings located in R-1-B, R-2-B, R-3-B, and R-4-B Districts which are nonconforming only because amendments of this Title have changed side yard requirements subsequent to the original construction of such buildings. Such nonconforming side yards may be continued in the construction of additions. (b) Buildings which are nonconforming only because amendments of this Title have changed the dimensions of required parking or garage spaces from 8 feet by 20 feet to 9 feet by 20 feet subsequently to the original construction of the building; provided that the building together with any proposed addition will conform to existing provisions of this Title with regard to the number of required parking or garage spaces. 451 20.40.010-20.46.030 PLANNING AND ZONING Such repairs, alterations or additions must comply with all require- . ments of this Title in effect on the date the application for a building per- mit is filed, except as otherwise provided in this section. (1949 Code § 9105.8 added by Ord. 909; February 8, 1960 as amended by Ord. 1076; January 13, 1964). Chapter 20.46 PERMITS Sections: 20A6.010 Zoning Permit Required. 20.46.020 Use Permits. 20.46.030 Application for Use Permit—Fee. 20.46.040 Delegation of Authority to Planning Director. 20.46.050 Public Hearings, 20.46.060 Action by Commission, Director or City Council. 20.46.070 Use Permit Appeal. 20.46.080 Use Permit Requisite to Other Permits. 20.46.090 Revocation of Permits or Variances. 20.46.010 Zoning Permit Required. Zoning Permits shall be required for all buildings and structures hereinafter erected, constructed, altered, repaired, or moved within or into any district established by this Title, and for the use of vacant land or for a change in the character of the use of land, within any district established by this Title. Such permit may be a part of the building permit and shall be issued by the Building Inspector prior to any construction. (1949 Code § 9106.1, § 9106.11 added by Ord. 635; December 12,1960). 20.46.020 Use Permits. Use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Title. (1949 Code§ 9106.2 added by Ord.635;December 12,1950). 20.46.030 Application for Use Permit—Fee. Applications for Use Per- mits shall be filed in the office of the Planning Department in writing on forms prescribed by the Commission and shall be accompanied by a fee of Thirty Dollars ($30) and by plans and elevations necessary to show the detail of the proposed building or use. Application for a Use Permit may be made by the owner, lessee, or agent of the owner of the property affected. The application shall be signed by the recorded owner or the lessee, or may be signed by an agent of the owner if written authorization from the record owner is filed with the application. (1949 Code § 9106.21 added by Ord. 635; December 12, 1950 as amended by Ord.1059; September 23,1963). 452 PERMITS 20.46.040-20.46.060 • 20.46.010 Delegation of Authority to Planning Director. A. DELE- GATION BY RESOLUTION. The Planning Commission may delegate to the Planning Director authority to act on any specific class of Use Permit. Such delegation of authority shall be made by formal resolution of the Planning Commission and shall be subject to confirmation by the City Council. The withdrawal of the authority so delegated to the Plan- ning Director may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the City Council alone. B. DISCRETION OF DIRECTOR. The Planning Director may in his discretion decline to act on any application for a Use Permit over which he has been granted jurisdiction and may refer the application to the Planning Commission for its decision. (1949 Code § 9106.22 added by Ord. 1059; September 23,1963). 20.46.050 Public Hearings. A. DISCRETIONARY. No public hear- ings need be held in connection with the grant or denial of an application for a Use Permit; provided, that the Planning Commission may in their discretion hold such public hearings as they deem advisable. B. NOTICE. When a public hearing is deemed advisable, notice of such hearing shall be given by publication in the official newspaper of the • City and by posting the notice in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or by mailing the notices, postage prepaid, at least five days prior to the hearing, to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the ex- terior boundaries of applicant's property. C. CONTINUANCE. Upon the date set for a public hearing before the Planning Commission or an appeal before the City Council, the Plan- ning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (1949 Code § 9106.23 added as § 9106.22 by Ord. 635; December 12, 1950 as amended by Ord. 1059; September 23, 1963). 20.46.060 Action by Commission, Director or City Council. A. FIND- INGS. In order to grant any Use Permit, the Planning Commission, the Planning Director, or the City Council in acting on appeals, shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of per- sons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. B. IMPOSITION OF CONDITIONS. The Planning Commission, Plan- . 453 20.46.070 PLANNING AND ZONING ning Director or the City Council in acting on appeals, may impose such • conditions in connection with the granting of a Use Permit as they deem necessary to secure the purposes of this Title and may require guaran- tees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off-street parking facilities as determined in each case. In the event of an appeal to the City Council from a decision of the Planning Commission or the Planning Director granting or denying a Use Permit, the Planning Commission or the Plan- ning Director shall file with the City Council prior to the hearing of the appeal written findings setting forth the reasons for the decision. C. RENDERING OF DECISION. After the conclusion of the hear- ing on any application for a Use Permit, the Planning Commission or the Planning Director shall render a decision within 35 days. Use Permits shall not become effective for 15 days after being granted, and in the event an appeal is filed, the permit shall not become effective unless and until a decision granting the Use Permit is made by the City Council on such appeal. The granting of any Use Permit, when conforming to the provisions of this Title, is hereby declared to be an administrative func- tion, the authority and responsibility for performing which Is imposed upon the Planning Commission and the Planning Director and the action thereon by the Planning Commission or Planning DIrector shall be final and conclusive, except in the event of an appeal as hereinafter provided. (1949 Code § 9106.24 added as § 9106.23 by Ord. 635; December 12, 1950 as amended by Ord. 1057; September 23, 1963). 20.46.070 Use Permit Appeal. A. INITIATION OF APPEAL. In case the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning DIrector, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within 15 days following said action. B. DATE-NOTICE. The City Clerk shall set a date for public hear- ing and give notice in the manner prescribed in Section 20,46,050. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal Is from a decision of the Planning Commission, or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of appeal to the City Council, the written findings of the Planning Com- mission or the Planning Director shall be submitted to the City Council, together with all maps, letters, exhibits, and other documentary evidence considered by the Planning Commission or the Planning Director in reach- ing a decision. C. DECISION. The City Council shall render its decision within 60 days after the filing of such appeal. (1959 Code § 9106.25 added as § 9106.24 by Ord. 635; December 12, 1950 as amended by Ord. 1059; Sep- tember 23,1963). 454 VARIANCES 20.46.080-20-48.010 • 20.46.080 Use Permit Requisite to Other Permits. No building or zoning permit or certificate of occupancy shall be issued in any case where a Use Permit is required by the terms of this Title unless and-until such Use Permit has been granted by the Planning Commission or Planning Director or by the affirmative vote of the City Council on appeal,and then only in accordance with the terms and conditions of the Use Permit granted. (1949 Code § 9106.26 added as § 9106.25 by Ord. 635; December 12, 1950 as amended by Ord. 1059; September 23, 1963). 20.46.090 Revocation of Permits or Variances. A. DURATION. Any zoning permit, use permit, or variance granted in accordance with the terms of this Title shall be revoked if not used within 11/2 years from the date of approval unless, on approval, the Planning Commission specifies or has specified a different period of time. B. VIOLATION OF TERMS. Any zoning permit, use permit, or variance granted in accordance with the terms of this Title may be re- voked if any of the conditions or terms of such permit or variance are vio- lated, or if any law or ordinance is violated in connection therewith. C. HEARING. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at • least ten days prior to the hearing, and shall submit its recommendations to the City Council. The City Council shall act thereon within 60 days after receipt of the recommendation of the Planning Commission. (1949 Code § 9106.41 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958: § 9106.42 and § 9106.43 added by Ord. 635; December 12,1950). Chapter 20.48 VARIANCES Sections: 20.48.010 Policy. 20.48.020 Application. 20.48.030 Delegation of Authority to Planning Director. 20.48.040 Public Hearings. 20.48.050 Action by Commission, Director or City Council. 20.48.060 Appeal. 20.48.010 Policy. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this Title may result from the strict application of certain provisions thereof, variance may granted as provided in this Chapter. (1949 Code § 9106.3 added by Ord.' 635; December 12,1950). 455• I -- 20.48.020-20.48,040 PLANNING AND ZONING 20.48.020 Application, A. FILING—FEE. Applications for variances • shall be made in writing and filed in the office of the Planning Depart- ment on forms prescribed by the Commission and shall be accompanied by a filing fee of Fifty Dollars ($50) if a public hearing Is deemed neces- sary by the Planning Director or Fifteen Dollars ($15) if a public hear- ing is not required. B. APPLICANT. Application for a variance may be made by the owner, lessee, or agent of the owner of the property affected. The applica- tion shall be signed by the record owner, lessee, or may be signed by an agent of the owner if written authorization from the record owner is filed with the application. C. EVIDENCE. The application shall, in addition, be accompanied by a statement,plans and evidence showing: 1. That there are exceptional or extraordinary circumstances apply- ing to the land,building or use referred to in the application,which circum- stances or conditions do not apply generally to land, buildings and/or uses in the same district, 2. That the granting of the application is necessary for the preser- vation and enjoyment of substantial property rights of the applicant. 3. That the granting of such application will not, under the circum- stances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular - case be materially detrimental to the public welfare or injurious to prop- erty or improvements in the neighborhood. (1949 Code 4 9106.31 added by Ord. 635; December 12, 1950 as amended by Ord. 1059; September 23, 1963). 20.48.030 Delegation of Authority to Planning Director. A. DELE- GATION BY RESOLUTION. The Planning Commission may delegate authority to act on any specific class of variance. Such delegation of au- thority shall be made by formal resolution of the Planning Commission and shall be subject to confirmation by the City Council. The withdrawal of the authority so delegated to the Planning Director may be accom- plished in the same manner as the authority was originally delegated or by formal resolution of the City Council alone. B. DISCRETION OF DIRE,CTOR. The Planning Director may in his discretion decline to act on any application for a variance over which he has been granted jurisdiction and may refer the application to the Planning Commission for its decision. (1949 $ 9106,32 added by Ord. 1059; September 23,1963). 20.48.040 Public Hearings. A. REQUIRED—NOTICE. A public hear- ing shall be held on all variances, except as otherwise provided in this Chapter, within 60 days after filing of the application, notice of which 456 VARIANCES 20.48.050-20.48.060 shall be given by publication in the official newspaper of the City and by • posting the notice in not less than two conspicuous places on or close to the property affected at least 10 days prior to the hearing or by mailing the notice, postage prepaid, at least 5 days prior to hearing to all prop- erty owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of 300 feet from the exterior boundaries of applicant's property; provided, however, that public hearings need not be held on applications over which jurisdiction has been delegated to the Planning Director. B. CONTINUANCE. Upon the date set for a public hearing or an appeal to the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. (1949 Code § 9106.33 added as § 9106.32 by Ord. 635; December 12, 1950 as amended by Ord. 1059; September 23,1963). 20.48.050 Action by Commission, Director or City Council. A. I=- INGS. In order to grant any variance, the findings of the Planning Com- mission, the Planning Director or the City Council in acting on appeals, shall be that the applicant has established the grounds for variance set forth in this Chapter. B. CONDITIONS. The Planning Commission, Planning Director, or City Council in acting on appeals, may designate such conditions in con- nection with the granting of a variance as they deem necessary to secure the purposes of this Title, and may require such guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off-street parking facilities as determined in each case. C. RENDERING OF DECISION. After the conclusion of the hear- ing on any application for a variance, the Planning Commission or the Planning Director shall render a decision within 35 days following the close of the hearing on the application. A variance shall not become effec- tive for 15 days after being granted, and in the event an appeal is filed, the variance shall not become effective unless and until a decision grant- ing the variance is made by the City Council on such appeal. The grant- ing of any variance, when conforming to the provisions of this Title, is hereby declared to be an administrative function, the authority and re- sponsibility for performing which is imposed upon the Planning Commis- sion and Planning Director and the action thereon by the Planning Com- mission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided. (1949 Code § 9106.34 added as § 9106.33 by Ord. 635; December 12, 1950 as amended by Ord. 1059; September 23, 1963). 20.48.060 Appeal. A. INITIATION OF APPEAL. In case the appli- 457 20.50.010 PLANNING AND ZONING cant or any person, firm or Corporation Is not satisfied with the action of • the Planning Commission or the Planning Director, he may appeal to the City Council by filing a written notice of appeal with the City Clerk with- in 15 days after the decision is made. B. DATZ—NOTICE. The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 20.48.040. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Commission, or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning Commission or the Planning Director shall be submitted to the City Coun- cil, together with all maps, letters, exhibits and other documentary evi- dence considered by the Planning Commission or the Planning Director In reaching a decision. C. DECISION. The City Council shall render Its decision within 60 days after the filing of such appeal. (1949 Code § 9106.35 added as § 3106.34 by Ord. 635; December 12, 1950 as amended by Ord. 1059; Sep- tember 23,1963). Chapter 20.50 . PLANNED RESIDENTIAL DEVELOPMENT Sections: 20,50.010 Intent and Purpose. 20,50.020 Use Permit Required. 20.50.030 Application for Permit. 20.50.040 Application Contents. 20.50.050 Relocation of Structures in Common Area. 20.50.060 Land Area Required, 20.50,070 Dwelling and Uses Permitted. 20.50.080 Perimeter of Public Streets—Partial Waiver, 20.50.090 Conformance to Master Plan. 20.50.100 Maximum Building Coverage. 20.50.110 Minimum Land Area Per Dwelling Unit. 20.50A20 Minimum Floor Area. 20.50.130 Building Height. 20.50.140 Yards and Open Spaces. 20.50.150 Off-Street Parking. 20.50.160 Reports from Fire and Public Works Departments. 20,50.170 Conformance Requisite to Building Permit Issuance. 20.50.010 Intent and Purpose. A planned residential development is a development planned and designed as a unit to produce an environment 458 • PLANNED RESIDENTIAL DEVELOPMENT 20.50.020-20.50.010 • of stable, desirable character not out of harmony with its surrounding neighborhood and which meets standards of density, open space, light and air, pedestrian and vehicular access, and traffic circulation similar to the regulations of this Title for the R Districts in which such development is to be located. (1949 Code § 9108.1 added by Ord. 955; April 10, 1961). 20.50.020 Use Permit Required. Planned residential developments may be permitted in any R District when a Use Permit is first secured for each such development. Such Use Permit shall be subject to the regulations and requirements of this Chapter and notwithstanding the provisions of Chap- ter 20.46 shall be processed in accordance with the terms of this section. (1949 Code § 9108.2(a) added by Ord. 955; April 10, 1961). 20.50.030 Application for Permit. A. FEE. Any application for a Use Permit under the provisions of this chapter shall be accompanied by a fee of Five Hundred Dollars ($500) if the land area of the proposed development is five acres or less, plus One Hundred Dollars ($100) for each acre or portion of an acre in excess of five acres. B. PROCESSING. Such application shall be processed by the Plan- ning Commission and transmitted to the City Council with a recommenda- tion for its approval or disapproval and by any conditions the Planning Commission feels should be imposed. The City Council may approve, disapprove or refer the same back to the Planning Commission for further processing. Any such permit is subject to the final approval of the City Council. (1949 Code § 9108.2(b,c) added by Ord. 935; April 10, 1961). 20.50.040 Application Contents. An application for a planned resi- dential development shall be in the form of an application for Use Permit and shall be accompanied by the following information, maps and plans: (a) A boundary survey map of the real property; a tentative sub- division map may be substituted if the applicant proposes to subdivide the property. (b) Topography of the development area and the proposed finished grade shown in contour intervals of not to exceed 2 feet upon request of the Planning Department. (c) The gross land area of the development, the present zoning classi- fication thereof, and the zoning classification and land use of the area surrounding the proposed development, including the location of struc- tures and other improvements. (d) A general development plan with at least the following details shown to scale and dimensioned: • 1. Location of each existing and each proposed structure in the de- velopment area, the use or uses to be contained therein, the number of stories, gross building and floor areas, approximate location of entrances and loading points thereof. 459 20.50.050-20.50.070 PLANNING AND ZONING • 2. All streets, curb cuts, driving lanes, parking areas, loading areas, . public transportation points, and illumination facilities for the same. 3. All pedestrian walks, mails and open areas for the use of occupants and members of the public. 4. Location and height of all walls,fences and screen planting, includ- ing a detailed plan for the landscaping of the development and the method by wbich such landscaping is to be accomplished. 5. Types of surfacing, such as paving, turfing or gravel to be used at the various locations. 6. A grading plan of the area. (e) Plans and elevations of one or more structures to indicate archi- tectural type and construction standards, (f) A verified petition for a change in zoning classification In accord- ance with Section 20.54, if such a change in zoning classification is required to make such development conform to the Master Plan. (g) Such other Information as may be required by the CIty to assist in the consideration of the proposed development. (1949 Code 5 9108.13 added by Ord. 955; April 10, 1961). 20.50.050 Relocation of Structures In Conunou Area. After final ap- proval of any Use Permit for a planned residential development by the . City Council, the Planning Director shall be authorized to approve the relocation of fences, walls, swimming pools, community buildings, utility buildings and facilities, and off-street parking areas located within an open space or recreational lot provided for the use and benefit of the family dwelling units in the development. (1949 Code 5 9108.131 added by Ord. 1114; January 26, 1965). 20.50.060 Land Area Required. A planned residential development shall have sufficient land area to meet the objectives set forth in Section 20.50.010. (1949 Code & 9108.3 added by Ord. 955; April 10, 1961). 20.50.070 Dwelling and Uses Pormitted, A. R-1 DISTRICT. Only single-family dwellings, and accessory uses and buildings normally inci- dental thereto,shall be permitted in an R-1 DIstrict. B. R-2 DIstrict. Only single-family dwellings, two-family or duplex dwellings, or any combination thereof, and accessory uses and buildings normally incidental thereto, shall be permitted in R-2 Districts. C. R-3 and R-4 DISTRICT. Only single-family dwellings, two- family or duplex dwellings, multiple or apartment dwellings, or any combination thereof as approved by the Planning Commission, and acces- sory uses and buildings normally incidental thereto, shall be permitted in an R-3 or R-4 District. D. INSTITUTIONS AND SOCIAL ACTIVITIES. Community cen- ters, social halls, lodges, clubs, private recreational centers, churches, 460 -- - ----- • PLANNED RESIDENTIAL DEVELOPMENT 20.50.080-20.50.140 • schools, yacht clubs, and parks and playgrounds may be permitted in a planned residential development in any R district. All uses or buildings other than those specified herein shall be prohibited. (1949 Code § 9108.4 added by Ord. 955; April 10, 1961). 20.50.080 Perimeter of Public Streets—Partial Waiver. A planned residential development shall be bounded on all sides by public streets. A partial waiver of this requirement may be permitted when it is found and determined that such partial waiver will not be inconsistent with adequate standards of pedestrian and vehicular access and traffic circulation for the development and for the area in which the development is located. (1949 Code § 9108.5 added by Ord. 955; April 10, 1961). 20.50.090 Conformance to Master Plan. All planned residential devel- opments shall conform to the Master Plan of the City of Newport Beach, and no such development shall be approved unless such development does conform to the Master Plan. (1949 Code § 9108.6 added by Ord. 955; April 10, 1961). 20.50.100 Maximum Building Coverage. The maximum building cover- age for the development shall not exceed forty percent (40%) of the land • area being developed, exclusive of land area being se taside for the rights- of-way of public or private streets and alleys. (1949 Code 9108.7 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962). 20.50.110 Minimum Land Area Per Dwelling Unit. The minimum land area for each family dwelling unit, exclusive of land area being set aside for the rights-of-way of public or private streets and alleys, shall be not less than that required for the district or districts in which such develop- ment is to be located. (1949 Code § 9108.8 added by Ord. 635; December 12, 1950 as amended by Ord. 1001; May 14, 1962). 20.50.120 Minimum Floor Area. There shall be a minimum floor living area of 1,000 square feet for each family dwelling unit in an R-1 or R-2 District, and there shall be a minimum floor living area of 600 square feet for each family dwelling unit in an R-3 or R-4 District. Garage space shall not be included in measuring this requirement. (1949 Code § 9108.9 added by Ord. 955; April 10, 1961). 20.50.130 Building Height. The maximum building heights shall be designated in the Use Permit but shall in no event exceed those building heights prescribed in the district or districts in which such development is . to be located. (1949 Code § 9108.10 added by Ord. 955; April 10, 1961). 20.50.140 Yards and Open Spaces. The front and rear yards and open spaces between buildings shall be designated in the Use Permit. (1949 Code § 9108.11 added by Ord. 955; April 10, 1961). • 2461 20.50.150-20,50.170 PLANNING AND ZONING 20.50.150 Off-Street Parking. The off-street parking requirements for each such development shall be as follows: (a) Two covered parking spaces for each family dwelling unit in the development. (b) There shall also be required for the use of visitors and guests at least two additional parking spaces for each family dwelling unit in the development. Such parking spaces may be uncovered and shall be so lo- cated as to be accessible to such visitors and guests. This requirement for additional parking for visitors and guests shall be waived to the extent that the Planning Commission determines that there is an equivalent number of parking spaces available to serve the project when on-street parking spaces and parking spaces in private driveways are taken into consideration. (a) The required parking spaces or any portion thereof may be grouped when it is found and determined that such grouping of parking spaces and the location thereof will be accessible and useful in connection with the proposed dwelling units in the development. (1949 Code § 9108.12 added by Ord. 635; December 12, 1960 as amended by Ord. 1114; January 25, 1965). 20.50.100 Reports from Fire and Public Works Departments. The ap- plication and accompanying information, maps, and plans shall be sub- mitted to the Flre Department and Public Works Department and written recommendations in connection therewith shall be supplied by those de- partments before final action is taken on such development. (1949 Code § 9108.14 added by Ord. 955; April 10, 1961). 20.50.170 Conformance Requisite to Building Permit Issuance. The Department of Building and Safety shall insure that a planned residential development is undertaken and completed in conformance with the ap- proved plans and the terms and conditions of the Use Permit for such de- velopment. No building permit shall be issued for any construction or development which does not conform to such plans, terms, and conditions. (1949 Code § 9105.15 added by Ord. 955;April 10,1961). Chapter 20.52 OIL WELLS Sections: 20.52.010 Drilling Restricted—Designated Area. 20.52.020 Election Required for Permitted Area Alteration— Intent and Purpose. 20.52.030 Fire Prevention. 20.52,040 Creating Nuisance Prohibited. 20.52.050 Watchman Required. 462 • OIL WELLS 20.52.010-20.52.030 • 20.52.010 Drilling Restricted—Designated Area. No person shall erect or construct oil drilling derricks or oil drilling equipment within the City, or shall drill from the surface or by subterranean drilling, for oil, petro- leum, tar, gas or other hydrocarbon substances within the City, or shall build or establish refineries for the purpose of refining petroleum, oil, gas, tar or other hydrocarbon substances within the City; except, that it shall be lawful under the provisions hereof to drill for oil, petroleum, tar, gas or other hydrocarbon substances by slant drilling or subterranean drilling in and under the area hereinafter described; provided, that the drilling sites shall be located outside of the City limits and that such drill- ing shall be at a vertical depth of at least 400 feet below the ground surface within the area mentioned and hereafter described. That the area in the City in which slant drilling or subterranean drilling shall be permitted, under the terms hereof, is described as being: All that area lying northwesterly of the southeasterly line of 53rd Street, and the northeasterly and southwesterly prolongations of the southeasterly line of 53rd Street, as 53rd Street is laid out and shown upon a map of Ocean Front Tract, recorded in Book 4, Page 12 of Miscellaneous Maps, Records of Orange County, California, and a map of River Section, recorded in Book 4, Page 25 of Miscellaneous Maps, Records of Orange • County. (1949 Code § 9124). 20.52.020 Election Required for Permitted Area Alteration—Intent and Purpose. Any proposed change in or expansion of the area within the City of Newport Beach in which slant drilling or subterranean drilling is allowed by Section 20.52.010 shall first be submitted to the qualified electors of the City of Newport Beach for approval or disapproval. If a majority of the qualified electors vote in favor of such a question, then and only then shall the City Council have the power to act on such ques- tion. This section shall apply only to the boundaries of the City of New- port Beach as they exist on April 13, 1954, together with any territory in the process of annexation on said date. This section shall not apply retro- actively to any drilling operation or contract entered into prior to the effective date of this section. It is specifically declared that it is the intention of this Section that it shall apply solely to the question of a change in or expansion of the area in which slant or subterranean drilling is permitted and shall not apply to any other question involving the drilling for or production of oil, gas or other hydrocarbon substances within or under the City of Newport Beach, or its tide and submerged lands. (1949 Code § 9124.1 added by • Ord. 715; April 30,1954). 20.52.030 Fire Prevention. Every person who was at the effective date of Ordinance 372 conducting, carrying on, maintaining or engaging in any of the businesses designated in Section 20.52.010, and who continues such 463 20.52.030-20.54.020 PLANNING AND ZONING • operation, shall conduct the same so as to prevent fire hereby or therefrom, which may endanger, injure or destroy the property of any person within the City. (1949 Code § 9125). 20.52.030 Creating Nuisance Prohibited. No person shall conduct with- in the City any of the business enumerated in Section 20.52.010 in such manner that the noise, smell, odor or gas produced thereby obstructs the free use and enjoyment by others of their property. No person shall permit any of the businesses enumerated in Section 20.52.010 to become offensive to the senses or to permit the same to inter- fere with the complete enjoyment of life or property by others. (1949 Code § 9126 and § 9127). 20.52.050 Watebman Required. No person shall permit or allow a standing derrick or other oil drilling equipment upon any lands within the City without a watchman in constant charge and attendance, and the leaving of any well, whether in operation or not, without a watchman in constant charge and attendance, shall be and constitute a nuisance within the meaning of this Chapter, which nuisance may be abated. (1949 Code 9128). i • Chapter 20.54 ` AMENDMENTS Sections: 20.54.010 Method of Amendment. 20.54.020 Initiation. 20.54,030 Public Hearings. 20.54.040 Action by Planning Commission. 20.54.050 Action by City Council. 20.54.010 hiethod of Amedment. This Title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this Chap- ter. (1949 Code § 9106.5 added by Ord. 635; December 12, 1950). 20.54.020 Initiation. An amendment maybe initiated by: (a) The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee of One Hundred Dollars ($100), no part of which shall be returnable to the petitioner. (b) Resolution of intention of the City Council. (a) Resolution of intention of the Planning Commission. (1949 Code 464 AMENDMENTS 20.54.030-20.54.050 • § 9106.51 added by Ord. 635; December 12, 1950 as amended by Ord. 1011; September 11, 1962). 20.54.030 Public Hearings. A. REQUIRED—NOTICE. The Plan- ning Commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof by at least one publication in a newspaper of general circulation within the City at least ten days prior to the first of such hearings. B. NOTICE TO NEIGHBORING PROPERTY OWNERS. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify any property from any district to any other district, the Planning Commission shall give additional notice through the U. S. Mail at least five days prior to the first of any public hearings to all property owners within 300 feet of the applicant's property, as shown on the last approved assessment rolls of the City. Any failure to mail such notices as aforesaid shall not invalidate any proceedings for amendment of this Title. (1949 Code § 9106.52 added by Ord. 635; December 12, 1950 as amended by Ord. 845; April 14, 1958). 20.54.040 Action by Planning Commission. Following the hearing pro- vided for by Section 20.54.030, the Planning Commission shall approve • or disapprove the proposed amendment.If approved,the Planning Com mis- sion shall make and file a report of its findings and recommendations with the City Council. The Planning Commission shall make its decision and file its report no later than ninety days after the first published notice of the Planning Commission hearing, unless such time limit is extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Planning Commission to take action on the proposed amend- ment or failure to report within the time limit shall be deemed to be ap- proval of the proposed amendment by the Planning Commission. If the proposed amendment is disapproved, no further action shall be taken thereon unless an appeal is filed in writing with the City Council within fifteen days after such disapproval. (1949 Code § 9106.53 added by Ord. 635; December 12, 1950 as,amended by Ord. 937; September 26,1960). 20.54.050 Action by City Council. Upon receipt of such report from the Planning Commission, or upon the expireation of the time limit pre- scribed in Section 20.54.040, or upon the filing of any appeal, the City Council shall set the matter for one public hearing giving notice thereof as provided by law. Notice shall also be given to the Planning Commission of such appeal, and the Planning Commission shall submit a report of its . findings and recommendations to the City Council setting forth the reasons for the decision of the Commission, or the Commission shall be represented at the hearing. After the conclusion of such hearing, the City Council may adopt or reject the proposed amendment, or any part thereof, in such a '465 20 56.010 20.56.030 PLANNING AND ZONING form as the Council may deem to be advisable, or the Council may refer the matter back to the Planning Commission for further study and recom- mendation. The decision of the City Council shall be rendered within sixty days after the receipt of a report and recommendation of approval from the Planning Commission or after the expiration of the time limit prescribed in Sections 20.54.040, or within sixty days after the filing of any appeal. (1949 Code § 9106.54 added by Ord. 635; December 12, 1950 as amended by Ord. 937; September 26, 1960). Chapter 20.56 ENFORCEMENT Sections: 20.56.010 Responsibility for Enforcement. 20.56.020 Penalty for Violations. 20.56.030 Declaration of Nuisance—Abatement. 20.56.040 Effect of Remedies. 20.56.010 Responsibility for Enforcement. .All departments, official T and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or pur- poses in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void. It shall be the duty of the Building Inspector to enforce the pro- visions of this Title pertaining to the ereation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (1949 Code § 9109.1 added by Ord. 635; December 12, 1950). 20.56.020 Penalty for Violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than Three Hundred Dollars ($300) or by imprisonment in the County Jail or the City Jail for a term not exceeding one hundred fifty days, or by both such fine and imprisonment. Such person, firm or corpo- ration shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Title is committed or continued by such person, firm or corporation and shall be punishable as herein provided. (1949 Code § 9109.2 added by Ord. 635; December 12, 1950). 20.50.030 Declaration of Nuisance -- Abatement. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved -166 • APPEALS 20.56.010-20.58.010 • or maintained contrary to the provisions of this Title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Title, shall be and the same is hereby de- clared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceed- ings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and re- move such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Title. (1949 Code § 9109.3 added by Ord. 635; December 12,1950). 20.56.040 Effect of Remedies. The remedies provided for herein are cumulative and not restrictive. (1949 Code § 9109.4 added by Ord. 635; December 12, 1950). Chapter 20.58 APPEALS Sections: 20.58.010 Appeal Procedure. 20.58.010 Appeal Procedure. A. AUTHORITY OF COMIMSSION. The Planning Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this Title. B. APPEAL TO CITY COUNCIL. In case an applicant is not satis- fied with the action of the Planning Commission on his appeal he may within fifteen days appeal in writing to the City Council. C. NOTICE TO COMNIISSION. Notice shall be given to the Plan- ning Commission of such appeal and the Planning Commission shall Sub- mit a report to the City Council setting forth the reasons for action taken by the Commission or shall be represented at the Council meeting at the time the matter is heard. D. RENDERING OF DECISION. The City Council shall render its decision within thirty days after the filing of such appeal. (1949 Code § 9106.36 added as § 9106.35 by Ord. 635; December 12, 1950 renumbered • by Ord. 1059; September 23, 1963). 1.Use permit appeal--See Chapter 20.46. Variance appeal--See Chapter 20.48. Appeal on amendments--See Chapter 20.54. 467 III TENTATIVE MAP 19.12.070-19.12.090 improvements are or installed and of the time at which such im be made P proposed to be completed. (d) Provision for sewerage and sewage disposal. (e) Public areas proposed,if any. (f) Tree planting proposed,if any. (g) Justification and reasons for any exceptions to provisions of this Title. A copy of any restrictive covenants proposed shall be attached to the owner's statement. (1949 Code § 9252.24 and § 9252.25 added by Ord. 650; October 8, 1951). 19.12.070 Determination and Report by Commission. The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this title, and within thirty days after the filing thereof, shall transmit the map and make a report to the City Council recommending the approval, conditional approval or disapproval of the same and its reasons therefor and shall transmit a copy of the report and a copy of the tentative map to the City Engineer. Within ten days after receipt of the report or at its next succeeding regular meeting, the City Council shall consider the tentative map and the report of the Plan- ning Commission and shall approve, conditionally approve or disapprove the same. The City Council's action shall be reported to the subdivider and to the Planning Commission. (1949 Code § 9252.31 added by Ord. 650; October 8, 1951 as amended by Ord. 891; July 27, 1959). 19.12.080 Dedication of Public Areas—Recommendations. The Plan- ning Commission may recommend the subdivider be required to set aside or may suggest to the subdivider the advisability of dedicating or setting aside suitable areas for parks, playgrounds and schools, and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property _ uses therein. In all cases, the Planning Commission shall suggest to the subdivider such measures as will make for excellence of residential, com- mercial or industrial development. (1949 Code § 9252.32 added by Ord. 650; October 8, 1951 as amended by Ord. 891; July 27, 1959). 19.12.090 Grounds for Refusal. The City Council may refuse to ap- prove a tentative map when the only practical use which can be made of the property proposed to be subdivided is a use prohibited by ordinance or law or if the property is deemed unhealthful or unfit for human habita- tion or occupancy by the Health Department. (1949 Code § 9252.34 added by Ord. 650; October 8,1951 as amended by Ord. 891; July 27, 1959). 377 sew' � .�• � 19.16.010-19.16.020 SUBDIVISIONS Chapter 19.16 FINAL MAP Sections: 19.16.010 Preparation and Filing. 19.16.020 Additional Information, 19.16.030 Form and Materials. 19.16.040 Reversion to Acreage. 19.16.050 Utilization of Established Coordinates. 19.16.030 Dimensions and Bearings. 19.16.070 Street or Alley Centerline, 19.I8.080 Indication of Monuments. 19.16.090 General Data Requirements. 19.16,100 Required Certificates. 19.16.110 Certificate of Freedom from Liens. 19.16.120 Bond. 19.16.180 Approval by City Engineer. 19.16.140 Approval of Planning Commission. 19.16.150 Approval by City Council. 19.16.160 Agreement for Improvements, 19.16,170 Performance Security. 19.16,180 Forfeiture of Security. 19.16.190 Security Exceptions or Release. 19.16.200 Deed Restrictions, 19.16.010 Preparation and Filing. Except as provided in Section 19.16.040, and within one year after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision or any part thereof to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved. The tracing and two blue line_or black line prints of the final map shall be filed with the Planning Commission. Extensions of time may be granted by the City Council upon recommendation by the Planning Commission, providing written application is made by the subdivider within one year after action on the tentative map. (1949 Code § 9253.11 added by Ord. 650; October 8, 1951 as amended by Ord. 1012; September 11, 1962). 19.16.020 Additional Information. At the time of the filing of the final map with the Planning Commission, the subdivider shall also file there- with the following: (a) In the event any dedication is to be made for the public use, a preliminary title report issued by a Title Insurance Company, in the name of the owner of the land, issued to or for the benefit and protection of the City of Newport Beach, showing all parties whose consent is necessary of their interests therein, except where the land embraced in such sub- 378