HomeMy WebLinkAboutZoning Code 1958 � 1
TABLE OF CONTENTS
SECTION Page
91.01.0 Purpose . . . . . . . . . . . . . 1
9102.0 Districts . . . . . . . . . . . . . . . . . . . 1
9103.0 R-A Agricultutal District Regulations . . . . 2
9103.1 R-I Single Family District Regulations . . . . . . 3
9103.2 R-2 Duplex Residential District Regulations . . . . . . . 4
9103.3 R-3 Restricted Multiple Residential Regulations . . . . . . . 5
9103.4 R-4 Multiple Residential District Regulations . . . . . . . . 7
9103.480 C-N Neighborhood Commercial District Regulations . . . . . . . 8
9103.5 C-1 Light Commercial District Regulations . . . . . . . . . 9
9103.60 C-2 General Commercial District Regulations . . . . . . 10
9103.680 I Intermediate District Regulations . . . . . . . . 12
9103.7 M-I Manufacturing District Regulations . . . . . . . . 12
9103.8 U Unclassified District Regulations . . . . . . . . . . . 14
9103.9 M-l-A Controlled Manufacturing District Regulations . . . . . . 14
9104.1 B Combining District Regulations . . . . . . . . . . . 17
9104.21 H Off-street Parking Requirements . . . . . . . . . . . . 18
9105.1 Chapter 5 - General Provisions and Exceptions: . . . . . . 19
Uses, Height Limits, 'Building Site Area, Yards,
Swimming Pools, Automobile Storage or Parking
Space, Architectural Control, Non-Conforming Uses.
9106.1 Chapter 6 - Permits, Variances and Amendments . . . . . . . . . '26
9107.1 Definitions . . . . . . . . . . . . . . . . . . 32
9108.1 Interpretation . . . . . . . . . . . .. . . . . . . . . . . 35
9109.1 Enforcement, Penalties and Legal Procedure . . . . . . . . . . 36
9110.1 Repealing . . . . . . . . . . . . . . . 36 ,
9111.1 Validity . . . _ . . . . . . . . . . . . . . . . . . . . 37
9112.1 Reference . . . . . . . . . . . . . . . . . . . . . . . . 37
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City of Newport Beach
ARTICLE IX
PLANNING AND ZONING
CHAPTER 1. PURPOSE
SECTION 9101.0. The purpose of this Article IX 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.
SECTION 9101.1. The Zoning or Districting Plan effectuated by this Article is a
part of the Master Plan and consists of the establishment of various dis-
tricts including all the territory 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.
SECTION 9101.2. 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
Article and all other Ordinances, Sections of this Code, laws and maps
referred to therein.
CHAPTER 2. DISTRICTS
SECTION 9102.0. The several general districts established are as follows:
Agricultural-Residential District or R-A District.
Single Family Residential District or R-1 District.
Duplex Residential District or R-2 District.
Restricted Multiple Family Residential. District or R-3 District.
Multiple Residential District or R-4 District.
Intermediate District or I District.
Neighborhood Commercial District or C-N District.
Light Commercial District or C-1 District.
General Commercial District or C-2 District.
Manufacturing District or. M-1 District.
Unclassified or U District.
Controlled Manufacturing District or M-1-A District.
(Section 9102.0 amended by Ordinance No. 716, adopted April 12, 1954 and
Ordinance No. 845 adopted April 14, 1958)
SECTION 9102. 1. In addition to the general districts established above, the
following special districts are established which, when combined with the
above general districts, establish additional special regulations:
Combining or "-B" Districts - Combining or "-H" Districts.
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SECTION 9102.2. The designations, locations and boundaries of the districts
established are delineated upon the maps entitled '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 inform-
ation thereon are hereby made a part of this Article by reference.
(Section 9102.2 amended by Ordinance No. 845 adopted April 14, 1958)
CHAPTER 3. REGULATIONS
SECTION 9103.0. AGRICULTURAL-RESID$NTIAL OR R-A DISTRICT.
The following regulations shall apply in all R-A Districts and shall be
subject to the provisions of Section 5.
SECTION 9103,01. Uses Permitted:
(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
£arming. This is not to be construed as permitting any commercial use.
(d) One sign, not over six (6) square feet in area and unlighted, pertain-
ing only to the sale, lease or rental of the property upon which the
sign is to be located.
SECTION 9103.02. Building Height Limit:
(a) Maximum of thirty-five (35) feet.
SECTION 9103.03, Building Site Area and Lot Width Required:
(a) Minimum of six thousand (6,000) square feet and a minimum width of
sixty (60) feet. In no case shall there be more than one (1) single
family dwelling on any one (1) building site.
SECTION 9103,04. Percentage of Building Site Coverage Permitted:
(a) For aggregate building coverage, maximum of forty (40) percent of
building site area.
SECTION 9103.05. Yards and Open Spaces Required:
(a) Front yards: minimum twenty (20) feet except as may be otherwise
indicated on the Districting Maps.
(b) Side yards: ten (10) percent of lot width with a minimum of three (3),
feet and a maximum of six (6) feet, provided that the side yard on the
rear one-half (2) 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.
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(c) Rear yards: twenty (20) percent of lot depth with a minimum of
fifteen (15) feet and a maximum of twenty-five (25) feet.
(d) Other: accessory buildings used for the keeping of chickens or other
poultry or rabbits or other animals shall be not less than sixty (60)
feet from the front property line nor less than twenty (20) feet from
any side or rear property line.
SECTION 9103. 1. SINGLE FAMILY OR R-1 DISTRICT.
The following regulations shall apply in all R-1 Districts and shall be
subject to the provisions of Chapter 5 of this article.
SECTION 9103.11. Uses Permitted:
(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.
(c) Accessory uses normally incidental to single family dwellings. This
is not to be construed as permitting commercial uses.
(d) One sign, not over six (6) square feet in area, and pertaining only to
the sale, lease or rental of the property upon which the sign is to be
located.
(Section 9103. 11 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.12. Building Height Limit:
(a) For dwellings -- maximum two stories, but not exceeding thirty-five
(35) feet.
(b) For accessory buildings -- maximum fifteen (15) feet.
SECTION 9103.13. Building Site Area and Lot Width Required:
(a) For each dwelling -- minimum of four thousand (4,000) square feet and
minimum width of forty (40) feet• on interior lots, minimum of five
thousand (5,000) square feet and minimum width of fifty (50) feet on
corner lots. In no case shall there be more than one (1) single family
dwelling on any one (1) building site. (See Section 9105.3 for
exceptions.)
SECTION 9103.14. Building Site Area Coverage Permitted:
(a) Full coverage, less required front, side and rear yards. (except in
combining or "B" Districts, see Section 9104.1)
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SECTION 9103,15. Yards Required:
(a) Front yards: Minimum required twenty (20) feet and maximum permitted
thirty-five (35) feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on Districting Maps are to be
measured from front property line.
(b) Side yards: Each side yard shall not be less than three (3) feet wide
on building sites forty (40) feet wide;or less, or four (4) feet on lots
wider than forty (40) feet, provided that the side yard on the rear
twenty (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: Minimum requirement of ten (10) feet. (Where alleys exist,
see Section 9105,4(e). )
(Section 9103.15 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 91,03.2. DUPLEX RESIDENTIAL OR R-2 DISTRICT.
The following regulations shall apply in all R-2 Districts and shall be
subject to the provisions of Chapter 5.
SECTION 9103,21. Uses Permitted;
(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 sign not over six (6) square feet in area and pertaining only to
the sale, lease or rental of the property upon which the sign is
located.
(Section 9103,21 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.22. Building Height Limit:
(a) For dwellings -- maximum two stories but not exceeding thirty-five (35)
feet.
(b) For accessory buildings -- maximum fifteen (15) feet.
SECTION 9103.23. Building Site Area and Lot Width Required:
(a) For each two (2) dwellings or one duplex -- minimum of four thousand
(4,000) square feet and minimum width of forty (40) feet on interior
lots; minimum of five thousand (5,000) square feet and minimum width
of fifty (50) feet on corner lots. In no case shall there be more than
two (2) single family dwellings or one duplex on any one (1) building
site. (See Section 9105.3 for exceptions).
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(b) For each family unit in any building -- minimum of one thousand (1,000)
square feet of land area.
(Section No. 9103.23 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.24. Building Site Coverage Permitted:
(a) For aggregate building coverage -- full coverage, 'less required front,
side, and rear yards. (Except in Combining or "B" District, see
Section 9104. 1).
SECTION 9103.25. Yards Required:
(a) Front yards: Minimum required twenty (20) feet, and maximum permitted
thirty-five (35) feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on Districting Maps are to be
measured from front lot line.
(b) Side yards: Each side yard shall not be less than three (3) feet wide
on building sites forty (40) feet wide or less, or four (4) feet on
lots wider than forty (40) feet, provided that the side yard on the
rear twenty (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: Minimum requirement of ten (10) feet. (Where alleys exist,
see Section 9105.4(e) .)
(d) Between detached buildings: Minimum ten (10) feet.
(Section 9103.25 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.3. RESTRICTED MULTIPLE FAMILY RESIDENTIAL, OR R-3 DISTRICT.
The following regulations shall apply in all R-3 Districts and shall. be
subject to the provisions of Chapter 5.
SECTION 9103.31. Uses Permitted:
(a) Single Family Dwellings.
(b) Not more than three (3) detached single family dwellings, one triplex,
or one duplex.
(c) Signs not over six (6) square feet in area and unlighted, pertaining
only to the sale, lease or rental of the property upon which the sign
is located.
(Section 9103.31 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.32. Uses Permitted, subject to first securing a Use Permit in each
case:
(a) Multiple dwellings in excess of three (3) single family units, apart-
ment houses, dwelling groups, and rooming or boarding houses and
motels.
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Planning and Zoning
(b) Community centers, social halls, lodges, clubs and rest homes, subject
to first securing a Use Permit in each case.
(c) Signs larger than six (6) square feet and appurtenant to any use.
(Section 9103.32 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.33. Accessory Uses Permitted:
(a) Accessory uses and buildings normally incidental to any of the above.
This shall not be construed as permitting any commercial uses or
occupation other than those specifically listed.
SECTION 9103. 34. Building Height Limit:
(a) For main buildings -- thirty-five (35) feet provided that the height may
be increased to a maximum of seventy-five (75) feet upon the obtaining
of a Use Permit in each case.
(b) For, accessory buildings -- maximum fifteen (15) feet.
(Section 9103.34 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.35. Building Site Area Required:
(a) For each building or group of buildings -- minimum of four thousand
(4,000) square feet and minimum width of forty (40) feet on interior
lots; minimum of five thousand (5,000) square feet and minimum width
of fifty (50) feet on corner lots.
(b) For each family unit in any building or group of buildings, minimum of
twelve hundred (1200) square feet of land area.
(Section 9103.35 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 910.3.36. Building Site Coverage Permitted:
(a) For aggregate building coverage, full coverage, less required front,
side and rear yards, (except in combining or "B" Districts, see Section
9104.1).
SECTION 9103.37. Yards Required:
(a) Front yards: Minimum required twenty (20) feet, and maximum permitted
thirty-five (35) feet, except as may be otherwise indicated on the
Districting Maps. Distances shown on Districting Maps are to be
measured from front lot lines.
(b) Side yards: Each side yard shall not be less than three (3) feet wide
on building sites forty (40) feet wide or less, or four (4) feet on
lots wider than forty (40) feet, provided that the side yard on the
rear twenty (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.
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Planning and Zoning
(c) Rear yards: Minimum of ten (10) feet.
(d) Special yards and distance between buildings:
(1) Distances between buildings in any dwelling group -- minimum eight
(8) feet.
(2) Side yard providing access to single row dwelling group -- minimum
twelve (1.2) feet.
(3) Inner court providing access to double row dwelling group --
minimum twenty (20) feet.
SECTION 9103.4. MULTIPLE RESIDENTIAL OR R-4 DISTRICT.
The following regulations shall apply in all R-4 Districts :and shall be
subject to the provisions of Chapter 5.
SECTION 9103.41. Uses Permitted:
(a) Single Family Dwellings, and Duplexes or Triplexes.
(b) Multiple Dwellings, Apartment Houses and Dwelling Groups.
(c) Signs not over twelve (12) square feet in area and attached to the
main building.
SECTION 9103.42. Uses Permitted, subject to first securing a Use Permit in each
case:
(a) Hotels, Motels and Rooming or Boarding Houses.
(b) Professional Offices.
(c) Community Centers, Social Halls, Lodges and Clubs.
(d) Signs larger than twelve (12) square feet and appurtenant to any use.
(e) Hotel and motel restaurants, 'on-sale' liquor establishments, and
other appurtenant services and retail shops designed primarily for the
convenience of the guests of said hotels and motels and provided that
all access shall be from a lobby, patio or court yard, and further
provided that no advertising be visible from any street.
(Section 9103.42 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.43. Accessory Uses Permitted:
(a) Accessory uses and buildings normally incidental to any of the above.
This shall not be construed as permitting any commercial use or
occupation other than those specifically permitted.
(Section 9103.43 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.44. Building Height Limit:
(a) For main buildings -- fifty (50) feet provided the height limit may be
increased upon the obtaining of a Use Permit in each case.
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(b) For accessory build'i.ns -- fifteen (15) feet provided the height limit
may be increased upon the obtaining of a Use Permit in each case.
(Section 9103.44 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.45. Building Site Area Required:
(a) Same as specified for R-3 Districts.
(b) For each family unit in any buildings or group of buildings -- minimum
of five hundred (.500) square feet of 'land area may be permitted
subject to first securing a Use Permit in each case.
(Section 9103.45 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.46. Building Site Coverage Permitted:
(a) Same as specified for. R-3 Districts.
SECTION 9103.47. Yards Required:
(a) Front, side, rear and special yard requirements, same as specified
for R-3 Districts.
SECTION 9103.480. _NEIGHBORHOOD COMMERCIAL OR C-N DISTRICT.
The following regulations shall apply in all C-N Districts and shall be
subject to the provisions of Chapter 5.
SECTION 91.03.481. Uses Permitted:
(a) Professional offices, community centers, social halls, lodges and clubs.
(b) Retail stores and personal service establishments within a building,
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, gasoline
service stations, restaurants, antique shops, shoe shops, studios,
tailor shops, and other uses which in the opinion of the Planning Comm-
ission are of a similar: nature.
(c) One non-flasni,ng sign appurtenant to any permitted use and not over
thirty-five (35) square feel: in area for each side (if two sides are
used).
SECTION 9103.482. Building height Limit:
(a) Maximum height any buildin -- thirty-five (35) feet., provided that
the height limit may be increased to a maximum of seventy-five (75)
feet upon the obtaining of a Use Permit in each case.
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SECTION 9103.483. Building Site Area Required:
a For each main
building -- minimum two thousand (2000) square feet.
Minimum building site frontage required
uired twenty-five
-five (25) feet.
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SECTION 9103.484, Yards Required:
(a) Front yard : None, 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' District.
(Sections 9103.480 thru 9103.484 added by Ordinance No. 845 adopted
April 14, 1958)
SECTION 9103.5. LIGHT COMMERCIAL OR C-1 DISTRICT.
The following regulations shall apply in all C-1 Districts and shall be
subject to the provisions of Chapter 5.
SECTION 9103.51. Uses Permitted:
(a) Multiple dwellings or apartment houses, hotels, motels, boarding
houses, professional offices, community centers, social halls, lodges
and clubs.
(b) Retail stores and personal service establishments within a building,
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,
gasoline service stations, restaurants, antique shops, shoe shops,
studios, tailor shops, and other uses which in the opinion of the
Planning Commission are of a similar nature.
(c) Signs appurtenant to any permitted use.
(Section 9103.51 amended by Ordinance No. 845, adopted April 14, 1958)
SECTION 9103.52. Uses Permitted, subject to first- securing a Use Permit in each
case:
(a) Animal hospitals, auto sales and repair shops, boat sales, marine
service stations, cleaning establishments, laundries, launderettes,
mortuaries, outdoor markets, wholesale stores, outdoor sales establish-
ments, 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.
(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) Signs, other than those appurtenant to any permitted use, including
billboards.
(d) Single family dwellings, duplexes and dwelling groups.
(Section 9103.52 amended by Ordinance No. 845 adopted April 14, 1958)
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Planning and Zoning
SECTION 9103.53. Building Height Limit:
(a) Maximum height any building -- thirty-five (35) feet, provided that
the height limit may be increased to a maximum of seventy-five (75)
feet upon the obtaining of a Use Permit in each case.
SECTION 9103.54. Building Site Area Required:
(a) For each main building -- minimum two thousand (2,000) square feet.
Minimum building site frontage required twenty-five (25) feet.
SECTION 9103.55. Yards Required:
(a) Front yard : None, 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" District.
(b) Side yard : None, 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 not be
less.
(c) Rear yard : None, except where the rear of a lot abuts on an "R"
District, in which case the rear yard shall not be less than three (3)
feet.
(d) Rear yard abutting alleys :. Minimum ten (10) feet.
SECTION 9103.60. GENERAL COMMERCIAL OR C-2 DISTRICT.
The following regulations shall apply in all C-2 Districts and shall be
subject to the provisions of Chapter 5.
(a) 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 eliminate any detrimental effect
to public health, safety and welfare and be in harmony with objectives
of the planning of this city.
(b) 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.
(Section 9103.60 added by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.61. Uses Permitted:
(a) Multiple dwellings or apartment houses, hotels, motels, rooming and
boarding homes, professional offices, community centers, social balls
and clubs.
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(b) Wholesale stores and storage within a building, wholesale bakeries..
(c) The following uses when conducted within a building or enclosed by a
solid board or masonry fence at least six (6) feet in height in each
case: Creameries, bottling works, building material yards, contractors
yards, feed and fuel yards, including 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.
(Section 9103.61 amended by Ordinance No. 723 adopted May 10, 1954
and Ord. No. 845 adopted April 14, 1958)
SECTION 9103.62. Uses Permitted, subject to first securing a Use Permit in each
case:
(a) Lumber yards, light manufacturing, including manufacture and repair of
boats, clothing, novelties and toys, and uses which, in the opinion of.
the Planning Commission, are of a similar nature.
(b) Single family dwellings, duplexes, dwelling groups and trailer courts.
(c) Signs, other than those appurtenant to any permitted use.
(Section 9103.62 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103,63. Building Height Limit:
(a) Maximum height of any building -- fifty (50) feet, provided that
additional height may be permitted if a Use Permit is first secured in
each case..
SECTION 9103.64. Building Site Area Required:
(a) For each main building -- minimum two thousand (2,000) square feet.
Minimum building site frontage twenty-five (25) feet.
SECTION 91.03.65. Yards Required:
(a) Front yards : None, 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" District.
(b) Side yards : None, 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 three (3) feet.
(c) Rear yard : None, except where the rear of a lot abuts on an "R"
District in which case the rear yard shall be not less than three (3)
feet.
(d) Rear yard abutting on alleys : Minimum ten (10) feet.
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SECTION 91.03.680. INTERMEDIATE OR I DISTRICT
The following regulations shall apply in all. "I" Districts and shall be
subject to the provisions of Chapter 5.
SECTION 9103.681. Uses Permitted:
(a) All uses permitted in a C-1 District, under the same terms and
conditions as are applicable to a C-1 District, as contained in
Sections 9103.51 and 9103.52 of the Municipal Code, specifically
excepting from said C-1 District uses the following: Markets, service
stations, drug stores, barber shops, malt shops, restaurants, beauty
parlors, or any other type of business which, by its nature, might
directly vend articles or services to persons under 18 years of age,
all of which are prohibited in an "I" Zone.
SECTION 9103,682. Building Height Limit, Building Site Area Required, Yards
Required.
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 9103.53, for
building height limit, in Section 9103,54, for building site area, and in
Section '9103.55, for yards required, in a C-1 Zone.
(Sections 9103.680, 9103.681 and 9103.682 added by Ordinance No. 716,
adopted April: 12, 1954)
SECTION 9103. 7. MANUFACTURING OR M-1 DISTRICT.
The Following regulations shall apply in all M-1 Districts and shall be
subject to the provisions of Chapter 5.
SECTION 910370.
(a) Uses permitted in the M-1 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 requiremen.ts 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.
(b) 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.
(Section 9103. 70 added by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103. 71. Uses Permitted:
(a) Retail and wholesale stores or storage, including storage of cement
and lime incidental to a retail or wholesale business, service estab-
lishments, light industrial and manufacturing uses and any other uses
which, in the opinion of the Planning Commission are of a similar nature,
but under the same limitations and restrictions specified in sections
governing same.
(b) Signs appurtenant to any permitted use.
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Planning and Zoning
SECTION 9103. 72. Uses Permitted, subject to first securing a Use Permit in
each case:
(a) All uses permitted in any "R" District.
(b) Fish smoking, curing or freezing.
(c) Signs, other than those appurtenant to any permitted use, including
billboards.
SECTION 9103. 73. Uses Prohibited:
(a) Auto wrecking, fish canneries and/or reduction grinding and processing
plants; drilling for and/or removal of oil, gas, or other hydro-
carbon materials; distillation of bones; dumping, disposal, inciner-
ation or reduction of garbage, sewage, offal, dead animals or refuse,
fat rendering; manufacturer or storage of acid, cement, explosives,
fireworks, fertilizer, glue, gypsum, lime, plaster of paris or
asphalt, stockyard or slaughter of animals, refining of petroleum
or its products, smelting of iron, tin, zinc, or other ores; junk
yards, hog raising, bag manufacture or cleaning, blast furnace or
boiler works, breweries, coke ovens, cooperage works, incinerators,
cordage mills, foundries, 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 9103. 70(a).
(Section 9103. 73 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103. 74. Height Limit:
(a) Maximum height of any building fifty (50) feet provided that
additional height may be permitted if a Use Permit is first secured.
SECTION 9103. 75. Yards Required:
(a) Front yards : None, 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" District.
(b) Side yards : None, 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 five (5) feet.
(c) Rear yards : None, except where the rear of a lot abuts on an "R"
District, in which case, the rear yard shall be not less than three
(3) feet.
(d) Rear yards abutting an alley : minimum ten (10) feet.
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Planning and Zoning
SECTION 9103.8. UNCLASSIFIED OR U DISTRICT.
The following regulations shall apply in all Unclassified or "U" Districts
and shall be subject to the provisions of Chapter 5. ('U' District shall
include all of the incorporated area within the. City not precisely zoned or
included in any zone or district as provided for under the zoning code of
the City of Newport Beach.)
SECTION 9103.81, Uses Permitted:
(a) 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" District,
except authorized piers.
SECTION 9103.82. Other regulations:
(a) Building height limits, building site area required and yards required
shall be as specified in the Use Permit.
SECTION 9103.9. CONTROLLED MANUFACTURING DISTRICT DESIGNATED AS M-I-A DISTRICT.
The following regulations shall apply in all. M-I-A Districts and shall be
subject to the provisions of Chapter 5 of this Article, except that where
conflict in regulations occur, the regulations specified in this Section
shall apply.
A. M-1-A Districts may be established in areas where it is deemed
desirable to provide for limited manufacturing facilities of a design
and type which will enhance the area and not be detrimental to surround-
ing property or the City.
Uses permitted in the M-1-A District shall be planned, developed,
conducted 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 Planning Commission and in such a manner to eliminate any detri-
mental effect to the public health, safety and welfare and be in harmony
with the objectives of the general planning.
B. The Planning Commission may designate such conditions as it deems
necessary to fulfill the purpose of this section and may require such
guarantee and evidence that such conditions are being or will be complied
with.
SECTION 9103.91. Uses Permitted:
Administrative and professional offices, accessory to uses permitted in
this District; Residences for watchmen or custodians employed on site;
Employees cafeterias or auditoriums; Research laboratories and institutes;
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; Signs appurtenant to any permitted use
located on property of use.
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Planning and Zoning
SECTION 9103.92. Uses Permitted, subject to first securing a Use Permit in each
case from the Planning Commission. Said uses must comply with the limit-
ations and restrictions of the M-1-A District. Zone:
Furniture upholstering; furniture manufacturing; finished paper
products; assembling and construction paper products with finished
paper stock; garment manufacturing; boat building within a
building; laundry and dry cleaning plants; manufacturer of novelties,
toys and small appliances; medical and dental offices and clinics;
other uses which in opinion of Planning Commission are comparable and,
similar in character with the uses permitted in the District and which
comply with the limitations and restrictions specified in this M-1-A
Zone.
(Section 9103.92 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.93. Building Height Limit -- Fifty (50) feet, provided that the
height may be increased, subject to first securing a Use Permit in each case.
(Section 9103.93 amended by Ordinance No. 845, adopted April 14, 1958)
SECTION 9103.94. Building Site Area Required.
For each main building -- minimum of 10,000 square feet.
SECTION 9103.95. Yards Required:
A. A minimum setback of fifteen (15) feet from any street or highway
property line shall be required.
B. A front yard area adjacent to the front property line and extending
across the property from the side lines fifteen (15) feet deep measured
from the front property line shall. be provided. Said property front yard
area shall be appropriately landscaped and maintained except for area
required for walkways and driveways for ingress and egress to the prop-
erty. Said walkways and driveways shall not use more than 40% of this
front yard area.
C. Building sites fronting on one street and having a side property line
adjacent to a side street shall provide a yard area fifteen (15) feet
wide measured from the side property line and extending from the front
property line to the rear property line. Said side yard shall be approp-
riately landscaped and maintained except for areas 'required for walkways
and driveways for ingress and egress to the property. Said walkways and
driveways shall not use more than 40% of this side yard area.
D. In cases where a street or alley does not exist to separate this zone
from any other more restrictive zone, a zone separation area ten (10)
feet wide and extending the entire distance said zones adjoin each other
shall be provided. Said zone separation area shall be appropriately
landscaped and maintained.
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Planning and Zoning
SECTION 9103.96. Off-Street Parking for Automobiles Required.
Off-street parking and loading on the building site shall be required in
M-1-A Districts according to the following formula:
1. Minimum of two (2) parking spaces shall be provided for every three
(3) employees on the shift having the largest number of employees, and
not less in any case, than one space for each 2,000 square feet of
ground or floor space, area used for sales, warehousing, storage, man-
ufacturing, processing, or related uses.
2. Location and layout of off-street parking area shall be approved
by the Architectural Control Committee.
3. All loading and unloading operations and parking of trucks shall
be provided for and performed on the premises.
(Section 9103.96 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9103.97. Manufacturing and Storage Areas.
All manufacturing and fabrication operations shall 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 six (6) feet
in height.
SECTION 9103.98. Streets.
All dedicated streets within or bordering this M-I-A Zone shall have a
minimum right of way sixty (60) feet wide.
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Planning and Zoning
CHAPTER IV. COMBINING DISTRICT REGULATIONS
SECTION 9104J. COMBINING OR '-B' DISTRICT.
The following regulations shall apply in lieu of building site area, yard
and lot width requirements in the respective districts where such districts
are combined with the ' -B' District, and shall be subject to the provisions
of Chapter 5. All other provisions of the respective districts shall apply.
(Section 9104.1 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9104.11. Building site area, lot sizes, setbacks and coverage required
in 'B' Districts.
Combining Min. Min. Min. Min. Min. Max.
Designa- Min.Bldg. Lot Lot Front Rear Side Cover-
tian Site Area Width Length Yard Yard Yard age a
B 6,000 sq.ft. 60' 80, 20' 6' 6' 60%
B-1 7,500 " If 75' 90, 15' 7' 7' 60%
B-2 10,000 " " 90, 100, 15' 10, 10, 60%
B-3 20,000 " " 100, 150' 15' 10, 10, 60%
B-4 As designated on zoning 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.
SECTION 9104.1.1-1. There shall be a minimum of seven hundred and fifty (750)
square feet of rear yard land area adjoining the main dwelling maintained
uncovered.
SECTION 9104.12. 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.
SECTION 9104.13. Maximum density permitted in 'R' Districts where combined with
'-B' District.
The following minimum building site area shall be required for each family
unit:
R-2 R-3 R-4
'B' 3000 sq. ft. 1500 sq. ft. 1250 sq. ft.
'B-1' 3000 " " 1500 " " 1250 " "
'B-2' 3000 " It 2000 " " 1500 to it
'B-3' 3000 " " 2000 " " 1500 " It
17 -
Planning and Zoning
SECTION 9104.14. Change in setbacks. The Planning Commission may approve a
change in the setbacks set forth in Section 9104.11 where it is found by
the Planning Commission that such change will make for a better planned
development, and where such change is in harmony with the Master Plan of
the City.
(Sections 9104.11, 9104.11-1, 9104.12, 9104.13 and 9104.14 added by
ordinance No. 845 adopted. April 14, 1958)
SECTION 9104.2. COMBINING OR '-H' DISTRICT.
The following regulations shall apply in all 'C' and 'M' Districts with
which are combined '-H' Districts, in addition to the regulation hereinbe-
fore specified therefor, and shall be subject to the provisions of Chapter 5
of this Article; provided, however, that if any of the regulations spec-
ified in Sections 9104.21 and 9104.22 differ from any of the corresponding
regulations specified in this Article for any district with which is com-
bined an ' -H' District, then in such case the provisions of Section 9104.21
and 9104.22 shall govern.
(Section 9104.2 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9104.21. Uses Permitted:
All uses permitted in the respective districts with which the ' -H' District-
is combined, subject to approval of design of building and design and
location of parking lot, provided however as follows:
(a) Off-street parking on the building site shall be required in all
districts with which the '-H' District is combined, according to
the following formula:
(1) Retail Stores -- 1 parking space for each 100 sq. ft. and
I Loading space for each 10,000 sq. ft. of store floor area.
(2) Office Buildings -- 1 parking space for each 200 sq. ft. of
floor area.
(3) Wholesale and Industry -- 2 parking spaces for each 3 employees,
but in no case less than 1 parking space per each 2000 sq. ft,
and 1 loading space for each 10,000 sq. ft. of floor area.
(4) Restaurants -- 1. parking space for each 3 seats.
(5) Public Assembly -- 1 parking space for each 5 seats.
(6) Theatres -- I parking space for each 5 seats.
(7) Hotels -- 1 parking space for each 2 guest rooms.
(8) Hospitals -- I parking space for each bed, and in addition
I parking space for each resident doctor and each employee.
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Planning and Zoning
(9) Clinics -- 1 parking space for each 100 sq. ft. of floor area,
plus 1 additional space for each doctor and each employee.
(10) Motels -- 1 parking space for each guest unit.
(b) The Planning Commission, on petition of the property owner, may
waive or reduce off-street parking required by the terms of this
section under the following conditions:
(1) When the proposed use is within two hundred (200) feet of a
Municipal off-street parking lot deemed sufficient by the
Planning Commission to meet the maximum requirements of the
area.
(2) When the off-street parking requirement causes unnecessary
hardship because of the size or shape of lots in single
ownership and of record on the effective date of this
ordinance.
SECTION 9104.22. Building Location:
In case no building line is established by the Street & Highway Plan of
the Master Plan of the City or by the provisions of this Ordinance 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, con-
structed, 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 Section 9105.6
of this Article.
CHAPTER 5. GENERAL PROVISIONS AND EXCEPTIONS
The regulations specified for this Article shall be subject to the follow-
ing general provisions and exceptions:
SECTION 9105.1. Uses:
(a) No circus, carnival., amusement park, fun zone, open air theatre, race
track, private recreation centers, or other similar establishments,
shall be established in any District unless and until a Use Permit is
first secured for the establishment, maintenance and operation of such
use.
(b) No dance hall, road house, night club, commercial club, or any establish-
ment where liquor is served, or commercial place of amusement or rec-
reation 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 two hundred (200) feet to the boundary of
any dwelling District, unless a Use Permit shall first have been secured
for the establishment, maintenance and operation of such use.
- 19 -
Planning and Zoning
(c) Accesdofy,''uses and buildings in any ! C" or "M" District are permitted
where such uspa of buildings are incidental to and do not alter the
character of the p6mil sea in respect to their use for purposes permitted
in the District, Stich accessory buildings shall be allowed only when
consttucted concurrent with or subsequent to the wain building.
(d) 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 this shall not 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.
(e) Public or no fee private parking lots for automobiles may be permitted
in any "R" District adjacent to any "C" or "M" District, subject to
first securing a Use Permit in each case.
(f) Churches, schools, hospitals, parks and playgrounds, yacht clubs,
cemeteries (minimum area twenty (20) acres), mausoleums, crematories,
public utility, public and quasi-public buildings, and Municipally
Operated Parking Lot may be permitted in any- District, subject to first
securing a Use Permit in each case.
(Section 9105.1(f) amended by Ordinance No. 806 adopted Feb. 13, 1957)
(g) The removal of earth and other natural materials, may be permitted in
any District, subject to first securing a Use Permit in each case (no
permit required for normal grading or landscaping on Iota of record).
(h) Temporary tract or real estate offices for sales in subdivisions may
be permitted, subject to first securing a Use Permit in each case.
(i) Temporary signs for the advertising of a subdivision may be permitted,
subject to first securing a Use Permit in each case.
SECTION 9105.2.. Height Limits:
(a) Chimneys, cupolas, flag poles, monuments, radio and other towers, water
tanks, and similar structures and mechanical. appurtenances may be
permitted in excess of height limits, subject to first securing a Use
Permit in each case.
(b) No fence, hedge or screen planting of any kind shall hereafter be con-
structed or grown to exceed six (6) feet in height within any required
side yard to the rear of the front line of any dwelling or along any
rear property line nor to exceed three (3) feet in height along the
property line to the front of any dwelling or within fifteen (15) feet
of the corner of any intersecting street.
(Section 9105.2 amended by Ordinance No. 845 adopted April 14, 1958)
20 -
Planning and Zoning
SECTION 9105.3. Building Site Area:
(a) 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 a less
area or width than that required by the regulations for the District
in which it is located.
SECTION 9105.4. Yards:
(a) Architectural features such as cornices or eaves may extend not
exceeding two and one-half (2'k) feet into any required front or rear
yard setback.
(b) None of the above mentioned architectural features may encroach within
two (2) feet of any side lot line. Fireplaces and chimneys not to
exceed nine (9) feet in width, constructed of incombustible material,
may encroach to a distance of two (2) feet from the side line, providing
the other side yard setback in the same building site is kept clear as
a passageway. .
(c) Open uncovered porches, landing places, may project not exceeding six
(6) feet into any required front yard.
Marquees, awnings or shades may project from the building into the
front yard setback in any 191 District, not to exceed .five (5) feet
from the building nor more than one-half the depth of the required
front yard, and be within the required inner side yard lines and have
a clearance above grade vertically of not less than six feet six inches
(61611)
Anysuci pFao-ject an—from the—bzril`ding—shall:-be—se f—supp-orting—and sha1-1
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 two and one-half (22) feet.
(d) 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 Ordinance be construed as permitting any encroach-
ment upon any Official Plan Line.
(e) In residential areas having alleys ten (10) feet or less in width to
the rear of lots or building sites in R-1 or R-2 Districts, rear yard
requirements may be measured from the center line of such alley.
In residential areas having alleys to the rear of lots or building sites,
no attached or detached garage, fence, hedge, screen planting or other
obstruction shall be constructed closer than five (5) feet to any alley.
- 21 -
Planning and Zoning
(f) In case an accessory building is attached to the main building, it
shall be made structurally a part of and have a commom wall with the
main building and shall comply in all. respects with the requirements
of this ordinance 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 six (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 detri-
mental to adjoining property and further provided that the Planning
Commission approves of the elevation and location of said accessory
building.
Said detached accessory building may be built to within one (1) foot
of one of the side lot lines. Such accessory building shall not be
located within five (5) feet of any alley or within five (5) feet of
the side line of any alley or within five (5) feet of the side line of
the front one-half (z) of any adjacent lot, or, in the case of a
corner lot, to project beyond the front yard required or 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 common walkway, the main structure and/or accessory buildings may be
constructed within five (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, construction or maintenance of main or accessory
buildings, 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 five (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 thirty-
five (35) feet permitted in residential districts.
(g) Every building or portion thereof which is designed or used for any
dwelling purpose in any 'C' or. W District shall comply with the
requirements of such appropriate residential district as is determined
by the use to which such 'C' or V District property is being put;
provided, however, that when the entire ground floor of any such build-
ing is used for any commercial or manufacturing purpose, the yard
provisions specified for such 'C' or W District may be applied to the
ground floor only.
(Section 9105.4 amended by Ordinance No. 761 adopted Nov. 28, 1955
and Ordinance No. 845 adopted April 14, 1958)
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Planning and Zoning
(h) Swimming Pools:
(1) Any swimming pool, fish pond or other body of water which
contains water eighteen (18) inches or more in depth in 'R'
Districts shall be at least five (5) feet from any side or rear
yard property line and ten (10) feet from any front yard property
line. No such swimming pool, fish pond or other body of water
shall be permitted in any required yard space unless enclosing
fence hereinafter required is permitted within the yard required
by Section 9105.2(b) of the Municipal Code.
Pump, filter and heater installation shall be enclosed in a vault
of masonry construction and located not less than five (5) feet
from any side or rear yard property line and in no event nearer
than ten (10) feet to any main dwelling on adjoining properties.
Pump may be operated only between the hours of 8:00 A.M. and
8:00 P.M.
(2) Fences: Every person owning land on which there is situated
a swimming pool, fish pond or other body of water which contains
water 18 inches or more in depth at any point, shall erect and
maintain thereon an adequate fence sufficient to make such body
of water inaccessible to small children. Such fence, including
gates therein, must be not less than five (5) feet above the
underlying ground; all gates must be self-latching with latches
placed five (5) feet above the underlying ground or otherwise made
inaccessible from the outside to small children.
(3) Time for Compliance: All persons maintaining such pools
shall comply with the provisions of Paragraph (2) of Section
9105.4(h) of this Code within ninety (90) days after the effective
date of this Ordinance.
(4) Modifications: The Planning Commission may permit other
protective devices or structures to be used so long as the degree
of protection afforded by the substitute devices or structures
is not less than the protection afforded by the fence, gate and
latch described herein. Upon the application of a property owner,
the Building Department may grant extensions of time for compliance,
for good cause shown in individual cases. Such extensions shall
not exceed thirty (30) days at a time.
(Section 9105.4(h) added by Ordinance No. 830 adopted Oct. 28, 1957)
SECTION 9105.5. Automobile Storage or Parking Space: Accessible storage or
parking space for the parking of automobiles off the street shall be provided
in any 'R' District as follows:
(a) Not less than one (1) garage space for each single family dwelling.
(b) Not less than one (1) garage space for each family unit in any
duplex, triplex or of any dwelling group of six (6) or less family
units.
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Planning and Zoning
(c) Not less than one (1) garage space for each two (2) guest rooms in
any rooming house.
(d) Not less than one (1) parking space for each two (2) guest rooms
in any hotel.
(a) Not less than two (2) off-street automobile parking spaces, one
of which must be a garage space, for each family unit in any
dwelling group, multiple dwelling or apartment building containing
in excess of six (6) family units.
(f) Not less than. two (2) garage spaces per family unit in any res-
idential 'B' District.
(g) Parking space required for other uses allowed in any ' R' District
and not set forth above shall be determined by the Planning Comm-
ission and set forth as a condition to the granting of the Use
Permit for such use.
(Section 9105.5 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9105.6. Architectural Control:
(a) In case an application is made for a permit for any building or
structure in any 'C-N' , 'C' or 'M' District, said application
shall be accompanied by architectural drawings or sketches and
plot plans, all to a workable scale, showing the elevation 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 Com-
mission 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 to the orderly and harmonious
development of the City, or to impair the desirability of invest-
ment or occupation in the neighborhood.
(b) The Planning Commission may appoint an Architectural Committee of
three (3) members, who may be employees in the following depart-
ments of the City of Newport- Beach: Building Inspection and City
Engineer.
(c) The Architectural Committee shall have authority to approve
architectural sketches within the meaning of Section 9105.6 of
this Article, 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 Article IX 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. Said drawings shall show desirable architec-
tural standards, but are not designs which must be copied in order
to secure approval of plans.
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Planning and Zoning
(d) In case the applicant is not satisfied, with the decision of the
Architectural Committee, he may within thirty (30) days after
such action appeal in writing to the Planning Commission, The
Architectural Committee may, if it deems advisable, refer any-
application for architectural approval to the Planning Commission
for its decision.
(e) In case the applicant is not satisfied with the action of the
Planning Commission, he may within thirty (30) days appeal in
writing to the City Council and said Council shall render its
decision within thirty (30) days after the filing of such appeal.
(f) No permit shall be issued in any case hereinabove mentioned 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 Commission, and all buildings, structures and grounds
shall be in accordance with the drawings and sketches.
(Section 9105.6 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9105. 7. Non-Conforming Uses:
(a) The lawful use. of land existing at the time of the adoption of this
Article, although such use 'does not conform to the regulations herein
specified for the district in which such land is located, may be con-
tinued, 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 Article, and that if any such use ceases,
the subsequent use of such land shall be in conformity to the regulations
specified by this Article, for the district in which such land is located.
(b) The lawful use of buildings existing at the time of the adoption of
this Article may be continued, although such use does not conform to the
regulations specified for the district in which such buildings are located.
(c) The non-conforming use of a portion of a building may be extended through-
out the building provided that in each case a Use Permit shall first be
obtained.
(d) The non-conforming 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.
(e) If the non-conforming use of a building ceases for a continuous period
of six (6) months, it shall be considered abandoned and shall thereafter
be used only in accordance with the regulations for the District in
which it is located.
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Planning and Zoning
(f) A non-conforming building damaged or destroyed by fire, explosion,
earthquake, or other act to an extent of more than ninety (90) percent
of its appraised value at the time of the damage, as fixed by the
General Appraisal Company of Los Angeles, California., or other equally
responsible firm, or to an extent of 100 percent 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.
(g) Ordinary maintenance and repairs may be made to any non-conforming
building providing no structural alterations are made and providing that
such work does not exceed fifteen (15) percent of the appraised value
thereof according to the assessed value in any one (1) year period.
Other repairs or alterations may be permitted provided that a Use Permit
shall first be secured in each case.
(h) Nothing contained in this Article 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 con-
struction has been started prior to the effective date of this Article,
provided that in all such cases actual construction shall be diligently
carried on until completion of the building.
CHAPTER 6. PERMITS, VARIANCES AND AMENDMENTS
SECTION 9106.1. Zoning Permits.
SECTION 9106.11. Zoning Permits shall be required for all buildings and struc-
tures hereinafter erected, constructed, altered, repaired, or moved within
or into any district established by this Article, and for the use of vacant
land or for a change in the character of the use of land, within any dis-
trict established by this Article. Such Permit may be a part- of the build-
ing permit and shall be issued by the Building Inspector prior to any
construction.
SECTION 9106.2. 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 Article.
SECTION 9106.21. Application.
(a) Application for Use Permit shall be made to the Planning Commission in
writing on a form prescribed by the Commission and shall be accompanied
by plans and elevations necessary to show the detail of the proposed
building or use. Such applications shall be accompanied by a fee of
Twenty-five Dollars ($25.00) if a public hearing is deemed necessary
by the Planning Commission, or Fifteen Dollars ($15.00) if no public
hearing is required.
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Planning and Zoning
j (b) Where a public hearing is deemed necessary by the Planning Commission,
they may require the applicant to furnish the Commission a certified
list of property owners, as required by Section 9106.22, accompanied
j by a filing fee of Fifteen Dollars ($15.00) in lieu of the Twenty-five
Dollar ($25.00) fee.
(Section 9106.21 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9106.22. Public Hearings.
(a) No public hearing need, be held thereon, provided that the Planning
Commission may hold any hearings as it deems necessary.
(b) In case a public hearing is deemed necessary, a notice of such hearing
shall. be given at least five (5) days prior to such hearing through
the mail to all property owners whose names and addresses appear on
the latest adopted tax roll as owning property within a distance of
three hundred (300) feet from the exterior boundaries of applicant' s
property.
(Section 9106.22 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9106. 23. Action by Commission.
(a) In order to grant any Use Permit the findings of the Planning Com-
mission shall be 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 persons residing or working in
the neighborhood of such proposed use or be detrimental or injurious
to property and improvements in the neighborhood or to the general
welfare of the City.
(b) The Planning Commission may designate such conditions in connection
with the Use Permit, as it deems necessary to secure the purposes of
this Article and may require such guarantees and evidence that such
conditions are being or will be complied with. In cases where the
Use Permit is refused, the Planning Commission shall state its reasons
for such refusal. Use Permits shall not 'become effective for fifteen
(15) days after being granted, and in the event appeal is filed, said
permit shall not become effective until a decision is made by the City
Council in such appeal.
SECTION 9106. 24. Appeal..
(a) In case the applicant or any other person, firm or corporation is not
satisfied with the action of the Planning Commission, he may within
fifteen (15) days appeal in writing to the City Council.
(b) The City Council shall set date for public hearing and shall post
notice as set forth in Section 9106.22(b) . Notice shall also be given
to the Planning Commission of such appeal and the Planning Commission
shall submit a report to the City Council setting forth the reasons for
action taken by the Commission, or shall be represented at the hearing.
(c) The City Council shall render its decision within sixty (60) days after
the filing of such appeal.
_ 27 _
Planning and Zoning
SECTION 9106,25. Effect,
i
No building or zoning permit shall be issued in any case where a Use Permit
is required by the terms of this Ordinance unless and until such Use Permit
has been granted by the Planning Commission or in the event of appeal by
the City Council and then only in accordance with the terms and conditions
of the Use Permit granted.
SECTION 9106.3, Variance and Appeals.
Where practical difficulties, unnecessary hardships and results inconsistent
with the general purpose of this Article may result from the strict appli-
cation of certain provisions thereof, Variance may be granted as provided
in Sections 9106.31 to 9106.35 both inclusive.
SECTION 9106.31. Application.
(a) Application for a Variance shall be made by the property owner in
writing on a `form prescribed by the Planning Commission and shall be
accompanied by a fee of Fifty Dollars ($50.00) .
The Planning Commission may require the applicant to furnish a certified
list of property owners as required by Section 9106.32, accompanied by
a filing fee of Twenty-five Dollars ($25.00) in lieu of the Fifty
Dollars ($50.00) required in subsection (a) above.
In either case, the application shall, in addition, be accompanied by
a statement, plans and evidence showing:
(1) That there are exception or extraordinary circumstances applying
to the land, building or use referred to in the application,
which circumstances 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 appli-
cant.
(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 neighbor-
hood 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 property or improvements
in said neighborhood.
(Section 9106.31 amended by Ordinance No. 737 adopted Jan. 17,
1955 and Ordinance No. 845 adopted April 14, 1958)
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Zoning and Planning
SECTION 9106.32. Public Hearings.
(a) A public hearing shall be held within sixty (60) days after filing
of the application, notice of which shall be given at least five (5)
days prior to such hearing through the mail to all property owners
whose names and addresses appear on the latest adopted tax roll as
owning property within a distance of three hundred (300) feet from
the exterior boundaries of the applicant' s property.
(Section 9106.32 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9106.33. Action by Commission.
(a) After the conclusion of the public hearing the Planning Commission
shall render its decision on any Variance within thirty-five (35) days
following the close of the public hearing. The granting of any
Variance, when conforming to the provisions of this section, is hereby
declared to be an administrative function, the authority and respon-
sibility for performing, which is imposed upon the Planning Commission
and the action thereon by said Commission shall be final and conclusive
except in the event of six appeal as hereinafter. provided.
(b) The Planning Commission may designate such conditions in connection
with the Variance as it deems necessary to secure the purpose of this
Article, and may require such guarantees and evidence that such con-
ditions are being or will be complied with.
SECTION 9106.34. Appeal.
(a) In case the applicant or any person, firm or corporation is not
satisfied with the actions of the Planning Commission, he may within
fifteen (15) days appeal in writing to the City Council.
(b) The City Council shall set date for public hearing and shall post
notice as set forth in Section 9106.32(a) . Notice shall also be given
to the Planning Commission of such appeal and the Planning Commission
shall submit a report to the City Council setting forth the reasons for
action taken by the Commission, or shall be represented at the hearing.
(c) The City Council shall render its decision within sixty (60) days after
the filing of such appeal.
(Sections 9106.33 and 9106.34 amended by Ord. No. 805 adopted Jan 9,1957)
SECTION 9106.35. Appeals.
(a) The Planning Commission shall have the power to hear and decide appeals
based on the enforcement or interpretation of the provisions of this
Ordinance.
(b) In case an applicant is not satisfied with the action of the Planning
Commission on his appeal he may within fifteen (15) days appeal in
writing to the City Council.
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Planning and Zoning
(c) Notice shall be given to the Planning Commission of such appeal and
a report shall be submitted by the Planning Commission to the City
Council setting forth the reasons for action taken by the Commission
or shall be presented at the Council meeting.
(d) The City Council shall render its decision, within thirty (30) days
after the filing of such appeal.
SECTION 9106.4. Revocation of Permits or Variances.
SECTION 9106.41. Any zoning permit, use permit, or variance granted in accord-
ance with the terms of. this Article shall be revoked if not used within
one and one-half (1�) years from date of approval unless, on approval, the
Planning Commission specifies or has specified a different period of time.
(Section 9106.41 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9106.42. Any zoning permit, use permit, or variance granted in accord-
ance with the terms of this Article may be, revoked if any of the conditions
or terms of such permit or variance are violated, or if any law or ordinance
is violated in connection therewith.
SECTION 9106.43. The Planning Commission shall hold a hearing on any proposed
revocation after giving written notice to the Permittee at least ten (10)
days prior to the hearing and shall submit its recommendations to the City
Council. The City Council shall act thereon within sixty (60) days after
receipt of the recommendation of the Planning Commission.
SECTION 9106.5. Amendments.
This Article 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 Sections 9106.51 to 9106.54, inclusive.
SECTION 91.06.51. Initiation.
(a) An amendment may be initiated by;
(1) 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 Pifty Dollars ($50.00), no part of which shall be returnable
to the petitioner, or by
(2) Resolution of. Intention of the City Council, or by
(3) Resolution of Intention by the Planning Commission.
(Section 9106.51 amended by Ord. No. 737 adopted Jan. 17, 1955)
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Planning and Zoning
SECTION 9106.52. Public Hearings.
(a) The Planning Commission shall hold at least one (1) public hearing on
any proposed amendment, and shall give notice thereof by at least one
(1) publication in a newspaper of general circulation within the City
at least ten (10) days prior to the first of such hearings.
(b) 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. Mails at least five (5) days prior to the
first of any public hearings to all property owners within three hundred
(300) feet of the applicant' s property, as shown on the last approved
assessment rolls of the City,
(c) Any failure to mail such notices as aforesaid shall not invalidate any
proceedings for amendment of this Article.
(Section 9106.52 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9106.53. Action by Planning Commission.
(a) Following the aforesaid hearings the Planning Commission shall make
a report of its findings and recommendations with respect to the pro-
posed amendment and shall file with the City Council an attested copy
of such report within ninety (90) days after the notice of the first
of said hearings; provided that such time limit may be extended upon
the mutual agreement of the parties having an interest in the pro-
ceedings. Failure of the Planning Commission so to report within
ninety (90) days without the aforesaid agreement shall be deemed to
be approval of the proposed amendment by the Planning Commission.
SECTION 9106.54. Action by City Council.
(a) Upon receipt of such report from the Planning Commission or upon the
expiration of such ninety (9O) days as aforesaid, the City Council
shall set the matter for public hearing after notice thereof of the
proposed amendment, be given as provided by law. After the conclusion
of such hearing, the City Council may adopt the amendment, or any part
thereof set forth in the petition in such form as said Council may
deem to be advisable. The Council may refer the recommendation of the
Planning Commission back to that body for further study and recommenda-
tion.
(b) The decision of the City Council shall be rendered within sixty (60)
days after the receipt of a report and recommendation from the Plann-
ing Commission or after the expiration of ninety (90) days as stated
in Paragraph (a) of Section 9106.54.
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Planning and Zoning
CHAPTER 7. DEFINITIONS
SECTION 9107.1. For the purpose of this Ordinance, certain terms used herein
are defined as follows:
SECTION 9107.11. "ALLEY" Any public thoroughfare which affords only a secon-
dary means of access to abutting property.
SECTION 9107.12. "AUTOMOBILE COURT (MOTELS)" A group of two or more detached
or semi-detached buildings containing guest rooms or apartments with auto-
mobile storage space serving such rooms or apartments provided in connection
therewith which group is designed and used primarily for the accommodation
of transient automobile travelers.
SECTION 9107.13. "BOARDING HOUSE" A dwelling other than a hotel where lodging
or lodging and meals for three (3) or more persons is provided for compen-
sation.
SECTION 9107.14. "BUILDING" Any structure having a roof supported by columns
or by walls and designed for the shelter or housing of any person, animal
or chattel.
SECTION 9107.15. "BUILDING ACCESSORY" A subordinate building, the use of which
is incidental to that of the main building on the same lot and/or building
site.
SECTION 9107.16. "BUILDING MAIN" A building in which is conducted the prin-
cipal use of the lot and/or building site on which it is situated.
SECTION 9107.17. "BUILDING SITE" 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 Article, and
having its principal frontage on a street, road, highway, waterway or ocean
front.
SECTION 9107.18. "BUSINESS RETAIL" 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.
SECTION 9107.19. "BUSINESS, WHOLESALE" 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 commodity and not including the processing or manufacture
of any product or substance.
SECTION 9107.20. COMBINING DISTRICT10 Any district in which the general district
regulations are combined with "-B" or 1I-H" for the, purpose of adding addi-
tional special regulations, i.e. 11R-1" combined with "-B" (R-1-B) increases
the area and yard requirements.
"C-1" combined with "-H" (C-1-H) adds the additional requirement of off-
street parking.
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Planning and Zoning
SECTION 9107. 2.1. "DISTRICT" A portion of the City within which certain uses
of land and buildings are permitted or prohibited and within which certain
yards and other open spaces are required and certain height limits are
established for buildings, all as set forth and specified in this Article.
SECTION 9107.22. "DWELLING, ONE SINGLE FAMILY" A building containing only
one 'kitchen, designed for or used to house not more than one family,
including all necessary employees of such family.
SECTION 9107.23. "DWELLING, TWO FAMILY OR DUPLEX" 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
employees of each such family.
SECTION 9107.24. "DWELLING, MULTIPLE OR APARTMENT DWELLINGS" A building or
portion thereof used and designed as a residence for three (3) or more
families living independently of each other., and doing their own cooking in
said building, including apartment houses, apartment- hotels and flats, but
not including automobile courts.
(Section 9107.24 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9107.25. "DWELLING GROUPS" A group of two or more detached or semi-
detached, 1-family, 2-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.
SECTION 9107. 26. "FAMILY" One or more persons occupying a premises and living
as a single housekeeping unit, as distinguished from a group occupying a
hotel, club, fraternity or sorority house. A family shall be deemed to
include necessary servants.
SECTION 9107.27. "GARAGE SPACE" An accessible and usable covered space of not
less than nine (9) feet, clear width, inside measurements, by twenty (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 require-
ments of this Article for an accessory building. Any such garage space to
be so located on the front one-half Q) of a lot shall have side walls,
roof, and an operating garage door for access of automobiles.
(Section 9107.27 amended by Ordinance No. 756 adopted Sept. 26, 1955 and
Ord. No. 845 adopted April 14, 1958)
SECTION 9107. 28. "HEIGHT OF BUILDINGS" The vertical distance from the average
level of the highest and lowest point of that portion of the lot covered
by the building to the topmost- point of the roof.
SECTION 9107.29. "HOTEL" Any building or portion thereof containing six (6)
or more guest rooms used, designed or intended to be used, let, or hired
out to be occupied or which are occupied by six (6) or more individuals for
compensation whether the compensation for hire to be paid directly or
indirectly.
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Planning and Zoning
SECTION 9107.30. "JUNK YARD" The use of more than 100 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 dismantling or "wrecking" of automobiles or
other vehicles, or machinery whether for sale or storage.
SECTION 9107.31. "NON-CONFORMING USE" A use that does not conform to the
regulations for the district in which it is situated.
SECTION 9107.32. "PARKING SPACE An accessible and usable space on the building
site located off the street with access for parking of automobiles. The
size of each space and the access thereto shall be as indicated on the
standards for parking layout adopted by the Planning Commission and on file
in the Building Inspector' s Office.
(Section 9107.32 amended by Ordinance No. 845 adopted April 14, 1958)
SECTION 9107. 33. "REVERSED FRONTAGE" 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 side of a corner lot abuts.
SECTION 9107.34. "ROOMING OR BOARDING HOUSE" A dwelling other than a hotel
where lodging and/or meals for three or more persons are provided for
compensation.
SECTION 9107.35. "STREET" A public or private thoroughfare which affords
principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road, and any other thoroughfare
except an alley as defined herein.
SECTION 9107.36. "STREET LINE" The boundary between a street and property.
SECTION 91,07.37. "STRUCTURE" Anything constructed or erected, the use of
which required location on the ground or attachment to something having a
location on the ground.
SECTION 9107.38. "STRUCTURE ALTERATIONS" Any change in the supporting members
of a building, such as bearing walls, columns, beams or girders.
SECTION 9107.39. "TRAILER COURT" 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.
SECTION 9107.40, "USE" The purpose for which land or premises of a building
thereon is designed, arranged, or intended for which it is or may be
occupied or maintained.
SECTION 9107.41. "USE-ACCESSORY" A. use incidental and accessory to the
principal use of a lot or a building located on the same lot.
- 34 _
Planning and Zoning
SECTION 9107.42. "YARD" An open space other than a court on the same lot
with a building, which open space is unoccupied and unobstructed from the
ground upward, except as otherwise permitted in Section 9105.4.
SECTION 9107.43. "YARD-FRONT" A yard extending across the front of the lot
between the inner side yard lines and measured from the front line of the
lot to the nearest line of the building; provided that if any building
line or Official Plan Line has been established for the street upon which
the lot faces then such measurement shall be taken from such building line
or Official Plan Line to the nearest line of the building.
SECTION 9107.44. "YARD-REAR" A yard extending across the full width of the
lot and measured between the rear line of the lot and the nearest line of
the main building.
SECTION 9107.45. "YARD-SIDE" A yard between the side line of the lot and
the nearest line of the building and extending from the front line of the
lot to the rear yard.
CHAPTER 8. INTERPRETATION
SECTION 9108.1. When interpreting and applying the provisions of this Article,
they shall be held to be the minimum requirements adopted for the promotion
of the public health, safety, comfort, convenience and general welfare.
Except as specifically herein provided, it is not intended by the adoption
of this Article to repeal, abrogate, annul, or in any way to impair or
interfere with any existing provisions of law of the Municipal Code of
the City of Newport Beach, or any rules, regulations or permits previously
adopted or which shall be adopted or issued pursuant to law relating to
the erection, construction, establishment, moving, alteration or enlarge-
ment, of any legal building or improvement, nor is it intended by this
Article to interfere with or abrogate or annul any easement, covenant, or
other agreement between parties; provided, however, that in cases in which
this Article imposes a greater restriction upon the erection, construc-
tion, establishment, moving, alteration or enlargement of legal buildings
or the use of any such building or premises in said several districts or
any of them, than is imposed or required by such existing provisions of
law or the Municipal Code of the City of Newport Beach, or by such rules,
regulations or permits or by such easements, covenants or agreements, then
in such case the provisions of this Article shall. control.
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Planning and Zoning
CHAPTER 9. ENFORCEMENT PENALTIES AND LEGAL PROCEDURE
SECTION 9109.1. All departments, officials 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 Article and shall issue
no permit or license for uses, buildings, or purposes in conflict with
the provisions of this Article; and any such permit or licenses issued
in conflict with the provisions of this Article shall be null and void.
It shall be the duty of the Building Inspector of the City to enforce
the provisions of this Article pertaining to the creation, construction,
alteration or addition to any building or structure.
SECTION 9109.2. Any person, firm, or corporation, whether as principal, agent,
employee, or otherwise, violating or causing the violation of any of the
provisions of this Article shall be guilty of a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not more than $300.00
or by imprisonment in the County Jail of the County of Orange or the
City Jail of the City of Newport Beach, for a term not exceeding 150 days
or by 'both such fine and imprisonment. Such person, firm or corporation
shall be deemed to be guilty of a separate offense for each and every
day during any portion of which any violation of this Article is committed
or continued by such person, firm or corporation and shall be punishable
as herein provided.
SECTION 9109.3. Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions of
this Article, and any use of any Land, building or premises established,
conducted, operated or maintained contrary to the provisions of this
Article, shall be and the same is hereby declared to be unlawful, and a.
public nuisance, and the City Attorney of said City shall, upon order of
the City Council, immediately commence action or proceedings for the abate-
ment 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 remove 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 Article.
SECTION 9109.4. The remedies provided for herein shall be cumulative and not
exclusive.
CHAPTER 10. REPEALING
SECTION 9110.1. Ordinance No. 525 is hereby repealed and all other ordinances
and parts of ordinances of said City in conflict with this Article to the
extent of such conflict and no further, are hereby repealed provided that
nothing herein contained shall be deemed to repeal or amend any ordinance
of said City requiring a permit or license or both to cover any business
trade or occupation.
36 -
Planning and Zoning
CHAPTER 11. VALIDITY
SECTION 9111. 1. If any section, subsection, sentence, clause or phrase of this
Article is for any reason held by a court of competent jurisdiction to
be invalid such decision shall not affect the validity of
the remaining
portions of this Article. The City Council hereby declares that it would
have passed this Article and each section, subsection, sentence, clause
and phrase, hereof, irrespective of the fact that any one, or more sections,
subsections, sentences, clauses or phrases be declared invalid.
CHAPTER 12. REFERENCE
SECTION 9112.1. This Article shall be known and cited as the Zoning Law of the
City of Newport Beach, References to section numbers herein are to the
sections of this Article.
SECTION 9124. Oil Wells. 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, petroleum, tar, gas
or other hydrocarbon substances within the City, or shall build or estab-
lish refineries for the purpose of refining petroleum, oil, gas, tar 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 of the City and that
such drilling shall be at a vertical depth of at least- four hundred feet
below the ground surface within the area mentioned and hereinafter des-
cribed.
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 prolonga-
tion of said southeasterly line of 53rd Street, as said 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 said County.
SECTION 9124.1. 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 9124 of this Code shall first be submitted to
the qualified electors of the City of Newport Beach for approval or
disapproval. If a majority of said qualified electors vote in favor of
such a question, then and only then shall the City Council have the power
to act on such question. This section shall apply only to the boundaries
of the City of Newport Beach as they exist on April 13, 1954, together
with any territory in the process of annexation on said. date. This section
shall. riot apply retroactively to any drilling operation or contract entered
into prior to the effective date of this section.
- 37 -
Planning and Zoning
It is specifically declared hat it is the intention of this Section 9124.1
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 the City of Newport Beach,
under the City of Newport Beach or its tide and submerged lands.
(Section 9124.1 added by Ordinance No. 715 adopted April 30, 1954)
SECTION 912.5. Fire Hazards. Every person who was at the effective date of
Ordinance No. 372 of the City conducting, carrying on, maintaining or
engaging in any of the businesses designated in Section 9124 of this
Cnapteri and who continues such 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.
SECTION 9126. Nuisances. No person shall. conduct any of the businesses
within the City heretofore enumerated in Section 9124, in such manner that
the noise, smell, odor or gas produced thereby obstructs the free use and
enjoyment by others of their property.
SECTION 9127. Same. No person shall permit any of the businesses enemerated
in Section 9124 hereof, to become offensive to the senses or to permit
the same to interfere with the complete enjoyment of life or property by
others.
SECTION 9128. watchman. 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 said nuisance may be abated.
(Sections 91.29 and 9129A repealed by Ord. 650, adopted Oct. 8, 1951)
REVISED BY ORDINANCE NO. 845,
ADOPTED APRIL 14, 1958
- 38 -
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