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TABLE OF CONTENTS
SECTION Page
9101.0 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 104
9102.0 Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . 104
i
9103.0 R-A Agricultural-Residential District Regulations. . . . . . . . . . . . . .. . . 104
9103.1 R-1 Single Family District Regulations 105
G
9103.2 R-2 Duplex Residential District Regulations . . . . . . . . . . . . . . . . . . . . . . 105
9103.3 R-3 Restricted Multiple Residential Regulations . . . . . . . . . . . . . . . . . . 10.5-A
9103.4 R-4 Multiple Residential District Regulations . . . . . . . . . . . . . . . . . . . . 106
9103.480 C-N Neighborhood Commercial District Regulations . . . . . . .. . . . . . . . .. 107
9103.490 C-0 Limited Commercial-Multiple Residential District Regulations. . 107
9103.5 C-1 Light Commercial District Regulations 108
f9103.6 C-2 General Commercial District Regulations 109
9103.680 I Intermediate District Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
9103<7 M-1 Manufacturing District Regulations 110
9103.8 U Unclassified District Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110-A
9103.9 M-1-A Controlled Manufacturing District Regulations 110-A
9104.1 B Combining or "-B" District Regulations 111
9104.2 H Combining or "-H" District Regulations 112
(Off Street Parking Requirements)
9104.3 Z Combining or 11-Z" District Regulations 113
(Off Street Parking Requirements)
9104.4 UL Combining or "-UL" District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
(Unlimited Heights when combined with a C-0 or R-4 District)
9105. Chapter 5 General Provisions and Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113-1
Uses, Height Limits,, Building Site Area, Yards, Swimming
Pools, Automobile Storage or Parking Space, Architectural
Control, Non-Conforming Uses, Non-Conforming Buildings-
Additions, Official Plan Line-Master Street and Highway
Plan, Official Plan Line-Master Street and Highway Plan-
Exclusions.
9106.1 Chapter 6 Permits, Variances and Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116-A
Zoning Permits, Use Permits, Variance, and Appeals,
Revocation of Permits or Variance, Amendments
9107. 1 Chapter 7 Definitions . . . . . . . . . . . . . 120
9108.1 Chapter 8 Planned Residential Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121-A
9109.1 Chapter 9 Enforcement, Penalties and Legal Procedure 121-A2
9110.1 Chapter 10 Repealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . 121-B
9111.1 Chapter 11 Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121-B
911.2.1 Chapter 12 Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 121-B
CITY OF NEWPORT BEACH MUNICIPAL CODE 104
City of Newport Beach
ARTICLE LY
PLANNING AND ZONING
Sections 9101.0 to 9112.1 inclusive amended by Ord. 635, adopted Dec. 12, 1950,
CHAPTER 1. PURPOSE Unclassified or U District.
SECTION 9101.0. The purpose of this Controlled Manufacturing District or
Article IX is to promote the growth of M-1-A. District.
the City of Newport Beach, in an order- Section 9102.0 amended by Ord. No. 716,
^ ly manner and to promote and protect adopted Apr. 12, 1954; Ord. No. 845, adopted
the public health, safety, peace, comfort Apr. 14, 1958; Ord. No. 925, adopted Aug.
and general welfare and to protect the 8, 1960.
character and social and economic sta-
bility of all districts within the City
and to assure the orderly and bene- general districts established above, the
ficial development of such areas. following special districts are establish-
ed which, when combined with the
SECTION 9101.1. The Zoning or Dis- above general districts, establish ad-
tricting Plan effectuated by this Article ditional special regulations: Combin-
is a part of the Master Plan and con- ing or "-B" Districts — Combining or
sists of the establishment of various "-H" Districts — Combining or "-Z"
districts including all the territory Districts — Combining or "-UL" Dis-
within the boundaries of the City, with- tricts.
in which, the use of land and. build- Section 9102.1 amended by Ord. No. 925,
ings, the space for buildings and the adopted August 8, 1960 and by Ord. No. 984,
height and bulk of buildings are reg- adopted December 11, 1961.
ulated.
SECTION 9101.2. No building or SECTION 9102.2. The designations,
structure shall be erected, reconstruct- locations and boundaries of the districts
ed or structurally altered in any man- established are delineated upon the
ner, nor shall any building or land be maps entitled "Districting Map for the
used for any purpose, other than as City of Newport Beach, California",
permitted by and in conformance with dated November 27, 1950, which maps
this Article and all other Ordinances, and any additional maps subsequently
Sections of this Code, laws and maps adopted and all notations and informa-
referred to therein. tion thereon are hereby made a part
of this Article by reference.
CHAPTER 2. DISTRICTS Section 9102.2 amended by Ord. No. 845,
SECTION 9102.0. The several gen- adopted April 14, 1958.
eral districts established are as follows:
Agricultural-Residential District or SECTION 9102.3. Any district to th-
R-A District. ing any right-of-way way extends to the
center of such right-of-way.
Single Family Residential District Section 9102.3 added by Ord. No. 901,
or R-1 District. adopted Dec. 28, 1959.
Duplex Residential District or R-2 CHAPTER 3. REGULATIONS
District.
Restricted Multiple Family Resi den- SECTION 9103.0.Dis Agricultural-Resi-
tial District or R-3 District. dential or R-A District.
Multiple Residential District or R-4 The following regulations shall apply
in all R-A Districts and shall be sub-
District. 'ect to the provisions of Section 5.
Neighborhood Commercial District
or C-N District. SECTION 9103.01. Uses Permitted:
Limited Commercial—Multiple Resi- (a) Single Family Dwellings.
dential or C-O District. (b) Light farming, except commer-
cial dairies, commercial kennels, com-
District. mercial rabbit, fox, goat or hog farms,
or commercial poultry ranches.
General Commercial District or C-2 (c) Accessory uses normally inci-
District. dental to a single family dwelling or
Intermediate District or I District, light farming. This is not to be con-
Manufacturing District or M-1 Dis- strued as permitting any commercial
trict. use.
CITY OF NEWPORT BEACH MUNICIPAL CODE 104-A
(d) One sign, 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 to be
located.
f SE'CTION 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.
i
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CITY OF NEWPORT BEACH MUNICIPAL CODE 105
I
SECTION 9103.05. Yards and Open SECTION 9103.14. Building Site Area
Spaces Required: Coverage Permitted.
(a) Front yards: minimum twenty (a) Full coverage, less required front,
(20) feet except as may be otherwise side and rear yards. (Except in com-
indicated on the Districting Maps, bining or "-B" Districts, see Section
(b) Side yards: ten (10) percent of 9104.1.)
lot width with a minimum of three SECTION 9103.15. Yards Required:
l (3) feet and a maximum of six (6) feet, (a) Front yards: Minimum required
provided that the side yard on the rear twenty (20) feet and maximum per-
one-half (1/2) of the street side of a mitted thirty-five (35) feet, except as
corner lot, where there is reversed may be otherwise indicated on the Dis-
' frontage, shall not be less than the tricting Maps. Distances shown on Dis-
front yard required or existent on the tricting Maps are to be measured from
adjacent reversed frontage. front property line.
(c) Rear yards: twenty (20) percent (b) Side yards: Each side yard shall
of lot depth with a minimum of fif- not be less than three (3) feet wide
teen (15) feet and a maximum of twen- on building sites forty (40) feet wide
ty-five (25) feet. or less, or four (4) feet on lots wider
(d) Other: accessory buildings used than forty (40) feet, provided that the
for the keeping of chickens or other side yard on the rear twenty feet
poultry or rabbits or other animals of the street side of a corner lot, where
shall be not less than sixty (60) feet there is reversed frontage, shall not be
from the front property line nor less less than the front yard required or
than twenty (20) feet from any side existing on the adjacent reversed front-
or rear property line. age.
SEC'TIO'N 9103.1. Single Family or (c) Rear yards: Minimum require-
R-I District. ment of ten (10) feet. (Where alleys
The following regulations shall apply exist, see Section 9105.4(e).)
in all R-1 Districts and shall be subject Section 9103.15 amended by Ord. 845, adopt-
to the provisions of Chapter 5 of this ed April 14, 1958.
article. SECTION 9103.2. Duplex Residential
i
SECTION 9103.11. Uses Permitted: or R-2 District.
(a) Single Family dwellings, The following regulations shall apply
(b) One accessory building only if in all R-2 Districts and shall be sub-
constructed simultaneously' with or ject to the provisions of Chapter 5.
j subsequent to the main building on SECTION 9103.21. Uses Permitted:
the same lot or building site. (a) Single family dwellings.
(c) Accessory uses normally inci- (b) Twa detached single family
dental to single family dwellings. This dwellings or one duplex,
is not to be construed as permitting (c) Accessory uses normally inciden-
commercial uses. tal to single family dwellings or du-
(d) One sign, not over six (6) square plexes. This is not to be construed as
feet in area, and pertaining only to the permitting any commercial uses.
sale, lease or rental of the property (d) One sign not over six (6) square
upon which the sign is to be located. feet in area and pertaining only to
Section 9103.11 amended by Ord. 845, adopt- the sale, lease or rental of the property
ed April 14, 1958. upon which the sign is located.
SECTION 9103.12. Building Height Section 9103.21 amended by Ord. 845, adopt-
Limit: ed April 14, 1958.
(a) For dwellings — maximum two SECTION 9103.22. Building Height
stories, but not exceeding thirty-five Limit:
(35) 'feet. (a) For dwellings — maximum two
(b) For accessory buildings — max- stories but not exceeding thirty-five
imum fifteen (15) feet. (35) feet.
SECTION 9103.13. Building Site (b) For accessory buildings — max-
Area and Lot Width Required: imum fifteen (15) feet.
(a) For each dwelling—minimum of SECTION 9103.23. Building Site Area
five thousand (5000) square feet and and Lot Width Required:
minimum width of fifty (50) feet on (a) For each two (2) dwellings or
interior lots, minimum of six thousand one duplex — minimum of five thous-
(6,000) square feet and minimum and (5,000) square feet and. minimum
width of sixty (60) feet on corner lots. width of fifty (50) feet on interior lots,
In no case shall there be more than minimum of six thousand (6,000)
one (1) single family dwelling on any square feet and minimum width of
--• one (1) building site. (See Section sixty (60) feet on corner lots. In no
9105.3 for exceptions.) case shall there be more than two (2)
Seection 9103.13 amended by Ord. 901, adopt- single family dwellings or one duplex
ed Dec. 28, 1959. on any one (1) building site. (See See-
CITY OF NE;WPORT BEACH MUNICIPAL CODE 105-a
_ tion 9105.3 for exceptions.) Sections 91031,31 and 9103.32 amended by
(b) For each 'family unit in any Ord. No. 845, adopted April 14, 1958 and by
building — minmum of one thousand Ord. No. 974, adopted October 30, 1961,
(1,000) square feet of land area. SECTION 9103.33. Accessory Uses
Section 9103.23 amended by Ord. 845, adopt- Permitted:
f ed April 14, 1958, and amended by Ord. 901, (a) Accessory uses and buildings
adopted Dec. 28, 1959. normally incidental to any of the above.
Site Cov- This shall not be construed as per-
SECTION 9103.24. Building mitting ahy commercial uses or occu-
erage Permitted: pation other than those specifically
(a) For aggregate building coverage listed.
— full coverage, less required front, SECTION 9103.34. Building Height
-i side, and rear yards. (Except in Com- g g
bining or "-B" districts, see Section Limit:
9104.1). (a) For main buildings — thirty-five
(35) feet.
SECTION 9103.25. Yards Required: (b) For accessory buildings — max-
(a) Front yards: Minimum required imum fifteen (15) feet.
twenty (20) feet, and maximum per- Section 91031.34 amended by Ord. No, 845,
mitted thirty-five (35) feet, except as adoped April 14, 1958 and by Ord. No. 974,
may be otherwise indicated on the Dis- adopted October 30, 1961.
tricting Maps. Distances shown on Dis- SECTION 9103.35. BuildingSite Area
tricting Maps are to be measured from Required:
front lot line.
(b) Side yards: Each side yard shall For each building or group of
not be less than three (3) 'feet wide on buildings minimum of five thousand
building sites forty (40) feet wide or of fifty
5) square feet and minimum width
less, or four (4) feet on lots wider than imumofsix f interioreet on lots,thousand (6,000) square
, i forty (40) feet, provided that the side feet and minimum width of sixty (60)
yard on the rear twenty (20) feet of feet on corner lots.
the street side of a corner lot, where (b) For each family unit in any build-
there is reversed frontage, shall not be ing or group of buildings — minimum
less than the front yard required or of twelve hundred (1200) square feet
existing on the adjacent reversed front- of land area.
age. Section 9103.35 amended by Ord. 845, adopt
(c) Rear yards: Minimum require- ed April 14, 1958 and amended by Ord. 901,
ment of ten (10) feet. (Where alleys adopted Dec. 28, 1959.
exist, see Section 9105.4(e).)
(d) Between detached buildings: Min- SECTION 9103.36. Building Site Cov-
imum, ten (10) feet. erage Permitted:
Section 9103.25 amended by Ord. 845, adopt- (a) For aggregate building coverage,
ed Apra td, t958. full coverage, less required front, side
and rear yards. (Except in combining
SECTION 9103.3. Restricted Multiple or "-B" districts, see Section 9104.1).
Family Residential or R-3 District. SECTION 9103.37. Yards Required:
The following regulations shall apply (a) Front yards: Minimum required
in all R-3 Districts and shall be subject twenty (20) 'feet, and maximum per-
to the provisions of Chapter 5. mitted thirty-five (35) feet, except as
SECTION 9103.31. Uses Permitted: may be otherwise indicated on the Dis-
(a) Single family dwellings and du- tricting Maps. Distances shown on Dis-
tricting Maps are to be measured from
plexes. front lot lines.
(b) Multiple dwellings, apartment
houses and dwelling groups. (b) Side yards: Each side yard shall
(c) Signs not over six (6) square not be less than three (3) feet wide on
feet in area and unlighted, pertaining building sites forty (40) feet wide or
only to the sale, lease or rental of the less, or four (4) feet on lots wider than
property upon which the sign is located. forty (40) feet, provided that the side
yard on the rear twenty (20) feet of
SECTION 9103.32. Uses permitted, the street side of a corner lot, where
subject to first securing a Use Permit there is reversed frontage, shall not be
in each case: less than the front yard required or
(a) Community centers, social halls, existing on the adjacent reversed front-
lodges, clubs, rest homes, and motels. age.
(b) Signs larger than six (6) square (c) Rear yards: Minimum of ten (10)
feet and appurtenant to any use. feet.
CITY OF NEWPORT BEACH MUNICIPAL CODE 106
(d) Special yards and distance be- permitting any commercial use or oc-
tween buildings: cupation other than those specifically
(1) Distance between buildings in permitted.
any dwelling group—minimum Section 9103.43 amended by Ord. 845, adopt-
eight (8) 'feet. ed April 74, 1958.
(2) Side yard providing access to
single row dwelling group — SECTION 9103.44. Building Height
minimum twelve (12) feet. Limit:
(3) Inner court providing access to (a) The total floor area contained in
double row dwelling group — all buildings on a building site in an
minimum twenty (20) feet. R-4 District shall not exceed five (5)
SECTION 9103.38 Automobile Stor- times the buildable area of said site;
age or Parking Space: provided, however, that floor area de-
(a) Accessible storage or space for voted to parking within a building
the parking of automobiles off the shall not be considered in determining
street shall be provided as set forth in the total floor area allowed; and pro-
Section 9105.5, Chapter 5, of this Arti- vided further that in no event shall any
cle. building exceed a height of fifty (50)
Section 9103.38 added by Ord. No. 974, feet except that the mechanical ap
adopted October 30, 1961. purtenances thereof may exceed the
height limit by a maximum of fifteen
SECTION 9103.4. Multiple Residen- (15) 'feet.
tial or RA District. (b) For accessory buildings — fifteen
The following regulations shall apply (15) feet provided the height limit
in all R-4 Districts and shall be subject may be increased upon the obtaining
to the provisions of Chapter 5. of a Use Permit in each case.
Section 9103.44 amended by Ord. No. 845,
SECTION 9103.41. Uses Permitted: adopted April 14, 1958 and by Ord. No. 974,
(a) Single family dwellings and du adopted October 30, 1961.
plexes.
(b) Multiple dwellings, apartment SECTION 9103.45. Building Site Area
houses and dwelling groups. Required:
(c) Hotels, motels and rooming or (a) Same as specified for R-3 Dis-
boarding houses. tricts.
(d) Community centers, social halls, (b) For each family unit in any
lodges and clubs. building or group of buildings, the
(e) Signs not over twelve (12) square minimum lot area shall be eight hun-
feet in area and attached to the main dred (800) square feet.
building. (c) For each guest room in any
Section 9103.41 amended by Ord. No. 974, hotel or motel, the minimum lot area
adopted October 30, 1961. shall be three hundred (300) square
feet.
SECTION 9103.42. Uses permitted, Section 9103.45 amended by Ord. No. 845,
subject to first securing a Use Permit adopted April 14, 1958 and by Ord. No. 974,
in each case: adopted October 30, 1961.
(a) Professional offices. SECTION 9103.46. Building Site Cov-
(b) Hotel and motel restaurants, "on- erage Permitted:
sale" liquor establishments, and other (a) Same as specified for R-3 Dis-
appurtenant services and retail shops tricts.
designed primarily for the convenience
of the guests of said hotels and motels SECTION 9103.47. Yards Required:
and provided that all access shall be (a) Front, rear and special yard re-
from a lobby, patio or court yard, and quirements same as specified for R-3
further provided that no advertising Districts.
be visible from any street. (b) Side yards: For main buildings
(c) Signs larger than twelve (12) three (3) stories or less in height, a
square feet and appurtenant to any use. side yard on each side of the building
Section 9103.42 amended by Ord. No. 845, equal in width to eight (8) per cent
adopted April 14, 1958 and by Ord. No. 974, of the average width of the lot shall
adopted October 30, 1961. be provided. Beginning with the fourth
SECTION 9103.43. Accessory Uses story of main buildings over three (3)
Y stories in height, the width of each of
Permitted: the required side yards shall be in-
(a) Accessory uses and buildings creased a distance equal to two (2) per
normally incidental to any of the cent of the average width of the lot
above. This shall not be construed as for each story in excess of three. In
CITY OF NEWPORT BEACH MUNICIPAL CODE 107
no event, however, shall a side yard square feet. Minimum, building site
of more than twenty-five (25) feet be frontage required twenty-five (25) feet.
_ required. Section 9103.483 added by Ord. No. 845,
SECTION 9103.471. Automobile Stor- adopted April 14, 1953 and amended by Ord.
{ age or Parking Space: No. 974, adopted October 30, 1961.
(a) Accessible storage or space for SECTION 9103.484. Yards Required:
parking of automobiles off the street (a) Front yards: Minimum fifteen
j shall be provided as set forth in Section (15) feet; provided, however, that
9105.5, Chapter 5, and Section 9104.21, where the frontage in a block is par-
Chapter 4, of this Article. tially in an "R" District the front
Section 9103.47 amended and Section 9.103.471 yard shall be not less than that re-
added by Ord. No. 974, adopted October 30, quired in such "R" District.
6 1961. Section 91031.484 added by Ord. No. 845,
SECTION 9103.480. Neighborhood adopted April 14, 1958 and amended by Ord.
....� Commercial or C-N District. No. 974, adopted October 30, 1961.
The following regulations shall apply SECTION 9103.485. Automobile Stor-
in all C-N Districts and shall be sub-
age or Parking Space:
ject to the provisions of Chapter 5. (a) When a C-N District is combined
Section 9103.480 added by Ord. 845, adopted with an"-H" or"-Z" District, accessible
April 14, 7958. storage or space for the parking of
SECTION 9103.481. Uses Permitted: automobiles off the street shall be pro-
(a) Professional offices, community vided as set forth in Section 9104.21
centers, social halls, lodges and clubs. and Section 9104.31, Chapter 4, of this
(b) Retail stores and personal serv- Article.
ice establishments within a building, Section 9103.485 added by Ord. No. 974,
including appliance stores, bakeries adopted October 30, 1961.
(not wholesale), banks, barber shops, SECTION 9103.490. Limited Cammer-
beauty parlors, book stores, department
stores, drug stores, food shops, hard- cial-Multiple Residential or C-O Dis-
ware stores, nurseries, offices, radio trict.
stores, restaurants, antique shops, shoe The following regulations shall apply
j shops, studios, tailor shops, and other in all C-O Districts and shall be sub-
uses which in the opinion of the Plan- ject to the provisions of Chapter 5.
ping Commission are of a similar SECTION 9103.491. Uses Permitted:
nature. (a) Multiple dwellings or apartment
(c) One non-flashing sign appurte- houses, hotels, motels, professional of-
nant to any permitted use and not over fices, clubs, and restaurants.
thirty-five (35) square feet in area for (b) Retail sales, and wholesale sales
each side (if two sides are used). when combined with retail sales of a
Section 9103.481 added by Ord. No. 845, similar nature; storage therefor shall
adopted April 14, 1958, and amended by Ord. be within a building, except for boats. -
No. 1016, adopted Nov. 13, 1962. - (e) Signs appurtenant to any per-
SECTION 9103.481.1. Uses permitted, mitted use.
i SECTION 9103.492. Uses permitted,
t first securing a Use Permit N
subject o s b
J g
in each case: subject to first securing a Use Perml
(a) Gasoline service stations. in each case:
Section 9103.481.1 added by Ord. No. 1016, (a) Light manufacturing, including
adopted Nov. 13, 1962. repair of boats, and other uses which
SECTION 9103.482. Building Height in the opinion of the Planning Com-
Limit: mission are of a similar nature.
(a) The total 'floor area contained in (b) Gasoline service stations.
all buildings on a building site in a (c) Signs, other than those appurte-
C-N District shall not exceed two (2) nant to any permitted use.
times the buildable area of said site; Sections 9103.490, 9103.491, 9103.492 added -
provided, however, that floor area by Ord. No. 913, adopted Feb. 23, 1960; Section
devoted to parking within a building 9703.492 amended by Ord. No. 7016, adopted
shall not be considered in determining Nov. 13, 1962.
the total floor area allowed, and pro- SECTION 9103.493. Building Height
vided further that in no event shall Limit:
any building exceed a height of thirty- (a) The total floor area contained in
five (35) feet. all buildings on a building site in a
Section 9103,482 added by Ord. No. 845, C-O District shall not exceed. five (5)
adopted April 14, 1958 and amended by Ord. times the buildable area of said site;
No. 974, adopted October 30, 1961. provided, however, that floor area de-
SECTION 9103.483, Building Site voted to parking within a building
Area Required: shall not be considered in determining
(a) Minimum two thousand (2,000) the total floor area allowed; and pro-
CITY OF NEWPORT BEACH MUNICIPAL CODE 108
vided further that in no event shall SECTION 9103.496. Automobile Stor-
I any building exceed a height of eighty- age or Parking Space.
g five (85) feet except that the mechani- (a) When a C-O District is combined
cal appurtenances thereof may exceed with an "-H" or "-Z" District, accessible
the height limit by a maximum of storage or space for parking of auto-
fifteen (15) 'feet. mobiles off the street shall be provided
SECTION 9103.494. Building Site as set 'forth in Section 9104.21 and
Area Required,: Section 9104.31, Chapter 4, of this
(a) Minimum two thousand (2,000) Article.
square feet. Minimum building site Section 9103.496 added by Ord. No. 974,
frontage twenty-five (25) feet. adopted October 30, 1961.
(b) For each family unit in any
building or group of buildings, the SECTION 9103.5. Light Commercial
minimum lot area shall be eight hun- or C-1 District.
dred (800) square feet. The following regulations shall apply
(c) For each guest room in any hotel in all C-1 Districts and shall be sub-
or motel, the minimum lot area shall ject to the provisions of Chapter 5.
be three hundred (300) square feet.
SECTION 9103.495. Yards Required: SECTION 9103.51. Uses Permitted:
(a) Front yards: None, except where (a) Professional offices, community
the frontage in a block is partially in centers, social halls, lodges and clubs.
an "R" District, in which case the front (b) Retail stores and personal sere-
yard shall be the same as required in ice establishments within a building,
such "R" District. including appliance stores, bakeries
(b) Side yards: For buildings in ex- (not wholesale), banks, barber shops,
cess of three (3) stories in height, beauty parlors, book stores, department
which are designed exclusively for stores, drug stores, food shops, hard-
uses other than residential, there shall ware stores, nurseries, offices, radio
be a side yard on each side of the build- stores, restaurants, antique shops, shoe
ing, beginning with the fourth story, shops, studios, tailor shops, and other
of not less than five (5) feet. Said, side uses which in the opinion of the Plan-
yards shall be increased in width a ning Commission are of a similar
distance equal to two (2) per cent of nature.
the average width of lot for each story (c) Signs appurtenant to any per-
in excess of four (4). In no event, mitted use.
however, shall a side yard of more than
twenty-five (25) feet be required. SECTION 9103.52 Uses permitted,
For buildings designed to be used subject_to first _s_ecuring a_Use Permit
in whole or in part for residential purr m each case:
poses, there shall be a side yard on (a) Animal hospitals, auto sales and
each side of the building, beginning repair shops, boat sales, gasoline serv-
with the first story used in whole or ice stations, marine service stations,
in part for residential purposes, of not cleaning establishments, laundries,
less than five (5) feet, increasing in launderettes, mortuaries, outdoor mar-
width thereafter a distance equal to kets, wholesale stores, outdoor sales
two (2) per cent of the average width establishments, pet shops, public gar-
of the lot for each story above said ages, trailer courts, theatres, used car
first story used for residential pur- sales lots and other uses which in the
poses. In no event, however, shall a opinion of the Planning Commission
side yard of more than twenty-five are of a similar nature.
(25) feet be required. (b) Handicraft enterprises, including
Where the side of a lot abuts the side the manufacturing and repair of house-
line of a lot in an R" District, the hold furnishings, clothing, ceramics,
aforementioned requirements shall ap- novelties and toys, and uses which in
ply for the side yard abutting the "R" the opinion of the Planning Commis-
District at the ground level for all sion are of a similar nature.
buildings. (c) to t js boarding houses
(c) Rear yards: None, except where -. -
the rear of a lot abuts on an "R" Dis-
trict, in which case the rear yard shall (d) -Signs, other than those appur- ~`
be not less than five (5) feet. tenant to any permitted use, including f/J
(d) Rear yards abutting on alleys: billboards.
Minimum ten (10) feet, Sections 9103.51 and 9103.52 ameE�'b-y�
Sections 9103,493, 9103.494, 9103,495 added Ord. No. 845, adopted April 14, 1958;4rmended
by Ord. No. 913, adopted February 23, 1960. by Ord. No. 961'odopfed a-6ec.8-1959; and
Sections 9103.493, 9103.494, 9103,495 amend- amended by Ord. No. 1016, adopted Nov.
ed by Ord. No. 974, adopted October 30, 1961. 13, 1962.
CITY OF NEWPORT BEACH MUNICIPAL CODE 109
SECTION 9103.53. Building Height trict shall be planned, developed and
Limit: operated in such a manner that noise,
(a) The total floor area contained in smoke, dust, odor and waste of any
all buildings on a building site in a kind is confined and/or purified so as
C-1 District shall not exceed two (2) to control pollution of air, soil and
times the buildable area of said site; water to meet the standards or require-
provided, however, that floor area de- ments of the Planning Commission,
Cvoted to parking within a building shall and in such a manner to eliminate any
not be considered in determining the detrimental effect to public health,
total floor area allowed, and provided safety and welfare and be in harmony
! further that in no event shall any with objectives of the planning of this
building exceed a height of thirty-five city.
(35) feet. (b) The Planning Commission may
Section 9103.53, amended by Ord. No. 974, designate such conditions as it deems
necessary to secure the purposes of this
adopted October 30, 1961. section and: may require such guaran-
` SECTION 9103.54. Building Site Area tees and evidence that such conditions
Required: are being or will be complied with.
{ (a) Minimum two thousand (2,000) Section 91031.60 added by Ord. 845, adopted
square feet. Minimum building site April 14, 1958.
frontage required twenty-five (25) feet.
Section 9103.54 amended by Ord. No. 974, SECTION 9103.61. Uses Permitted:
adopted October 30, 1961. (a) Professional offices, community
centers, social hails and clubs.
SECTION 9103.55. Yards Required: (b) Wholesale stores and storage
(a) Front yards: None, except where within a building, wholesale bakeries.
the frontage in a block is partially in (c) The following uses when eon-
an "R" District, in which case the front ducted within a building or enclosed
yard shall be the same as required in by a solid board or masonry fence at
such "R" District. least six (6) feet in height in each case:
(b) Side yards: None, except where Creameries, bottling works, building
the side of a lot abuts upon the side material yards, contractors yards, feed
- of a lot in an "R" District, in which and fuel yards, including machine
case the side yard shall be not less shops, storage of goods and materials
than five (5) feet, and other uses which in the opinion of
1 Planning Commission are of a
(c) Rear yards. None, except where the ann g Co s e
the rear of a lot abuts on an "R" Dis- similar nature.
trict, in which case the rear yard shall (d) Signs appurtenant to any permit-
be not less than 'five (5) feet. ted use.
(d) Rear yards abutting alleys: Min- Section 9103.61 amended by Ord. 723, adopt-
imam ten (10) feet. ed May 10, 1954; Ord. 845, adopted Apr. 14,
(e) Yard requirements for residen- 1958; and Ord. 901, adopted Dec. 28, 1959.
tial uses shall be established by Use
Permit procedure. SECTION 9103.62. Uses permitted,
. .0 Section 9703.55 amended by Ord. 901, adopt- subject to first securing a Use Permit
ed December 28, 1959 and by Ord. No. 974, iri each ease:
adopted October 30, 1961. (a) Lumber yards, light man r-
ing, including manufacture and repair
SECTION 9103.56. Automobile Stor- of boats, clothing, novelties and toys,
age or Parking Space: gasoline service stations, and uses
(a) When a C-1 District is combined which in the opinion of the Planning
with an "-H" or "-Z" District, accessible Commission are of a similar nature,
storage or space for the parking of (b) Hotels, motels, residential uses
automobiles off the street shall be and trailer courts.
provided as set forth in Section 9104.21 (c) Signs, other than those appur-
and Section 9104.31, Chapter 4, of this tenant to any permitted use.
Article. Sub-section (d) of Section 9103.62 added by
Section 9103.56 added by Ord. No. 974, Ord. 723, adopted May 10, 1954, and deleted
adopted October 30, 1961. by Ord. 831, adopted Oct. 19, 1957.
Section 91031,62 amended by Ord. 845, adopt-
SECTION 9103.6. General Commer- ed Apr. 14, 1958; amended by Ord. 901, adopt-
dial or C-2 District, ed Dec 28, 1959; and amended by Ord. No.
The following regulations shall apply 1016, adopted Nov. 13, 1962.
in all C-2 Districts and shall be subject
to the provisions of Chapter 5. SEICTION 9103.63. Building Height
Limit:
SECTION 9103.60. (a) Maximum height of any 'build-
(a) Uses permitted in the C-2 Dis- ing—fifty (50) feet, provided that
I
CITY OF NEWPORT BEACH MUNICIPAL CODE 110
additional height may be permitted if Limit, Building Site Area Required,
a Use Permit is first secured in each Yards Required. The height limit, the
case. building site area, and the yards re-
quired in an I District shall be the same
SECTION 9103.64. Building Site Area as those set out in Section 9103.53, for
Required: building height limit, in Section 9103.54,
(a) For each main building — min- for building site area, and in Section
imum two thousand (2,000) square feet. 9103.55, for yards required, in a C-1
Minimum building site frontage twen- Zone.
ty-five (25) feet. Sections 9103.680, 9103.681, 9103.682 added
SECTION 9103.65. Yards Required: by Ord. 716, adopted April 12, 1954.
(a) Front yards: None, except where SECTION 9103.7. Manufacturing or
the frontage in a block is partially in M-1 District.
an "R" District, in which case the front
yard shall be the same as required in The following regulations shall apply
such "R" District. in all M-1 Districts and shall be subject
(b) Side yards,: None, except where to the provisions of Chapter 5.
the side of a lot abuts upon the side SECTION 9103.70.
of a lot in an "R" District, in which (a) Uses permitted in the M-1 Dis-
- 1 case the side yard shall be not less trict shall be planned, developed and
than three (3) feet. operated in such a manner that noise,
(c) Rear yards: None, except where
„ smoke, dust, odor and waste of any
the rear of a lot abuts on an R Dis- kind is confined and/or purified so as
trict in which case the rear yard shall to control pollution of air, soil and
be not less than three (3) feet. water to meet the standards or require-
(d) Rear yards abutting on alleys: ments of the Planning Commission, and
Minimum ten (10) feet. in such a manner to eliminate any de-
- V (e) Yard requirements for residential trimental effect to public health, safe-
uses shall be established by use per- ty and welfare and be in harmony with
mit procedure. objectives of the planning of this city.
Section 9103.65 amended by Ord. 901, adopt- (b) The Planning Commission may
ed Dec. 28, 1959. designate such conditions as it deems
SECTION 9103.66. Automobile Stor- necessary to secure the purposes of this
II age or Parkin Space:
section and may require such guaran-
(a) When a C-2 District is combined
g g p tees and evidence that such conditions
with an "-H" or "-Z" District, accessible are being or will be complied with.
storage or space for the parking of Section 9103.70 added by Ord. 845, adopt-
automobiles off the street shall be pro- ed April 14, 1958.
vided as set forth in Section 9104.21 SECTION 9103.71. Uses Permitted:
and Section 9104.31, Chapter 4, of this Article. (a) Retail and wholesale stores or
storage, including storage of cement
Section 9103.66 added by Ord. No. 974, and lime incidental to a retail or whole-
J adopted October 30, 1961. sale business, service establishments,
SECTION 9103.680. Intermediate or I light industrial and manufacturing uses
District. and any other uses which, in the opin-
The following regulations shall apply ion of the Planning Commission are of
in all I Districts and shall be subject similar nature, but under the same
to the provisions of Chapter 5. limitations and restrictions specified in
sections governing same.
SECTION 9103.681. Uses Permitted: (b) Signs appurtenant to any per-
(a) All uses permitted in a C-1 Dis- mitted use.
trict, under the same terms and condi- SECTION 9103.72. Uses permitted,
tions as are applicable to a C-1 Dis- subject to first securing a Use Permit
trict, as contained in Sections 9103.51 in each case:
and 9103.52 of the Municipal Code, spe- (a) Gasoline service stations, and fish
cifically excepting from said C-1 Dis- smoking, curing or freezing.
trict uses the 'following: Markets, serv- (b) Signs, other than those appurte-
ice stations, drug stores, barber shops, nant to any permitted use, including
malt shops, restaurants, beauty parlors, billboards.
or any nature, might directly vend ar-
other type of business which
by its Sub-section (d) of Section 9103.72 added by
ticles or services to persons under 18 Ord. No. 723, adopted May 10, 1954, and de-
years of age, all of which are prohib- leted by Ord. No. 831, adopted October 14,
ited in an I Zone. 1957. Section 9103.72 amended by Ord. No. 974,
adopted October 30, 1961; and amended by
SECTION 9103.682. Building Height Ord. No. 1016, adopted Nov. 13, 1962.
CITY OF NE'WPORT BEACH MUNICIPAL CODE 110-A
" I
Section 9103.73. Uses Prohibited: SECTION 9103.8. Unclassified or U
(a) Auto wrecking, fish canneries District.
and/or reduction grinding and process- The 'following regulations shall apply
ing plants; drilling for and/or removal in all Unclassified or U Districts and
p of oil, gas, or other hydrocarbon ma- shall be subject to the provisions of
terials; distillation of bones; dumping, Chapter 5. ("U" District shall include
disposal, incineration or reduction of all of the incorporated area within the
garbage, sewage, offal, dead animals or City not precisely zoned or included
refuse, 'fat rendering; manufacture or in any zone or district as provided for
storage of acid, cement, explosives, fire- under the zoning code of the City of
works, fertilizer, glue, gypsum, lime, Newport Beach.)
plaster of paris or asphalt, stockyard Section 9103.8 amended by Ord. 845, adopt-
or slaughter of animals, refining of pe- ed April 14, 1958.
troleum or its products, smelting of
iron, tin, zinc, or other ores; junk yards, SECTION 9103.81. Uses Permitted:
hog raising, bag manufacture or clean- (a) All uses not otherwise prohibit-
ing, blast furnace or boiler works, ed by law, provided that a Use Permit
breweries, coke ovens, cooperage works, shall first be secured for any use to
incinerators, cordage mills, foundries, be established in any "U" District, e�-
tanneries, and all other uses which in cept authorized piers.
the opinion of the Planning Commis-
sion are of similar nature or may be SECTION 9103.82. Other Regulations:
objectionable as provided by Section (a) Building height limits, building
9103.70(a). site area required, and yards required
Section 9103.73 amended by Ord. 845, adopt- .shall be as specified in the Use Permit.
t ed April 14, 1958. SECTION 9103.9. Controlled Manu-
SECTION 9103.74. Building Height facturing District 'Designated as M-1-A
Limit: District.
(a) The total floor area contained in The following regulations shall apply
all buildings on a building site in an in all M-1-A Districts and shall be sub-
M-1 District shall not exceed four (4) ject to the provisions of Chapter 5 of
times the buildable area of said site; this Article, except that where conflict
provided, however, that floor area de- in regulations occur, the regulations
voted to parking within a building shall specified in this Section shall apply.
not be considered in determining the A. M-1-A Districts may be establish-
total floor area allowed; and provided ed in areas where it is deemed desir-
further that in no event shall any build- able to provide for limited manufactur-
ing exceed a height of fifty (50) feet in facilities of a design and t
except that the mechanical appurte- g g t e which
nances thereof may exceed the height will enhance the area and not be detri-
limit by a maximum of fifteen (15) mental to surrounding property or the
feet. City.
Section 9103.74 amended by Ord. No. 974, Uses permitted in the M-1-A District
adopted October 30, 1961. shall be planned, developed, conducted
and operated in such a manner that
SECTION 9103.75. Yards Required: noise, smoke, dust, odor and waste of
'(a) Front yards: None, except where any kind is confined and/or purified so
the frontage in a block is partially in as to control pollution of air, soil or
an "R" District, in which case the front water to meet the standards or require-
yard shall be the same as required in ments of the Planning Commission and
such shall
District. in such a manner to eliminate any det-
(b) Side yards: None, except where rimental effect to the public health,
' safety and welfare and be in harmony
the side of a lot abuts upon the side of with the obectives of the general
a lot in an "R" District, in which case planning.
the side yard shall be not less than B. The Planning Commission may
five (5) feet. designate such conditions as it deems
(e) Rear yards: None, except where necessary, to fulfill the purpose of this
the rear of a lot abuts on an "R" Dis- section and may require such guaran-
trict, in which case the rear yard shall tee and evidence that such conditions
be not less than ten (10) feet. are being or will be complied with.
(d) Rear yards abutting on alleys:
Minimum ten (10) feet. SECTION 9103.91. Uses Permitted:
- Section 9103.75 amended by Ord. No. 901, Administrative and professional of-
adopted December 28, 1959 and by Ord. No. fices, accessory to uses permitted in this
974, adopted October 30, 1961. district; residences for watchmen or
CITY OF NEWPORT BEACH MUNICIPAL CODE 110�B
custodians employed on site; employ- front property line and extending
-_i ees cafeterias or auditoriums; research across the property from the side lines
laboratories and institutes; electrical fifteen (15) feet deep measured from
and electronic products and instru- the front property line shall be pro-
ments manufacturing; cartography; vided, Said property front yard area
bookbinding, printing and lithography; shall be appropriately landscaped and
fabrication of plastic products; storage _ maintained except for area required
warehouse, excluding inflammable ma- for walkways and driveways for in-
terials and truck terminals; editorial gress and egress to the property. Said
and designing; signs appurtenant to walkways and driveways shall not use
any permitted use located on property more than 40% of this front yard area.
of use. C. Building sites fronting on one
Section 9103.91 amended by Ord. 901 adopt- street and having a side property line
ed Dec. 28, 1959. adjacent to a side street shall provide
SEC PYON 9103.92. Uses permitted, a yard area fifteen (15) feet wide meas-
to first securing Use Permit ured 'from the side property line and
subject in su each case from the Planning Cori- extending from the front property line
mission. Said uses must comply with to the rear property line. Said side
the limitations and restrictions of the yard shall be appropriately landscaped
` District: and maintained except for areas re-
M-1-A-I-A use upholstering, furniture quired for walkways and driveways for
Furp gs ingress and egress to the property.
manufacturing, finished paper products, Said walkways and driveways shall not
assembling and construction of paper use more than 40% of this side yard
products with finished paper stock, area.
garment manufacturing, boat building
D. In cases where a street or alley
within a building, laundry and dry does not exist to separate this zone
cleaning plants, gasoline service sta-
tions, manufacture of novelties, toys
and small appliances, medical and
dental offices and clinics, other uses
which in the opinion of the Planning
Commission are comparable and Simi-
lar in character with the uses per-
mitted in the District and which com-
ply with the limitations and; restric-
tions specified in the M-1-A District.
Section 9103.92 amended by Ord. 845, adopt-
ed April 14, 1958; and amended by Ord. No.
1016, adopted Nov. 13, 1962.
SECTION 9103.93. Building Height
Limit:
(a) The total floor area contained in
all buildings on a building site in an
M-1-A District shall not exceed four
(4) 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.
Section 9103.93 amended by Ord. No. 845,
adopted April 14, 1958 and by Ord. No. 974,
adopted October 30, 1961.
SECTION 9103.94. Building Site Area
Required:
(a) Minimum ten thousand (10,000)
square feet.
Section 9103.94 amended by Ord. No. 974,
adopted October 30, 196E
SECTION 9103.95. Yards Required.
A. A minimum set-back of fifteen
(15) feet from any street or highway
property line shall be required.
B. A front yard area adjacent to the
CITY OF NEWPORT BEACH MUNICIPAL CODE ill
from any other more restrictive zone, SECTION 9104.11. Building site area,
a zone separation area ten (10) feet lot sizes, setbacks and coverage re-
wide and extending the entire distance quired in "B" Districts.
said zones adjoin each other shall be Combining Designation, B; Min. Bldg.
provided. Said zone separation area Site Area, 6,000 sq. ft.; Min. Lot Width,
shall be appropriately landscaped and 60 ft.; Min. Lot Length, 80 ft.; Min.
maintained. Front Yard, 20 ft.; Min. Rear Yard, 6
SECTION 9103.96. Off-Street Parking ft.; Min. Side Yard, 6 ft.; Max. Cover-
for Automobiles Required, age, 60%.
Off-street parking and loading on Combining Designation, B-1; Min.
the building site shall be required in Bldg. Site Area, 7,500 sq. ft.; Min. Lot
Width,Front
ft.; Min. Lot Length, 90
M-1-A Districts according to the fol-
lowing formula: Min. Front Yard, 15 ft.; Min. Rear
lowing I Yard, 7 ft.; Min. Side Yard, 7 ft.; Max.
1. A minimum of one (1) parking Coverage, 60%.
space shall be provided for each 350
square feet of gross floor area in any Combining Designation, B-2; Min.
building. Bldg. Site Area, 10,000 sq. ft.; Min. Lot
2. Location and layout of off-street Width, 90 ft.; Min. Lot Length, 100 ft.;
Min. Front Yard, 15 ft.; Min. Rear
parking shall be approved by the Yard, 10 ft.; Min. Side Yard, 10 ft.;
Architectural Control Committee. Max. Coverage, 60%.
3. All loading and unloading opera-
tions and parking of trucks shall be Combining Designation, B-3; Min,
provided for and performed on the Bldg. Site Area, 20,000 sq. ft.; Min. Lot
premises. Width, 100 ft.; Min. Lot Length, 150 ft.;
Section 9103.96 amended by Ord. 845, adopt- Min. Front Yard, 15 ft.; Min. Rear
ed April 14, 1958, and amended by Ord. No. Yard, 10 ft.; Min. Side. Yard, 10 ft.;
1025,".`adopted Jan. 28, 1963.
Max. Coverage; 60%.
and Combining Designation, B-4; as des-
SECTION 9103.97. Manufacturing ignated on zoning provided that no re-
Storage Areas. quirements be less than B-3 regulations.
All manufacturing and fabrication All setbacks on the street side of a
operations shall be conducted within corner lot shall not be less than that
buildings. All equipment and material required on existing or adjacent re-
storage areas shall be screened by solid versed frontage when such exists.
walls, fences, or by adequate plantings
of not less than six (6) feet in height. SECTION 9104.11-1. There shall be a
SECTION 9103.98. Streets. minimum of seven hundred and fifty
(750) square feet of rear yard land
All dedicated streets within or bor- area adjoining the main dwelling main-
dering this M-1-A Zone shall have a tained uncovered.
minimum right of way sixty (60) feet
wide. SECTION 9104.12. Any banks graded
Sections 9103.9, 9103.91, 910392, 9103.93, or benched for building sites in "-B"
9103.94, 9103.95, 91G3.96, 9103.97 and 9103.98 Districts wherein cuts are required,
added by Ord. 804, adopted Nov. 13, 1956, and leaving banks or slopes of a greater
certain said Sections subsequently amended by grade than a ratio of 3 to 1, shall be
Ord. 845 as indicated, approved by the Planning Commission
prior to obtaining a building permit.
CHAPTER IV. COMBINING
DISTRICT REGULATIONS SECTION 9104.13. Maximum density
permitted in "R" Districts where com-
Section 9104.0 repealed by Ord. No. 984, bind with "-B" District.
adopted December 11, 1961. The following minimum building site
SECTION 9104.1. Combining or "B" area shall be required for each family
District. unit:
The following regulations shall apply R-2 R-3 R-4
in lieu of building site area, yard and "B" 3000sq.ft. 1500sq.ft. 1250sq.ft.
lot width requirements in the respec- "B-l" 3000sq.ft. 1500sq.ft. 1250sq.ft.
tive districts where such districts are "B-2" 3000sq.ft. 2000sq.ft. 1E00sq.ft,
combined with the "-B" District and
shall be subject to the provisions of "B-3" 3000sq.ft. 2000sq.ft. 1500 sq.f't,
Chapter 5. All other provisions of the
respective districts shall apply.
Section 9104.1 amended by Ord. 845, adopt-
ed April 14, 1958.
I
CITY OF NEWPORT BEACH MUNICIPAL CODE 112
SECTION 9104.14. Change in set- each bed, and in addition 1 parking
backs. The Planning Commission may space for each resident doctor and 1 for
approve a change in the setbacks set each employee.
forth in Section 9104.11 where it is (9) Clinics — 1 parking space for
found by the Planning Commission each 250 sq. ft. of floor area, plus 1
that such change will make for a better additional space for each doctor and 1
planned development, and where such for each employee,
change is in harmony with the Master L10) Motels — I parking space for
Plan of the City. each guest unit.
Previous Sections 9104.11, 9104.12, 9104.13 (b) The Planning Commission shall
and 9104.14 repealed and new Sections 9104.11, not recommend and the City Council
9104.11-1, 9104.12, 9104.13, 9104.14, added by shall not approve off-street parking on
Ord. 845, adopted April 14, 1958. a separate lot from the building site
SECTION 9104.2. Combining or "-H" or sites unless:
District. (7) Such lot is so located as to be
The following regulations shall apply usefu3 in connection with the proposed
in all "C" and "M" Districts with which use or uses on the building site or sites;
are combined "-H" Districts, in addition (2) Parking on. such lot will not
to the regulation hereinbefore specified create undue traffic hazards in the
therefor, and shall be subject to the surrounding area;
provisions of Chapter 5 of this Article; (3) Such lot and the building site
provided, however, that if any of the are in the same ownership, or the
regulations specified in Sections 9104.21 owners of the building sites have a
and 9104.22 differ from any of the common ownership in such lot, and
corresponding regulations specified in the owner or owners are entitled to
this Article for any district with which the immediate possession and use there-
is combined an "-H" District, then in of (ownership of the off—site lot must
such case the provisions of Section lease be ownership in Iee or a hold
9104.21 and 9104.22 shall govern, interest Of a duration adequate, to
Section 9104.2 amended by Ord. 845, adopt. serve' all proposed uses on the building
ed April 14, 1958. ,_sits or sites); and
SECTION 9104,21. Uses Permitted: (4)- f`he owner or owners and the
City upon the approval of the City
All uses permitted in the respective Council execute a written instrument
districts with which the "-H" District is or instruments, approved as to form
combined, subject to approval as to de- and content by the City Attorney, pro-
sign of buildings and design and loca- viding for the maintenance of the re-
tion of parking lot, provided however quired off-street parking on such lot
as follows: for the duration of the proposed use
(a) Off-street parking, on the build- or uses on the building site or sites.
ing site, or, with City Council approval Should a change in use or additional
upon recommendation of the Plan- use be proposed, the off-street parking
ning Commission, on a separate lot regulations applicable at the time shall
from the building site or sites, shall be apply`. Such instruments shall be re-
required in all districts with which the corded in the office of the County Re-
"-H" District is combined, according to corder and copies thereof filed with the
the following formula: Building Department and Planning.De-
(1) Retail Stores — 1 parking space partment.
for each 250 sq. ft. and 1 loading space Section 9104.21 amended by Ord. 845, adopt-
for each 10,000 sq. ft. of store floor ed April 14, 1958 and amended by Ord. 901,
area. adopted Dec. 28, 1959.
(2) Office Buildings -- 1 parking
space for each 250 sq. ft. of floor area. SECTION 9104.22. Building Location:
(3) Wholesale and Industry — 1 In case no building line is established
parking space for each 2000 sq. ft. by the Street & Highway Plan of the
of gross floor area and 1 loading space Master Plan of the City or by the pro-
for each 10,000 sq. ft. of gross floor visions of this Ordinance for the street
area, but in no event shall there be less on which any building will front, in
than 10 parking spaces for each such any district with which an "-H" District
establishment. is combined, no such building shall be
(4),-Restaurants — I parking space erected, constructed, moved or strut-
for each 3 seats. turally altered, so that the same shall
(5) Public Assembly — 1 parking be closer to the line of such street than
space for each 5 seats. a distance to provide adequate space
(6) Theatres — 1 parking space for for the traffic movements and the
each 5 seats. standing of vehicles which will be inci-
(7) Hotels I parking space for dental to the use of such building. Such
each 2 guest rooms. distance to be designated by the Plan-
(8) Hospitals — 1 parking space for ning Commission as a part of the action
CITY OF NEWPORT BEACH MUNICIPAL CODE 113
on plans submitted with the application shall not approve off-street parking on
for a permit for such building, as pro- a separate lot from the building site
vided in Section 9105.6 of this Article, or sites unless:
SECTION 9104.3. Combining or "-Z" (1) Such lot is so located as to be use-
District. ful in connection with the proposed
The followingregulations shall a use or uses on the building site or
p- sites;
ply in all "C" Districts with which are (2) Parking on such lot will not create
combined -Z" Districts, in addition undue traffic hazards in the sur-
to the regulations herembefore speci- rounding area;
fied therefor, and shall be subject to
the provisions of Chapter 5 of this Art- (3) Such lot and the building site are
icle; provided, however, that if any in the same ownership, or the own-
of the regulations specified in the "-Z" ers of the building sites have a
District differ from any of the corres- common ownership in such lot, and
ponding regulations. specified in this the owner or owners are entitled
Article for any district with which is to the immediate possession and
combined the "-Z" District, then and use thereof (ownership of the off-
in such case the provisions of the "-Z" site lot must be ownership in fee
a District shall govern. or a leasehold interest of a dura-
tion adequate to serve all proposed
SECTION 9104.31. Uses Permitted: uses on the building site or sites);
All uses permitted in the respective and
districts with which the "-Z" District is (4) The owner or owners and the City
combined, subject to approval as to upon the approval of the City
design of building and design and lo- Council execute a written instru-
cation of parking lot, provided how- ment or instruments, approved as
ever as follows: to form and content by the City
(a) Off-street parking, on the build- Attorney, providing for the main-
ing site, or on a separate lot from the tenance of the required off-street
building site or sites with City Coun- parking on such lot for the duration
cil approval on recommendation of the of the proposed use or uses on the
Planning Commission, shall be required building site or sites. Should a
in all districts with which the "-Z" Dis- change in use or additional use be
trict is combined, according to the fol- proposed, the off-street parking
lowing formula: regulations applicable at the time
' (1) Retail and Wholesale Stores, 1 shall apply. Such instruments shall
parking space for each 350 sq. ft. be recorded in the office of the
and 1 loading space for each 10,000 County Recorder and copies thereof
sq. ft. of store floor area. filed with the Building Depart-
(2) Office Buildings, 1 parking space
ment and Planning Department.
for each 350 sq. ft. of floor area. (c) The Planning Commission. may
(3) Restaurants, 1 parking space for recommend and the City Council may
each 3 seats. approve, on petition of the property
(4) Public Assembly, 1 parking space owner, a waiver of or reduction in off-
for each 5 seats. street parking required by the terms
(5) Theatres 1 parking space s for each of this section under the following con-
(5)
5 seats. (1) When a municipal parking lot is
(6) Hotels, 1 parking' space for each so located as to be useful in con-
2 guest rooms. nection with the proposed use or
(7) Hospitals, 1 parking space for each uses on the building site or sites;
bed, and in addition 1 parking or
space for each resident doctor and (2) When the building site is subject
1 for each employee. to two or more uses and the max-
(8) Clinics, 1 parking space for each imum parking requirements for
250 sq. ft. of floor area, plus 1 such uses do not occur simultan-
additional space for each doctor eously.
and 1 for each employee. Sections 9104.3, and 9104.31 added by Ord.
(9) Motels, 1 parking space for each 913, adopted Feb. 23, 1960.
guest unit.
(10) Apartments, 1 parking space for SECTION 9104.4. Combining or "-UL"
each unit having not more than 1 District.
bedroom; otherwise 2 parking The maximum height limit in feet
spaces per unit. established for the R-4 and C-O Dis-
(b) 'The Planning Commission shall tricts, respectively, shall not apply in
not recommend and the City Council such districts with which are combined
CITY OF NEWPORT BEACH MUNICIPAL CODE 113.1
the "-UL" District. The height limit in
such combined districts shall be limited
only by the formula based upon the
.ratio of floor space to buildable area
established for each such district. All
other provisions of this Article for
each such district shall apply.
Section 9104.4 added by Ord. No. 984, adopt-
ed December 11, 1961.
CHAPTER 5. GENERAL
PROVISIONS AND EXCEPTIONS
SECTION 9105. All sections of this
_ Article shall be subject to the following
general provisions and exceptions:
SECTION 9105.1. Uses:
(a) No circus, carnival, amusement
park, fun zone, open air theatre, race
track, private recreation center, or oth-
er similar establishment, shall be estab-
lished in any district unless and until a
i
I
i
CITY OF NEWPORT BEACH MUNICIPAL CODE 113-A
Use Permit is first secured for the es- temporary structures for the housing
tablishment, maintenance and opera- of tools and equipment or supervisory
tion of such use, offices for a period not to exceed one
(b) No dance hall, road house, night (1) year in connection with major con-
club, commercial club, or any establish- struction during the progress of such
ment where liquor is served, or com- construction.
mercial place of amusement or recrea- The Planning Director may approve
tion or any such place or any other an extension of periods of time speci-
place where entertainers are provided fied in this subsection.
- , whether as social companions or other Section 9105.1 amended by Ord. 901, adopt-
wise, shall be established in any dis- ed Dec. 28, 1959.
trict closer than two hundred (200) SECTION 9105.2. Height Limits:
feet to the boundary of any dwelling (a) Chimneys, cupolas, flag poles,
district, unless a Use Permit shall first monuments, radio and other towers,
have been secured for the establish- water tanks, and similar structures and
ment, maintenance and operation of mechanical appurtenances may be per-
such use. mitted in excess of height limits, sub-
(c) Accessory uses and buildings in ject to first securing a Use Permit in
any "C" or "M" District are permitted each case.
where such uses or buildings are inci- (b) No fence, hedge or screen plant-
dental to and do not alter the charac- ing of any kind shall hereafter be con-
ter of the premises in respect to their strutted or grown to exceed six (6)
use for purposes permitted in the dis- feet in height within any required side
trict. Such accessory buildings shall be yard to the rear of the front line of
allowed only when constructed con- any dwelling or along any rear proper-
current with or subsequent to the main ty line nor to exceed three (3) feet in
I building. height along the property line to the
(d) Accessory uses normally a part front of any dwelling or within fif-
of any use permitted in any "R" Dis- teem (15) feet of the corner of any
trict may be permitted. This shall not intersecting street.
be construed as permitting any com-
mercial use in any "R" District unless
Section 9105.2 amended by Ord. 845, adopt-
such is specified in the regulations ed April 14, 1958.
for the district, nor shall this be deem- SECTION 9105.3. Building Site Area:
ed to allow the manufacturing or pro- (a) Any lot or parcel of land under
cessing of any substance or commodity one ownership and of record on Au-
for profit or the storage of vehicles, gust 2, 1943 may be used as a building
equipment or materials used in the site even when of less area or width
conduct of any retail or wholesale than that required by the regulations
business. for the District in which it is located.
(e) Public or no fee private parking SECTION 9105.4. Yards:
lots for automobiles may be permitted
in any "R" District adjacent to any "C" (a) Architectural features such as
or "M" District subject to First secur- cornices or eaves may extend not ex-
subject case, ceeding two and one-half (2%) feet
ing a Use Permit in e
(f) Churches, schools, hospitals, parks into any required front or rear yard
and playgrounds, yacht clubs, ceme setback; provided, however, that such
a architectural features shall not project
aries (minimum area twenty (20)
acres), mausoleums, crematories, pub- any closer than two (2) feet from side
lic utility, public and quasi-public property line.
buildings, and municipally operated (b) Fireplaces and chimneys not to
parking lots may be permitted in any exceed eight (8) feet in width, con-
district, subject to first securing a Use structed of incombustible material,
Permit in each case, may encroach to a distance of two (2)
(g) The removal of earthen materials feet into any required front yard set-
may be permitted in any district, sub- back of ten (10) feet or more in any
ject to first securing a Use Permit in "R" District, provided that the fire-
each case. (No permit required for place and chimney must be located
normal grading or landscaping on lots not less than five (5) feet from any
of record.) side yard setback line.
(h) The Planning Director may ap- (c) Fireplaces and chimneys not to
prove temporary signs to advertise a exceed nine (9) feet in width, con-
subdivision and temporary tract or structed of incombustible material, may
real estate offices for sales in new sub- encroach to a maximum distance of
divisions for a period not to exceed two and one-half (2%) feet from any
one (1) year following the date of side yard setback line provided that
approval of the final map. such encroachment must be at least
The Planning Director may approve two (2) feet from any side property
CITY OF NEWPORT BEACH MUNICIPAL CODE 114
line. accessory building.
(d) Open uncovered porches or Said detached accessory building
landings may project a distance not may be built to within one (1) foot
exceeding' six (6) feet into any re- of one of the side lot lines. Such ac-
quired front yard setback. cessory building shall not be located
(e) Marquees, awnings or shades within five (5) feet of any alley or
may project from the building into the within 'five (5) feet of the side line
front yard setback in any "R" District of any alley or within five (5) feet of
not to exceed five (5) feet from the the side line of the front one-half (%)
building nor more than one-half the of any adjacent lot, or, in the case of
depth of the required front yard, and a corner lot, to project beyond the
must be within the required side yard front yard required or existing on the
lines and have a clearance above grade adjacent lot. In the case of a lot abut-
vertically of not less than six and ting on two or more streets, no build- '\
one-half (61/2) feet. ing shall be erected closer to the prop- /$
Any such projection from the build- erty line than the front yard setback,
ing shall be self-supporting and shall established on either street. In any
be of incombustible material or of not case where the rears of lots normally
less than one-hour fire resistive con- border streets and the fronts of the
struction. lots face a common walkway, the main
Marquees, awnings or shades may structure and/or accessory buildings
project from the building into the rear may be constructed within five (5)
yard setback in any "R" District not feet of the rear property line. In the
to exceed two and one-half (2T/z) feet. case of subdivisions where lots or
building sates are laid out or planned
(f) Whenever an Official Plan Lane
has been established for any street, to border a sr bluff
,
overlook a water-
required yards shall be measured from way, beach or bluff, the portion of
such lots bordering the street may be
stick line and in no case shall the considered the rear yard for purposes
provisions of this Article be construed of location, construction or mainte-
as permitting any encroachment upon nance of main or accessory buildings,
any Official Plan Line. provided that all of the lots in a block
(g) In residential districts having conform to this pattern. In all such
alleys to the rear of lots or building cases the required setback from the
sites, attached or detached garages, street shall be a minimum of five (5)
fences, hedges, screen plantings or feet and the normal front yard require-
other obstructions must set back from ments shall apply to the portion of
rear property lines the distances shown such lots adjacent to any waterway,
in the following table: beach or bluff, except that such front
Alley Width Setback yards may exceed the maximum of
15' or less 5' thirty-five (35) 'feet permitted in resi-
15' 1" to 19' 11" 3' 9" dential distracts.
20' or more 2' 6" (i) Every building or portion thereof
(h) In case an accessory building is which is designed or used for any
attached to the main building, it shall dwelling purpose in any "C" or "M"
be made structurally a part of and District shall comply with the require-
have a common wall with the main ments of such appropriate residential
building and shall comply in all re- district as is determined by the use to
spects with the requirements of this which such "C" or "M" District prop-
Article applicable to the main building. erty is being put; provided, however,
Unless so attached an accessory build- that when the entire ground floor of
ing in an "R" District shall be located any such building is used for any com-
on. the rear one-half (1/2) of the lot mercial or manufacturing purpose, the
and at least six (6) feet from any yard provisions specified for such "C"
dwelling building existing' or under or "M" District may be applied to the
round floor onl
construction on the same lot or any g y
adjacent lot, provided that in any "R" Section 9105.4 amended by Ord No. 970,
District combined with any "B" Disc ! adopted August 28, 1961 and amended by Ord.
trict the Planning Commission may No. 1034, adopted April 8, 1963.
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 lo-
cation will not be detrimental to ad-
joining property and further provided
that the Planning Commission approves
of the elevation and location of said
CITY OF NEWPORT BEACH MUNICIPAL CODE 115
SECTION 9105.41. Yards — Swims- Section 9105.5 amended by Ord. 845, adopted
l ming Pools. (a) Any swimming pool, April 14, 1958, and by Ord. 909 adopted Feb.
fish pond, or other body of water which 8, 1960.
contains water eighteen (18) inches or
more in depth for use in connection SECTION 9105.51. Requirements for
@, with any single family, duplex, multi- Off-Street Parking.
ple or apartment dwelling, shall be at (a) The requirements of this section
least five (5) feet from any side or rear and any off-street parking standards
yard property line and ten (10) feet adopted by the City Council shall apply
from any front yard property line. No to the following:
such body of water shall be permitted, (1) All off-street parking lots and
in any required yard space unless the areas hereafter developed which are
enclosing fence required in Section 8150 required by this Article.
of this Code is permitted under the pro- (2) All parking lots which are
visions of Section 9105.2(b). hereafter permitted subject to first
(b) Any pump, filter or heater in- securing a use permit.
stalled to serve such body of water
shall be located not less than five (5) (3) All parking lots and parking
feet from any side or rear yard proper- areas which are hereafter required
'- ty line and in no event nearer than ten by the Planning Commission as a
(10) feet to any dwelling on adjoining condition of granting a use permit.
- f properties. Any such pump, filter, or Such off-street parking standards
heater shall not be considered an acces- shall be adopted by resolution and
sory building so long as any required shall show minimum dimensions of
housing therefor does not exceed six parking spaces and aisles, requirements
(6) feet in height. Pump may be oper- for entrances and exits, and require-
ated only between the hours of 8 A.M. ments for markings and other devices
C and 8 P.M. deemed necessary to protect patrons,
Section 9105.4(h) added by Ord. 830 adopted the traffic on adjoining streets and
Oct. 28, 1957. Section 9105.4(h) repealed and alleys, and property owners in the
Section 9105.41 added by Ord. 924 adopted vicinity.
July 11, 1960. (b) Where the boundaries of park-
ing lots or parking areas adjoin prop-
erty in an R-1 or R-2 district, a wall
age or Parking Space: shall be constructed along such boun-
Accessible storage or parking space daries in such a manner as will pro-
for the parking of automobiles off the vide protection to the public and own-
street shall be provided in all districts, ers and occupants of adjoining prop-
as follows: erty from noise, exhaust fumes, auto-
(a) Not less than one (1) garage mobile lights, and other similar sources
space for each single family dwelling. of disturbance. Said wall shall be con-
P (b) Not less than one (1) garage structed of solid masonry to a height
space for each family unit in any of three (3) feet from the front of the
duplex, triplex or dwelling group of property to a depth equal to the re-
four (4) or less family units. quired front yard setback established
(c) Not less than one (1) garage for adjoining property in a residential
space for each two (2) guest rooms in district. The remaining portion of the
any rooming house. wall shall be six (6) feet in height, the
(d) Not less than one (1) parking lower four (4) feet of which must be
space for each two (2) guest rooms in of solid masonry construction.
any hotel. (c) A plot plan of any proposed park-
ing lot or parking area shall be sub-
space for each than
the 'first four (4) mitted to the Building and Safety Di-
space units, and two first
off-street rector for approval. The plot plan shall
familshow the layout of parking spaces,
parking spaces, one (1) of which must
be a garage space, for each additional aisles, walls, and other requirements
set forth in this section and in the off-
family unit, in any dwelling group of
more than four (4) family units. street parking standards. If the pro-
posed parking lot or parking area as
(f) Not less than two (2) garage shown on the plot plan meet said re-
spaces per family unit in any residen- quirements, the Director shall endorse
tial "B" District. his written approval on the plan and
Parking space required for other uses retain a copy thereof. If the proposed
allowed in any "R" District and not set plot plan does not meet the require-
forth above shall be determined by the ments of this section, the Director shall
Planning Commission and set forth return the plan to the applicant, to-
as a condition to the granting of the gether with a written statement set-
Use Permit for such use. ting forth the deficiencies in the plan,
CITY OF NEWPORT BEACH MUNICIPAL CODE 115A
I
within ten (10) calendar days after show desirable architectural standards,
the submission of the plan to the Di- but are not ,"designs which must be
rector. The parking lot or parking area copied in order to secure approval of
shall be developed and maintained in plans.
accordance with the plot plan as ap- (d) In case the applicant is not sat-
proved,. isfied with the decision of the Archi-
(d) Where the size, shape, location, tectural Committee, - he may within
or topography of the proposed park- thirty (30) days after such action ap-
ing lot or parking area make compli- peal in writing to the Planning Com-
ance with the requirements of this mission. The Architectural Committee
section impractical and will result in may, if it deems advisable, refer any
hardship, the Planning Commission, application for architectural approval
upon application, may waive such re- to the Planning Commission for its de-
quirements of this section and the off- cision.
street parking standards as are nee- (e) In case the applicant is not sat-
essary to permit development of the isfied with the action of the planning
parking lot or parking area so long as Commission, he may within thirty (30)
the waiver does not create an unsafe
condition or a condition which is detri-
mental to surrounding property.
' section 9105.51 added by Ord. No. 1031
adopted March 25, 1963E "
SECTION 9105.6. Architectural Con- .
trol:
(a) In case an application is made
for a permit for any building or struc-
ture 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 struc-
ture and other physical features, such
as trees, hydrants, poles, etc. Such
drawing or sketches shall be consider-
ed by the Planning Commission in an
endeavor to provide that such buildings
or structures and grounds be in keep-
ing with the character of the neighbor-
hood and such as not to be detrimental
to the orderly and harmonious develop-
ment of the City, or to impair the de-
sirability of investment or occupation
in the neighborhood.
(b) The Planning Commission may
appoint an Architectural Committee of
three (3) members, who may be em-
ployees in the following departments
of the City of Newport Beach: Build-
ing Inspection and City Engineer.
(c) The Architectural . Committee
shall have authority to approve archi-
tectural sketches within the meaning
of Section 9105.6 of this Article, but
all approvals shall be based on stand-
ards of good architectural design; such
standards, which shall be entitled
"Drawings and Illustrated Architectur-
al Standards for Certain Areas Desig-
nated 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 In-
spector's Office. Said drawings shall
CITY OF NEWPORT 13EACH MUNICIPAL CODE 116
days appeal in writing to the City the appraised value thereof according
Council and said Council shall render to the assessment by the Assessor for
its decision within thirty (30) days the fiscal year during which such de-
after the filing of such appeal. struction occurs, may be restored only
(f) No permit shall be issued in any if a Use Permit is first obtained in each
case hereinabove mentioned until such case.
drawings and sketches have been ap- (g) Ordinary maintenance and re-
proved by the Planning Commission or pairs may be made to any non-con-
by the City Council in the event of ap- forming building providing no strut-
peal from the Planning Commission, tural alterations are made and provid-
and all buildings, structures and ing that such work does not exceed
grounds shall be in accordance with fifteen (15) percent of the appraised
the drawings and sketches. value in any one (1) year period. Other
Section 9705.E amended b Ord. 845, ado r• repairs or alterations may be permitted
y p provided that a Use Permit shall first
i
ed April 14, 1958. be secured in each case.
SECTION 9105.7. Non-Conforming (h) Nothing contained in this Article
Uses: shall be deemed to require any change
(a) The lawful use of land existing at in the plans, construction or designated
use of any building for which a build-
the time of the adoption of this Article, ing permit has properly been issued,
although such use does not conform in accordance with the provisions of
to the regulations herein specified for ordinances then effective, and upon
the district in which such land is to which actual construction has been
cated, may be continued, provided that started prior to the effective date of
no such use shall be enlarged or in- this Article, provided that in all such
creased, nor be extended to occupy a cases actual construction shall be dili-
greater area than that occupied by such gently carried on until completion of
use at the time of the adoption of this the building.
Article, and that if any such use ceases,
the subsequent use of such land shall S E C T 10 N 9105.8. Non-Conforming
be in conformity to the regulations Buildings--Additions.
specified by this Article, for the district Notwithstanding the provisions of
in which such land is located. Section 9105.7(g) requiring a Use Per-
(b) The lawful use of buildings ex- mit for certain repairs or alterations
isting at the time of the adoption of to non-conforming buildings, additions
this Article may be continued, although to a building which is non-conforming
such use does not conform to the regu- only because such building does not
lations specified for the district in meet the yard requirements of this
which such buildings are located. ,Article shall be permitted without a Use
(c) The non-conforming use of a pot- Permit under the following conditions:
tion of a building may be extended (a) The proposed additions will com-
throughout the building provided that ply with all requirements of this Article
in each case a Use Permit shall first
in effect on the date the application for
be obtained.
(d.) The non-conforming use of a a building permit is made.
deter-
buildingmay be changed to a use of mines
The Planning Director Y g mines that the construction and main-
the same or more restricted nature tenance of the proposed additions,
provided that in each case a Use Per- when considered in conjunction with
mit shall first be obtained. the existing non-conforming building,
(e) If the non-conforming use of a will not result in conditions detrimental
building ceases for a continuous period to the health, safety, comfort or general
of six (6) months, it shall be considered welfare of persons in the neighbor-
abandoned and shall thereafter be used hood or be detrimental or injurious to
only in accordance with the regula- property in the neighborhood or to the
tions for the District in which it is general welfare of the City.
located.
- (f) A non-conforming building dam- Section 9105.8 added by Ord. No. 909, adopt-
aged or destroyed by fire, explosion, ed Feb. 8, 1960.
earthquake, or other act to an extent
of more than ninety (90) percent of its SECTION 9105.9. Official Plan Line
appraised value at the time of the —Master Street and Highway Plan.
damage, as fixed by the General Ap- (a) For the purposes of this Article,
praisal Company of Los Angeles, Cali- "mapped highway" shall be any second-
forma, or other equally responsible ary, primary, or major highway,
firm, or to an extent of 100 percent of whether existing or proposed, shown
CITY OF NEWPORT BEACH MUNICIPAL CODE 116-A
on map entitled "Master Plan, City of provided, however, that in the event
Newport Beach, California, Street and an official plan line is shown as such
Highway", adopted by City Coun- on a map entitled "Precise Plan of
cil Resolution No. 5224 on April 25, Highway Alignment" for any portion
1960, and all amendments thereafter described above, then such provisions
and hereafter adopted thereto; "center of said section shall apply to such por-
line" shall be either (1) a line midway tion.
between the properties abutting the
right of way of a mapped highway or Sections 9105.9 and 9105.91 added by Ord.
"{ (2) a line, if any, shown as such on a No. 932, adopted Aug. 8, 1960.
map entitled "Precise Plan of Highway
Alignment" and any amendments there- CHAPTER 6. PERMITS,
to (in the event of conflict between (1) VARIANCES AND AMENDMENTS
and (2), the line described in (2) shall
govern): "official plan line" shall be SECTION 9106.1. Zoning Permits.
either (1) a line at the herein required SECTION 9106.11. Zoning Permits
distance from the center line of any shall be required for all buildings and
mapped highway, on each side thereof, structures hereinafter erected, con-
or (2) a line, if any, shown as such on structed, altered, repaired, or moved
a map entitled "Precise Plan of High- within or into any district established
way Alignment" and any amendments by this Article, and for the use of va-
thereto (in the event of conflict be- cant land or for a chance in the char-
tween (1) and (2), the line described acter of the use of land, within any
in (2) shall govern), district established by this Article. Such
(b) Official plan line for real prop- permit may be a part of the building
erty abutting a mapped highway in permit and shall be issued by the
the City of Newport Beach, measured
from the center line of said highway,
shall be as follows:
(1) Forty-two (42) feet for a sec-
ondary street or highway.
(2) Fifty (50) feet for a primary
street or highway.
(3) Sixty (60) feet for a major
street or highway.
(c) No building shall be erected,
constructed, moved, or structurally al-
tered 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 Article
shall be determined in accordance with
Section 9105.4(d).
SECTION 9105.91. Official Plan Line
—Master Street and Highway Plan—
Exclusions. The hereinafter described
portions of mapped highways shall be
excluded from the provisions of Sec-
tion 9105.9:
(1) Balboa Boulevard between 45th
and 32nd Streets.
(2) Balboa Boulevard between Al-
varado Street and 6th Street.
(3) Newport Boulevard between
30th Street and McFadden
Place.
(4) Irvine Avenue between West-
cliff Drive and Cliff Drive.
(5) Dover Drive between Westeliff
Drive and Coast Highway.
(6) Marguerite Avenue between
5th Avenue and Ocean Boule-
vard;
CITY OF NEWPORT BEACH MUNICIPAL CODE 117
Building Inspector prior to any con- Article and may require such guaran-
- struction. tees and evidence that such conditions
SECTION 9106.2. Use Permits. are being or will be complied with.
Such conditions may include off-street
Use permits, revocable, conditional parking requirements which shall be
or valid for a term period may be is- determined by the Planning Commis-
sued for any of the uses or purposes sion in each case and shall be set forth
for which such permits are required or as a condition to the granting of-the
permitted by the terms of this Article. Use Permit for such use. In cases
' SECTION 9106.21. Application. where the Use Permit is refused, the
(a) Application for Use Permit shall Planning Commission shall state its
be made to the Planning Commission reasons for such refusal. Use Permits
shall not become effective for fifteen
in writing on a form prescribed by the
Commission and shall be accompanied (15) after being granted, and in
by a fee of Thirty Dollars ($30.00) and the event
appeal is filed said permit
by plans and elevations necessary to shall not become effective until a de-
show the detail of the proposed build- such is made by the City Council on
� such appeal.
ing or Use. Section 9106.23 amended by Ord. No. 940,
Section 9106.21 amended by Ord. No. 737, adopted Oct. 10, 1960.
' adopted Jan. 17, 1955; Ord. No. 845, adopted
Apr. 14, 1958; Ord. No. 901, adopted Dec. 28, SECTION 9106.24. Appeal.
1959; Ord. No. 1011, adopted Sept. 11, 1962. (a) In case the applicant or any
SECTION 9106.22. Public 'Hearings. other person, firm or corporation is
(a) No public hearing need be held not satisfied with the action of the
thereon, provided that the Planning Planning Commission, he may within
Commission may hold any hearings as fifteen (15) days appeal in writing
t deems necessary. to the City Council.
(b) When a public hearing is deemed (b) The City Council shall set date
necessary, notice of such hearing shall for public hearing and give notice as
be given by publication in the official required in Section 9106.22(b). Notice
newspaper of the City and by posting shall also be given to the Planning
said notice in not less than two (2) Commission of such appeal and the
conspicuous places on or close to the Planning Commission shall submit a
property at least ten (10) days prior report to the City Council setting forth
to the hearing or by mailing said no- the reasons for action taken by the
tice, postage prepaid, at least five (5) Commission, or shall be represented at
days prior to the hearing to all prop- the hearing.
erty owners whose names and ad- (c) The City Council shall render its
dresses appear on the latest adopted decision within sixty (60) days after
tax roll as owning property within a the filing of such appeal.
distance of three hundred (300) feet Section 9106.24 amended by Ord. No. 901,
from the exterior boundaries of appli- adopted Dec. 28, 1959.
cant's property.
Section 9106.22 amended by Ord. No. 845, SECTION 9106.25. Effect.
adopted Apr. 14, 1958, amended by Ord. No. No building or zoning permit shall
901, adopted Dec. 28, 1959. be issued in any case where a Use Per-
mit is required by the terms of this
SECTION 9106.23. Action by C'om- Ordinance unless and, until such Use
mission. Permit has been granted by the Plan
(a) In order to grant any Use Permit ning Commission or in the event of
the findings of the Planning Commis- appeal by the City Council and then
sion shall be that the establishment, only in accordance with the terms and
maintenance or operation of the use or conditions of the Use Permit granted.
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 neces-
sary to secure the purposes of this
CITY OF NEWPORT BEACH MUNICIPAL CODE 118
SECTION 9106.3. Variance and Ap- owners whose names and addresses ap-
peals. pear on the latest adopted tax roll
Where practical difficulties, unneces- as owning property within a distance
sary hardships and results inconsistent of three hundred (300) feet from the
with the general purpose of this Article exterior boundaries of applicant's prop-
may result from the strict application erty; provided however, that public
of certain provisions thereof, vari- hearings need not be held on applica-
ance may be granted as provided in tions peeking deviations from'yard
Sections 9106.31 to 9106.35 both inclu- requirements permitting a building or
sive. structure to extend into or occupy a re-
quired side, rear or front yard, court
_ I SECTION 9106.31. Application. or other open space a distance not ex-
(a) Application for a variance shall ceeding 10% of the width or depth
be made in writing on a form pre- thereof or from regulations establish-
scribed, by the Planning' Commission ing the location of accessory build-
and shall be accompanied by a filing ings unless a hearing is deemed neces-
fee of Fifty Dollars ($50.00) if a pub- sary by the Planning Director.
lic hearing is deemed necessary by the
Planning Director, or Fifteen Dollars Section 9106.3'2 amended by Ord. No. 845,
($15.00) if no public hearing is re- adopted Apr. 14, 1958, amended by Ord. No.
quired. 901, adopted Dec..28, 1959.
The application shall, in addition, be SECTION 9106.33. Action by Com-
accompanied by a statement, plans and mission.
y evidence showing:
(1) That there are exceptional or (a) After the conclusion of the public
extraordinary circumstances applying hearing the Planning Commission shall
1 to the land, building or use referred render its decision on any variancewithin thirty-five (35) days following
to in the application, which circum- the close of the public hearing. The
stances or conditions do not apply granting of any variance, when con-
generally to land, buildings and/or in
uses in the same district. forming to the provisions of this sec-
(2) That the granting of the appli- tion, is hereby declared to be an ad-
cation is necessary for the preserva- mimstrative function, the authority and
_ tion and enjoyment of substantial responsibility for performing which is
Commis-
property rights of the applicant. imposed upon the Planning Commis-
(3) That the granting is such ap- sion, and the action thereon by said
pli(3) T will e g under the circum- Commission shall be final and conclus-
stances of the particular case, mater- he except in the event of an appeal as
ially affect adversely the health or hereinafter provided.
safety of persons residing or working (b) The Planning Commission may
in the neighborhood of the property designate such conditions in connection
of the applicant and will not under with the variance as it deems necessary
the circumstances of the particular to secure the purposes of this Article,
case be materially_detrimental to the and may require such guarantees and
public welfare or injurious to prop- evidence that such conditions are being
erty or improvements in said neigh- or will be complied with. Such con-
borhood. ditions may include off-street parking
requirements which shall be determined
I'I Sub-section (a) of Section 9106.31 amended by the Planning Commission in each
by Ord. No. 737, adopted Jan. 17, 1955; Section case and shall be set forth as a con-
9106.31 amended by Ord. No. 845, adopted dition to the granting of the variance.
April 14, 1958; Ord. No. 901, adopted Dec. 28,
1959. Section 9106.33 amended by Ord. No. 805,
adopted Dec. 10, 1956; and Ord. No. 940,
SECTION 9106.32. Public Hearings. adopted Oct, 10, 1960.
(a) A public hearing shall be held SECTION 9106.34. Appeal.
within sixty (60) days after filing of
the application, notice of which shall (a) In case the applicant or any per-
be given by publication in the official son, firm or corporation is not satisfied
newspaper of the City and by posting with the action of the Planning Com-
said notice in not less than two (2) mission, he may within 'fifteen (15)
conspicuous places on or close to the days appeal in writing to the City
property at least ten (10) days prior Council.
to the hearing or by mailing said notice, (b) The City Council shall set date
postage prepaid, at least five (5) days for public hearing and give notice as
prior to the hearing to all property required in Section 9106.32(a). Notice
CITY OF NEWPORT BEACH MUNICIPAL CODE 119
shall also be given to the Planning the City Council. The City Council
Commission of such appeal and the shall act thereon within sixty (60) days
Planning Commission shall submit a after receipt of the recommendation of
report to the City Council setting forth the Planning Commission.
the reasons for action taken by the
Commission, or shall be represented SECTION 9106.5. Amendments.
at the hearing. This Article may be amended -by
(c) The City Council shall render its changing the boundaries of districts or
decision within sixty (60) days after by changing any other provision there-
de sonit such appeal. of whenever the public necessity and
filing pp convenience and the general welfare
f Section 9106.34 amended by Ord. No. 805, require such amendment by following
adopted Dec. 10, 1956; Ord. No. 901, adopted the procedure of Sections 9106.51 to
Dec. 28, 1959. 9106.54, inclusive.
SECTION 9106.35. Appeals. SECTION 9106.51. Initiation.
(a) The Planning Commission shall (a) An amendment may be initiated
have the power to hear and decide by.
appeals based on the enforcement or
interpretation of the provisions of this (1) The verified petition of one or
Article. more owners of property affected by
(b) In case an applicant is not satis- the proposed amendment, which peti-
fied with the action of the Planning tion shall be filed with the Planning
Commission on his appeal he may Commission and shall be accompanied
within fifteen (15) days appeal in by a fee of One Hundred Dollars
writing to the City Council. ($100.00), no part of which shall be
(c) Notice shall be given to the returnable to the petitioner, or by
Planning Commission of such appeal (2) Resolution of intention of ,the
and the Planning Commission shall City Council, or by
submit a report to the City Council (3) Resolution of intention of the
setting forth the reasons for action Planning Commission.
taken by the Commission or shall be Section 9106.51 amended by Ord. No. 737,
represented at the Council meeting at adopted Jan. 17, 1955; Ord. No. 1011, adopted
the time the matter is heard. Sept. 11, 1962.
(d) The City Council shall render its SECT ION-MM6.5Z. Public Hearings.
decision within thirty (30) days after (a) The Planning Commission shall
the filing of such appeal, hold at least one (1) public hearing on
Section 9106.35 amended by Ord. No. 901, any proposed amendment, and shall
adopted Dec. 28, 1959, give notice thereof by at least one (1)
SECTION 9106.4. Revocation of Per. publication in a newspaper of general
mits or Variances. circulation within the City at least ten
(10) days prior to the first of such
SECTION 9106.41. Any zoning per- hearings.
mit, use permit, or variance granted in (b) In case the proposed amendment
accordance with the terms of this Arti- consists of a change of the boundaries
cle shall be revoked if not used within of any district so as to reclassify any
one and one-half (11/) years from date property from any district to any other
of approval unless, on approval, the district, the Planning Commission shall
Planning Commission specifies or has give additional notice through the
specified a different period of time. U. S. Mails at least five (5) days prior
Section 9106.41 amended by Ord. No. 845, to the first of any public hearings to all
adopted Apr. 14, 1958. property owners within three hundred
(300) feet of the applicant's property,
SECTION 9106.42. Any zoning per- as shown on the last approved assess-
mit, use permit, or variance granted in ment rolls of the City.
accordance with the terms of this Arti- (c) Any failure to mail such notices
cle may be revoked if any of the condi- as aforesaid shall not invalidate any
tions or terms of such permit or vari- proceedings for amendment of this Ar-
ance are violated, or if any law or ordi- title.
- nance is violated in connection there- .Section 9106.52 amended by Ord. No. 845,
with. adopted Apr. 14, 1958.
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
CITY OF NEWPORT BEACH MUNICIPAL CODE 120
SECTION 9106.53. Action by Plan- herein are defined as follows:
f ning Commission. SECTION 9107.11. "ALLEY". Any
(a) Following the aforesaid hearings public thoroughfare which affords only
the Planning Commission shall approve a secondary means of access to abutting
or disapprove the proposed amendment. property.
If approved, the Planning Commission
¢ shall make and file a report of its find- SECTION 9107.12. "AUTOMOBI{E
ings and recommendations with the COURT (MOTELS)". A group of two
City Council. The Planning Commis- or more detached or semi-detached
sion shall make its decision and file its buildings containing guest rooms or
report no later than ninety (90) days apartments with automobile storage
after the first published notice of the space serving such rooms or apartments
Planning Commission hearing unless provided in connection therewith which
such time limit is extended upon the group is designed and used primarily
mutual agreement of the parties having for the accommodation of transient
an interest in the proceedings. Failure automobile travelers.
of the Planning Commission to take SECTION 9107.13. "BOARDING
action on the proposed amendment or HOUSE'". A dwelling other than a hotel
failure to report within said time limit where lodging or lodging and meals for
shall be deemed to be approval of the three (3) or more persons is provided
proposed amendment by the Planning for compensation.
Commission. SECTION 9107.131. "BUILDABLE
(b) If the proposed amendment is AREA". The area of a building site,
disapproved, no further action shall excluding any basic minimum side,
taken thereon unless an appeal is fileded front and rear yard spaces, required
in writing with the City Council within
fifteen (15) days after such disapproval. for buildings three (3) stories or less
in height.
SECTION 9106.54. Action by City Section 9107.131 added by Ord. No. 974,
Council.
adopted October 30, 1961.
(a) Upon receipt of such report from SECTION 9107.14. "BUILDING". Any
the Planning Commission, or upon the structure having a roof supported by
expiration of the time limit prescribed columns or by walls and designed for
in Section 9106.53(a), or upon the filing the shelter or housing of any person,
of any appeal, the City Council shall animal or chattel.
set the matter for one public hearing SECCTION 9107.15. "BUILDING, AC-
giving notice thereof as provided by CESSORY". A subordinate building,
law. Notice shall also be given to the the use of which is incidental to that
Planning Commission of such appeal, of the main building on the same lot
and the Planning Commission shall and/or building site.
submit a report of its findings and SECTION 9107.16. "BUILDING,
recommendations to the City Council MAIN". A building in which is con-
setting forth the reasons for the de- ducted the principal use of the lot
cision of the Commission or the Com- and/or building site on which it is sit-
mission shall be represented at the uated.
hearing. After the conclusion of such
hearing, the City Council may adopt SECTION 9107,17. "BUILDING
or reject the proposed amendment, or SITE". A lot or parcel of land, in single
any part thereof, in such form as said or joint ownership, and occupied or to
Council may deem to be advisable, or be occupied by a main building and ac-
the Council may refer the matter back cessory buildings, or by a dwelling
to the Planning Commission for further group and its accessory buildings, to-
study and recommendation. gether with such open spaces as are
(b) The decision of the City Council required by the terms of this Article,
shall be rendered within sixty (60) days and having its principal frontage on
after the receipt of a report and ree- a street, road, highway, waterway or
ommendation of approval from the ocean front.
Planning Commission or after the ex- Section 9107.17 amended by Ord. No. 845y
piration of the time limit prescribed in adopted Apr. 14, 1958.
Section 9106.53(a), or within sixty (60) SECTION 9107.18. "BUSINESS, RE-
days after the filing of any appeal. TAIL". The retail sale of any article,
Section: 9106.53 and 9106.54 amended by substance, or commodity for profit or
Ord. No. 937, adopted Sept. 26, 1960. livelihood, conducted within a building
CHAPTER 7. DEFINITIONS or
not including the sale of lumber
or other building materials or the sale
SECTION 9107.1. For the purpose of of used or secondhand goods or mate-
this Ordinance, certain terms used rials of any kind.
CITY OF NEWPORT BEACH MUNICIPAL CODE 120-A
SECTION 9107.19. "BUSINESS, SECTION 9107.22. "DWELLING,
WHOLESALE". The wholesale handl- ONE SINGLE FAMILY". A building
ing of any article, substance or com- containing only one kitchen, designed
modity for profit or livelihood, but not for or used to house not more than one
including the handling of lumber or family, including all necessary em-
other building materials or the open ployees of such family.
storage or sale of any material or com-
modity SECTION 9107.23. "D W E L L I-N G
ingr and not including the process- TWO FAMILY OR DUPLEX". A build-
substance.or manufacture of any product or in containing not more than two kitch-
substance. g g
ens, designed and/or used to house not
SECTION 9107.20."COMBINING DIS- more than two families, living inde-
TRICT". Any district in which the gen- pendently of each other, including all
eral district regulations are combined necessary employees of each such fam-
with "-B" or "-H" for the purpose of ily.
adding additional special regulations, SECTION 9107.24. "DWELLING,
i.e. "R-l" combined with "-B" (R-17B) MULTIPLE OR APARTMENT DWELL-
increases the area and yard require- INGS". A building or portion thereof
ments. ` C-l" combined with "-H" used, and designed as a residence for
(C-1-H) adds the additional require- three (3) or more families living inde
ment of off street parking. pendently of each other, and doing
SECTION 9107.21. "DISTRICT'. A their own cooking in said building, in-
cluding apartment houses, apartment
portion of the City within which cer- hotels and flats, but not including auto-
tain uses of land and buildings are per- mobile courts.
P mitted or prohibited and within which
certain yards and other open spaces Section 9107.24 amended by Ord. No. 845,
are required and certain height limits adopted Apr. 14, 1958.
are established for buildings, all as set SECTION 9107.25. "DWELLING
forth and specified in this Article. GROUPS". A group of two or more de-
d
CITY OF NEWPORT BEACH MUNICIPAL CODE 121
tached or semi-detached, 1-family, 2- SECTION 9107.312. "P'A R K I N G
family, or multiple dwellings occupy- LOT". An off-street parking facility
ing a parcel of land, in one ownership containing five (5) or more parking
and having any yard or court in com- spaces.
mon, but not including automobile Sections 9107.311 and 9107.312 added by
courts, Ord. No. 1031 adopted March 25, 19631
1 SECTION 9107.26. "FAMILY". One SECTION 9107.32. "PARKING
or more persons occupying a premises SPACE". An accessible and. usable off-
and living as a single housekeeping street parking space.
unit, as distinguished from a group oc-
cupying a hotel, club, fraternity or sor- Section 9107.32 amended by Ord. 845, adopt-
, Orlty house. A family shall be deemed ed April 14, 1958 and amended by Ord. No.
to include necessary servants.
1031 adopted March 25, 1963.
SECTION 9107.27. "GARAGE SECTION 9107.33. "REVERSED
SPACE". An accessible and usable cov- FRONTAGE". A key lot or the first lot
ered space of not less than nine (9) to the rear of a corner lot, the front
feet, clear width, inside measurements, line line
which is a continuation of the
side l
by twenty (20) 'feet, clear length, in-
on of the corner lot and fronting
side measurements, for the parking of on the street which intersects the street
- i automobiles off the street, such space upon which the corner lot fronts
to be located on the lot so as to meet and/or which faces the street upon
the requirements of this Article for an which the side of a corner lot abuts.
accessory building. Any such garage SECTION 9107.34. "ROOMING OR
space to be so located on the front one- BOARDING HOUSE". A dwelling
half (1/2) of a lot shall have side walls, other than a hotel where lodging and/
roof, and an operating garage door for or meals for three or more persons are
access of automobiles. provided for compensation.
Section 9107.27 amended by Ord. 756, adopt SECTION 9107.35. "STREET". A pub-
ed Sept. 26, 1955, and Ord. 845, adopted April lic or private thoroughfare which a'f-
14, 1958. fords principal means of access to
SECTION 9107.28. "HEIGHT OF
abutting property, including avenue,
BUILDINGS". The vertical distance place, way, drive, lane, boulevard, high-
from the average level of the highest way, road, and any other thoroughfare
and lowest point of that portion of the except an alley as defined herein.
lot covered by the building to the top- SECTION 9107.36. "STREET LINE".
most point of the roof. The boundary between a street and
SECTION 9107.29. "HOTEL". Any property.
building or portion thereof containing SECTION 9107.37. "STRUCTURE".
6 or more guest rooms used, designed Anything constructed or erected, the
or intended to be used, let, or hired use of which required location on the
out to be occupied or which are occu- ground or attachment to something
pied b 6 or more individuals for com- h ground.p Y having location on the g n .
pensation whether the compensation
for for hire to be paid directly or indi- SECTION 9107.38. "STRUCTURAL
rectly. ALTERATIONS". Any change in the
SECTION 9107.30. "JUNK YARD". supporting members of a building, such
as The use of more than 100 square feet
girders.
bearing walls, columns, beams or
of the area of any lot or the use of any girders.
portion of that half of any lot, which SECTION 9107.39. "TRAILER
half adjoins any street, for the storage COURT". Land or premises used or in-
of junk, including scrap metals or other tended to be used, let or rented for
scrap materials or for the dismantling occupancy by or of trailers or movable
or "wrecking" of automobiles or other dwellings, rooms or sleeping quarters
vehicles, or machinery whether for sale of any kind.
or storage. SECTION 9107.40. "USE". The pur-
SECTION 9107.31. "NON-CONFORM- pose for which land or premises of a
ING USE". A use that does not con- building thereon is designed, arranged,
form to the regulations for the district or intended or for which it is or may
in which it is situated. be occupied or maintained.
SECTION 9107.311. "PARKING SECTION 9107.41. "USE-ACCES-
AREA". An off-street parking area SORY". A use incidental and accessory
containing 'fewer than five (5) parking to the principal use of a lot or a build-
spaces. ing located on the same lot.
it
CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A
I
SECTION 9107.42. "YARD". An -open notwithstanding the provisions of Chap-
space other than a court on the same ter 6 shall be processed in accordance
lot with a building, which open space with the terms of this section.
is unoccupied and unobstructed from (b) Any application for a Use Permit
the ground upward, except as otherwise under the provisions of this chapter
permitted in Section 9105.4. shall be accompanied by a fee of Five
SECTION 9107.43. "YARD—FRONT". Hundred Dollars ($500) if the land
A yard extending across the front of area of the proposed development is
-y the lot between the inner side yard five (5) acres or less plus One Hundred
lines and measured from the front prop Dollars ($100) for each acre or portion
C erty line of the lot; provided that, if of an acre in excess of five (5) acres.
any official plan line has been estab- (e) Such application shall be pro-
- lished for the side of the street upon cessed by the Planning Commission
which the front of the lot faces, then and transmitted to the City Council
such yard shall be measured from such with a recommendation for its approval
official plan line. or disapproval and any conditions the
Planning Commission feels should be
P SECTION 9107.44. "YARD—REAR" imposed. The City Council may ap-
A yard extending across the full width prove, disapprove or refer the same
of the lot and measured from the rear back to the Planning Commission for
property line of the lot; provided that, further processing. Any such permit is
if any official plan line has been estab- subject to the final approval of the City
lished for the side of the street upon Council.
which the rear of the lot faces, then
such yard shall be measured from such SECTION 9108.3. Land Area Re.
officialplan line. quired.
A planned residential development
SECTION 9107.45. "YARD—SIDE". shall have sufficient land area to meet
A yard extending from the front prop- the objectives set forth in Section
erty line of the lot to the rear yard and 9108.1.
measured from the side property line
of the lot; provided that, if any official SECTION 9108.4. Dwelling Types
plan line has been established for the and Uses Permissible.
side of the street upon which the side (a) Only single-family dwellings,
of the lot 'faces, then such yard shall and accessory uses and buildings nor-
be measured from such official plan mally incidental thereto, shall be per-
line. mitted in an R-1 District.
Sections 9107.43, 9107.44 and 9107.45 amend- (b) Only single-family dwellings,
ed by Ord. No. 932, adopted Aug. 8, 1960. two-family or duplex dwellings, or any
combination thereof, and accessory
CHAPTER 8. PLANNED uses and buildings normally incidental
RESIDENTIAL DEVELOPMENTS thereto, shall be permitted in R-2 Dis-
tricts.
SECTION 9108.1. Planned Residential (c) Only single-family dwellings,
Development. two-family or duplex dwellings, mul-
A planned residential development is tiple or apartment dwellings, or any
a development planned and designed combination thereof as approved by
as a unit to produce an environment the Planning Commission, and acces-
of stable desirable character not out sory uses and buildings normally in-
of harmony with its surrounding cidental thereto, shall be permitted in
neighborhood and which meets stand- an R-3 or R-4 District.
ards of density, open space, light and (d) Community centers, social halls,
air, pedestrian and vehicular access, lodges, clubs, private recreation centers,
and traffic circulation similar to the churches, schools, yacht clubs, and
regulations of this Article for the "X' parks and playgrounds may be permit-
District or Districts in which such de- ted in a planned residential develop-
velopment is to be located. ment in any "R" District. All uses or
buildings- other than those specified
SECTION 9108.2. Use Permit Re- herein shall be prohibited.
quired.
(a) Planned residential developments SECTION 9108.5. Perimeter of Public
may be permitted, in any "R" District Streets; Partial Waiver.
when a Use Permit is first secured for (a) A planned residential develop-
each such development. Such Use Per- ment shall be bounded on all sides by
mit shall be subject to the regulations public streets.
and requirements of this chapter and (b) A partial waiver of this require-
CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A2
d. Location and height of all ing Inspector of the City to enforce
walls, fences and screen planting, the provisions of this Article pertain-
including a detailed plan for the ing to the creation, construction, recon-
landscaping of the development struction, moving, conversion, altera-
and the method by which such tion or addition to any building or
landscaping is to be accomplished. structure.
e. Types of surfacing, such as
paving, turfing or gravel to be used SECTION 9109.2. Any person, 'firnf,
at the various locations. or corporation, whether as principal,
agent, employee, or otherwise, violating
f. A grading plan of the area. or causing the violation of any of the
(5) Plans and elevations of one or provisions of this Article shall be guil-
more structures to indicate architec- ty of a misdemeanor, and upon con-
tural type and construction standards. viction thereof shall be punishable by
(6) A verified petition for a change a fine of not more than $300.00 or by
in zoning classification in accordance imprisonment in the County Jail of the
with Section 9106.5, if such a change County of Orange or the City Jail of
in zoning classification is required the City of Newport Beach, for a term
to make such development conform not exceeding 150 days or by both such
to the Master Plan. fine and imprisonment. Such person,
(7) Such other information as may firm or corporation shall be deemed to
f be required by the City to assist be guilty of a separate offense for each
in the consideration of the proposed and every day during any portion of
development. which any violation of this Article is
committed or continued by such per-
SECTION 9108.14. Reports from Fire son, firm or corporation and shall be
and Public Works Departments. punishable as herein provided.
The application and accompanying
information, maps, and plans shall be SECTION 9109.3. Any building or
- , submitted to the Fire Department and structure set up, erected, constructedy
Public Works Department and written altered, enlarged, converted, moved or
recommendations in connection there- maintained contrary to the provisions
with shall be supplied by those de- of this Article, and any use of any land,
partments before final action is taken building or premises established, con-
on such development, ducted, operated or maintained con-
trary to the provisions of this Article,
SECTION 9108.15. .Building Permits. shall be and the sane is hereby de-
The Department of Building and clared to be unlawful and a public
Safety shall insure that a planned resi- nuisance; and the City Attorney of said
dential development is undertaken and City shall, upon order of the City Coun-
completed in conformance with the ap- cil, immediately commence action or
proved plans and the terms and condo- proceedings for the abatement and re-
tions of the Use 'Permit for such de- moval and enjoinment thereof in the
velopment. No building permit shall manner provided by law, and shall
be issued for any construction or de- take such other steps and shall apply
velopment which does not conform to to such courts as may have jurisdiction
such plans, terms, and conditions. to grant such relief as will abate and
Chapter 8 repealed by Ord. No. 952, adopted
March 27, 1961; new Chapter 8 added by Ord.
No. 955, adopted April 10, 1961,
CHAPTER 9, ENFORCEMENT,
PENALTIES AND LEGAL
PROCEDURE
SECTION 9109.1. All departments,
official 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 per-
mit or license for uses, buildings, or
purposes in conflict with the provisions
_ of this Article; and any such permit or
license issued in conflict with the pro-
visions of this Article shall be null and
void. It shall be the duty of the Build-
CITY OF NEWPORT BEACH MUNICIPAL CODE 121-B
remove such building or structure, and sentence, clause and phrase hereof, ir-
restrain and enjoin any person, firm respective of the fact that any one or
or corporation from setting up, erect- more sections, subsections, sentences,
ing, building, maintaining, or using clauses or phrases be declared invalid.
any such building contrary to the pro-
visions of this Article. CHAPTER 12. REFERENCE
E
SECTION 9109.4. The remedies pro- SECTION 9112.1. This Article shall
vided for herein shall be cumulative
and not exclusive. be known and cited as the Zoning Law
of the City of Newport Beach. Refer-
SECTION 9109.5. Interpretation. ence to section numbers herein are to
When interpreting and applying the the sections of this Article.
provisions of this Article, they shall be
held to be the minimum requirements SECTION 9124. Oil Wells. No person
adopted for the promotion of the public shall erect or construct oil drilling der-
health, safety, comfort, convenience ricks or oil drilling equipment within
and general welfare. It is not intended the City, or shall drill from the sur-
by the adoption of this Article to re- face or by subterranean drilling, for
peal or in any way to impair or inter- oil, petroleum, tar, gas or other hydro-
fere with any existing provision of law carbon substances within the City, or
of the Municipal Code of the City of shall build or establish refineries for
Newport Beach, or any rules, regula- the purpose of refining petroleum, oil,
tions or permits previously adopted . gas, tar or other hydrocarbon substan-
or issued or which shall be adopted ces within said City, except that it shall
or issued pursuant to law relating to be lawful under the provisions hereof
the erection, construction, establish- to drill for oil, petroleum, tar, gas
_ j ment, moving, alteration or enlarge- or other hydrocarbon substances by
ment of any legal building or improve- slant drilling or subterranean drilling
ment; nor is it intended by this Arti- in and under the area hereinafter de-
cle to interfere with or annul any scribed, provided that the drilling sites
easement, covenant, or other agree- shall be located, outside of the city lim-
ment between parties; provided, how- its of the City and that such drilling
ever, that in cases in which this Arti- shall be at a vertical depth of at least
cle imposes greater restrictions than four hundred feet below the ground
are imposed or required by other pro- surface within the area mentioned and
visions of law or the Municipal Code hereafter described.
of the City of Newport Beach, or by That the area in the City in which
such rules, regulations or permits or slant drilling or subterranean drilling
by such easements, covenants or agree- shall be permitted, under the terms
ments, then in such cases the provisions hereof, is described as being:
of this Article shall control. All that area lying northwest-
Section 9109.5 added by Ord. No. 952, adopt- erly of the southeasterly lane of
ed March 27, 1961. 53rd Street, and the northeast-
erly and southwesterly pro-
CHAPTER 10. REPEALING, longation of said southeaster-
SECTION 9110.1. Ordinance No. 525 ly line of 53rd Street, as said
is hereby repealed and all other ordi- 53rd Street is laid out and
nances and parts of ordinances of said shown upon a map of Ocean
City in conflict with this Article to the Front Tract, recorded in Book
extent of such conflict and no further, 4, Page 1.2 of Miscellaneous
are hereby repealed provided that Maps, Records of Orange Coun-
nothing herein contained shall be ty, California, and a map of
deemed to repeal or amend any ordi- River Section, recorded in
nance of said City requiring a permit Book 4, Page 25 of Miscellan-
or license or both to cover any business eous Maps, Records of said
trade or occupation. County.
CHAPTER 11. VALIDITY SECTION 9124.1. Any proposed
SECTION 9111.1. If any section, sub- change in or expansion of the area
section, sentence, clause or phrase of within the City of Newport Beach in
this Article is for any reason held by which slant drilling or sub-terranean
a court of competent jurisdiction to be drilling is allowed by Section 9124 of
invalid, such decision shall not affect this Code shall first be submitted to
the validity of the remaining portions the qualified electors of the City of
of this Article. The City Council hereby Newport Beach for approval or dis-
declares that it would have passed this approval. If a majority of said qualified
Article and each section, subsection, electors vote in favor of such a ques-
CITY OF NEWPORT BEACH MUNICIPAL CODE 121-C
tion, 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 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 retroactively to
p any drilling operation or contract en-
tered into prior to the effective date of
this section.
It is specifically declared that 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 sub-terranean 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 sub-
merged lands.
Section 9124.1 added by Ord. 715, effective
April 30, 1954.
SECTION 9125. Fire Hazards. Every
person who was at the effective date
of Ordinance No. 372 of the City con-
ducting, carrying on, maintaining or
engaging in any of the businesses des-
ignated in Section 9124 of this. Chapter,
and who continues such operation shall
conduct the same so as to prevent 'fire
y hereby or therefrom, which may en-
danger, injure or destroy the property
of any person within the City.
SECTION 9126. Nuisances. No per-
son 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 en-
joyment by others of their property.
SECTION 9127. Same. No person
shall permit any of the businesses
enumerated 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 per-
son 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 at-
tendance, and the leaving of any well,
whether in operation or not, without a
watchman in constant charge and at-
tendance, shall be and constitute a nuis-
ance within the meaning of this Chap-
ter, which said nuisance may be
abated.
Section 9129 and 9129A repealed by Ord-.
650, adopted Oct. 8, 1951.
CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A1
ment may be permitted when it is (1) Two (2) covered parking spaces
found and determined that such par- for each family dwelling unit in the
tial waiver will not be inconsistent with development.
adequate standards of pedestrian and (2) There shall also be required
_ vehicular access and traffic circula- for visitors and guests at least one (1)
tion for the development and for the parking space for every two (2) fam-
area in which the development is lo-
cated. ily dwelling units in the develpp-
went. Such parking spaces mays be
SECTION 9108.6. Conformance to uncovered and shall be so located as
Master Plan. to be accessible to such visitors and
All planned residential developments guests. The requirement for this ad-
shall conform to the Master Plan of ditional parking may be waived
the City of Newport Beach, and no when it is determined that there will
such development shall be approved be sufficient parking space to ade-
unless such development does conform quately serve the development with-
to the Master Plan. out it.
SECTION 9108.7. Maximum Building (3) The required parking spaces
Coverage. or any portion thereof may be group-
The maximum building coverage for group-
ed when it is 'found and determined
the development shall not exceed forty that such grouping er parking spaces
per cent (40%) of the land area being and the location. thereof will be ac-
developed, exclusive of land area being with le and useful in connection
set aside for the rights-of-way of pub- . with the proposed dwelling units in
the development.
lic or private streets and alleys.
SECTION 9108.8. Minimum Land SECTION 9108.13. Use Permit Appli-
Area per Dwelling Unit. cation.
The minimum land area for each An application for a planned resi-
family dwelling unit, exclusive of land orm l development shall be in the
f
area being set aside for the rights-of- form of an application for Use Permit
way of public or private streets and and shall accompanied by the f
alleys, shal] be not less than that re- lowing information, maps and plans:
quired for the district or districts in (1) A boundary survey map of the
which such development is to be lo- real property; a tentative subdivision
map may be substituted if the appli-
cated. tsubdivider -
Sections 9108.7 and 9108.8 amended by Ord. cant. proposes o the e prop
-
Sections
No. 1001, adopted May 14, 1962, ty.
SECTION 9108.9. Minimum Floor (2) Topography of the develop-
Living Area per Dwelling Unit. grad area and the proposed finished
grade shown in contour intervals of
There shall be a minimum floor liv- not to exceed two (2) feet upon re-
ing area of one thousand (1,000) square quest of the Planning Department.
feet for each family dwelling unit in (3) The gross land area of the de-
an R-1 or R-2 District, and there shall velopment, the present zoning classi-
be a minimum floor living area of six fication thereof, and the zoning
hundred (600) square feet for each classification and land use of the
family dwelling unit in an R-3 or RA area surrounding the proposed de-
District. Garage space shall not be in-
velopment, including the location of
eluded in measuring this requirement, structures and other improvements.
SECTION 9108.10. Maximum Building (4) A general development plan
Heights. with at least the following details
The maximum building heights shall shown to scale and dimensioned:
be designated in the Use Permit but a. Location of each existing and
shall in no event exceed those building each proposed structure in the de-
heights prescribed in the district or velopment area, the use or uses
districts in which such development to be contained therein, the num-
is to be located. ber of stories, gross building and
SECTION 9108.11. Yards and Open floor areas, approximate location
Spaces. of entrances and loading points
The front and rear yards and open thereof.
spaces between buildings shall be des- b. All streets, curb cuts, driving
ignated in the Use Permit. lanes, parking areas, loading areas,
SECTION 9108.12. Off-Street Park- public transportation points, and
ing. illumination facilities for the same.
The off-street parking requirements c. All pedestrian walks, malls
for each such development shall be as and open areas for the use of oc-
follows: cupants and members of the public.
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