HomeMy WebLinkAbout525 - Land Use Districting PlanNewport Beach Zoning Ordinance
ORDINANDCE NO. 525
OF THE CITY COUNCIL
OF THE
CITY OF NEWPORT BEACH, CALIFORNIA
•
The City of Newport Beach, by and through its City Council,
does ordain as follows:
Section 1. An official land -use districting plan for the City of
Newport Beach is hereby adopted and established to serve the public
health, safety and general welfare and to provide the economic and
social advantages resulting from an orderly, planned use of land
resources.
Section 2. DEFINITIONS.
For purpose of this ordinance certain words and terms are de-
fined, as follows:
Words used in the present tense include the future, words in the
singular number include the plural, and words in the plural number
include the singular; and the word - "shall" is mandatory. The term
"City Council" means the City Council of the City of Newport
Beach, and the term "Planning Commission' mean the Planning
Commission of the City of Newport Beach. The word "City" when
used means the City of Newport Beach, a municipal corporation.
"Alley ": Any public thoroughfare for the use of pedestrians or
vehicles, not less than nine (9) feet nor more than twenty -four (24)
feet in width, which has been deeded or dedicated to the City and "
shown as such on the official city maps of the City Engineer.
"Accessory": A building, a part of building or structure• or use
which is subordinate to, and the use of which is incidental. to that
of the main building, structure or use on the same lot.
"Automobile Court" or "Trailer Camp ":
(1) A group of two or more detached or semi - detached build-
ings containing guest rooms and /or apartments with automobile
storage space or parking place provided in, connection therewith; '
(2) Land used or intended to be used for camping purposes by
automobile transients.
•
"Basement ": A story partly underground and having one -half
('Fi) or more of its height, measured from its floor to its finished
ceiling, below the average adjoining grade. A basement shall be
counted as a story if the vertical, distance from the average ad-
joining grade to its ceiling is over five (5) feet.
"Apartment ": A room or a suite of two or more rooms in a
tenement or apartment house, occupied or suitable for occupance
as a residence for one family.
"Apartment House ": Any building, or portion thereof, which is
designed, intended, built, rented, .leased, let or hired' out to be oc-
cupied, or which is occupied as the home or residence of three or
more families living independently of each other in such building.
"Building ": A permanently located structure having a .roof (all
forms of vehicles excluded).
"Building Height ": The vertical distance measured from the
average level of the highest and lowest point of that portion of the
site covered by the building to the ceiling of the uppermost story.
"Building- site ": The ground area of a building or group of
buildings together with all open spaces as required by this ordinance.'
"Bungalow Court ": A group of three or more detached one - story,
one or two - family dwellings located upon a single lot together
with all open spaces as required by this ordinance.
"Business or Commerce ": The purchase, sale or other trans-
action involving the handling or disposition of any article, substance
or commodity for profit or livelihood, or the ownership or manage-
ment of office buildings, offices, recreational or amusement enter-
prises or the maintenance and use of offices by professions and
trades rendering services.
"Club ": An association of persons for some common non - profit
purpose but not including groups organized primarily to render a
service which is customarily carried on as a business.
"Dwelling, (one - family) ": A building containing only one kitchen,
designed for or used to house not more than one family, including
all necessary employees of such family.
"Dwelling, (two-family) ": A building containing not more than
two kitchens, designed and /or used to house not more than two
families, living independently of each other, including all necessary
employees of each such family.
"Dwelling, (group) ": A combination or arrangement of dwell-
ings, whether detached or not, on one (1) building site.
"Dwelling, (multiple - family) ": A building or buildings other than
a hotel, designed for or used to house more than two families,
living independently of each other, including all necessary employees
of each such family.
"Family"; One person living alone or two or more persons
living together.
"Garage, (private) ": An accessory building or an accessory por-
tion of the main building, designed or used only for the shelter
or storage of vehicles owned or operated by the occupants of the
main building.
"Home Occupation ": Any vocation, trade or profession car -
ried on within a, dwelling by the inhabitants thereof, where only
electric power, not in excess of an aggregate of one (1) horsepower,
• is used, no merchandise or other articles are displayed for ad-
vertising purposes and no assistants are employed except as per-
mitted in certain districts.
"Hotel"; Any building or portion thereof containing six (6)
or more guest rooms used or intended or designed to be used, let
or hired out to be occupied or which are occupied by six (6) or more
guests, whether the compensation for hire be paid directly or in-
directly in money, goods, wares, merchandise, labor or otherwise
and shall include hotels, lodging and rooming houses, dormitories,
turkish baths, bachelor hotels, studio hotels, public and private
clubs, and any such building of any nature whatsoever so oc-
cupied, designed or intended to be occupied except jails, hospitals,
asylums, sanitariums, orphanages, prisons, detention homes, and all
similar buildings where human beings are housed, and detained
under legal restraint.
"Kitchen ": Any room used or intended or designed to be used
for cooking and /or the preparation of food.
"Lot".
(1) A parcel of real property as shown as a delineated parcel
of land with a separate and distinct number of other ,designation
on a plat recorded in the office of the County Recorder of Orange
County; or
(2) A parcel of real property not so delineated and containing
less than 6,000 square feet and abutting at least one public street
or alley, and held under separate ownership from adjacent prop-
erty prior to the effective date of Ordinance No. 440 of the City of
Newport Beach; or
(3) A parcel of real property containing not less than 6,000
square feet abutting at least one public street or alley, if the
same was a portion of a larger piece of real property held under
the same ownership prior to the said effective date of said Ordin-
ance No. 440; or
• (4) A lot as hereinabove described under (1) of this definition,
plus all or a portion of an adjacent lot as so defined under one
ownership; or
(5) Portions of such adjacent lots under one ownership con-
taining a total of not less than 6,000 square feet.
"Lot, (corner) ": A lot located at the junction of two or more
intersecting streets, with a boundary line .thereof bordering on
each of the two streets and having a width not greater than eighty
(80) feet. -
"Lot, (interior) ": A lot which is not a •corner lot is aninterior
lot.
"Lot, (through) ": A corner or inside lot, having frontage on
two parallel or approximately parallel streets, or two streets the
center lines of which if projected would not make an angle of more
than thirty (30) degrees.
"Key Lot": The first lot to the rear of a corner lot, the
front line of such key lot fronting upon the side street for such
corner lot.
"Lot Area ": For the purpose of this ordinance shall mean the
total horizontal area included within lot lines and shall include
one -half M) of the width of any alley, or portions thereof, abutting
any such lot line.
"Lot Depth ": The average horizontal distance from the front
lot line to the rear line measured in the mean direction of the
side lot lines
"Lot Width ": The average horizontal distance between the
side lot lines measured parallel to the front lot line.
"Lot Lines": The established division lines between parcels
of property, public or private.
"Lot Lines (front) ": The line separating the lot from the
street in the case of an inside lot, and the line separating the
narrowest street frontage of the lot from the street in the case
• of a corner lot, and in the case of through lots, the lines separating
the lot from the streets shall be considered as front lot lines.
"Lot Lines (rear) ": That lot boundary line which is opposite
and most distant from and not coterminous with the front lot line.
"Lot Lines (side) ": Any lot boundary line not a front lot line
or a rear lot line.
"Non- conforming Building, Improvements or Uses ": Building,
improvements or uses which lawfully existed on any lot or premises
prior to the effective date of any regulation, classification or re-
striction under this ordinance, or any amendment thereof, but which
at such effective date did not comply with the regulations of this
ordinance, and which thereafter uninterruptedly continue to exist
and which do not comply with the provisions of this ordinance for
the district within which such buildings, improvements or uses
are located.
"Side Street ": The street bounding a corner lot and which
extends in the same general direction as the line determining the
depth of the lot.
"Story ": Any portion of a building included between the finished
ceiling next above it or the finished undersurface of the roof di-
rectly over that particular floor.
• "Street ": The land dedicated in any manner to or condemned
for use as a public highway, or established and shown as such on
the official map of the City Engineer and shall include every
public boulevard, avenue, place, drive, court, lane or other thorough-
fare dedicated to public or private travel, but shall not include
an alley as defined herein.
"Street Line "; The boundary line between street and abutting
property.
"Structure ": Anything constructed or erected and the use
of which is permanently located or requires permanent location on
the ground or attachment to something having a permanent loca-
tion on the ground, but not including walls and fences six (6)
feet or less in height and other improvements of a minor character.
"Structural Alterations ": Any change �in the supporting mem-
bers of a building such as bearing walls, columns, beams, or girders
and floor joists or roof joists, girders, or rafters, or changes in
roof or exterior lines.
"Use ": The purpose for which premises or a building thereon
is designed, arranged or intended, or for which it is or in the
future may be actually occupied or maintained. ,
"Yard ': An unoccupied space on a lot or buildingsite on which
a building is situated, and except . where otherwise provided in
this ordinance, open and unobstructed from the ground • to the
sky. Rear and side yards do not apply to accessory buildings.
"Yard, (front) "; A yard extending across the front of the
lot between the inner side yard lines, and the depth of said yard
shall be measured between the front lot line and either: (a) the
nearest line of the main building: (b) the nearest line of an en'
closed or covered porch. ,
"Yard, (rear) ": A yard extending across the full width of the
lot and measured between the rear line of the lot and rear line
of the main building nearest said rear line of the lot. .
• "Yard, (side) ": A yard on each side of the building, between
the building and the side line of the lot and extending from the
street line of the lot to the rear yard.
Section S. ESTABLISHING DISTRICTS AND LIMITING THE
USES OF LAND THEREIN.
In order to classify, regulate, restrict and segregate the use
of land and buildings, to regulate and restrict the height and bulk
of buildings and to regulate the area of yards and other open
spaces about buildings, six (6) classes of districts beginning with
the most restricted classification and progressing to the less re-
stricted classifications are established.to be known as follows:
R.1 Residence District; '(for convenience
called Single - family).
R -2 Residence District; (for convenience
called Two- family).
R -3 Residence District; (for convenience
call Multiple - family).
C -1 Commercial District; (for convenience '
called Neighborhood Commercial).
C -2 Commercial District; (for convenience
called General Commercial).
M -1 Manufacturing District; (for conven-
ience called Industrial).
which said several districts are hereby established, and which said
classifications and districts are shown and delineated• and designated
at. R -1, R -2, R -3, C -1, C -2 and M -1 respectively on those certain
maps numbered Sections 1 to 19 inclusive of Districting Map of the
City of Newport Beach, consisting of 20 sheets; which said maps
are attached hereto and hereby adopted and made a part hereof,
and all notations, references and other information shown thereon
shall be as much a part of this ordinance as if all matters and in-
formation set forth by each Section of the Districting Map were
fully described herein.
Changes in the boundaries of any such district may and shall
be made by ordinance referring only to the Section or Sections of
the Districting Map affected by such changes. Any territory an-
nexed to the City of Newport Beach shall be in an R -1 Residence
District until this ordinance is amended to provide otherwise.
Where uncertainty exists as to the boundaries of any district
shown on said Sections of the Districting Map, the following rules
shall apply:
(a) Where such boundaries are indicated as approximately fol-
lowing street and alley lines or lot lines, such lines shall be con-
strued to be such boundaries;
W In the case of unsubdivided property and where a district
boundary divides a lot, the locations of such boundaries, unless the
same are indicated by dimensions, shall be determined by use of
the scale appearing on such Section of the Districting Map;
(c) where a public street or alley is officially vacated or aban-
doned, the regulations applicable to abutting property shall apply
to such vacated or abandoned street or alley.
The boundaries of such districts as are shown upon the Sec-
tion of the Districting Map adopted by this ordinance are hereby
• adopted and approved, and the regulations of this ordinance gov-
erning the use of land and buildings, the height of buildings, the
sizes of yards about buildings and other matters as herein set forth
are hereby established and declared to be in effect upon all land
included within the boundaries of each and every district shown
upon the said Sections of the Districting Map.
Except as hereinafter provided:
1. No building shall be erected and no existing building shall
be moved into, reconstructed, structurally altered, added to or
enlarged, nor shall any land, building, or premises be used, designed
or intended to be used, for any purpose other than a use listed in
Sections 4, 5, 6, 7, 8 and 9 of this ordinance, or amendments hereto,
as permitted in the district in which such land, building or prem-
ises is located. -
2. No building shall be erected, nor shall any existing building be _
moved, reconstructed, added to, enlarged or structurally altered to
exceed in height the limit established by Sections 4, 5, 6, 7, 8 and
9 of this ordinance or amendments hereto for the district in which
such building is located.
3. No building shall be erected, nor shall any existing building
be moved, structurally altered, added to, enlarged, reconstructed
or rebuilt, nor shall any open spaces surrounding any building be
encroached upon or reduced, in any manner except in conformity
with the building -site requirements and the area and yard regula-
tions established by Sections 4, 5, 6, 7, 8 and 9 of this ordinance or -
amendments hereto, for the district in which such building is lo-
cated.
4. No yard or other open space provided about any building
for the purpose of complying with the regulations of. this ordinance, -
or amendments hereto, shall be considered as providing,'a yard or
open space for any other building or structure.
Section 4. R -1 RESIDENCE DISTRICT: (for convenience
• called single - family). -
(a) Uses Permitted.
1. One - family dwellings of a permanent character placed
in permanent locations, together with accessory buildings. There
shall be provided on each building -site, garage space or automobile
parking space for a least one automobile;
2. Farming, including all types of agriculture and hor-
ticulture except the following: (a) commercial dairies, (b) com-
mercial kennels and rabbit -, fox -, ,goat- and other animal - raising
farms, (c) egg - producing ranches and farms devoted to the hatch-
ing, raising, fattening and /or butchering of chickens, turkeys and
other poultry on a commercial scale, (d) hog- and other live-stock -
feeding ranches and (e) ranches operated publicly or privately for
the disposal of garbage, sewage, rubbish or offal;
3. Flower and vegetable gardening;
4. Nurseries and greenhouses used only for purposes of
propagation and culture and not for retail sales;
5.. Public parks, golf, swimming, tennis, polo and coun-
try clubs; and similar recreational uses, but not including (a) yacht
clubs, unless one of the front, back or side boundaries of the prop-
erty on which said yacht club shall be established shall extend to
the high tide line of Newport Bay or of the Pacific Ocean; (b) any
sport, athletic, recreational, or amusement enterprise operated as a
business or for commercial purposes;
6. Home occupations, offices and studios, provided no
advertising sign, merchandise, products or other material or equip-
ment is displayed for advertising purposes;
7. Accessory buildings, uses and special uses as pro-
vided in Section 10;
8. One (1) unlighted sign not exceeding six (6) square
feet in area pertaining only to the sale, lease or hire of only the
particular building, property or premises upon which displayed. No
• other advertising signs, structures or devices of any character shall
be permitted in any R -1 (Single - family) Residence District;
9. Fences and hedges not over six (6) feet in height but
not exceeding four (4) feet in height, where such fence or hedge is
nearer the front lot line than the depth of required front yard;
10. The following additional uses, subject to the issu-
ance of conditional permits therefor as prescribed in Section 11:
(a)Public Utility Building;
(b) Churches, museums and libraries;
(c) Schools, colleges, public playgrounds and ath-
letic field;
(d) Real Estate offices, (temporary).
(b) Building Height
Two (2) stories and not to exceed thirty -five (35) feet
except as provided in Sections 10 and 11.
(c) Building -site Area Required,
Except as provided in Section 10 and 11 the minimum
building -site area for each one - family dwelling in any subdivision
of land with an elevation not greater than twenty (20) feet above
U. S. Coast & Geodetic Survey Datum at Newport Bay hereafter
made, shall be four thousand (4,000) square feet, and in any sub-
division of land with an elevation greater than twenty (20) feet above
U. S. Coast & Geodetic Survey Datum at Newport Bay hereafter to
be made, shall be six thousand (6,000) square feet, provided these
minimum limits shall not apply to lots of less area if shown of rec-
ord in the office of the County Recorder before the effective date of
this ordinance, or if under separate ownership before such effective ,
date. Not more than one (1) one - family dwelling shall be permitted
upon any one (1) lot.
(d) Front Yard Required.
Except as provided in Section 10 and 11, no building
shall be erected closer to the front property line than the distance
shown upon the Districting Map, provided, when no distance is
shown, no building shall be erected closer than ten (10) feet from'
the front lot line. Distances shown on Diitriting Maps for front
yard depth are to be measured from the front lot line.
(e) Side Yard Required..
Except as provided in Sections 10 and 11, each side
yard shall be not less than three (3) feet wide on lots forty (40) feet
wide or less, or four (4) feet on lots wider than forty (40) feet.
(f) Rear Yard Required.
Except as provided in Section 10 and 11, the depth ,
of the rear yard shall be not less than twenty (20) feet.
Section 5. R -2 RESIDENCE DISTRICT: (for convenience. called
Two - family).
(a) Uses Permitted.
1. All uses permitted in the R-1 District (Section 4)
but under the same restrictions, conditions and limitations as speci-
fied in Section 4;
2. Two- family dwellings only as provided in paragraph"
(c) of this section;
3. Schools, churches, public playgrounds;
4. One (1) unlighted sign not exceeding six (6) square
•
feet in area pertaining only to the sale, lease or hire of only the
particular building, property or premises upon which displayed. No
other advertising signs, structures or devices of any character shall
be permitted in any R-2 (Two - family) Residence District;
5. Subterranean drilling, slant drilling or whipstocking
for oil, gas, tar, petroleum or other hydro-carbon substances in and
under that certain area in the City of Newport Beach, described
as follows:
That certain area lying northwesterly of the south-
easterly line of 53rd Street in said city, and the northeasterly and
the southwesterly prolongation of said southeasterly 'line of 53rd
Street, as said 53rd Street is laid out and shown upon a map of Ocean
Front Tract, recorded in Book 4, page 12 of Miscellaneous Maps,
Records of Orange County. California, and a ihap`of River Section,
recorded in Book 4, page 25 of Miscellaneous Maps, records of said
County,
shall be permitted, provided that the actual drill-
ing surface sites and the derricks and oil drilling equipment shall
be located outside of the corporate limits of the City of Newport
Beach, and that all such whipstocking, slant drilling, or subter-
ranean drilling shall be at a vertical depth of at least 400 feet
below the ground surface within the area mentioned and described
herein.
6. There shall be provided on each building -site, ga-
rage space or automobile parking space for at least one automobile
for each family unit or apartment contained ort such site..,
(b) Building Height Limit.
Two (2) stories and not to exceed thirty -five (35) feet,
except as provided in Sections 10 and 11.
(c) Building -site Area Required.
Except as provided in Sections 10 and 11, the minimum
building-site area for each two - family dwelling in any subdivision
•
of land with an elevation not greater than twenty (20) feet above
U. S. Coast & Geodetic Survey Datum at Newport Bay hereafter
made, shall be four thousand (4,000) square feet, and in any subdi-
vision of land with an elevation greater than twenty (20) feet above
U. S. Coast & Geodetic Survey Datum at Newport Bay hereafter
made, shall be six thousand (6,000) square feet, provided these
minimum limits shall not apply to lots of less area if shown of rec-
ord in the office of the County Recorder before the effective date
of this ordinance, and provided that on such lot an additional family
or housekeeping unit may be added to such building for each one
.
thousand five hundred (1,500) square feet of area of the same lot
in excess of said minimum limits specified herein. One or two-
family dwellings will not be permitted in any case where the build-
ing site provides less than one thousand (1,000) square feet land
area per family or housekeeping unit.
(d) Front Yard Required.
Except as provided in Section 10 and 11, no building
shall be erected closer to the front property line than the distance
shown upon the district map, provided, when no distance is shown,
no building shall be erected closer than ten (10) feet from the
front lot line.
• (e) Side Yard Required.
Except as provided in Sections 10 and 11, each side
yard shall be not less than three (3) feet wide on lots forty (40)
feet wide or less, or four (4) feet on lots wider than forty (40) feet.
(f) Rear Yard Required.
Except as provided in Sections 10 and 11, no build-
ing shall be erected closer than ten (10) feet to the rear property line
of the building -site.
(g) Distance Between Buildings on Same Lot.
No dwelling or other main building shall be closer than
ten (10) feet to any other dwelling or main building on the same
building -site, and no detached accessory building shall be closer than
five (5) feet to any main building except as provided in Sections
10 and 11.
Section 6. R -3 RESIDENCE DISTRICT: (for convenience called
Multiple- familv).
(a) IIses permitted. "
1. All uses permitted in R -1 and R -2' Districts (Sec-
tions 4 and 5), but under same restrictions, conditions and'limita-
tions as specified in Sections governing same; _
2. Apartment houses, bungalow courts, dwelling groups,
and multiple-family dwellings; "
3. Boarding and lodging houses;
4. Lodges, fraternities and sororities; _
5. Eleemosynary institutions; .
6. The following uses,.subject to the issuance of condi-
tional permits therefor as provided in Section 11:
(a) Apartment hotels; -
(b) Storage garages;
7. There shall be provided 'on each building -site, garage
• space or automobile parking space for at ,least one automobile for
each family unit or apartment contained on such site, provided, that
garage and parking space capacity for hotels and hospitals need not
exceed one-third (1 -3) the number of guest rooms;
8. Signs not exceeding twelve (12) square feet in area,
including lighted signs, pertaining to nature and name of use of
premises only.
(b) Building Height Limit. "
Two (2) stories and not to exceed thirty -five (35) feet,
except w provided in Sections 10 and 11. "
(c) Building -site Area Required.
Except in the case of existing recorded lots having. a
smaller area as provided in Sections '10 and 11, the minimum. build-
ing -site area shall be four thousand (4,000) square feet, and in no
case shall any building or buildings be permitted which provide
less than six hundred (600) square feet of land area per family or
housekeeping unit.
(d) Front Yard Required.
Except as provided, in Sections 10 and. 11, no build-
ing shall be erected closer to the front property line than the dis-
tance shown upon the district map, provided, when no distance
is shown, no building shall be erected closer than ten (10) feet from
the front lot line.
(e) Side Yard Required.
Except as provided in Section 10 and 11, each side
yard shall be not less than three (3) feet wide on lots forty (40)
feet wide or less, or four (4) feet on lots wider than forty (40) feet.
(f) Rear Yard Required.
Except as provided in Sections 10 and 11, no building
shall be erected closer than ten (10) feet to the rear property line
of the building -site.
(g) Distance Between Buildings on Same Lot.
• No dwelling or other main building shall be closer
than ten (10) feet to any other dwelling or main building on the
some building -site, and no detached accessory building shall be closer
than five (5) feet to any main building, except as provided in Sec-
tions 10 and 11.
Section 7. C -1 COMMERCIAL DISTRICT: (for convenience
called Neighborhood Commercial).
(a) Uses Permitted.
1. All uses permitted in the R -1, R -2 and R -3 Dis-
tricts, (Sections 4, 5 and 6), but under same restrictions and limita-
tions as specified in Sections governing same.
2. The following retail stores, trades and services, to-
gether with advertising signs:
Automobile or boat display rooms
Automobile and/or marine service station, provided
no gasoline or Class "A" petroleum products in
excess of a total of five thousand (5,000) gal-
lons and five thousand (5,000) gallons of other
petroleum products per 2,500 square feet of lot
area are stored, and provided further that no more
•
than a total of ten thousand (10,000) gallons
of each of the above classes of petroleum prod-
ucts per block shall be stored upon property
fronting upon or located within 100 feet of the
waters of Newport Bay '
Bakery, limited to retail sales on same premises
Bank
Barber Shop
Battery Charging and repair
Beauty Parlor
Boat Sales & Rentals
Cafe- Cafeteria
. Cigar- Tobacco stand
Cleaning and Dyeing office (sponging and press-
ing only) '
Confection Store (no manufacturing)
Dairy (no bottling)'
Delicatessen
Dining Room (public) .
Dressmaking Shop (no factory)
Drug Store
Embroidery Shop -
Fire Station
Flower Shop
Fruit Store
Grocery Store '
Hair Dressing Parlor
Hardware Store
Health Food Store '
Hemstitching Store
Hospitals -
Household Utensils or Goods
Ice Cream Parlor '
Laundry Agency '
•
Library, Rental
Lunch Room
Magazines, Periodicals, News
Manicure Parlor
Meat Market '
News Stand
Notions, Sales
Police Station
Poultry, dressed
Professional Offices
Real Estate Offices
Refreshment Stand
Service Station (see automobile service station)
Shoe Shining Stand
Soda Fountain
Soft Drink Fountain
Sponging and Pressing (no dry cleaning of laun-
dering)
Studios, Theaters
Tea Rooms
Vegetable Store
3. Any other retail business or retail commercial en-
terprise which is similar in its character of rendering neighborhood
commercial service and is not more detrimental to the welfare
of the neighborhood in which located, than any use listed above,
but not including the following:
Amusement Resorts
Automobile Laundries '
Automobile -race tracks and motordromes
Automobile- wrecking yards
Bakeries
Beverage Bottling
Boat - Building and Repair Shops
Bowling Alleys
•
Cleaning and Dyeing Plants
Fender and Body- repair Shops
Junk Yards
Laundries
Lumber Yards
Marine Railways or Dry -Docks '
Milk- Bottling and /or Distributing
Roller - skating Rink
Salvage Yards
Sheet -metal Shops
Shooting Galleries
Storage Yard or Warehouse
Undertaking or Mortuary Parlor
Veterinary Hospitals
Automobile Courts or trailer camps, except when
located upon property abutting upon the State
Highway or within 300 feet thereof, provided,
however, that plans for all buildings shall be
submitted to and approved by the Planning Com-
mission of the City of Newport Beach, before a
• permit shall be issued.
(b) Building Height Limit.
Two (2) stories and not to exceed thirty -five (35)
feet except as provided in Sections 10 and 11.
(c) Building -site Area Required.
None, except as provided in Sections 10 and 11.
(d) Front Yard Required.
None, except as provided in Sections 10 and 11.
(e) Side Yards Required.
None, except as provided in Sections 10 and 11.
(f) Rear Yard Required.
Except as provided in Sections 10 and 11, depth of
the rear yard shall not be less than ten (10) feet.
Section 8. C -2 COMMERCIAL DISTRICT: (for convenience
called General Commercial).
(a) Uses Permitted.
1. All uses permitted in the R -1, R -2, R -3 and C -1
Districts (Sections 4, 5, 6, and 7), but under same limitations and
restrictions as specified in Sections governing same.
2. Any business of a retail, service or wholesale type
and any light manufacturing using only electric power. not in.ex-
cess of an aggregate of fifteen (15) horsepower, nor more than two
(2) horsepower in any one unit, but not including the following uses:
Automobile Wrecking
Beverage Manufacturing or Bottling
Carpet - cleaning Plants
Cleaning and Dyeing Plants
Fender and Body Repair Shops
Ice and Cold- storage Plants
Junk Yards
Laundries
• Lumber Yards
Milk- bottling plants
Salvage Yards
Sheet -metal Shops
Shooting Galleries
Storage of gasoline or Class "A" petroleum prod-
ucts in excess of a total of five thousand (5,000)
gallons and five thousand (5.000) gallons of other
petroleum products per 2,000 square feet of lot
area are stored, and provided further that not
more than a total of ten thousand (10,000) gal-
lons of each of the above classes of petroleum
products per block shall be stored upon prop-
erty fronting upon or located within 100 feet
of the waters of Newport Bay. .
Wholesale Fish Markets.
(b) Building Height Limit.
Except as provided in Sections 10 and 11, the max-
imum building height shall not exceed the width of the widest street
upon which the building faces, except, however, that towers or
portions of any building may exceed the above maximum height
limit provided the total cubage of the building does not exceed
that of a structure occupying the entire building -side and of that
maximum allowance height.
(c) Building -site Area Required.
None, except as provided in Sections 10 & 11.
(d) Side Yards Required.
None, except as provided in Sections 10 & 11.
(e) Rear Yard Required.
None, except as provided in Sections 10 & 11.
Section 9. M -1 MANUFACTURING DISTRICT: (for conven-
• ience called Industrial).
(a) Uses Permitted.
1. All uses permitted in R -1, R -2, R -3, C -1 and C -2
Districts (Sections 4, 5, 6, 7 and 8) but under the same limitations
and restrictions as specified in Sections governing same.
2. Any use other than the following which are ex-
pressly prohibited.
Abattoirs
Asphalt- mixing, - refining and -storage plants
Bag Manufacturing and Cleaning
Blast Furnace
Boiler Works
L
•
E
Breweries
Coke Ovens
Cooperage Works
Cordage Mills
Crude oil handing and/or trans - shipping
Distillation of coal, wood or bones
Distillation of liquor or spirits
Fat Rendering
Fertilizer Works
Fish Curing and Grinding
Fish Canneries and /or reduction plants
Foundries
Fur or hide curing and tanning
Incinerator, commercial
Junk Yards
Manufacturing of:
Acids
Aluminum
Ammonia
Ammunition
Aniline Dye
Asbestos products
Asphalt
Bleaching powder
Bricks
Cans
Caouthchouc products
Carborundum products
Casein products
Celluloid
Cement
Chalk
Charcoal
Cheese
Chemicals
Cottonseed Oil
Distinfectants
Felt
Fertilizer
Fireworks
Graphite
Grease and Tallow
Gunpowder
Gutta - percha '
Gypsum
Elides
Kalsomine
Lampblack
Lard
Lime
Linseed Oil
Malt products
Matches
Oilcloth
Oleomargarine
Ordnance
Oxygen gas .
Paint and Lacquer
Paper and Paper Plup
Pickles
Plaster of Paris
Potash
Printing Ink
Pumice
Rope
Rubber
Salt
Sauerkraut
Sausage
Shellac and Varnish
Shoddy
Size and Glue
Snuff
Soap
Soda and Washing Compound
Soda Ash
Stove Polish
Tar
Tar Paper
Tar Products
Tires
Turpentine
Vinegar
Waste -paper products
White Lead
Wood Plup
Yeast
Zinc products
Oil Drilling
(10) feet.
2. Any lot shown upon an official subdivision map
duly approved by the City Council of the City of Newport Beach
and recorded, or any lot for which a deed is of record in the office
of the County Recorder of Orange County or any lot for which
Oil Refining
Refuse Incineration and Reduction
Rock Crushing
Rolling Mills
Shell Grinding
Smelters
Stockyards
Tanneries
Terra Cotta
•
Tile
Wool Scouring and Pulling
(b) Building Height Limit.
Except as provided in Section 10 and 11, the max-
imum building height shall not exceed the width of the widest street
upon which the building faces, except, however, that towers or por-
tions of any building may exceed the above maximum height limit
provided the total cubage of the building does not exceed that of
a structure occuping the entire building -site and of that maximum
allowance height.
(c) Building -site Area Required.
None, except as provided in Sections 10 & 11.
(d) Front Yard Required.
None, except as provided in Sections 10 & 11.
(e) Side Yards Required.
None, except as provided in Sections 10 & 11.
(f) Rear Yard Required.
None, except as provided in Sections 10 & 11.
Section 10. GENERAL PROVISIONS AND EXCEPTIONS.
The foregoing regulations shall be subject to the following ex-
ceptions:
(a) Uses.
The following accesory uses, in addition to those here -
inbefore mentioned, shall be permitted in any district, provided
that such accessory uses do not alter the character of the prem-
ises in respect to their use for the purpose permitted in such re-
spective districts:
1. The renting of rooms and/or the providing of table
board for not to exceed five (5) paying guests in a dwelling as an
accessory use to that of its occupancy as a dwelling of the char-
acter permitted in the respective districts;
2. The operation of necessary facilities and equipment
in connection with schools, colleges, universities,, . hospitals and
•
other institutions permitted in the respective districts;
3. Recreation, refreshment and service buildings in pub-
lic parks, playgrounds and golf courses;
4. Real- estate offices of a temporary character when
built according to plans and in location approved by the Planning
Commission.
(b) Height.
1. Towers, gables, spires, penthouses, scenery lofts,
cupolas, water tanks, silos, covering not more than 10% of the
ground area of buildings, at base thereof, artificial windbreaks, wind
mills and similar structures and necessary mechanical appurten-
ances may be built and used to a greater height than the limit
established for the district in which such structures are located,
provided, however, that no structure in excess' of the allowable
building height shall be used for sleeping or eating quarters, or for
any commercial purpose other than such as may be incidental to
the permitted uses of the main building.
2. Where the average slope of a lot is greater than
one (1) foot rise or tall in seven (7) feet of distance from the
established street elevation of the property line, an additional story
will be permitted on the downhill side of any building.
(c) Area Exceptions.
1. In any R -1 (Single - Family) Residence District or
R -2 (Two- Family) Residence District, any lot having an area less
than four thousand (4,000) square feet of record or for which a
valid contract of sale is in force at the time of passage of this
ordinance or which is shown upon any subdivision map approved
for record by the City Council may be used as a building -site for one
single - family dwelling and two- family dwelling respectively, and
will be subject to only the following yard regulations:
•
(a) Except as provided herein the minimum front
yard depth shall be shown upon the Districting Map, provided, when
no distance is shown, no building shall be erected closer than ten
(10) feet from the front lot line;
(b) The minimum side yard width shall be three
(3) feet;
(c) The minimum rear yard depth shall be ten
(10) feet.
2. Any lot shown upon an official subdivision map
duly approved by the City Council of the City of Newport Beach
and recorded, or any lot for which a deed is of record in the office
of the County Recorder of Orange County or any lot for which
a recorded contract of sale is in full force and effect at the time
this ordinance becomes effective, may be used as a building -site.
3. Where the front yard line shown upon the map
or provided in this ordinance is twenty (20) feet or less the front
yard requirements on a key lot shall be one -half (%) of the depth
so provided or shown upon said map; where the front yard line so
provided or shown upon the map is more than twenty (20) feet,
the front yard depth on a key lot shall be one -third (1 -3) of the
depth so provided or shown upon said map and the front yard
• depth on the inside lot adjoining the key lot shall be two - thirds
(sfs) of the depth so provided or shown upon said map.
For the purpose of this paragraph, a lot classified
as R -1, R-2 or R -3, when next adjoining property classified as C -1,
C -2 or M -1, shall be considered as a key lot.
4. Front yard regulations, as established by this or-
dinance, shall not be effective on any street or block where a
building set -back line has been established by deed restrictions,
provided such regulations are of record and in force at the time
this Ordinance becomes effective, and provided such regulations are
applicable to 100% of the lots in any such block.
5. In computing the depth of a rear yard from any
building where such yard opens upon an alley, one -half (%) of the
width of such alley may be deemed to be a portion of the rear yard.
6. No detached accessody building may exceed two
stories in height, nor may it occupy more than two- thirds (4) of
the area of a rear yard, and no portion of � the first story thereof
shall be closer than ten (10) feet to the centerline of an alley, ,
and no portion of the second story , shall be closer than seven and
one -half (7%) feet to the centerline of an alley. •
7. Where an accessory building is attached to and
made a part of the main building,, at least thirty (30) percent in
the length of one of the walls of such accessory building shall be
an integral part of the main building and such accessory building
shall comply in all respects with the requirements of this ordin-
ance applicable to a main building. An accessory building, unless
attached to and made a part of the main building, as above pro-
vided for, shall be not closer than five (5) feet to the main
building.
8. Detached or attached accessory buildings in Dis-
tricts R -1, R -2, and R -3, may conform to the following regulations
as to their locations upon the lot:
• (a) Where the slope of the front half of the lot
is greater than one (1) foot rise or fall in a four (4) foot run from
the established street elevation at the property line;
(b) Or, where the elevation of a lot ten (10) feet
from the front property line is six (6) feet or more, above or be-
low the established street grade, at the property line, a private .
garage not more roan one story above. the street grade may be
built to the street and side lines.
9. In the case of a corner lot abutting upon two (2)
streets, no accessory building shall be erected, altered or moved so
as to encroach upon the front half ('/z), of such lot, or closer than ,
the front yard requirements of the adjacent key lot.
10. Cornices, canopies, eaves or any other architectural
features may extend into the front yard for a distance of not to ex-
ceed two (2) feet, six (6) inches.'
A land place or uncovered porch may extend into
the front yard to a distance of six (6) feet across one -half (1/z)
the width of the lot, measured from the front line of the building,
provided that such landing place or porch shall have its floor no
higher than the entrance floor of the building. Stairs leading
From the ground to said landing place or porch may project beyond
said six (6) feet. An open work railing no higher than three (3)
feet may be placed around said landing place or porch, but not
around the stairway leading thereto.
11. Porches and terraces, unroofed and unenclosed
above or below floor or steps, shall not project 'More than three
(3) feet into any rear or side yard. Outside stairways unroofed and
unenclosed above or below floor or steps shall not project more
than three (3) feet into any rear yard nor shall said stairways be
closer than ten (10) feet to the center line of any alley. Where
the first story of the main building is ten (10) feet or more from
the center line of an alley, no portion of the second story of a
building shall be closer than seven and one -half (71h) feet from
• the center line of said alley.
Section 11. VARIANCES AND CONDITIONAL PERMITS.
The City Council, after receipt of a report and the recom-
mendation of the Planning Commission in each case, as herein-
after provided, shall have the power to grant adjustments and
variances in the application of provisions of this ordinance and to
authorize the issuance of conditional permits for the following
purposes:
1. To authorize under such conditions as the Planning
Commission may prescribe the issuance of permits for the use
of lots in any subdivision pending the amendment of district boun-
daries within said subdivision in accordance with recommendation
of the Planning Commission, provided the map of such subdivision
has been approved by the Planning Commission and the City Coun-
cil subsequent to the passage of this ordinance and is duly recorded
in the office of the County Recorder of Orange County;
2. To allow reduction of lot area requirements;
3. To allow the extension of a district where the boundary
line thereof divides a lot in one ownership at the time of the
passage of this ordinance;
• 4. To allow specified types of uses and buildings in the
R -1, R -2 and R -3 Districts as provided in the use regulations of
such districts under conditions which will preserve the integrity
and character of the district, the utility and value of adjacent
property and the general welfare of the neighborhood, such condi-
tions being specified as follows:
(a) Public utility buildings and structures, upon con-
dition that plot and exterior building plans be approved by the
Planning Commission;
(b) Cemeteries, mausoleums and crematories, upon
condition that (1) the area of any cemetery be not less than
twenty (20) acres, and (2) that all landscape and architectural
plans be approved by the Planning Commission;
(c) Churches, museums and libraries, upon condition
that the location and plans for the exterior treatment and ground
lay -out thereof be submitted to and approved by the Planning Com-
mission;
•
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• (d) Schools, colleges, public playgrounds and athletic
fields, upon condition that (1) an area adequate in the judgment
of the Planning Commission, be provided to reduce possibility of
injury to adjoining residential properties and (2) building and plot
plans be approved by the Planning Commission;
(e) Real Estate Offices, upon condition that (1) an
agreement to remove same within a specified time be signed by
the company or agent, and (2) building plans be approved by the
Planning Commission;
(f) High - voltage power- transmission lines, upon con-
dition that the location plans be approved by the Planning Com-
mission before the purchase of rights -of -way;
(g) Apartment hotels, upon condition that (1) the area
covered by buildings shall not exceed forty (40) per cent of the
area of the building site, (2) accessory commercial uses shall have
no direct entrances from any street and shall maintian no signs
or advertising displays of any kind visible from the exterior, and
(3) all building and plot plans shall be approved by the Planning
Commission;
(h) Storage garages, upon condition that the loca-
tion and building plans be approved by the Planning Commission.
5. To permit the reconstruction and /or remodeling of a
non - conforming building in accordance with plans and specifica-
tions approved by the Planning Commission where in the judg-
ment of said Commission such reconstruction and /or remodeling
will, in the matter of front, side and rear yards, structural character
and exterior appearance of said building, make said non - conforming
building safer and more healthful and bring it and its subsequent
uses into fairer conformity with its surroundings.
Application for any permissible variance of regulations or
for any conditional permit as provided for herein shall be made to
• the Planning Commission in the form of a written application for
a permit. Said application shall be accompanied by:
(a) Complete plans and description of the property
involved and the proposed use with ground plans and elevations of
all proposed buildings;
(b) Evidence, satisfactory to the Planning Commis-
sion, of the ability and intention of the applicant to proceed with
actual construction work in accordance with said plans within six
(6) months after issuance of permit.
Upon receipt in proper form of any such application,
the Planning Commission shall post said application and all maps,
plans and other accompanying material in its offices for public
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• (d) Schools, colleges, public playgrounds and athletic
fields, upon condition that (1) an area adequate in the judgment
of the Planning Commission, be provided to reduce possibility of
injury to adjoining residential properties and (2) building and plot
plans be approved by the Planning Commission;
(e) Real Estate Offices, upon condition that (1) an
agreement to remove same within a specified time be signed by
the company or agent, and (2) building plans be approved by the
Planning Commission;
(f) High - voltage power- transmission lines, upon con-
dition that the location plans be approved by the Planning Com-
mission before the purchase of rights -of -way;
(g) Apartment hotels, upon condition that (1) the area
covered by buildings shall not exceed forty (40) per cent of the
area of the building site, (2) accessory commercial uses shall have
no direct entrances from any street and shall maintian no signs
or advertising displays of any kind visible from the exterior, and
(3) all building and plot plans shall be approved by the Planning
Commission;
(h) Storage garages, upon condition that the loca-
tion and building plans be approved by the Planning Commission.
5. To permit the reconstruction and /or remodeling of a
non - conforming building in accordance with plans and specifica-
tions approved by the Planning Commission where in the judg-
ment of said Commission such reconstruction and /or remodeling
will, in the matter of front, side and rear yards, structural character
and exterior appearance of said building, make said non - conforming
building safer and more healthful and bring it and its subsequent
uses into fairer conformity with its surroundings.
Application for any permissible variance of regulations or
for any conditional permit as provided for herein shall be made to
• the Planning Commission in the form of a written application for
a permit. Said application shall be accompanied by:
(a) Complete plans and description of the property
involved and the proposed use with ground plans and elevations of
all proposed buildings;
(b) Evidence, satisfactory to the Planning Commis-
sion, of the ability and intention of the applicant to proceed with
actual construction work in accordance with said plans within six
(6) months after issuance of permit.
Upon receipt in proper form of any such application,
the Planning Commission shall post said application and all maps,
plans and other accompanying material in its offices for public
Section 12. NON - CONFORMING USES.
The lawful use of land existing at the time of the passage of
this ordinance, althougfi such use does not conform to the pro-
visions hereof, may be continued, but if such non - conforming use
is discontinued any future use of said land shall be in conformity
with the provisions of this ordinance.
The lawful use of a building existing at the time of the passage
of this ordinance may be continued, although such use does not
conform with the provisions hereof, and such use may be extended
throughout the building provided no structural alterations, ex-
cept those required by law or ordinance, or by reason of public
health, safety or sanitation, or permitted under Section 11 of this
ordinance, are made therein. If no structural alterations are
made, a non - conforming use of a building may be changed to another
non - conforming use of the same or more restricted classification.
If at any time any building in Districts R -1, R -2, R -3, C -1
and C -2, which does not conform to the regulations for the dis-
trict in which it is located shall be destroyed by fire, explosion,
act of God or act of the public enemy, to the extent of more than
the assessed value thereof, according to the assessment thereof
by the Assessor of the city of Newport Beach, for the fiscal year
during which destruction occurs, then and without further action
by the City Council, the said building and the land on which said
building was located or maintained, shall from and after the date
of such destruction, be subject to all regulations specified by this
ordinance for the district in which such land and building are
located.
If at any time any building in District M -1, which does not
conform to the regulations for that district, shall be destroyed by
• fire, explosion, act of God or act of the public enemy, to the
extent of more than 75% of its appraised value at the time of
such damage, as fixed by the General Appraisal Company of Los
Angeles, California, or other equally responsible concern, then
and without further action by the City Council, the said building and
the land on which said building was located or maintained, shall from
and after the date of such destruction be subject to all the regu-
lations specified by this ordinance for the district in which such
land and building are located.
If the question shall arise as to whether or not said building
has been destroyed to the extent of more than 75% of its ap-
praised value, then the matter shall be left to the City Council for
inspection for a period of not less than one (1) week and shall
hold a public hearing thereon, notice of which shall be given by
one (1) publication in a legal newspaper circulating in the par-
ticular section of the city affected by said application. At said
hearing the applicant shall present a statement and adequate evi-
dence, in such form as the Planning Commission may require, show-
ing:
(a) That there are special circumstances or conditions
applicable to the property referred to in the application, which do
not apply to other property in the neighborhood.
•
(b) That strict enforcement of the regulations of this
ordinance would cause unnecessary hardship or practical diffi-
culties, the granting of the application is necessary for the preser-
vation and enjoyment of substantial property rights;
(c) That the granting of such application will not
materially affect the health or safety of persons residing or work-
ing in the neighborhood and will not be materially detrimental to
the public welfare or injurious to property or improvements in the
neighborhood.
If the Planning Commission finds that detriment or
injury to the neighborhood will not result from issuance of a per-
mit as applied for, it may approve said permit and transmit the
same, together with the complete report of its findings and recom-
mendations, to the City Council for approval and endorsement. In
the event the Planning Commission disapproves any such apphea-
tion, no permit shall be issued therefor except upon order of the
City Council passed by a four - fifths (4/5) vote of all members
thereof. In approving any variance or recommending the issu-
ance of any conditional permit under the provisions of this section,
the Planning Commission shall designate such conditions in con-
nection therewith as will, in its opinion, secure substantially the ob-
ject of the regulation or provision to which such variance is
granted or provide adequately for the maintenance of the integrity
and character of the district in which such conditional permit is
granted and shall provide the Building Inspector with a copy of
the same.
Where necessary, the City Council may require guar-
antees, in such form as it may deem proper under the circumstances,
to insure that the conditions designated in connection therewith
are being or will be complied with. The Planning Commission is
authorized to make a uniform charge not to exceed ten dollars
($10.00), payable to the City Clerk, to partially cover the cost of
making maps, sending out notices and other incidental administra-
•
tive expenses involved in any petition for a variance or conditional
permit, said charge being due and payable at the time of filing
the application for permit.
Section 12. NON - CONFORMING USES.
The lawful use of land existing at the time of the passage of
this ordinance, althougfi such use does not conform to the pro-
visions hereof, may be continued, but if such non - conforming use
is discontinued any future use of said land shall be in conformity
with the provisions of this ordinance.
The lawful use of a building existing at the time of the passage
of this ordinance may be continued, although such use does not
conform with the provisions hereof, and such use may be extended
throughout the building provided no structural alterations, ex-
cept those required by law or ordinance, or by reason of public
health, safety or sanitation, or permitted under Section 11 of this
ordinance, are made therein. If no structural alterations are
made, a non - conforming use of a building may be changed to another
non - conforming use of the same or more restricted classification.
If at any time any building in Districts R -1, R -2, R -3, C -1
and C -2, which does not conform to the regulations for the dis-
trict in which it is located shall be destroyed by fire, explosion,
act of God or act of the public enemy, to the extent of more than
the assessed value thereof, according to the assessment thereof
by the Assessor of the city of Newport Beach, for the fiscal year
during which destruction occurs, then and without further action
by the City Council, the said building and the land on which said
building was located or maintained, shall from and after the date
of such destruction, be subject to all regulations specified by this
ordinance for the district in which such land and building are
located.
If at any time any building in District M -1, which does not
conform to the regulations for that district, shall be destroyed by
• fire, explosion, act of God or act of the public enemy, to the
extent of more than 75% of its appraised value at the time of
such damage, as fixed by the General Appraisal Company of Los
Angeles, California, or other equally responsible concern, then
and without further action by the City Council, the said building and
the land on which said building was located or maintained, shall from
and after the date of such destruction be subject to all the regu-
lations specified by this ordinance for the district in which such
land and building are located.
If the question shall arise as to whether or not said building
has been destroyed to the extent of more than 75% of its ap-
praised value, then the matter shall be left to the City Council for
determination and the judgment and determination of the City Coun-
cil shall be final thereon.
The foregoing provisions shall also apply to non - conforming
uses in districts hereafter changed.
In every case in which, under the provisions of any ordinance
of the City of Newport Beach or any statute in effect at the time
this ordinance takes effect, a license or permit is required for the
maintenance of any structure or the establishing, maintaining and/
or conducting of any business use, and any structure or business
use exists as a non - conforming use under the provisions of this
• ordinance, then no such license or permit shall be authorized, is-
sued, renewed, re- issued or extended for said business use unless
and until a use and occupancy permit shall first have been secured
for the continued maintenance of said structure or use.
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Section 13. INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this ordinance,
they shall be held to be the minimum requirements for the pro-
motion of the public safety, health, convenience, comfort, pros-
perity or general welfare. It is not intended by this ordinance to
interfere with or abrogate or annul any easements, covenants or
other agreements between parties, provided, however, that where
this ordinance imposes a greater restriction upon the use of build-
ings or premises or upon height of buildings or requires larger
• space than is imposed or required by other ordinances, rules or
regulations or by easements, covenants or agreements, the pro-
visions of this ordinance shall govern.
Section 14. BUILDING PERMITS
Before commencing any work pertaining to the erection, con-
struction, reconstruction, moving, conversion, alteration or addi-
tion to any building or structure within any district shown upon
the district map of the City of Newport Beach duly adopted and
made a part of this ordinance, a permit for each separate building
and /or structure shall be secured from the Building Inspector of
said City of Newport Beach by the owner or his agent for said
work, and it shall be unlawful to commence said work until and
unless said permit shall have been obtained.
The issuance of a building permit under the authority of this
and /or any other ordinance of the City shall not be deemed or con-
strued to permit or authorize any violation of any of the provisions
of this ordinance or amendments thereto or of any other ordinance
or law.
Section 15. CERTIFICATES OF USE AND OCCUPANCY
No vacant land in any district established under the provisions
of this ordinance shall hereafter be occupied or used except for
agricultural uses other than live -stock farming or dairying, and
no building hereafter erected, structurally altered or moved in any
such district shall be occupied or used until a certificate of use
and occupancy shall have been issued therefor by the City Build-
ing Inspector.
Application for a certificate of use and occupancy for a new
building or for an existing building which has been altered or
moved shall be made at the same time as the application for a
building permit. Said certificate shall be issued within three (3)
days after a written request for the same shall have been made
• to the said Building Inspector after the erection, alteration or mov-
ing of such building or part thereof shall have been completed in
conformity with the provisions of this ordinance. Pending the is-
suance of such a certificate, a temporary certificate of use and
occupancy may be issued by the said Building Inspector for a pe-
riod of not exceeding six (6) months during the completion of
alterations or during partial occupancy or use of a building pend-
ing its completion. Such temporary certificate shall not be con-
strued as in any way altering the respective rights, duties or obli-
gations of the owners or of the City relating to the use or occu-
pancy of the premises or any other matter covered by this ordin-
ance, and such temporary certificate shall not be issued except
under such restrictions and provisions as will adequately insure the
safety of the occupants.
Written application for a certificate of use and occupancy for
the use of vacant land or for a change in the character of the
use of land, as herein provided, shall be made before any such
land shall be so occupied or used, except for agricultural purposes
other than live -stock farming or dairying. Such certificate of use
and occupancy shall be issued within three (3) days after the appli-
cation therefor has been made, provided such use is in Conformity
with the provisions of this ordinance.
Every certificate of use and occupancy shall state that the
building or proposed use of building or land complies with all
provisions of law and of this ordinance. A record of all certificates
of use and occupancy shall be kept on file in the office of the
said Building Inspector and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the
building or land affected. No fee shall be charged for a certificate
of use and occupancy.
No permit for excavation for any building shall be issued be-
fore application has been made for a certificate of 'Use and occu-
pancy.
• SectIon 16. PLANS.
All applications for building permits shall be accompanied by
a drawing or a plot plan made to scale, showing the lot and the
building site or sites, the proposed location of the building or
buildings on the lot, accurate dimensions of building and lot and
such other information as may be necessary to provide for the
enforcement of this ordinance.
Section 17. APPROVAL OF LANDS.
Before any building which is designed or intended to be used
for commercial purposes is erected, constructed, altered or moved
within a C -1, C-2, or M -1 District upon property abutting any
Primary or Secondary State Highway, major traffic thoroughfare,
or Class "A" county road as shown upon any Official Highway Plan
of the City or County, drawings or sketches showing the exterior
elevations of the proposed building or structure, the types of mate-
rials and colors to be used and signs to be displayed shall be filed
with the Planning Commission and shall be approved by said Plan-
ning Commission or its designated agent before any permit for the
construction of said building shall be issued.
The Planning Commission may designate the City Building
Inspector as its agent to receive and approve said plans in behalf
• of said Commission when in his judgment the plans conform to
the general architectural requirements established for the district
in which the building is to be located. The Building Inspector shall
act upon all such plans within thirty (30) days after their receipt,
and failure to notify the applicant of disapproval of said plans
within such period, unless the applicant consents to an extension
of time, shall constitute approval of the plans in so far as this
section of this ordinance is concerned.
For guidance of the Building Inspector in passing upon all
plans submitted in compliance with this section, the Planning Com-
mission shall by resolution duly recorded in its minutes adopt
certain general rules and specifications and such illustrative arch-
itectural drawings showing desirable standards and types of design,
materials, colors and styles of signs and lettering as will pro-
vide a basis and guide for the approval of plans for proposed build-
ings in each C -1, C -2, or M -1 districts. The Planning Commission
shall appoint and designate one of its members as chairman of
an unofficial architectural advisory committee of three (3), two of
whom shall be resgistered architects, to cooperate with the Build-
ing Inspector and to serve with him in behalf of the Planning
Commission in passing upon architectural plans filed as required
herein.
In reviewing and judging such plans, the Building Inspector
shall give primary consideration to the general rules, specifications
and official illustrative material designed by the Planning Com-
mission as controlling with respect to the particular district in
which the proposed building is to be erected, constructed, altered or
moved. If the Building Inspector acting as agent of the Planning
Commission and after consultation with the architectural advisory
committee disapproves any plan, he shall immediately file said plans
and a statement of his reasons for disapproval with the secretary of
the Planning Commission. The Planning Commission, not later than
its first regular meeting thereafter, shall either approve said plans
• or any revision thereof and direct the Building Inspector to issue a
permit for the building in question, or disapprove the plans.
In case of final disapproval by the Planning Commission of
any plans submitted in compliance with this section, copies of the
plans with the findings of the Planning Commission and reasons for
their disapproval attached shall be filed immediately with the
Clerk of the City Council, and said City Council at its next regular
meeting shall either approve said plans and order the issuance of
a permit for the building in question or return the plans to the ap-
plicant with a statement indicating the reasons for disapproval.
Section 18. COMPLETION OF BUILDING.
Nothing herein contained shall require any change in the
plans, construction or designated use of a building for which a
building permit has heretofore been issued and upon which actual
construction has begun.
Actual construction is hereby defined to be the actual placing
of construction materials in their permanent position fastened in
a permanent manner, except that where a basement is being exca-
vated, excavating shall be deemed to be actual construction, or where
demolition or removal of an existing building has been begun pre-
paratory to rebuilding such demolition or removal shall be deemed
to be actual construction, provided in all cases that actual con-
struction work be diligently carried on until the completion of the
building.
Section 19. AMENDMENTS AND CHANGES OF DISTRICT
BOUNDARIES.
The City Council of the City of Newport Beach may from time
to time, after report thereupon by the Planning Commission and
after public hearings as required by law, amend, supplement or
change the regulations and districts herein or subsequently estab-
lished. An amendment, supplement or change may be initiated by
• the City Council, by the Planning Commission or by petition of
the property owners.
Whenever the owner of any land or building desires a re-
classification of his property, he shall present to the City Council a
petition duly signed and acknowledged by him requesting an
amendment, supplement or change of the regulations prescribed
for such property. The City Council shall refer the petition to the
Planning Commission for such hearings as may be required by
law for amendments, extensions or additions to the districting plan,
for recommendations upon the boundaries of the district to be
changed and such other matters as may be related to said pe-
tition and shall take final action upon said petition within ninety
(90) days after the filing thereof.
The City Council, after receipt of report and recommenda-
tion from the Planning Commission, shall hold a final hearing
thereupon, duly advertised as required by law. If at the time of
the final hearing before the City Council a protest against such
amendment, supplement or change is presented duly signed and
acknowledged by the owners of twenty (20) per cent or more of
the area for which a change of classification is requested or pro-
posed, or by the owners of twenty percent (20 %) or more of the
area for which a change of classification is requested or proposed, or
• by the owners of twenty percent (20 %) of all dwellings within
three hundred (300) feet thereof, no such amendment, change or
supplement shall be adopted except by a four-fifths (4/5) vote of
the full membership of the City Council:
The Planning Commission is authorized to make a uniform
charge not to exceed twenty -five dollars ($25.00), payable to the
City Clerk, to partially cover the cost of making maps, sending
out notices and other incidental administrative expenses involved
in any petition for a change in these regulations, said . charge be-
ing due and payable at the time of filing any petition or request
for change.
Section 20. ENFORCEMENT, LEGAL PROCEDURE, PEN-
ALTIES.
It shall be the duty of the City Building Inspector to enforce
the provisions of this ordinance pertaining to the erection, con-
struction, reconstruction, moving, conversion, alteration or addition
to any building or structure.
It shall be the duty of the Police Department of the City of
Newport Beach and of all officers of said City otherwise charged
with the enforcement of the law to enforce this ordinance and
all the provisions of the same.
Any person, firm or corporation, whether as principal, agent,
employee, or otherwise, violating any provisions of this ordinance
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punishable by a fine of not more than three hundred dollars
($300.00), or by imprisonment in the City Jail for a term not ex-
ceeding three (3) months, or by both such fine and imprisonment.
Such person, firm or corporation shall be deemed guilty of a separate
offense for each any every day during any portion of which any
violation of this ordinance is committed, continued or permitted by
such person, firm or corporation and shall be punishable as herein
• provided.
Any building set up, erected, built, moved or maintained and/
or any use of property contrary to the provisions of this ordin-
ance shall be and the same is hereby declared to be unlawful and
a public nuisance, and the City Attorney shall, upon order of the
City Council, immediately commence action or actions, proceeding
or proceedings, for the abatement, removal and enjoinment there-
of in the manner provided by law and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate and remove such building or use and
restrain and enjoin any person, firm or corporation from setting up,
erecting, building, moving or maintaining any such building or
using any property contrary to the provisions of this ordinance.
All remedies provided for herein shall be cumulative and not
exclusive.
Section 21. SALE OF COPIES.
Copies of maps, charts, plats and other descriptive matter re-
garding the Master Plan as made and provided for in this ordin-
ance may be sold by the Planning Commission of said City at the
uniform charge as established by the City Council, and all moneys
received therefrom shall be paid into the City Treasury as pro-
vided by law.
Section 22. REPEAL.
That certain Ordinance No. 440 entitled "AN ORDINANCE
ESTABLISHING LAND CLASSIFICATIONS AND DISTRICTS
WITHIN THE INCORPORATED TERRITORY OF THE CITY OF
NEWPORT BEACH AND REGULATING THE USES OF PROP-
ERTY THERIN, ADOPTING A MAP OF SAID DISTRICTS, DE-
FINING THE TERMS USED IN SAID ORDINANCE, PROVID-
ING FOR THE ADJUSTMENT, ENFORCEMENT AND AMEND-
MENT THEREOF AND PRESCRIBING PENALTIES FOR ITS
VIOLATION," as amended, is hereby repealed, subject, however,
to the exception that all provisions of this ordinance shall be con-
•. strued as continuations of the provisions thereof, and not as a new
enactment, and the same shall be considered as having been con -
tinuously in effect since the adoption of said Ordinance No. 440.
The effective date of this ordinance shall be construed to be the
effective date of said Ordinance No. 440 insofar as the provisions
hereof are a continuation of the provisions of said Ordinance No.
440, and no use which was being conducted in violation of Ordin-
ance No. 440 shall become a valid non - conforming use by reason
of the re- enactment of the provisions of said Ordinance. All other
Ordinances of the City of Newport Beach in conflict herewith are
hereby repealed. Any uses being conducted under Certificates of
Use and Occupation granted under said Ordinance No. 440 shall
be considered as non - conforming uses if located in district where
such use is not permitted hereunder.
Section 23. ENACTMENT.
This Ordinance shall take effect thirty (30) days from and
after its adoption and, after its adoption, shall be published at
least once in NEWPORT - BALBOA NEWS - TIMES, a semi - weekly
• newspaper printed and published in the City of Newport Beach,
said publication to be made not later than ten (10) days from its
adoption.
The above and foregoing Ordinance was introduced at a reg-
ular meeting of the City Council of the City of Newport Beach
held on the 5th day of July, 1943, and was finally passed and
adopted on the 2nd day of August, 1943, by the City Council at
a regular meeting thereof, by the following vote, to -wit:
•
AYES, COUNCILMEN: Kirk, Isbell, Reed, Hall.
NOES, COUNCILMEN: Allen.
ABSENT, COUNCILMEN: None.
ATTEST:
FRANK L. RINEHART,
City Clerk.
The above and foregoing Ordinance is Signed and approved by
me this 2nd day of August, 1943.
CLYAN H. HALL,
Mayor of the City of Newport Beach.
Publishing August 12, 1943.
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