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HomeMy WebLinkAbout1292 - Off-Street Parking Requirements• • • ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.08.191 TO CHAPTER 20.08 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO OFF- STREET PARKING REQUIREMENTS FOR COMMERCIAL ZONING DISTRICTS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.08.191 is added to the Newport Beach Municipal Code to read: "20.08.191 Parking Requirements for Commercial Uses. A. REQUIRED PARKING. Off- street parking in accordance with the requirements of Chapter 20.38 entitled "' -H" DISTRICT' shall be required of all property in all commercial zoning districts which has not previously been included within a " -Z" or "-H" District. All properties in commercial districts which do not meet the requirements of this section shall be classified as nonconforming uses. B. NONCONFORMING USES. The provisions of Chapter 20.44 entitled 'NONCONFORMING STRUCTURES AND USES' shall not be applicable to structures and uses which are non- conforming only because they do not comply with the parking requirements set forth in subsection A above, but instead the following regulations shall be controlling: 1. Existing Uses and Structures., The lawful use of land or buildings or both in commercial zoning districts which do not meet the parking requirements set forth in subsection A above, which use was in existence on the effective date of this section, may be continued or changed to a use requiring the same or less on -site parking without compliance with said requirements. 2. Remodeling, Repairs or Alterations. Any -1- • • nonconforming building may be repaired, altered or remodeled without complying with the parking requirements set forth in subsection A of this section. 3. Enlargement. Whenever a nonconforming building or use is enlarged by more than ten per cent (10 %) of its original gross area in any one -year period, the property on which it is located shall be made to comply with the parking requirements of subsection A of this section unless a waiver or reduction of said requirement is authorized by use permit. When the enlargement of an existing building or use constitutes less than ten per cent (10 %) of its original gross area, the required parking shall be based only upon the added gross area. 4. Restoration of Damaged or Destroyed Building. A nonconforming building wholly or partially damaged or destroyed by fire, explosion, earthquake, Act of God, or other act beyond the control of the owner or person in possession may be restored without the necessity of complying with the requirements of Section 20.08.191, provided that all of the following conditions are met: (a) The restoration work is commenced within twelvemonths: after the damage-or destruction occurs; (b) The building after restoration does not exceed its original gross floor area as it existed prior to the damage or destruction; and (c) The use of the building is not changed to a use which requires more parking than the original use as it existed prior to the damage or destruction.1° SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. -2- THS - air 2/25/69 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 27th • day of January , 1969, and was adopted on the loth day of March , 1969, by the following vote, to wit: ATTEST: ,y� er c IFIED AS TH INAL :i CITY CLERK-OF THE CITY O POR7 BEACH • AYES, COUNCILMEN: McInnis, Shelton, Parsons, Marshall, Rogers, Hirth, Gruber NOES, COUNCILMEN° None ABSENT COUNCILMEN° None 0 WIN 1A 1, W11-W, THS °mh -3- 2/21/69