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ARCHIVE_ZONING_REGULATIONS_01_1943
111111111 lill 11111111111111111111111111 lill 1111111, *NEW FILE* ARCH IVE_ZONING_REGULATI ONS 011943 c* purl ,Gf.rada�d fc.wf cu f pa�✓nsoacu doyy 6cii{�iitsip uo � uwoys ari,�rrdyfo ssa�cn yfdap u�faaf pj pvorC�uo✓� Afadmt& fu%/ ' Gar VA 1NOc�d �t yo1�p q✓llpno�un rfo6�+f{a�o ssa/ro;tfI0$ 6uieoy r{o�, fQ tj{P�.+�o �of�✓�nbat •�' F 6uinatr r�o� PJ�apis b� :�itd S€-j ai✓ofS Z fftuq fy6/ay I ' rosr p�nn8a� f°l apig a, ,.E'aq fsntu. tau°fS dJ/ O O u.w✓.�oy OC�d/� th veto a a+oy' /r/mul/tw fiu.a yoos ✓of J' ✓au�exa�7uy aae�s 6uiaj.rvd 3 p cuovf �- afrx� -10 06CLjvg Cyd�Clz � uvytrssj fj auo away {r�i�iy x.af f07 ✓oaa r fiur� .iad nano punt ff -As 009 puv timoys so sc+aro p✓oF ayf api tovd y C�fuary ffns aq //nys s641///aMp iCjtuAj aIdlllnAy //*a ✓caf pain Cp✓b afts 6uryvj{nq wnaviui•�• 7t� f7tfb/S Jd�1J 7(,f,t0 uoi�t..rod o aq ott p--Vapfruo3 aq mm Xwflo yo,J.r fo yfPiM vq . 0 C.7 f�oy auo tea//b ut7 uod» ruxlo p�o,C Joa..i rn &Ivq / c-galnoga( `v'-gav -Lo7 L. oT AREA Pf9U1AeF-D Exisfiny ,(�ecarded Lots- Arco JciJ'rcicnt /ioP+roride y�alreqquiremenfs New f5i.,bolr'v45ior7 -below Eie✓ 20ik 4000 5f.F/ cabore 21D{f 60005�.A • Whera o reor yor-cl opens upon on a//ey one her/{ (&'Z) 02r the width o{such o/%y ivi// be consic%red Ao be o porhbn of'Me reoryeard. r /{ /ess fhcan 3 ' 7'�-Or,i /of line, exterior-wa/i mast hcave a one hocirmin. {ire protection. wear dot %m Ife ,Sfories InLlsf be 3'from Side /or /irie ZONING ORDINANCE e _ Mus! Piave one 2 Sfories in jarage or au refo heI hi Aa NO. 525 O.E parking spoce na moreihav T C each unit. /3 o/area of rear yd.ar YA Q© /yeigh/ Lrrnif - Tories - .35 feet � CITY OF NEWPORT BEACH Orange County 3 Side Yar California SideYord r aired{or ,/4045 hoviny —3' TWO FAM/LY UN/T 4 ' /o�sha�ngr o width o{ /IV7 Lot Area 2000 s�.lo4. o width o/ 40 Aar/ess �Existing Subdivisions) mare&v4oh. I O /y one singentor /mp/e re31den ce on _ /of tlJ � Q Uncoverec/Porch Q �,� t %2 width of/of I Adopted by City Council I Aug. 2nd, 1943 F20A/T YA,2D Front Property /,frne (Price $1.00) rron;fyorcd /O Aeefin depth unless otherwise shown on Di3frietin9 Map,rneas�red {ram {rant pro�oerty k7e. Q,-2 46 I J f �Xis��� L�T ARZA ,2Epu/.e�0 y PeC ems- Armen icianf fDpro✓ideyorrfreQuirerne�s d /err Subdirisron-be%tr F/er_ POff. 4000 Sj. fff obore •• 20�1.� 6000.5�1� CONTENTS h/hen o rearyard opens upon ors o!/ey ZONING ORDINAWCE No.525 ar'e C%rJ o r/he W.IL f17 0X*such o/%y yvi!/ PAGE be cornsiclerad io 6e a,00r fi n of"the I�L-aryord. Section 1—Adoption ._...-_._......_-..._.._.__._.._........................_..---.._..__.._._. 1 � /,!'/es.S alhar! ,3 '�rorr� f iise cxfer�or tya// Section 2—Definitions ............. 1 mev-51 hare a one hour•rr in. {i'e "24cc/ion. Section 3—Establishing Districts and Limiting the Uses of Land Therein__...__ 4 !!'2 Siories must be 3 from Sib% /Of line. Section 4—(R-1) Residence District, (for convenience called Single-family)-__. 5 - (a) Uses Permitted ..._....-------- _.___._._._...._.__....-- 5 20 min. for 2 Stones in (b) Building Height_.-_--___..__._...__.__..._.........._____.__ 6 1/of area o� ") lxi h�Areo (c) Budding-site Area Required. __...._.._ _.._---.._ 6 }}} C AJ2A L 9 (d) Front Yazd Required..__..__..__.___..._—..........__._. 7 4000 sp.L� •C 42,&A 2 G G nofmore//i (e) Side Yazd Required....--_.._..._...__..__..____.._............ 7 or mare- � Zf cLor�a o/ (f) Rear Yazd RequirerL__.- _ ___.,._.. ______...._ 7 i/O'min. Ifor O Q /toryvrd Section 5—(R-2) Residence District, (for convenience called Two-family).__._ 7 i/Of pre.. o{ Lam„ h Y�.el? (a) Uses Permitted_-......� ..—__ ______.�._ 7 i (b) Building Height Limit.. .._....__.. ...._..__...___ 7 6 /ess fhon (c) Building-Site Area 7 4a00 S4. (d) Front Yazd gRequued.—..__._...._-..--•--.___-_....__. 3 /7r6/9hi Lim;i (e) Side Yard (, uired....___-_-..__..........._.._--•--__.._. 8 (f) Rear Yazd Required_•-----. ..—_------_---_.. . S 4 J70f OVCl 35 beef (g) Distance Between Buildings on Same Lat.._.. _...._ 8 Section 6—(R3) Residence District (for convenience tailed Multiple-family)_ 8 (a) Uses Permitted.-._---..._..__......................._ ......... s �3 Score Y � 4 Sia�Yrd (b) Building Height Limit._—..—__.__...._.._..__.___._. __ 9 re c�ired (c) Building-Site Area Required..._._—._..__...__..._.-_ 9 IG s r 3" SINGL 9uired stir (d) Front Yard Required__....__..._........_......_._.._..____._.. 9 /lOYin9 4" /ofs poring (e) Side Yard Required............. 9 M A w�dfh o{ FAM/.0 Y (f) Rear Yazd Required _.--_--•-•-_•------•---••--___-- 9 trid/had (g) Distance Between Buildings on Same Lot....._...._...._.._ 9 40��or/ess) ��S/D�NC� ex�han�6/f Section 7—(C-1) Commercial District (for convenience called Neighborhood Commercial).................._......................__ 9 (a) Uses Permitted............. ...__...._.._... ._.__.__.__...._ 9 (b) Building Height Limit.................. --------------------_--. 11 (c) Building-site Area Required................... 11 On/y one sing/e (d) Side Yards Required ...._........................_....____..._ 11 `t �Q/73%!jr residence on �o (e) Rear Yard Required...................................._......_...__..... 11 ` Section 8—(C-2) Commercial District, (for convenience called t(t l�reh General Commercial)__....—..____...._...-..._... Uneorered................ 11 Q ' O (a) Uses Permitted.__.................................. �- I2 Width of Lot (b) Building Height Limit..._.._....----.._.............__...__._._... bi � � r^ (c) Building-site Area Required.__.......... ............................ 12 I Y ! (d) Front Yazd Required.................................—.......... 12 i F. 0A1r Y.AQ40 � (e) Side Yards Required....................._...._........................ 12 ; (#) Rear Yazd Required.___........._............._......_.......... 12 L_ iron! }�roperfy Section 9—(M•1) Manufacturing District, (for convenience called Industrial)__. 12 (a) Uses Permitted---------------------_.__....__._._.._._------- 12 lCronf yord !0,4ee/irn depth, un/ess ofhe�-noise shown (b) Building Height Limit.._.............._..----._.........---._._..... 14 on Die}i citing Mop,measurnd{r»m iron}proper}y /ins (c) Building-site Area Required._...._.................._.._........... 14 Q- 45 PAGE (d) Front Yard Required..............-......-----.._-.................. 14 1 (e) Side Yards Required..................................................... 14 �^ (f) Rear Yard Required-.--_----------------------------------------------- 14 = " I � "c Section 10--General Provisions and Exceptions------------------------------------------------------- 14 (a) Uses 8 d (b) Height .-..-------_-...----------------_.-..-._•--•-•-•-------------•----------- 15 a ° 95�$ (c) Area Exceptions.............................•---•-............................ 15 =ZWH 5`a� Section 11—Variances and Conditional Permits..................................................... 17 ° s Section 12—Non-Conforming Uses..................._.....................................--.............. 19 °< a Section 13—Interpretation, Purpose and Conflict.................................-.................. 19 Section 14—Building Permits.............................................................•...------------------- 20 Section 15--Certificates of Use and Occupancy....................................................... 20 Section16—Plans .................................................-............... ................................... 21 ° °.; \V.-�1 ¢ Section 17—Approval of Lands........................................ ....................--------------.. 21 a _ c IL n o Section 18—Completion of Building...................................................-................... 22 ug 7 e � ,° Section 19 Amendments and Changes of District Boundaries............................... 22 e •o ' �'` �' e =• z, � �� a�e Section 20—Enforcement, Legal Procedure, Penalties............................................... 22 0 Pry ? ',? •e N .�-a ^q, Q : Ada aE - mob V, o � Section 21—Sale of Copies.......................-••.............................................-................ 23 o ........-. ... ...Z � ° z Section 22—Repeal -- -------------•-•--------------.. ..................---•-•-•------------------- 23 • ` � w i e`� a,° P�F- fib'• Po F-'U Section 23—Enactment ..........................---------••--•---...---•---.....---•---------------------.. 23 a• P c e e _W DISTRICTING MAPS ah O O a.-rW 4 IndexMap of Sections.....................................................................1............................ 25 e "' t ary ' x °d• '� d W SECTION SECTION e a y O 3 f No. PACE No. PACE ILI 36 °? a 'yE�� ry . ` y� z e ? ; 2 ............- - -......................... 27 12 ............ ..........................• ry -- .. 37 3 .............................................. 28 13 .....................-...................... 38 .......................................... ------------..........---.............--- e°•;,, �^'9 /` 4 ... 29 14 .. 39 6 -----------------------................... 31 16 --............-----------........_...... 41 8 ... 33 18 ... 43 9 ........... -------•---•.................. 34 19 .............................................. 44 _ 10 .............. 35 V . 3 ILLUSTRATIONS wag °fl R-1 Building Site -...--••---......-•-•---....--------................••----•-------------------------•-------------- 45 "so R-2 Building Site ...---•............................--------._................--••--------..................-----..... 46 w ao a R-3 Building Site ....................•-•---------------------•------------•-------•-•----•-•-•.......................... 47 • 6 Jr 44 r JIQ e z � Ell `Tv P,c Q 0 n a ccU 8a i s y3: Q o -51 ° °W 1 _ zla 0 ' / P • ' � ! T �t `Q)a P9 ? ALl3r 1S✓3 FT ° ! W € a e€ a 7�A�1�IT�H� .'•I,3K1L11f� g `� 4 � `43 FOREWORD _> eThis land use ordinance is dedicated to the Property Owners of the City of ro Newport Beach as a guide and an inspiration to an orderly development of our com- e munity. The accomplishment of these features will result in maintained values, incul- 9 e" °" rs�s cation of civic pride, enhanced aesthetic values and the development of a more abun- dant locality. / e" eO� e� This ordinance is the keystone of our contemplated Master Plan. Your Plan- ' e" pR� eM1 O e ring Commission will continue to formulate and submit to your City Council other plans " •1 : P °M1 for essential and desirable elements of a well balanced City, which, when approved and e" d e�v im lemented in ordinance form, altogether, will form the blueprint for the consummate eM1 o °� development of a more desirable, more sanitary and better Newport Beach in which we will be happy to live and in which Public Welfare and Health will,be paramount. 1 " „ ,, The consummation and implementation of a Master Plan with its many diversi- J�ra �a� ¢ fied elements is a project of vital public interest and can only reflect public desires in �e" 'T•.e" •aE r c z ;, direct ratio to public interest manifest in the public hearings having to do with its <0 g formation. It has been with pleasurable pride that your Planning Commission has assumed a the responsibility of integrating your ideas and feasible desires into a workable, practi- ,'O U G cable ordinance and we will continue to voluntarily serve,subject to the dictates of Pub- " lic Opinion and approval. JJ e" o " e,, 0� —_ "_ € We bespeak your increased active interest and constructive suggestions in our • e"�< 0r;y V— Q contemplated efforts to create in and of Newport Beach the Gem of the Pacific. eM1•°� a 'O.; p o $ WLL 9 e e °• Ln0 � � J 0� �W a;` F LEGISLATIVE BODY w z 1 s� LL CLYAN H.HALL . . . . . . . . . . . . . . . . . Mayor O. B. REED . . . . Councilman L. L. ISBELL . . . . Councilman ROBERT ALLEN Councilman WILLIAM A. KIRK Councilman " x y I ROLAND THOMPSON,City Attorney a e• ` r c e � / ° °• `�ftPu a cso y S�Ey - P°`µe.5'n/�.�`• y;°4 CITY PLANNING COMMISSION C. HAROLD HOPKINS . . . . . . Chairman i b HOWARD W. SEAGER, M. D. . . . . . . . . . . . . . Secretary JOHN M. ALLEN . . . . . . . . . . . . . . . . . Commissioner ii� ENE MARCUS J. JOHNSON . . . . . . . . . . . . . . Commissioner O. M. CAMPBELL . . . . . . . Commissioner /i' nTTC E r e�1 622 C. L. BALTZ . . . . . . . . . . . . . . . . . . Commissioner" Q �NTk'�'iE �� w a V5 B KATE McCANN Assistant Secretary Ex-Officio Commissioners R. L. PATTERSON, City Engineer; L. L. ISBELL, Councilman; A. M. NELSON, City Building Inspector. 42 1 — — � §�I � e 4La / wCIOE ! , IN 40"r £ . � � � �� ■ hex / IL \«2 !|. \� It < \§ - E — �� - � Q< ; . !,, ! cn$ #! ! pi , 4 Ordinance No. 525 cd OF THE CITY COUNCIL OF THE 000Y „ _=• /: �„ a e ° CITY OF NEWPORT BEACH, CALIFORNIA ===s THE CITY OF NEWPORT BEACH,BY AND THROUGH ITS CITY / e €`s COUNCIL, DOES ORDAIN AS FOLLOWS: SECTION 1. An official land-use districting plan for the City of Newport Egg Beach is hereby adopted and established to serve the public health, safety and general welfare and to provide the economic and social advantages resuling from an orderly, planned use of land resources. SECTION 2: DEFINITIONS. For purpose of this ordinance certain words and terms are defined, as follows:, Words used in the present tense include the future, words in the singular num- 3e ¢ her include the plural, and words in the plural number include the singular; and the Z word "shall" is mandatory. The term "City Council" means the City Council of the i r m s City of Newport Beach, and the term "Planning Commission" means the Planning Q O Commsssion of the City of Newport Beach. The word "City" when used means the City of Newport Beach, a municipal corporation. U V o _ "Alley"; Any public thoroughfare for the use of pedestrians or vehicles, not p U less than nine (9) feet nor more than twenty-four (24) feet in width, which has been i of TI Q Z W 7; 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 sub- WI,I R a I U m = , t ordinate to, and the use of which is incidental to that of the main building, structure or ti� $ oi3l �I i I m 2 _ use on the same lot. "Automobile Court" or "Trailer Camp": zI"I h UI NO c (1) A group of two or more detached or semi-detached buildings containing guest rooms and/or apartments with automobile storage space or parking place provided i q I w s in connection therewith; m Z = k 4 LL (2) Land used or intended to be used for camping purposes by automobile transients. "Basement": A story partly underground and having one-half (1/2) or more of Q1 J its height, measured from its floor to its finished ceiling, below the average adjoining 2 I I grade. A basement shall be counted as a story if the vertical distance from the aver, I age adjoining grade to its ceiling is over five (5) feet. "Apartment"- A room or a suite of two ormore rooms in a tenement or apart- ment house, occupied or suitable for occupance as a residence for one family. Q b I § I I p g "Apartment House': Any, building, or portion thereof, which is designed, in- tended,built, rented,leased,let or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other in such s= '1 building. o $ "Building": A permanently located structure having a roof (all forms of ve- I d hicles excluded). FI .de "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. 40 1 r � "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 allo en spaces as required by i >1 a E3Y Yh19 ordinance. -C ■ r . "Business or Commerce': The t purchase,sale or other transaction involving the ' �:u .�� �,�L — — �€� handling or disposition of any article, substance or commodity for profit or livelihood, o or the ownership or management of office buildings, offices, recreational or amusement enterprise; or the maintenance and use of offices by professions and trades rendering � �� Services. r zy zy "Club": An association of persons for some common non-profit purpose but „ P j/ pj� / rrf; 4 u Zu �I not includinggroups organized primarily to render a service which is custom car- g P rganiz P Y Y a z� tied on as a business. "'Dwelling, (one•family)": A building containing only one Ht hm, designed �i� - rt 2Y •.zw " I for or used to house>zat more than one family,inducting all necessary employees of such ,� /.' ="Y • �•x a -� L.a•�r z^�+ family. �� . z•a II`,� z•a .a-ru Q "Dwelling, (two-family)": A building containing not more than two kitchens °• �rvr� av aO 3,1 a' 1� z r designed and/or used to house not more than taro familie,living independently of each u :41 r, p other,including all necessary employees of each such family. I xy 2-Y 2 Y x tl �z« .S,_' vi yy I•� 1•J itl,per i_ al �C QQ z$. "Dwelling, {group) A combination or arrangement of dwellings whether detached or not on one{1) building site ZN ill "Dwelling, (multiple-family)": A building or buildings other than a hotel, de- signed for or used to house more than two familie., living independently of each other, k, is L tl y L Y a xw z^I Z I s PIT including all necessary employees of each such family. + z.a W Utl Dtl Z-0 "Family": One person living alone or two or more persons living together. 2 I °i L+ 4 11p f 1 a iro Lw - Zil .c i? y W s 3 c 3 "Garage, (Private)": An accessory building or an accessory portion of the ib m 95 4 main building,designed or used only for the shelter or storage of vehicles owned or op- iu Li crated by the occupants of the main building. i s L•Y zw r1:1.� I F It 2 f "Home Occupation": Any vocation trade or profession carried an within a rb 2Y Ia 2141 f za -o. 0 za . a �b c dwelling by the inhabitants thereof, where only electric poser, not in excess of an ag- a gregate of one (1) horsepower, is used, no merchandise or other articles are displayed ( Zm p c Lei w c L-a R w four advertising purposes and no assistants are employed except as permitted in certaindis "Hotel": Any building or portion thereof containing six (6) or more guest rooms uesd or intended or designed to be used, let or hired out to be occupied or 4 ZJI " SY -a'• Z tl which are occupied by six (6) or more guests, whether the compensation for hire be paid directly or indirectly in money,goods,wares,merchandise, labor or otherwise and z•a ;'• za •,. - e o; shall include hotels, lodging and rooming houses, dormitories, turldsh baths, bachelor 41 r hotels, studio hotels, public and private clubs, and any such building of any nature whatsoever so occupied,designed or intended to be occupied except jails,hospitals, asyd- ' ay ze I s ums, 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 cooling and/or the preparation-of food. "Lot": (1) A parcel of real property as shown as a delineated pared of land I I i" =6•o C a' %/ a s with a separate and distinct number or other designation on a plat recorded in the ��� office of the County Recorder of Orange County;or (2) A parcel of real property not �/ / ` t, so delineated and containing less than 6,000 square feet and abutting at least one public 2 39 a street or alley, and held under separate ownership from adjacent property prior to the Oeffective 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 °• " 1O ' i 3� J %' a as 4 „ the same ownership prior to the said effective date of said Ordinance No. 440; or (4) °? %o; z•s I I t z. •2\ J ry' � / 06, e $ A lot as hereinabove described under (1) of this definition, plus all or a portion of an I' �/ �%/ �; °'ptl (, I I e Jp� 26 -°, ,y e•/ o=E _ �- adjacent lot as so defined under one ownership; or (5) Portions of such adjacent lots •� ° 2a ey '°•. - b � �`_" � under one ownership containing a total of not less than 6,000 square feet. j Z " "Lot (comer): 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 •'t•b' • \`" r. e• / 4" Y not greater than eighty (80) feet. "Lot, (interior)", A lot which is not a comer lot is an interior lot. "Lot, (through)": A comer 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. Z ;= "Lot Area": For the purpose of this ordinance shall mean the total horizontal a0 s"s area included within lot lines and shall include one-half (i/2) 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 U rear line measured in the mean direction of the side lot lines. / "Lot Width". The average horizontal distance between the side lot lines Z measured parallel to the front lot line. —x UU a ; "Lot Lines": The established division lines between parcels of property, public U W w h or private. �m 3I5 t "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 comer lot,and in the case of through lots,the lines separating the "y:F lot from the streets shall be considered as front lot lines. j ` \ m " ' r "Lot Lines (rear)": That lot boundary line which is opposite and most distant from and not coterminous with the front lot line. Z `� Y "Lot Lines (side)": Any lot boundary line not a front lot line or a rear lot line. "Non-conformingBuilding,Improvements or Uses": Building, g> P g,improvements or ' uses which lawfully existed on any lot or premises prior to the effective date of any regulation, classification or restriction 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, improve- ments or uses are located. 44 'Side Street": The street boundmg a corner lot and which extends in the same general direction as the line determining the depth of the lot. ��� / / We a `Story": Any portion of aq building included between the finished ceiling next above it or the finished undersurface of the roof directly over that particular floor. "Street": The land dedicated in any manner to or condemned for use as a pub- / lic 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 38 3 thoroughfare dedicated to public or private travel, but shall not include an alley as de- fined herein. "Street Line': The boundary line between street and abutting property. ��'"� CNANN$L "Structure': Anything constructed or erected and the use of which is per- L"$ o ` _ manently located or requires permanent location on the ground or attachment to ENT /�; " I E I a something having a permanent location on the ground, but not including walls and �� z fences sic (6) feet or less in height and other improvements of a minor character. — - �� �� / "Structural Alterations": Any change in the supporting members of a build- ing such as bearing walls, columns, beams, or girders and floor joists or roof joists, C girders,or rafters, or changes in roof or exterior lines. *'Use': The purpose for which premises or a building thereon is designed, ar- ranged 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 I ter situated,and except where otherwise provided in this ordinance,open and unobstructed �• t j from the ground to the sky. Rear and side yards do not apply to accessory buildings. Z IL "Yazd, (front)": A 3,ard extending across the front of the lot between the in- rN f a ner side yard line_;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 cn• 2r �_J za closed or covered porch "Yard, (rear): A yard extending across the full width of the lot and meal• c i _ <<�t 4T U V I ured between the rear line of the lot and rear line of the main building nearest said - .� 3r <' 0 Z l W rear line of the lot F-u `o "Yard, (side): A yard on each side of the building, between the budding and ' F� !r, U W the side line of the lot and extending from the street line of the lot to the rear yard. SECTION 3: ESTABLISHING DISTRICTS AND LEWCMG USES OF LAND THEREIN. f✓ i M1 % N o ti IL In order to classify,regulate,restrict and segregate the use of land and buildings, co regulate and restrict the height and bulk of buildings and to regulate the area of 4 c' 0 / z yards and other open spaces about building,six (6) classes of districts beginning with the most restricted classification and progressing to the less restricted dassifications are established to be known as follows: R-1 Residence District; (for convenience called Single-family); Z aR j R-2 Residence District; (for convenience called Two-family); J R3 Residence District; (for convenience celled Multiple-family; C-1 Commercial District; (for convenience called Neighborhood Commercial) G2 Commercial District; (for convenience called General Commercial); M•1 Manufacturing District; (for convenience called Industrial); which said several districts are hereby established, and which said classifications and / iE districts are showm and delineated and designated as R•1,R-2,R3, Gl, C-2, and M•1 <�Qv e Q o° s8 respectively on those certain maps numbered Sections 1 to 19 inclusive of Districting ve 4r•t / Q _ Map of the City of Newport Beach, consisting of 20 sheets;which said maps are at- / r tacked 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 information set forth by each Section of the Districting Map were fully de- scribed herein. 4 37 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 U such changes. Any territory annexed to the City of Newport Beach shall be in an R-1 ' I ao2 o Residence District until this ordinance is amended to provide otherwise. N.saa a`=o t & Where uncertainty exists as to the boundaries of any district shown on said �oE I W Sections of the Districting Map, the following rules shall apply: mB o o5s (a) Where such boundaries are indicated as approximately following street 4 � and alley lines or lot lines, such lines shall be construed to be such boundaries; (b) 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, 01 shall be determined by use of the scale appearing on such Section of the Districting Map; °�ryaj �p➢ ! (c) Where a public street or alley is officially vacated or abandoned,the regu- lations applicable to abutting property shall apply to such vacated or abandoned street or alley. o The boundaries of such districts as are shown upon the Section of the Districting Map adopted by this ordinance are hereby adopted and approved, and the regulations Z of this ordinance governing the use of land and buildings, the height of buildings, the ELM ` 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. OU � ` Except as hereinafter provided: Z o S L= 1. No building shall be erected and no existing building shall be moved into,re- constructed, structurally altered, added to or enlarged, nor shall any land, building, or F-U o premises be used, designed or intended to be used, for any purpose other than a use U¢ _ listed in Sections 4, 5, 6, 7, 8 and 9 of this ordinance, or amendments hereto, as per- -m w = " miffed in the district in which such land, building or premises is located. F-F J 13 z a 2. No building shall be erected, nor shall any existing building be moved, re- „ O y _ g constructed, added to, enlarged or structurally altered to exceed in height the limit a y: o established by Sections 4, 5, 6, 7, 8 and 9 of this ordinance or amendments hereto for „t Q3 '_, the district in which such building is located. Z 7 3. No building shall be erected,nor shall any existing building be moved, struc- � 4 turally 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 con- E• ;, =o �o J % formity with the building-site requirements and the area and yard regulations estab- lished by Sections 4,5,6, 7, 8 and 9 of this ordinance or amendments hereto, for the dis- trict in which such building is located. J t ' 4. No yard or other open space provided about any building for the purpose � a •- of complying with the regulations of this ordinance,or amendments hereto,shall be con, �:x s g sidered 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. j a I3 1. One-family dwellings of a permanent character placed in permanent loca- 7 a == tions, together with accessory buildings. There shall be provided on each building site, garage space or automobile parking space for at least one automobile; 36 5 2. Farming, including all types of agriculture and horticulture except the fol- lowing- (a) commercial dairies, (b) commercial 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 a54 commercial scale, (d) hog- and other live-stock-feeding ranches and (e) ranches oper- y g \, / »M 95 ated publidy or privately for the disposal of garbage,sewage,rubbish or offal; y ,, ! r • t V a °' & 3. Flower and vegetable gardening; 3. 4. Nurseries and greenhouses used only for purposes of propagation and cul- ture and not for retail sales; IPublic parks,golf,swimming,tennis,polo and country clubs;and similar re- _� �l H z creational uses,but not including (a) yacht dubs,unless one of the front, back or side w. e. boundaries of the property on which said yacht club shall be established shall encnd to \\ red `, the high tide line of Newport Bay or of the Pacific Ocean; (b) any sport, athletic, re- creational,or amusement enterprise operated as a business or for commercial purposes; = n ` 'P • " 6. Home occupations, offices and studios, provided no advertising sign, mer- \ , chandisc, products or other material or equipment is displayed for advertising pur- ` t - 7' Q per; 7. Accessory buildings,uses and special uses as provided in Section 10; p ' ' �( �1 ) CL ' Y jJ 0 S. One (1) unlighted sign not exceeding six (6) square feet in area pertaining \\ P�j r s e only to the sale lease or hire of only the particular boil g,property or premises upon \ / �' e g�< a which displayed. No other advertising signs,structures or devices of any character shall \ ( / t o U u "G be permitted in any R-1 (Single-family) Residence District; _� ; i y / U y �s ZI W"�"u 4 9. Fences and hedges not over six (6) feet in height but not exceeding four i �_ (4) feet in height,where such fence or hedge is nearer the front lot line than the depth o t i of required front yard; 10. The following additional uses,subject to the issuance of conditional permits l " J l �' a -m therefor as prescribed in Section 11: / J / s <" (a) Public Utility Building; / / /f/ ` a u �O ' (b) Churches, museums and libraries; O �o/; a l / Aw _ C (c) Schools, colleges, public playgrounds and athletic field; ( / Q ,y �' J (d) Real Estate offices, (temporary). ( / Z��"/ 0 / Z (b) Building Height Two (2) stories and not to exceed thirty-five (35) feet except as provided in Sections 10 and 11. (e) Building-site Area Required 5 Except as provided in Sections 10 and lI the minimum building-site area for each / /- e W one-family dwelling in any subdivision of land with an elevation not greater than r i r y twenty (20) feet above U. S. Coast&Geodetic Survey Datum at Newport Ba here " e �" ' r W after made,shall be four thousand (4,000) square feet, and in any subdivision of land t t as o£ 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 record 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•fam- s fly dwelling shall be permitted upon any one (1) lot. 3 6 35 L O (d) Front Yard Required. Except as provided in Sections 10 and 11, no building shall be erected closer to the front property line than the distance shown upon the Districting Map, provided, 1 0;6s 8 E when no distance is shown, no building shall be erected closer than ten (10) feet from the front lot line. Distances shown on Districting Maps for front yard depth are to y / / i✓ R'f o be measured from the front lot line. d (e) Side Yards Required. ¢ n Except as provided in Sections 10 and 11, each side yard shall be not less than 14 three (3) feet wide on lots forty (40) feet wide or less, or four (4) feet on lots wider than forty (40) feet. N (f) Rear Yard Required. Except as provided in Sections 10 and 11, the depth of the rear yard shall be i not less than twenty (20) feet. ' U o SECTION 5. R-2 RESIDENCE DISTRICT: (for convenience ' H.LSY S e / _ v called Two-family). Z (a) Uses Permitted. IL m o- 1. All uses permitted in the R-1 District (Section 4) but under the same re. k' QO `8 V strictions, conditions and limitations as specified in Section 4. PI j N 9i clL G:i u=e 2. Two-family dwellings only as provided in paragraph (c) of this section; 3. Schools, churches,public playgrounds; Z a 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 e V LL which displayed. No other advertising signs, structures or devices of any character �\\ a 2 e @ 7 U a 0 shall be permitted in any R-2 (Two-family) Residence District; W _W a �15 ii• b � . � J m y e� 5. Subterranean drilling, slant drilling or whipstocking for oil, gas, tar, petrol ¢�= 4 eum or other hydro-carbon substances in and under that certain area in the City of o: - Newport Beach described as follows: kd [ O n E J/ %p m e y N a W R That certain area lying northwesterly of the southeasterly line of 53rd Street in a€: Y said city, and the northeasterly and the southwesterly prolongation of said southeasterly !'` w r line of 53rd Street, as said 53rd Street is laid out and shown upon a map of Ocean Fron: Z a? t Tract,recorded in Book 4,page 12 of Miscellaneous Maps,Records of Orange County, California, and a map of River Section, recorded in Book 4, page 25 of Miscellaneous Maps,records of said County; shall be permitted,provided that the actual drilling surface sites and the derricks N a ��e 1ror t 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 subterranean drill- ing ground ` � ✓"E "°'dam :, ° ` ' ing shall be at a vertical depth of at least 400 feet below the surface within the RpL Y N3LbYy� -- . T area mentioned and described herein. 6. 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 container ^N 'o Pry i•' on such site. °3 (b) Building Height Limit. t W . Two (2) stories and not to exceed thirty-five (35) feet, except as provided in $ doe Sections 10 and 11. is (c) Building-site Area Required. Except as provided in Sections 10 and 11, the minimum building-site area foi 34 7 4 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 here- after made, shall be four thousand (4,000) square feet, and in any subdivision of land with an elevation greater than twenty feet (20) above U.S.Coast&Geodetic Sur- vey Datum at Newport Bay hereafter made,shall be six thousand (6,000) square feet, / yV J� g ,y € 5 provided she�e minimum limits shall net apply to lots of less area if shone of record in !/ t /� e•, g the Office of the County Recorder before the effective date of this ordinance, and pm /� U vrided that on such lot an additional family or housekeeping unit may be added to such 10 %i g building for each one thousand five hundred (1,500) square feet of area of the same lot V �+ /y� I in excessof said minimum limits specified herein. One-or two-family dwellings will not j% I s a be permitted in any case where the building site provides less than one thousand (1,000) / 8L * " z square feet land area per family or housekeeping unit. (d) Front Yard Required. EN ` Except as provided in Sections 10 and 11, no budding shall be erected closer to y190 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. i 71E //%/ ' )///k: g} (e) Side Yards 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 aide or less,or four (4) feet on lots wider Q p than forty (40Reear Yard Required / U t. s s U. HE 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 u 3 '{ / ,s Z 1 g L�Q# 7. (g) Distance Between Buildings on Same Lot No dwelling or other main building shall be closer than ten (10) feet to any Ua ss 1 other dwelling or main building on the same building-site, and no detached accessory " ter" —m budding shall be closer than five (5) feet to any main building except as provided in " a Sections 10 and 11. ('� 4 SECTION 6. R-3 RESIDENCE DISTRICT: (for convenience called 1 "° `s d ` ��• —a yy f j 'e b Y a+ f• .. A 0 03 3t•i Multiple-family). c (a) Uses Permitted °, s ° `N r z 1. All uses permitted in R-1 and R-2 Districts (sections 4'and 5), but under same restrictions,conditions and limitations as specified in Sections governing same; b 2. Apartment houses, bungalow courts, dwelling groups, and multiple-family dwellings. a• ! f�j.' � •~� ` i F^O v V 3. Boarding and lodging houses; r 4. Lodges, fraternities and sonorities; 5. Eleemosynary institutions; 6. The following uses, subject to the issuance of conditional permits therefor as provided in Section 11: 1 W a ag (a) Apartment hotels; 'f A(ij� - o (b) Storage garages; P p' d J€ 6 7. There shall be provided on each building•site, garage space or automobile �� 4 7 parking space for at lease one automobile for each family unit or apartment contained Y fi 33 on such site, provided, that garage and parking space capacity for hotels and hospitals Oneed not exceed one-third (1/3) the number of guest rooms; 8. Signs not exceeding twelve (12) square feet in area, including lighted signs, 8 pertaining to nature and name of use of premises only. c „ (b) Building Height Limit. Two 2 stories and not to exceed thirty-five 35 feet, except as g" ( ) arty' ' ( ) P \\\ \ =g3 pro- vided in Sections 10 and 11. (c) Building-site Area Required. '2 1 �' yE / Except in the case of existing recorded lots having a smaller area as provided in Sections 10 and 11, the minimum building-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 building shall be erected closer to the front property line than the distance shown upon the district map, provided, when / / ' a*•' I /Y _ no distance is shown, no building shall be erected closer than ten (10) feet from the Av�� `°cw b Z front lot line. / / / ���/ y• �� A9 Q U a o (e) Side Yards Required. y 4 Except as provided in Sections 10 and 11, each side yard shall be not less than , b i W 2i a three (3) feet wide on lots forty (40) feet wide or less, or four (4) feet on lots wider than forty (40) feet. ¢SL:Z I (f) Rear Yard Required. Except as provided in Sections 10 and 11, no building shall be erected closer ~< o I ; than ten (10) feet to the rear property line of the building-site. �/ U w , J 0/ r° ^ A" , T,. c V' / �� m o' (g) Distance Between Buildings on Same Lot. e N9/ 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 y/ U " ` building shall be closer than five (5) feet to any main building, except as provided in y b•a. i• n �'IL o a Y CI a � Sections 10 and 11. b " bbM. Al l � Z = SECTION i. C-1 COMMERCIAL DISTRICT: (for convenience called Neighborhood Commercial). (a) Uses Permitted. b �k 1. All uses permitted in the R-1, R-2 and R-3 Districts, (Sections 4, 5 and 6), but under same restrictions and limitations as specified in Sections governing same. 2. The following retail stores, trades and services, together with advertising 7 t< t signs: •�rf°l � f W a� 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) gallons and / s five thousand (5,000) gallons of other petroleum products per 2,500 square W�s feet of lot area are stored, and provided further that no more than a total of ql W ten thousand (10,000) gallons of each of the above classes of petroleum products per block shall be stored upon property fronting upon or located within 100 feet of the waters of Newport Bay a ag Bakery, limited to retail sales on same premises Bank 32 9 Y' Barber Shop Battery Charging and repair O Beauty Parlor !/ Boat Sales&Rentals J Cafe-Cafeteria / s* •. Cigar-Tobacco stand Cleaning and Dyeing office (sponging and pressing only) Confection Store (no manufacturing) Dairy (no bottling) / q° Delicatessen Dining Room (public) r Dressmaking Shop (no factory) `' 7 `•\r f`� 0 3 EmbrSto oidery Shop Fire Station Flower Shopro Fruit Store Grocery Store �y / Hair Dressing Parlor t a Hardware Store y� _ Health Food Store �7 f u Hemstitching Store / Z A4 v J <0 Hospitals << " Q O Household Utensils or Goods `' // �$'� 'b ^�& :" $.a b g Ice Cream Parlor �/ �r f Laundry Agency Library, Rental Lunch Room ,.br, f= Z Magazines, Periodicals, News / ,c t ~,:b- D` a �y' -x h� Manicure Parlor E / r :" b f/k I-u g Meat Market ! // " o News Stand �% e c ; �� -W W ' a Notions, Sales ti a . fab a !rm F Police Station �/ 6 ,/ } 3 Poultry, dressed ''' Professional Offices Real Estate Offices / 0P v// ; Refreshment Stand j / j f/ "� 0" Service Station (see automobile service station) / /�o`�P �. rb ', :' ;.j 'F Z d=aT Shoe Shining Stand k // OQ Soda Fountain / Q // 1:rb f .A a " 6 i , Soft Drink Fountain �1� /% <b �. rb` s .• 6 Sponging and Pressing (no dry cleaning or laundering) dr Studios Theaters Tea Rooms / Vegetable Store gX •,w, / 118 a i 3. An other retail business or retail commercial ante y enterprise which is similar �. ••� �• j j% d /�� b �` 9 in its character of rendering neighborhood commercial service and is not more detri• /� a mental to the welfare of the neighborhood in which located,than any use listed above, j '/ : ' p but not including the following: Amusement Resorts /i//� 6 t Automobile Laundries + d Automobile-race tracks and motordromes Automobile-wrecking yards Bakeries F x Beverage Bottling 10 31 J Boat-Building and Repair Shops O Bowling Alleys Cleaning and Dyeing Plants :3: a Fender and Body-repair Shops Junk Yards 2 - c „ Laundries o:f = Lumber Yards Marine Railways or Dry-Docks + •°r• a =g��o Milk-Bottling and/or Distributing Roller-skating Rink P ' ° = a �y Salvage Yards F Sheet-metal Shops d 3 Shooting Galleries Storage Yard or Warehouse Undertaking or Mortuary Parlor y� Veterinary Hospitals Automobile Courts or trailer camps, except when located upon property abut- ting upon the State Highway or within 300 feet thereof, provided, however, that plans for all buildings shall be submitted to and approved by the °°• ' °°' a Planning Commission of the City of Newport Beach, before a permit shall °�• e Z be issued. IL i °?• P �� Q o 8 0 (b) Building Height Limit. Two (2) stories and not to exceed thirty-five (35) feet excxept as provided in ° WW Sections 10 and 11. (c) Building-site Area Required. y l I l l o /� °r P m P• L_ ° None, except as provided in Sections 10 and 11. hug € (d) Front Yard Required. a Ua None, except as provided in Sections 10 and 11. " (c) Side Yards Required. ' c None, except as provided in Sections 10 and 11. e d —a =E; o (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. ° z SECTION 8. C-2 COMMERCIAL DISTRICT: (for convenience 4 ,+� called General Commercial). 0fP (a) Uses Permitted. 1. All uses permitted in the R-1, R-2, R-3 and C-1 Districts (Sections 4, 5, 6, \ °- " 51 1► and 7), but under same limitations and restrictions as specified in Sections governing -¢ same. ,E •� o � 3. 5 § 2. Any business of a retail, service or wholesale type and any light manufac- turing using only electric power, not in excess of an aggregate of fifteen (15) horse- power, nor more than two (2) horsepower in any one unit, but not including the fol- lowing uses: w d= a Automobile Wrecking a a= Beverage Manufacturing or Bottling 2+¢a 3 Carpet-cleaning Plants Cleaning and Dyeing Plants x Fender and Body Repair Shops 30 11 Ice and Cold Storage Plants O Junk Yards Laundries i Lumber Yards Milk-bottling bot Plants Salvagek tlthazng� ✓ r —�� g Shea-metal Shops Shooting Galleries Storage of gasoline or Class"A"petroleum products in excess of a total of fiveSEg thousand (5,000) gallons and five thousand (5,000) gallons of other pe- e, troleum products per 2,500 square feet of lot area are stored, and provided fr der < . further that not more than a total of ten thousand (10,000) gallons of each t• �.; �� v +� // " ` of the above classes of petroleum products per block shall be stored upon property fronting upon or located within 100 feet of the waters of Newport y Wholesale Fish Markets. (b) Building Height Umit Except as provided in Sections 10 and 11, the maximum building height shall not exceed the width of the widest street upon which the building faces, except, how- J E«fFe ever, 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 occu- pying the entire butlding-site and of that maximum allowance height a ti' �/ // Q O $_ (e) Building site Area Required . 'rr�`` /// $v 9" a ! _- None, except as provided in Sections 10 8 11. - � � U _ (d) Side Yards Required. h�i` / 0 0 Z 1 None, except as provided in Sections 10 E3 11. "''" ♦ 0P �// �j (e) Bear Yard Required. None, except as provided in Sections 10& 11. SECTION 9. M-1 M aIMFACTURING DISTRICT: (for conven- to O 3 2 i r fence called Industrial). a / / —b a H (a) Uses Permitted. w 1. All uses permitted in R 1, R 2, R-3, C-1 and C-2 Districts (Sections 4, 5, / / z 6,7 and S) but under the same limitations and restrictions as specified in Sections gov- erning same. 2. Any use other than the following which are expressly prohibited: I Abattoirs fiey6 � ` `q 9tw C � Asphalt-mixing, refining and -storage plants ° s f Bag Manufacturing and Cleaning �+ _ �Jpes° z, ' Blast Furnace `l t ' / // z za zo xg Boiler Works w o•—" " x o za ¢ e Breweries Coke Ovens -""•��/.s- � �; t ti N r t - Cooperage Works Cordage Mills ' 4 W" `H Crude oil handling and/or transshipping Distillation of coal, wood or bones IY/ Distillation of liquor or spirits e u Fat Rendering I 1 7da1 v3� c ti Fertilizer Works —� r Fish Curing and Grinding 12 29 Fish Canneries and/or reduction plants Foundries. = Fur or bide curing and tanning as r Incinerator, commercial _ o aj g Junk Yards $ Manufacturing of: $; 8 H 3 0 ( Acids Aluminum 1\\ moo = Ammonia 41H>iy�` \ , ,° n s Ammunition 3 54 a v Aniline Dye b \\v Asbestos products g ; L = Asphalt Bleaching Powder :i„b Bricks " Cans Caouthchouc products Carborundum products Casein products Celluloid Z W Cement EL it Chalk 2 UI .2 `:o°^.:�, pi' y'a' a `'d'°° °• `'"' rd°' 9.; Q O Charcoal Il� c s. �b rd. lO. P d•`b °.° b b r GLL g:a Cheese>� is r rb d d ¢ e Chemicals i2 ° Cottonseed Oil Disinfectants Felt Fertilizer /6`yf' b• r b r , o Fireworks i O a _ o Graphite Z rd "2d�p�'j0 °•' �. 6' rd+ rd'O P i m S Grease and Tallow Gunpowder t erdr bd d 2d •rb d 6/ 1 ¢ ;n= s Gutta-Percha Gypsum O y: d u 5 o Hides ��pS�"'b r d0 • 4 r b r / �' €'a E Kalsomine Lampblack Lard Lime r° Linseed Oil Malt Products ,r Matches ;e,rbab ���� Oilcloth t Oleomargarine s tI Ordnance / °' ra" �.• w , Oxygen gas * S a Paint and Lacquer p! �1� W Paper and Paper Pulp Pickles Plaster of Paris p, _ Potash d q $ Printing Ink s Pumice g Rope Rubber Salt 28 15' �I Sauerkraut Sausage ON Shellac and Varnish G Shoddy Size and Glue Qj € Snuff t $ Soap Soda and Washing Compound R d Soda Ash — li Stove Polish Tar Tar Paper �� a Tar Products Tires • ' a K' Turpentine Vinegar Waste-paper Products f r White Lead �; E Wood Pulp fi.r ��� a Yeast Zinc Products a Z > OOil il Defiling—except as specified in Section S r O Refuse Incineration and Reduction j /" e a + J a Rock Crushing Q c' 952 Ns �5 Rolling Mills � :> V, u � ` Shell Grinding - Smelters Stockyards <• a < Tanneries ^- �r a ^,Frog /:.� VQ I Terra COtta �` _W W Tile 4 / r r �m €V Wool Scouring and Pulling o '+ (b) Building Height Limit. /1> : 0 in a Y Except as provided in Sections 10 and 11, the maximum building height sball not exceed the width of the widest street upon which the building faces,except,however, �/' ' , W that towers or portions of any building may exceed the above maximum height limit pro- p ,, Z 1 vided the total cubage of the building does not exceed that of a structure occupying the entire building-site and of that maximum allowance height. �• o t , (e) Building-site Area Required. J 6 0 v o None, except as provided in Sections 10 & 11. J e' � (d) Front Yard Requited. None, except as provided in Sections 10 & 11. (e) Side Yards Required y G s 3 None, except as provided in Sections 10 f3 11. Y' (f) Rear Yard Required. WS ! None, except as provided in Sections 10 E? 11. g g ! SECTION 10. GENERAL PROVISIONS AND EXCEPTIONS a y The foregoing regulations shall be subject to the following exceptions: (a) Uses- 14 2y i J The following accessory uses, in addition to those hereinbefore mentioned, shall Obe permitted in any district,provided that such accessory uses do not alter the character of the premises in respect to their use for the purpose permitted in such respective dis- ` tricts: N jig 1. The renting of rooms and/or the providing of table board for not to exceed 3� c five (5) paying guests in a dwelling as an accessory use to that of its occupancy as a dwelling of the character permitted in the respective districts; -•_ �o z95$8 2. The operation of necessary facilities and equipment in connection with u6_ r schools, colleges;universities, hospitals and other institutions permitted in the respective districts; t d Qe o¢ `€ 3. Recreation, refreshment and service buildings in public parks, playgrounds and golf courses; N r =_ '_• 4. Real-estate offices of a temporary character when built according to plans and in locations approved by the Planning Commission. R i ♦ s =�p 4 !f (b) Height. �.�_° _• iry.�e a °e s� =�w�G � ry 2.�Y , a 1. Towers, gables, spires, penthouses, scenery lofts, cupolas, water tanks, silos, z covering not more than 10% of the ground area of buildings, at base thereof, artificial a X g W windbreaks, wind mills and similar structures and necessary mechanical appurtenances ti ti p o M1 / a `g a 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 tom- s y l O mercial purpose other than such as may be incidental to the permitted uses of the le ° �hry^ibbO` A `o4�f+ Ur - Z I oaU = main building. 2 Where the average slope of a lot is greater than one (1) foot rise or fall in F E E_U g seven (7) feet of distance from the established street elevation of the property line, an U¢ additional story will be permitted on the downhill side of any building. ��r¢¢• Fri u 5� ti r. ( �'m W W e 9 (e) Area Exceptions. J e° e� • ` e" ! Q i � _ 1. In any R-1 (Single-Family) Residence District or R-2 (Two-Family) Resi- A o ti• / O W; « dence District,any lot having an area less than four thousand (4,000) square feet of re- IL o cord or for which a valid contract of sale is in force at the time of passage of this ordi- nance or which is shown upon any subdivision map approved for record by the City z I 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: J f (a) Except as provided herein the minimum front yard depth shall be as shown o tee ; p F 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; t (c) The minimum rear yard depth shall be ten (10) feet. �y� W 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. o` 3. Where the front yard line shown upon the map or provided in this ordi- nance is twenty (20) feet or less the front yard requirements on a key lot shall be one- half (a/2) 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 26 15 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 (2/3) of the depth so provided or shown upon said map. For the purpose of thisparagraph,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. ; I 4. Front yard regulations,as established by this ordinance,shall not be effective on any street or block where a building set-back line has been established by deed re- strictions, provided such regulations are of record and in force at the time.this Ordi- nancebecomes effective, and provided such regulations are applicable to 100,0 of the �{ x t x t lots in any such block. 5. In computing the depth of a rear yard from any building where such ZE a yard opens upon an alley,one-half (; ) of the width of such alley may be deemed to be 4� a portion of the rear yard. Q 6. No detached accessory building may exceed two stories in height, nor may - e. it occupy more than two-thirds (2/3) of the area of a rear yard, and no portion of the Z Z : O I first story thereof shall be closer than ten (10) feet to the centerline of an alley, and 0. (x ioz no portion of the second story shall be closer than seven and one-half (7%) feet to the W _• �Ti 't centerline of an alley. Q jy, 7. Where an accessory building is attached to and made a part of the main building, at least thirty (30) per cent in the length of one of the walls of such acces• -j �z sory building shall be an integral part of the main building and such accessory building d shall comply in all respects with the requirements of this ordinance applicable to a main �a V uo building. An accessory building,unless attached to and made a part of the main build- �J =n a ' y ing as above provided for,shall be not closer-than five (5) feet to the main building. z w� Q z t s a V St o S. Detached or attached accessory buildings in Districts R-1,R-2 and R-3,may _ - o; ; _ ; •1 W conform to the following regulations as to their locations upon the lot; E. U 100 X o (a) Where the slope of the front half of the lot is greater than one (1) foot riseU F p s j 1 W 9 or fall in a four (4) foot run from the established street elevation at the property line; _ o Z a y (b) Or,where the elevation of a lot ten (10) feet from the front property line u o o is six (6) feet or more, above or below the established street grade at the property line, L ( o o a private garage not more than one story above the street grade may be built to the F uu =`o IL o street and side lines. Ix O U) t< 4 a =>atu 3 a c 9. In the case of a comer lot abutting upon two (2) streets,no accessory build- Q <gma z O y 1 t� ing shall be erected,altered or moved so as to encroach upon the front half (1/) of such owa� ° 4 lot, or closer than the front yard requirements of the adjacent key lot. 4aFoz y 10. Cornices,canopies,eaves or any other architectural features may extend into the front yard for a distance of not to exceed two (2) feet, six (6) inches. F Z zg A land place or uncovered porch may extend into the front yard to a distance of Gz w, six (6) feet across one-half (a/�) W3� s �0 4 % n_the width of the lot,measured from the front line of e.a-uk the building, provided that such landing place or porch shall have its floor no higher NE91, 1 O than the entrance floor of the building. Stairs leading from the ground to said landing s Nu$ a 8 c place or porch may project beyond said sic (6) feet. An open work railing no higher � ntihi s than three (3) feet may be placed around said landing place or porch, but not around a uaz W the stairway leading thereto. iE 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 16 25 � J The above and foregoing Ordinance was introduced at a regular meeting of the more from the center line of an alley, no,portion of the second story of a building City Council of the City of Newport Beach held on the 5th day of July, 1943, and was shall be closer than seven and one-half (71/2) feet from the center line of said alley. 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: SECTION 11. VARIANCES AND CONDITIONAL PERMITS. AYES, COUNCILMEN: Kirk, Isbell, Reed, Hall. The City Council,after receipt of a report and the recommendation of the Plan NOES, COUNCILMEN: Allen. ning Commission in each case, as hereinafter provided, shall have the power to grant ABSENT, COUNCILMEN: None. adjustments and variances in the application of provisions of this ordinance and to au- ATTEST: thorize the issuance of conditional permits for the following purposes: FRANK L.RINEHART, t 1. To authorize under such conditions as the Planning Commission may pres City Clerk. scribe the issuance of permits for the use of lots in any subdivision pending the amend- ment of district boundaries within said subdivision in accordance with recommendation The above and foregoing Ordinance is signed and approved by me this 2nd of the Planning Commission, provided the map of such subdivision has been approved day of August, 1943. by the Planning Commission and the City Council subsequent to the passage of this CLYAN H. HALL ordinance and is duly recorded in the office of the County Recorder of Orange County; Mayor of the City of Newport Beach. Published August 12, 1943. 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 Dis- tricts 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 conditions being specified as follows: (a) Public utility buildings and structures,upon condition that plot and exter- ior 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 ap- proved by the Planning Commission; (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 isigned by the company or agent, and (2) building plans be approved by the Planning Commission. (f) High-voltage power-transmission Imes, upon condition that the location plans be approved by the Planning Commission 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 maintain 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 location and building plans be approved by the Planning Commission. 5. To permit the reconstruction and/or remodeling of a non-conforming build- ing in accordance with plans and specifications approved by the Planning Commission 24 17 I where in the judgment of said Commission such reconstruction and/or remodeling will, Any person,firm or corporation, whether as principal, agent, employee, or oth- in the matter of front, side and rear yards, structural character and exterior appear- ertvise, violating any provisions of this ordinance shall be guilty of a misdemeanor and, ante of said building,make said nonconforming building safer and more healthful and upon conviction thereof, shall be punishable by a fine of not more than three hundred bring S and its subsequent uses into fairer conformity with its surroundings. dollars ($300.00), or loy imprisonment in the City jail for a term not exceeding three Application for an ermis role variance of r��iilations or for any (3) months,or by both such fine and imprisonment. Such person,firm or corporation pp y P S shall be deemed guilty of a separate offense for each and every day during any portion permit as provided for herein shall be mado to the Planning Commission in the form of which any violation of this ordinance is committed,continued or permitted by such of a written application for a permit. Said application shall be accompanied by: person, firm or corporation and shall be punishable as herein provided. (a) Complete plans and description of the property involved and the proposed Any building set up, erected, built, moved or maintained and or any use of use with ground plans and elevations of all proposed buildings; property contrary to the provisions of this ordinance shall be and the same is hereby b Evidence, -satisfactory to the Planning Commission, of the ability and in- declared to be unlawful and a public nuisance,and the City Attorney shall, upon order ( ) rY b n tY of the City Council,immediately commence action or actions,proceeding or proceedings, tention of the applicant to proceed with actual construction work in accordance with for the abatement,removal and enjoinment thereof in the manner provided by law and said plans within sic (6) months after issuance of permit. shall take such other steps and shall apply to such court or courts as may have jurisdic- Upon receipt in proper form of any such application, the Planning Commission tion to grant such relief as will abate and remove such building or use and restrain and shall post said application and all maps,plans and other accomanying material in its of- enjoin any person, firm or corporation from setting up, erecting, building, moving or fices for public inspection for a period of not less than one (1) week and shall hold a maintaining any such building or using any property contrary to the provisions of this public hearing thereon,notice of which shall be given by one (1) publication in a legal ordinance' newspaper circulating in the particular section of the city affected by said application. All remedies provided for herein shall be cumulative and not exclusive. At said hearing the applicant shall present a statement and adequate evidence, in such form as the Planning Commission may require,showing: SECTION 2L SALE OF COPIES. (a) That there are special circumstances or conditions applicable to the pro- Copies of maps, chart, plats and other descriptive matter regarding the h4as_ter perty referred to in the application,which do not apply to other property in the neigh- Plan as made and provided for in this ordinance may be sold by the Planning Commis- borhood. sion of said City at the uniform charge as established by the City Council, and all (b) That strict enforcement of the regulations of this ordinance would cause moneys received therefrom shall be paid into the City Treasury as provided by law. unnecessary hardship or practical difficulties, the granting of the application is neces- sary for the preservation and enjoyment of substantial property right: SECTION 22. REPEAL. (c) That the granting of such application will not materially affect the health That certain Ordinance No. 440 entitled "AN ORDINANCE ESTABLISH, or safety of persons residing or working in the neighborhood and will not be materially ING LAND CLASSIFICATIONS AND DISTRICTS WITHIN THE INCOR• detrimental to the public welfare or injurious to property or improvement in the neigh- PORATED TERRITORY OF THE CITY OF NEWPORT BEACH AND REGU- borhmod. LATING THE USES OF PROPERTY THEREIN,ADOPTING A MAP OF SAID DISTRICTS, DEFINING THE TERMS USED IN SAID ORDINANCE, PRO, If the Planning Commission finds that detriment or injury to the neighborhood VIDING FOR THE ADJUSTMENT, ENFORCEMENT AND AMENDMENT will not result from issuance of a permit as applied for,it may approve said permit and THEREOF AND PRESCRIBING PENALTIES FOR ITS VIOLATION," as transmit the same, together with the complete report of it findings and recommenda- amended,is hereby repealed,subject,however to the exception that all provisions of this lions, to the City Council for approval and endorsement. In the event the Planning ordinance shall be construed as continuations of the provisions thereof,and not as a new Commission disapproves any such application, no permit shale be issued therefor ex- enactment,and the same shall be considered as having been continuously in effect since cept upon order of the City Council passed by a four,fifths (4/5) vote of all members the adoption of said ordinance No. 440. The effective date of this ordinance shall be thereof. In approving any variance or recammending the issuance of any conditional construed to be the effective date of said Ordinance No. 440 insofar as the provisions permit under the provisions of thi n s section, the Planning Commission shall designate g, hereof are a continuation of the provisions of said Ordinance No. 440 and no use such conditions in connection thcrewith as will, in it opinion, secure substantially a which was being conducted in violation of Ordinance No. 440 shall become a valid the object of the regulation or provision to which such variance is granted or provide nonconforming use by reason of the re-enactment of the provisions of said Ordinance. adequately for the maintenance of the integrity and character of the district in which All other Ordinances of the City of Newport Beach in conflict herewith are hereby re- such conditional permit is granted and shall provide the Building Inspector with a copy pealed. Any uses being conducted under Certificates of Use and Occupation granted of the same. under said Ordinance No. 440 shall be considered as nonconforming uses if located Where necessary, the City Council may require guarantees, in such form as it in district where such use is not permitted hereunder. 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 SECTION 23: ENACTMENT. authorized to make a uniform charge not to exceed ten dollars ($10.00),payable to the This Ordinance shall take effect thirty (30) days from and after its adoption City Clerk,to partially cover the cost of making maps,sending out notices and other m' and, after it adoption, shall be published at least once in NEWPORT•BALBOA cidental administrative expenses involved in any petition for a variance or conditional NEWS-TIMES, a semi-weekly newspaper printed and published in the City of New. permit,said charge being due and payable at the time of filing the application for per- port Beach,said publication to be made not later than ten (10) days from it adoption. mit. =$ 23 o J SECTION 18. COMPLETION OF BUILDING. SECTION 12. NON-CONFORMING USES. Nothing herein contained shall require any change in the plans, construction or The lawful use of land existing at the time of the passage of this ordinance, al- designated use of a building for which a building permit has heretofore been issued and though such use does not conform to the provisions hereof, may be continued, but if upon which actual construction has begun. such non-conforming use is discontinued any future use of said land shall be in con- Actual construction is hereby defined to be the actual placing of construction formity with the provisions of this ordinance. materials in their permanent position fastened in a permanent manner, except that k The lawful use of a building existing at the time of the passage of this ordinance where a basement is being excavated, excavating shall be deemed to be actual construc- may be continued, although such use does not conform with the provisions hereof, and tion,or where demolition or removal of an existing building has been begun preparatory such use may be extended throughout the building provided no structural alterations, ex- to rebuilding such demolition or removal shall be deemed to be actual construction, pro- y cept those required by law or ordinance, or by reason of public health, safety or sani- vided in all cases that actual construction work be diligently carried on until the comple- ■ tation, or permitted under Section 11 of this ordinance, are made therein, If no struc- tion of the building, tural alterations are made, a non-conforming use of a building may be changed to an- other non-conforming use of the same or more restricted classification. SECTION 19. AMENDMENTS AND CHANGES OF DISTRICT If at any time any building in Districts R-1, R-2, R-3, Gl and C-2, which does BOUNDARIES. not conform to the regulations of the district in which it is located shall be destroyed The City Council of the City of Newport Beach may from time to time, by fire, explosion, act of God or act of the public enemy, to the extent of more than after report thereupon by the Planning Commission and after public hearings as re- the assessed value thereof, according to the assessment thereof by the Assessor of the quired by law, amend,supplement or change the regulations and districts herein or sub- city of Newport Beach, for the fiscal year during which destruction occurs, then and sequently established. An amendment, supplement or change may be initiated by the without further action by the City Council, the said building and the land on which City Council,by the Planning Commission or by petition of the property owners. said building was located or maintained, shall from and after the date of such de- struction be subject to all regulations specified by this ordinance for the district in which Whenever the owner of any land or building desires a reclassification of his such land and building are located. 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 If at any time any building in District M-1,which does not conform to the regu- for such property. The City Council shall refer the petition to the Planning Commis- lations for that district, shall be destroyed by fire, explosion, act of God or act of the sion for such hearings as may be required by law for amendments, extensions or addi- public enemy,to the extent of more than 75 go of its appraised value at the time of such tions to the districting plan, for recommendations upon the boundaries of the district to damage, as fixed by the General Appraisal Company of Los Angeles, 'California, or be changed and such other matters as may be related to said petition and shall take final other equally responsible concern,then and without further action by the City Council, action upon said petition within riinety (90) days after the filing thereof. the said building and the land on which said building was located or maintained, shall The City Council, after receipt of report and recommendation from the Plan- I from and after the date of such destruction be subject to all the regulations specified by ning Commission, shall hold a final hearing thereupon, duly advertised as required by this ordinance for the district in which such land and building are located. law. If at the time of the final hearing before the City Council a protest against such If the question shall arise as to whether or not said building has been de- amendment, supplement or change is presented duly signed and acknowledged by the stroyed to the extent of more than 75ofo of its appraised value, then the matter shall be owners of twenty (20) per cent or more of the area for which a change of classification left to the City Council for determination and the judgment and determination of the is requested or proposed, or by the owners of twenty percent (20%) or more of the City Council shall be final thereon. 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 The foregoing provisions shall also apply to non-conforming uses in districts thereof, no such amendment, change or supplement shall be adopted except by a four- hereafter changed. fifths (4/5) vote of the full membership of the City Council. In every case in which, under the provisions of any ordinance of the City of The Planning Commission is authorized to make a uniform charge not to exceed 1 Newport Beach or any statute in effect at the time this ordinance takes effect, a li- twenty-five dollars ($25.00), payable to the City Clerk, to partially cover the cost of tense or permit is required for the maintenance of any structure or the establishing, making maps, sanding out notices and other incidental administrative expenses involved r maintaining and/or conducting of any business use, and any structure or business use in any petition for a change in these regulations, said charge being due and payable at exists as a non-conforming use under the provisions of this ordinance, then no such li- the time of filing any petition or request for change. tense or permit shall be authorized, issued, renewed, re-issued or extended for said busi- ness use unless and until a use and occupancy permit shall first have been secured for SECTION 20. ENFORCEMENT, LEGAL PROCEDURE, PENAL- the continued maintenance of said structure or use. TIES. SECTION 13. INTERPRETATION, PURPOSE AND CONFLICT. It shall be the duty of the City Building Inspector to enforce the provisions of In interpreting and applying the provisions of this ordinance, the shall be held this ordinance pertaining to the erection, construction, reconstruction, moving, con- to be the minimum requirements for the promotion of the public safety, health, conven- version, alteration or addition to any building or structure. ience,comfort,prosperity or general welfare. It is not intended by this ordinance to in- It shall be the duty of the Police Department of the City of Newport Beach and terfere with or abrogate or annul any easements, covenants or other agreements be- of all officers of said City otherwise charged with the enforcement of the law to enforce tween parties, provided, however, that where this ordinance imposes a greater restric- this ordinance and all the provisions of the same. lion upon the use of buildings or premises or upon height of buildings or requires larger 22 19 space than is imposed or required by other ordinances, rules or regulations or by case- SECTION 16. PLANS. ments, covenants or agreements, the provisions of this ordinance shall govern. 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 lo- SECTION 14. BUILDING PFRIKITS. cation of the building or buildings on the lot,accurate dimensions of budding and lot and such other information as may be necessary to provide for the enforcement of this Before commencing any work pertaining to the erection, construction, recon- ordinance. struetion,moving, conversion, alteration or addition to any building or structure within l any district shown upon the district map of the City of Newport Beach duly adoptedy} SECTION 17. APPROVAL OF LANDS. 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 ; Before any building which is designed or intended to be used for commercial owner or his agent for said work, and it shall be unlawful to commence said work purposes is erected, constructed, altered or moved within a C-I, C-2, or i f-1 District until and unless said permit shall have been obtained. upon property abutting any Primary or Secondary State highway, major traffic thor- oughfare,or Class"A"county road as shown upon any Official Highway Plan of the The issuance of a building permit under the authority of this and/or any other City or County, drawings or sketches showing the exterior elevations of the proposed ordinance of the City shall not be deemed or construed to permit or authorize any vio• building or structure, the types of materials and colors to be used and signs to be dis- lation of any of the provisions of this ordinance or amendments thereto or of any other played shall be filed with the Planning Commission and shall be approved by said Plan. ordinance or law. ning Commission or its designated agent before any permit for the construction of said building shall be issued. SECTION 15. CERTIFICATES OF USE AND OCCUPANCY, 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 No vacant land in any district established under the provisions of this ordinance the plans conform to the general architectural requirements established for the district shall hereafter be occupied or used except for agricultural uses other than livestock in which the building is to be located. The Building Inspector shall act upon all such farming or dairying,and no building hereafter erected,structurally altered or moved in plans within thirty (30) days after their receipt, and failure to notify the applicant of any such district shall be occupied or used until a certificate of use and occupancy shall disapproval of said plans within such period,unless the applicant consents to an exten- have been issued thereof by the City Building Inspector sion of time,shall constitute approval of the plans in so far as this section of this ordi- Application for a certificate of use and occupancy for a new building or for an nance is cone. existing building which has been altered or moved shall be made at the same time as the For guidance of the Building Inspector in passing upon all plans submitted in application for a building permit. Said certificate shall be issued within three (1) days compliance with this section,the Planning Commission shall by resolution duly recorded after a written request for the same shall have been made to the said Building Inspector in its minutes adopt certain general rules and after the erection, alteration or moving of such building or part thereof shall have been tectural drawingsshowin deirable standards d es O specifications d such illustrative s and g tap design,materials, colors and completed in conformity with the provisions of this ordinance. Pending the issuance styles of signs and lettering as will provide a basis and guide for the approval of plans of such a certificate,a temporary certificate of use and occupancy may be issued by the for proposed buildings in each C-1, C-2, or M•1 district. The Planning Commission said Building Inspector for a period of not exceeding six (6) months during the comple- shall appoint and designate one of its members as chairman of an unofficial architectural tion of alterations or during partial occupancy or use of a building pending its comple- advisory committee of three ( , two of whom shall be registered 3 tion. Such temporary certificate shall not be construed as in any way altering the re- ) ealf architects to cooper- spective rights, duties or obligations of the owners or of the City relating to the use or ate with the Building Inspector and to serve with him in behalf the Planning Com• occupancy of the premises or any other matter covered by this ordinance, and such mission in passing upon architectural plans filed as required herein. temporary certificate shall not be issued except under such restrictions and provisions as In reviewing and judging such plans, the Building Inspector shall give primary will adequately insure the safety of the occupants. consideration to the general rules, specifications and official illustrative material de- signed by the Planning Commission as-controlling with respect to the particular district 9 in which the proposed building is to be erected, constructed, altered or moved. If the vacant land o fora 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 put-be Inspector acting as agent of the Planning Commission and after consultation poses other than live-stock farming or dairying. Such certificate of use and occupancy with the architectural advisory committee disapproves any plan, he shall immediately shall be issued within three (3) days after the application therefor has been made,pro- file said plans and a statement of his reasons for disapproval with the secretary of the vided such use is in conformity with the provisions of this ordinance. Planning Commission. The Planning Commission, not later than its first regular meet- ing thereafter, shall either approve said plans or any revision thereof and direct the Every certificate of use and occupancy shall state that the building or proposed Building Inspector to issue a permit for the building in question, or disapprove the use of building or land complies with all provisions of law and of this ordinance. A re- plans. cord of all certificates of use and occupancy shall be kept on file in the office of the said In case of final disapproval by the Planning Commission of any plans submitted Building Inspector and copies shall be furnished on request to any person having a pro- in compliance with this section, copies of the plans with the findings of the Planning prietary or tenancy interest in the building or land affected. No fee shall be charged Commission and reasons for their disapproval attached shall be filed immediately with for a certificate of use and occupancy. the Clerk of the City Council, and said City Council at its next regular meeting shall No permit for excavation for any building shall be issued before application has either approve said plans and order the issuance of a permit for the building in question been made for a certificate of use and occupancy. or return the plans to the applicant with a statement indicating the reasons for disap- proval. 20 21 J