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HomeMy WebLinkAboutARCHIVE_ZONING_REGULATIONS_02_1950 021950 ,"' �-•' • (ADOPTED BY RESOLUTION N0.44763) CITY .OF NEWPORT BEACH - OFF-STREET PARKING STANDARDS MINIMUM DIMENSIONS OF PARKING SPACES AND AISLES t "A,i "Bl, 1pC5r "D" "E„ ANGLE WIDTH DEPTH OF SPACE WIDTH WIDTH OF SPACE OF OF PERPENDICULAR OF PARALLEL PARKING SPACE TO AISLE AISLE TO AISLE�' . 300 81-611 16.44' 10' 17' 20 8f-6„ Ia.7I 11 ' 12' 60' 8'-6" 19. 1 18, 9.81 900 8'-61 18' 26, .5t 3300 9''-o" 16.8, 9' 18' 450 9'-01t 19. 1 ' 111 12.7' 600 9t-o" 201 171 10.44' 900 91-011 18, 244' 91 I. PARKING SPACES PARALLEL TO A PROPERTY LINE SHALL BE NOT LESS THAN 81-0" BY 221-0" PER VEHICLE. 2. SPACES SHALL BE MARKED WITH APPROVED TRAFFIC MARKERS OR PAINTED WHITE LINES NOT LESS THAN 44" WIDE. iI 3. AISLES AND ENTRANCES INTENDED FOR TWO—DIRECTIONAL TRAVEL SHALL BE NOT LESS THAN 201 WIVE. 44. PARKING LOTS AND AREAS SHALL BE PAVED WITH ASPHALT, PLANT MIX' CONCRETE OR OTHER 1 STREET SURFACING MATERIAL OF A PERMANENT NATURE. l 5. PARKING LOTS AND AREAS SHALL BE GRADED AND IMPROVED SO THAT SURFACE WATER- DRAINS L DIRECTLY FROM T9E PARKING LOT OR AREA INTO A STREET, ALLEY OR APPROVED DRAINAGE STRUCTUREo 6. PARKING LOTS SHALL BE SO DESIGNED THAT CARS LEAVING// THE LOT WILL NOT BE PERMITTED TO BACK OUT ON THE PORTION OF STREET RIGHT—OF—WAY 1=XCEPTING ALLEYS? USED FOR VEHICULAR TRAVEL. ' 7. DIRECT ACCESS TO PARKING SPACES WILL BE PERMITTED FROM: ALLEYS PROVIDING NOT OVER 10 FEET OF THE ALLEY RIGHT-OF—WAY IS USED FOR' THE REAR PORTION OF THE REQUIRED AISLE WIDTH AND PROVIDED THE SPACES ARE SET BACK FROM THE ALLEY THE MINIMUM DISTANCES SHOWN IN THE FOLLOWING TABLES ALLEY WIDTH MINIMUM SETBACK 15'"O' OR LESS 51-011 15'-1" TO 19'-II" 3'-9t1 20'-0" OR MORE 2'-6t1 ( 8. DIRECT ACCESS TO PARKING SPACES WILL BE PERMITTED FROM STREETS PROVIDING THE ALLOWABLE CURB OPENING IS NOT EXCEEDED AND PROVIDED THE SPACE IS SET BACK A MINIMUM OF 21-0" FROM RIGHT OF WAY LINE. - 1 SMEEr -4 Q I I Q I --I J I W i I I c PH o c w �,avEo SURFdCE 5N UMPERS RED/REO ON ALL EXTER/02 SAKES EXCEPT ohl l/ l,PE.4 /NgLL ow OTFJ62 PNyS/C.OL 3g42/EQ I PRE!/E.V7S ANy ENGPDACFIMENT FSEyONO PRoaEary �/NE. 1 I MARKED SPACES MARK/NG A10T REQV11225-0 I Q V I � L I ,4C LEY �q N/NPGONNG�1 ?NNG REGU�4T%ONs PEC/F/ED CITY OF NEWPORT BEACH DRAWN CL/G DATE PUBLIC WORKS DEPARTMENT APPROVED PARKING LOT ASS . P BLIC WORKS DIRECTOR Rw R.E. NO. 9559 STANDARDS DRAWING NO. M-5002-L 1 • _ V�q ` V /8.7' 45 � . 45•� 9'x /8' ST4LG 8.5'x/9'S7.41-1- °� my a 'o ` N N� /6' /9.8' /, 15.6211 115.952 1 /8' 1 /9.8' ¢,76' 4.26' Be, 600 60 9'X/8' STALL 8.5'X/8'S744L NOTE: SEE OR.4W/N6 NO. IW-50004 FOR ,BUMPER, MARK/NG 41VO SETBACK PEOU/REMENTs. CITY OF NEWPORT BEACH DRAWN DATE PUBLIC WORKS DEPARTMENT APPROVED , AMRK/N6 LOT 5MNOARDS AS57. PUBLIC WORR.E.KS DNOE/2O0` rYPICAL IaERRiNGBONE LQYour DRAWING NO. Al.500,3 -L .: 0 1 Ld N �I P,,?OPE2TY L/NES P/IOPE2TY L/.(/ES 90°. 60° .O QOPE2TY ONES � /IO�E/?TY L/NES 45° 30' NOTE. SEE 02OW/N6 NO. M-5002-4 FO2 6410RER) MWM6 4MD Sb7*B4C-' /1EQ!//�IEMENTS. CITY OF NEWPORT BEACH DRAWN DATE /2-3-452 PUBLIC WORKS DEPARTMENT APPROVED PARKING LAT STANDARDS qS T UBLIC WORKS DIRECTOR R.E. NO. 963'7 TYPICAL LAYOUTS FOl2 9.01 SPACES DRAWING NO. M-6004- L 451— � 2 9B' \ ' o 0 ITT 1� N � PROPEIZTY LI/UES PPOPE,PTY LINES 900 60° 21 a �.. PQOPEQTY LINES /�POPE2TY LINES 45' 30 ° NOTE: SEE OeMIXIO N0. IV-5'002-4 F01d 901WIDE2, 1Wj1?1!/NG A,Vg SE784CK AEQU/1IEM!51M- CITY OF NEWPORT BEACH DRAWN L4-, DATE 40-ep2 PUBLIC WORKS DEPARTMENT APPROVED PARKING LOT STANDARDS \ � �DIRECTOR � A T. UBLIC WORKS R.E. N0. 9537 TYPICAL LAYOUTS FOR 8.5' SPACES DRAWING NO. M - 5005 - L i DA rUM PL AME Cl-14.y r OFF/C/AL AND HYDRO- COS74 MESA C/TY 01?ANGECO. 644AV/C OLD C/TY C/TY DATUM(/J DAT!!A' DATUM Z 0.4TL/M(3) 44MA-1 HIGHEST T/DE 4.8 4.8 7.5 /06.6 5.4 (ESTINIATEDJ MEAN HIGHER 2.67 2.57 5.30 104.37 3.17 HIGH WATER MEAN MGM (4) 4.60 WATER HALF TIDE (5) 2.75 LEM MEAN SEA LEVEL 0.0 0.0 2.73 102. 02 t 0.60 DATUM OF1929 MEAN LOW 0.90 WATER MEAN LOWER - Z 73 -0.73 0.00 99.11(3) - 2.13 LOW WATER LOWEST 710E _5 2 -5.2 -Z.5 97.6 -4.G (EST/MATED) NOTES (1) BASED ON ORDINANCE NO. 994. (2) BASED ON T/DAL QEADINGS AT•BALBOA OCEAN P/E/d (SEE U.S.S.C. s`G.S. DATA FOR OTHER 71D41- READ/LAGS /N AND AROUND NEWPORT 114RB0R.) (3) BASED ON O=INANCE NOS. 623 ¢//4 (THE CONMERSMAI FACTOR OF 99// HAS .BEEN/N GENERAL USE FORA NUMBER OF YEARS AND /S ASSUMED TO Be CORRECT.) (4) -ALSO DEFERRED M AS ORDINARY AVON T1,OE. (5) ALSO REFERRED TO AS MEAN T/DE LE!/EL. _25 6s eGo. CITY OF NEWPORT BEACH DRAWN DATE 3-22-62 PUBLIC WORKS DEPARTMENT APPROVE DATUM PLANES ASS 7 UBLIC WORKS DIRECTOR R.E. N0. DRAWING N0. / 5009-G • Y TABLE 'OF CONTENTS I SECTION. 1' Paae 9101.'0 Purpose ......... ......... . ... . .... ...........e.... ........... ..0....0. 104 9102.0 Districts .. ............ ...... ................................... ...... 104 9103.0 R-A Agricultural-Residential District Regulations....... ..'.'... ... 104 9103.1 R-1 Single Family District Regulations 105 9103.2 R-2 Duplex Residential District Regulations .. ............. ...... 105 9103.3 R-3 Restricted Multiple Residential .Regulations 105-A 9103.4 R-4 Multiple Residential District Regulations ... ................ 106 9103.480 C-N Neighborhood commercial District Regulations ............. ... 107 9103.490 C-0 Limited Commercial-Multiple Residential District Regulations. 107 9103.5 C-1 Light Commercial District Regulations 108 9103.6 C-2 General Commercial District Regulations 109 Y 9103.680 I Intermediate District Regulations ...0.........0............. . 110 9103.7 M-1 Manufacturing District Regulations ....0......4.............. 110 9103.8 U Unclassified District Regulations 110-A 9103.9 M-1-A Controlled Manufacturing District Regulations .............. . 110-A 9104.1 B Combining or '°-B" District Regulations .. ............... ..... 111 9104.2 H Combining or "-H" District Regulations ..................... . 112 (Off Street Parking Requirements) 9104.3 Z Combining or "-Z" District Regulations 113 (Off Street Parking Requirements) 9104.4 UL Combining or "-UL" District ....... . ...........9............ . 113 (Unlimited Heights when combined with a C-0 or R-4 District) 9105 Chapter 5 General Provisions and Exceptions .. . .... .................... 113-1 Uses, Height Limits, Building Site Area, Yards, Swimming Pools, Auiomobile Storage or Parking Space, Architectural Control, Non-Conforming Uses, Non-Conforming Buildings- Additions, Official Plan Line-Master Street and Highway Plan, Official Plan Line-Master Street and Highway-Plan Exclusions. 9106.1 Chapter 6 Permits, Variances and Amendments 116-A Zoning Permits, Use Permits, Variance, and Appeals, Revocation of Permits or Variance, Amendments. 9107.1 Chapter 7 Definitions ..................a....... ....................... 120 9108.1 Chapter 8 Planned Residential Developments . ..... ...... ............. ... 121-A 9109.1 Chapter 9 Enforcement, Penalties and Legal Procedure ......a........... 121-A2 9110.1 Chapter 10 Repealing ...... ... .......................................... 121-B 9111.1 Chapter 11 Validity . . ....... ............. .... ............o.............. 121-B 9112.1 Chapter 12 Reference ................................................... 121-B CITY OF NEWPORT BEACH MUNICIPAL CODE 104 City of Newport Beach ' ARTICLE IX PLANNING AND ZONING 1 Sections 9101.0 to 9112.1 inclusive amended by Ord. 635, adopted Dec. 13; 1950. CHAPTER 1. PURPOSE Unclassified or U District. 1 SECTION 9101.0. The purpose of this Controlled Manufacturing District or M-1-A District. Article IX is to promote the growth of the City of Newport Beach, in an order- Section 9102.0 amended by Ord. No. 716, 1 ly'manner and to promote and protect adopted Apr. 12, 1954; Ord. No. 845, adopted the public health, safety, peace, comfort Apr. 14, 1958; Ord. No. 925, adopted Aug. and general welfare and to protect the 8, 1960. character and social and economic sta- bility SECTION 9102.1. In addition to the 1 adof all districts within the City general districts established above, the and to assure the orderly and b. following special districts are establish- ed which, when combined with the SECTION 9101.1. The Zoning or Dis- above general districts, establish ad- 1 tricting Plan effectuated by this Article ditional special regulations: Combin- is a part of the Master Plan and con- ing or "-B" Districts — Combining or sists of the establishment of various "-H" Districts Combining or "-Z" districts including all the territory Districts — Combining or "-UL" Dis- within the boundaries of the City, with- tricts. in which, the use of land and build- Section 9102.1 amended by Ord. No. 925, ings, the space for buildings and the adopted August 8, 1960 and by Ord. No. 984, height and bulk of buildings are reg- adopted December 11, 1961. ulated. SECTION 9101.2. No building or SECTION 9102.2. .The designations, structure shall be erected, reconstruct- locations and boundaries of the districts ed or structurally altered. in .any man- established are delineated upon the 1 ner, nor shall any building or land be maps entitled Districting Map,for the used for any purpose, other than as City of Newport Beach, California", permitted by and in conformance with dated Novembet 27; 1950, which maps this Article and all other Ordinances, and any additional maps subsequently 1 Sections of this Code, laws and maps adopted and all notations and informa- referred to therein. tion thereon are hereby made a part of this Article by reference. CHAPTER 2. DISTRICTS Section 9102.2 amended by Ord. No. 845, 1 SECTION 9102.0. The several gen- adopted April 14, 1958. eral districts established are as follows: SECTION 9102.3. Any district adjoin- Agricultural-Residential District or ing any right-of-way extends to the 1 R-A District. center of such- right-of-way. Single Family Residential District Section 9102.3 added by Ord. No. 901, or R-1 District. adopted Dec. 28,'1959. Duplex Residential District or R-2 District. CHAPTER 3. REGULATIONS 1 Restricted Multiple Family Residen- SECTION 9103.0. Agricultural-Resi- tial District or R-3 District. idential or R-A District. M The following regulations shall apply Multiple Residential District or R-4 1 District, in all R-A Districts and shall be sub- Neighborhood Commercial District ject to the provisions of Section 5. or C-N District. SECTION 9103.01. Uses Permitted: Limited Commercial—Multiple Resi- (a) Single Family Dwellings. dential or C-O District. (b) Light farming, except commer- cial dairies, commercial kennels, com- District, mercial rabbit, fox, goat or hog farms, or commercial poultry ranches. 1 General Commercial District or C-2 (c) Accessory uses normally inci- District. dental to a single family dwelling or Intermediate District or I District, light farming. This is not to be con- Manufacturing District or M-1 Dis- strued as permitting any commercial trict, use. CITY OF NEWPORT BEACH MUNICIPAL CODE 104-A J ' (d) One sign, not over six (6) square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be ' located. SECTION 9103.02. Building Height Limit: (a) Maximum of thirty-five (35) feet. ' SECTION 9103.03. Building Site Area and Lot Width Required. (a) Minimum of six thousand (6,000) ' square feet and a minimum width of sixty (60) feet. In no case shall there be more than one (1) single. family dwelling on any one (1) building site. ' SECTION 9103.04. Percentage of Building Site Coverage Permitted: (a) For aggregate building coverage, maximum of forty (40) percent of ' building site area. 1 1 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 105 SECTION 9103.05. Yards and Open SECTION 9103.14. Building Site Area r 1 Spaces Required: Coverage Permitted. (a) Front yards: minimum twenty (a) Full coverage, less required front, (20) feet except as may be otherwise side and rear yards. (Except in com- indicated on the Districting Maps. bining or "-B" Districts, see Section 1 (b) Side yards: ten (10) percent of 9104.1.) lot width with a minimum of three SECTION 9103.15, Yards Required: (3) feet and a maximum of six (6) feet, (a) Front yards: Minimum required provided that the side yard on the rear twenty (20) feet and maximum per- one-half (1/z) of the street side of a mitted thirty-five (35) feet, except as 1 corner lot, where there is reversed may be otherwise indicated,6n the Dis- frontage, shall not be less than the tricting Maps. Distances shown on Dis- front yard required or existent on the tricting Maps are to be measured from adjacent reversed frontage. front property line. 1 (c) Rear yards: twenty. (20) percent (b) Side yards: Each side yard shall of lot depth with a minimum of fif- not be less than three (3) feet wide teen (15) feet and a maximum of twen- on building sites forty r:4U feet wide ty-five (25) feet. or less, or four (4) feet on lots wider 1 (d) Other: accessory buildings used than forty (40) feet, provided that the for the keeping of chickens or other side yard on the rear twenty feet poultry or rabbits or other animals of the street side of a corner lot, where shall be not less than sixty (60) feet there is reversed 'frontage, shall not be 1 from the front property line nor less less than the front yard required or than twenty (20) feet from any side existing on the adjacent reversed front- or rear property line. age. SECTION 9103.1. Single Family or (c) Rear yards: Minimum require- 1 R-1 District. ment of ten (10) feet. (Where alleys The following regulations shall apply exist, see Section 9105.4(e).) In all R-1 Districts and shall be subject Section 9103.15 amended by Ord. 845, adopt. to the provisions of Chapter 5 of this ed April 14, 1958. article. SECTION 9103.2, Duplex Residential SECTION 9103.11. Uses Permitted: or R-2 District. (a) Single Family dwellings. The following regulations shall apply (b) One accessory building only if in all R-2 Districts and shall be sub- -constructed simultaneously with or ject to the provisions of Chapter 5. subsequent to the main building on SECTION 9103.21. Uses Permitted: the same lot or building site. (a) Single family dwellings. (e) Accessory uses normally inci- (b) Two detached single family 1 dental to single family dwellings. This dwellings or one duplex. is not to be construed as permitting (c) Accessory uses normally inciden- commercial uses. tal to single family dwellings or du- d) One sign, not over six (6) square plexes. This is not to be construed as 1 feet in area, and pertaining only to the permitting any commercial uses. sale, lease or rental of the property (d) One sign not over six (6) square upon which the sign is to be located. feet in area and pertaining only to Section 9103.11 amended by Ord. 845, adopt- the sale, lease or rental of the property 1 ed April 14, 1958. upon which the sign is located. SECTION 9103.12. Building Height Section 9103.21 amended by Ord. 845, adopt- Limit: ed April 14, 1958. (a) For dwellings — maximum two SECTION 9103.22. Building Height 1 stories, but not exceeding thirty-five Limit: (35) feet. (a) For dwellings — maximum two (b) For accessory buildings — max- stories but not exceeding thirty-five imum fifteen (15) feet. (35) feet. 1 SECTION 9103.13. Building Site (b) For accessory buildings — max- Area and Lot Width Required: imum fifteen (15) feet. (a) For each dwelling—minimum of SECTION 9103.23. Building Site Area five thousand (5000) square feet and and Lot Width Required: minimum width of fifty (50) feet on (a) For each two (2) dwellings or interior lots, minimum of six thousand one duplex — minimum of five thous- (6,000) square feet and minimum and (5,000) square feet and minimum width of sixty (60) 'feet on corner lots. width of fifty (50) feet on interior lots, In no case shall there be more than minimum of six thousand (6,000) one (i) single family dwelling on any square feet and minimum width of one (1) building site. (See Section sixty (60) feet on corner lots. In no 9105.3 for exceptions.) case shall there be more than two (2) Seection 9103.13 amended by Ord. 901, adopt. single family dwellings or one duplex 1 ed Dec. 28, 1959. on any one (1) building site. (See Sec- V3 CITY OF NEWPORT BEACH MUNICIPAL CODE 105-a tion 9105.3 for exceptions.) Sections 9103:31 and 9103.32 amended by ' (b) For each family unit in any Ord. No. 845, adopted April 14, 1958 and by building — minmum of one thousand Ord. No, 974, adopted October 30, 1961. (1,000) square feet of land area. SECTION 9103.33. Accessory Uses ' Section 9103.23 amended by Ord. 845, adopt. Permitted: ed April 14, 1958', and amended by. Ord. 901, (a) Accessory uses and buildings adopted Dec. 28, 1959. normally incidental to any of the above. This shall not be construed as per- SECTION 9103.24. Building Site Cov- mitting any commercial uses or occu- erage Permitted: pation other than those specifically (a) For aggregate building coverage, listed. full coverage, less required front, SECTION 9103,34. Building Height' side, and rear yards. (Except in Com-' Limit:bining or "-B" districts, see Section 9104.1). (a) For main buildings -- thirty-five (35) feet. SECTION 9103.25. Yards Required: (b) For accessory buildings..— max- (a) Front yards: Minimum required imum fifteen (15) feet. twenty (20) feet, and maximum per- Section 9103134 amended by Ord. No. 845, mitted thirty-five (35) feet, except as adoped April 14, 1958 and by Ord, No. 974, may be otherwise indicated on the Dis- adopted October 30, 1961. tricting Maps. Distances shown on Dis- tricting Maps are to be measured from Reed: front lot line. (a) For each building or group of ' (b) Side yards: Each side yard shall buildings , minimum of five thousand not be less than three (3) feet wide on (5,000) square feet and minimum width building sites forty (40) feet wide or of fifty (50.) feet on interior lots, rain- less, or four (4) feet on lots wider than imum of six thousand (6,000) square forty (40) feet, provided that the side feet and minimum width of sixty (60) yard on the rear twenty (20) feet of feet on corner lots. the street side of a corner lot where (b) For each family unit in any build- there is reversed frontage, shall not be ing or group of buildings — minimum less than the front yard required or of twelve hundred (1200) square feet existing on the adjacent reversed front- of land area. age. Section 9103.35 amended by Ord, 845, adopt- (c) Rear yards: Minimum require- ed April 14, 1958 and amended by Ord. 901, ment of ten (10) feet. (Where alleys adopted Dec. 28, 1959. t exist, see Section 9105.4(e).) SECTION 9103.36, Building Site Cov- ) Between (10) detached buildings: Min- erage Permitted: imum t 910 310) amended by Ord, 845, adopt-t. (a) For aggregate building coverage, Se ed April 14, .25 full coverage, less required front, side and rear yards. (Except in combining SECTION 9103.3. Restricted Multiple or "-B" districts, see Section 9104.1). Family Residential or R-3 District. SECTION 9103.37. Yards Required: The following regulations shall apply (a) Front yards: Minimum required in all R-3 Districts and shall be subject twenty (20) feet, and maximum per- to the provisions of Chapter 5. mitted thirty-five (35) feet, except as ' SECTION 9103.31. Uses Permitted: may be otherwise indicated on the Dis- tricting Maps. Distances shown on Dis- (a) Single family dwellings and du- pl tricting Maps are to be measured from (b) Multiple dwellings, apartment front lot lines. ' houses and dwelling groups. (b) Side yards: Each side yard shall (c) Signs not over six (6) square not be less than three (3) feet wide on feet in area and unlighted, pertaining building sites forty (40) feet wide or only to the sale, lease or rental of the less, or four (4) feet on lots wider than property upon which the sign is located. forty (40) feet, provided that the side yard on the rear twenty (20) feet of SECTION 9103.32. Uses permitted, the street side of a corner lot where subject to first securing a Use Permit there is reversed frontage, shalt not be ' in each case: less than the front yard required or (a) Community centers, social halls, existing on the adjacent reversed front- lodges, clubs, rest homes, and motels. age. (b) Signs larger than six (6) 'square (c) Rear yards: Minimum of ten (10) feet and appurtenant to any use, feet. 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 106 ' (d) Special yards and distance be- permitting any commercial use or oc- tween buildings: cupation other than those specifically (1) Distance between buildings in permitted. any dwelling group—minimum Section 9103.43 amended by Ord, 845, adopt. ' eight (8) feet. ed April 14, 1958. (2) Side yard providing access to single row dwelling group — SECTION 9103.44. Building Heigh minimum twelve (12) feet. Limit: ' (3) Inner court providing access to (a) The total, floor area contained in double row dwelling group — all buildings on a building site in an minimum twenty (20) feet. R-4 District shall not exceed five (5) SECTION 9103.38 Automobile Stor- times the buildable area of said it ; ' age or Parking Space: provided, however, that floor are Z; (a) Accessible storage or space for voted to parking within a bmidii(ig the parking of automobiles off the shall not be considered in determining street shall be provided as set forth in the total floor area allowed; and pro- Section 9105.5, Chapter 5, of this Arti- vided further that in no event shall any cle. building exceed a height of fifty (50) Section 9103.38 added by Ord. No. 974, feet except that the mechanical ap- adopted October 30, 1961. purtenances thereof may exceed the ' height limit by a maximum of fifteen SECTION 9103.4. Multiple Residen- (15) feet. tial or R-4 District. (b) For accessory buildings— fifteen The following regulations shall apply (15) feet provided the height limit ' in all R-4 Districts and shall be subject may be increased upon the obtaining to the provisions of Chapter 5. of a Use Permit in each case. Section 9103.44 amended by Ord. No. 845, SECTION 9103.41. Uses Permitted: adopted April 14, 1958 and by Ord. No. 974, (a) Single family dwellings and du- adopted October 30, 1961. plexes. (b) Multiple dwellings, apartment SECTION 9103.45. Building Site Area houses and dwelling groups. Required: (c) Hotels, motels and rooming or (a) Same as 'specified for R-3 Dis- boarding houses. tricts. (d) Community centers, social halls, (b) For each' family unit in any lodges and clubs. building or group of buildings, the (e) Signs not over twelve (12) square minimum lot area shall be eight hun- ' feet in area and attached to the main dred (800) square feet. building. (c) For each guest room in any Section 9103.41 amended by Ord. No. 974, hotel or motel, the minimum lot area adopted otdber 30 t96t shall be three hundred (300) square , . feet. SECTION 9103.42. Uses permitted, Section 9103.49 amended by Ord. No. 845, subject to first securing a Use Permit adopted April 14, 1958 and by Ord. No. 974, in each case: adopted October 30, 1961. ' (a) Professional offices. SECTION 9103.46. Building Site COV- (b,) Hotel and motel restaurants, "on- erage Permitted: sale" liquor establishments, and other (a) Same as specified for R-3 Dis- appurtenant services and retail shops tricts. designed primarily for the convenience' SECTION 9103.47. Yards Required: of the guests of said hotels and motels q and provided that all access shall be (a) Front, rear and special yard re- from a lobby, patio or court yard, and quirements same as specified for R-3 ' further provided that no advertising Districts. be visible from any street. (b) Side yards: For main buildings (c) Signs larger than twelve (12) three (3) stories or less in height, a square feet and'appurtenant to any use. side yard on each side of the building Section 9103.42 amended by Ord. No. 845, equal in width to eight (8) per cent adopted April 14, 1958 and by Ord. No. 974, of the average width of, tlie•lot shall adopted October 30, 1961. be provided. Beginning with the fourth SECTION 9103.43. Accessory Uses story of main buildings over three (3) ' Permitted: stories in height, the width of each of the required side yards shall be in- (a) Accessory uses and buildings creased a distance equal to two (2) per normally incidental to any of the cent of the average width of the lot ' above. This shall not be construed as for each story in excess of three. In C-b CITY OF NEWPORT BEACH MUNICIPAL CODE 107 no event, however, shall a side yard square feet. Minimum building site of more than twenty-five (25) feet be frontage required twenty-five (25) feet. required. Section 9103.483 added by Ord. No. 845, SECTION 9103.471. Automobile Stor- adopted April 14, 1958 and amended by Ord. age or Parking Space: No. 974, adopted October 30, 1961. ' (a) Accessible storage or space for SECTION 9103.484. Yards Required: parking of automobiles off the street , (a) Front yards: Minimum fifteen shall be provided as set forth in Section (15) feet; provided, however that 9105.5, Chapter 5, and Section 9104.21, where the, frontage in a block is par- Chapter 4, of this Article. tially in an "R' District the ,front Section 9103.47 amended and Section 9103.471 yard shall be not- less than that re- added by Ord. No, 974, adopted October 30, quired in such "R'•; District. 1961, Section 91031.484 added by Ord. No. 845, L -a SECTION 9103.480. Neighborhood adopted April 14, 1958 and amended by Ord. Commercial or C-N District. No. 974, adopted October 30, 1961. The following regulations shall apply SECTION 9103.485, Automobile Stor- in all C-N Districts and shall be sub- age or Parking Space: ' ject to the provisions of Chapter 5. (a) When a C-N District is combined Section 9103.480 added by Ord. 845, adopted with an"-H"or"-Z"District, accessible April 14, 1958. storage or space for the parking of SECTION 9103.481. Uses Permitted: automobiles off the street shall be pro- (a) Professional offices, community vided as set forth in Section 9104.21 centers, social halls, lodges and clubs. and Section 9104.31, Chapter 4, of this (b) Retail stores and personal serv- Article. ice establishments within a building, Section 9103.485 added by Ord. No. 974, including appliance stores, bakeries- adopted October 30, 1961, (not wholesale), banks, barber shops, SECTION 9103.490. Limited Commer- beauty parlors, book stores, department cial-Multiple Residential or C-Q Dis- stores, drug stores, food shops, hard- trict. ware stores, nurseries, offices, radio The following regulations shall apply stores, restaurants, antique shops, shoe in all C-O Districts and shall be sub- shops, studios, tailor shops, and other ject to the provisions of Chapter 5. uses which in the opinion of the Plan- , ning Commission are of a similar SECTION 9103.491. Uses Permitted: nature. (a) Multiple dwellings or apartment (c) One non-flashing sign appurte- houses, hotels, motels, professional of- nant to any permitted use and not over fices, clubs, and restaurants. thirty-five (35) square feet in area for (b) Retail sales, and wholesale sales each side (if two sides are usedi). when combined with retail sales of a Section 9103.481 added by Ord. No. 845, similar nature; storage therefor shall adopted April 14, 1958, and amended by Ord. be within a building, except for boats. ' No. 1016, adopted Nov. 13, 1962. (c) Signs appuktenant to any per- SECTION 9103.481.1. Uses permitted, mitted use. subject to first securing a Use Permit subject tOoNu9t securing a U492. NUses se Permit in each case: (a) Gasoline service stations. in each case: Section 9101481.1 added by Ord. No. 1016, (a) Light manufacturing, including adopted Nov. 13, 1962. repair of boats, and other uses which SECTION 9103.482. Building Height in the opinion of the Planning Com- ' Limit: mission are of a similar nature. (a) The total floor area contained in (b) Gasoline service stations. all buildings on a building site in a (c) Signs, other than those appurte- C-N District shall not exceed two (2) nant to any permitted use. ' times the buildable area of said site; Sections 9103.490, 9103.491, 9103.492 added provided, however, that floor area by Ord. No. 913, adopted Feb. 23, 1960, Section devoted to parking within a building 9103.492 amended by Ord. No. 1016, adopted shall not be considered in determining Nov. 13, 1962. the total floor area allowed, and pro- SECTION 9103.493. Building Height vided further that in no event shall Limit: any building exceed a height of thirty- (a) The total floor area contained in five (35) feet. all buildings on a building site in a ' Section 9103.482 added by Ord. No. 845, C-O District shall not exceed five (5) adopted April 14, 1958 and amended by Ord. times the buildable area of said site; No. 974, adopted October 30, 1961. provided, however, that floor area de- SECTION 9103.483. Building Site voted to parking within a building Area Required: shall not be considered in determining '(a) Minimum two thousand (2,000) the total floor area allowed; and pro- , CITY OF NEWPORT BEACH MUNICIPAL CODE 108 vided further that in no event shall Sections 9103.493, 9101.494, 9103.495 amend. 1 any building exceed a height of eighty- ed by Ord. No. 974, adopted October 30, 1961. five (85) feet except that the mechani- Section 9103.495 amended by Ord. No. 1052, cal appurtenances thereof may exceed adopted August 26, 1963. the height limit by a maximum of SECTION 9103.496. Automobile Stor- ' fifteen (15) feet. age or Parking Space. SECTION 9103.494. Building Site (a) When a C-O District is combined Area Required: with an "-H" or "-Z" District, accessible (a) Minimum two thousand 12,000) storage or space 'for parking of auto- square feet. Minimum building site mobiles off the street shall be provided frontage twenty-five (25) feet. as set forth in Section 9104.21 and (b) For each family unit in any Section 9104.31, Chapter 4, of this building or group of buildings, the Article. 1 minimum lot area shall be eight hun- Section 9103.496 added by Ord. No. 974, .—....-- dred (800) square feet. adopted October 30, 1961. (c) For each guest room in any hotel SECTION 9103.5. Light Commercial or motel, the minimum lot area shall g 1 be three hundred (300) square feet. or C-1 District. The following regulations shall apply SECTION 9103.495. Yards Required: in all C-1 Districts and shall be sub- (a) Front yards: Except as may be ject to the provisions of Chapter 5 indicated on the Districting Maps, ppo SECTION 9103.51. Uses Permitted: ' front yards shall be required; -pro- (a) Professional offices, community vided, however, that where the front- age in a block is partially in an "R" centers, social halls, lodges and clubs. 1 (b) District, the front yard shall be the. ablis stores and personalhments within a building, establishments same as required in such "R" District. ing, (b) Side yards: For buildings in including 'appliance stores, bakeries excess of three (3) ,stories in height, (not wholesale), banks, barber shops, which are designed exclusively for uses beauty parlors, book stores, department stores, drug stores, food shops, hard- other than residential, there shall be a stare stores, nurseries, offices, radio side yard on each side of the build- stores, restaurants, antique shops, shoe ing, beginning with the fourth story, of not less than five (5) feet. Said shops, studios, tailor shops, and othe 1 Plan- side yards shall be increa's"ed in width uses which i the opinion of the similar a distance equal to two (2) per cent natu Commission are of a similar of the average width of lot for each nature. story in excess of four (4). In no c) Signs appurtenant to any per- event, however, shall a side yard of mitted use. 1 more than twenty-five (25) feet be SECTION 9103.52. Uses permitted, required. subject to first securing a Use Permit For buildings designed to be used in in each case: I ' whole or in part for residential pur- (a) Animal hospitals, auto sales an j poses, there shall be a side yard on repair shops, boat sales, gasoline serve each side of the building, beginning ice stations, marine service stational 1 _ with the first story used in whole or cleaning establishments, laundries 1 in part for residential purposes, of not launderettes, mortuaries, outdoor mar,O5�G-- less than five (5) feet, increasing in kets, wholesale stores, outdoor sales,M CA(LG width thereafter a distance equal to establishments, pet shops, public gar- two (2) per cent of the average width ages, trailer courts, theatres, used car�— of the lot for each story above said sales lots and other uses which in the 1 first story used for residential purposes. opinion of the Planning Commission In no event, however, shall a side yard are of a similar nature. of more than twenty-five (25) feet be (b) Handicraft enterprises, including required. the manufacturing and repair of house- Where the side of a lot abuts the hold furnishings, clothing, ceramics, side line of a lot in an "R" District, the novelties and toys, and uses which in aforementioned requirements shall ap- the opinion of the Planning Commis- ply for the side yard abutting the "R" sion are of a similar nature. District at the ground level for all (c) Hotels, motels, boarding houses buildings. and residential uses. (c) Rear yards: None, except where (d) Signs, other than those appur- the rear of a lot abuts on an "R" Dis- tenant to any permitted use, including 1 trict, in which case the rear yard shall billboards. be not less than five (5) feet' Sections 9103.51 and 9103.52 amended by (d) Rear yards abutting on alleys: Ord. No. 845, adopted April 14, 1958; amended Minimum ten (10) feet, by Ord. No. 901, adopted Dec. 28, 1959; and 1 Sections 9103.493, 9103.494, 9103.495 added , , amended by Ord. No. 1016, adopted Nov. by Ord. No. 913, adopted February 23, 1960. 13, 1962. CITY OF NEWPORT BEACH MUNICIPAL CODE 109 SECTION 9103.53. Building Height smoke, dust, odor and waste of any Limit: kind is confined and/or purified so as (a) The total floor area contained in to control pollution of air, soil and all buildings on a building site in a water to meet the standards or require- C-1 District shall not exceed two (2) ments of the Planning Commission, times the buildable area of said site; and in such a manner to eliminate any provided, however, that floor area de- - detrimental effect to public health, voted to parking within a building shall'" safety and welfare and be in harmony not be considered in determining th, with objectives of the planning of this total floor area allowed, and provide city. ' further that in no event shall any (b) The Planning Commission may building exceed a height of thirty-five designate such conditions as it deems (35) feet, necessary to secure the purposes of this Section 9103153 amended by Ord. No. 974, section and may require such guaran- ' adopted October 30, 1961. tees and evidence that such conditions SECTION 9103.54. Building Site Area are being or will be complied with. Required: Section 9103.60 added by Ord. 845, adopted (a) Minimum two thousand (2,000) April 14, 1958. ' square feet. Minimum building site SECTION 0103.61. Uses Permitted: frontage required twenty-five (25) feet. (a) Professional offices, community Section 9103.54 amended by Ord. No. 974, centers, social halls and clubs. --- adopted October 30, 1961. (b) Wholesale stores and storage ' SECTION 9103.56. Yards Required: within a building, wholesale bakeries. (a) Front yards: None, except where The following uses when con- the frontage in a block is partially in ducctt ed within a building or enclosed an "R" District, in which case the front' least sixll 6)f feet h height i masonry ch case: ' yard shall be the same as required in Creameries bottling works, building such "R" District. f material yards, contractors yards, feed (b) Side yards: None, except where and fuel yards, including machine the side of a lot abuts upon the side shops, storage of goods and materials of a lot in an "R" District; in which and other uses which in the opinion of case the side yard shall be not less the Planning Commission are of a than five (5) feet. similar nature. (c) Read yards: None, except where (d) Signs appurtenant to any permit- ' , the rear of a lot abuts on an "It" Dis- ted use. trict in which case the rear yard shall Section 9103.61 amended by Ord, 723, adopt- be not less than five (5) feet. ed May 10, 1954; Ord. 845, adopted Apr. 14, (d) Rear yards abutting alleys: Min- 1958; and Ord. 901, adopted Dec. 28, 1959. ' imum ten (10) feet. (e) Yard requirements for residen- SECTION 9103.62. Uses permitted, tial uses shall be established by Use subject to first securing a Use Permit Permit procedure. in each case: ' Section 9103.55 amended by Ord. 901, adopt- (a) Lumber yards, light manufactur- ed December 28, 1959 and by Ord. No. 974, ing, including manufacture and repair adopted October 30, 1961. of boats, clothing, novelties and toys, SECTION 9103.56. Automobile Stor- gasoline service stations, and uses w"h1c m -the p>o 0 of the Planning ' age or Parking Space: Commission are of a similar nature. (a) When a C-1 District is combined (b) Hotels motels residential ses with an "-H" or "-Z" District, accessible storage or space for the parking of trailer courts, and house oat marinas. automobiles off the street shall be (c) Signs, other than those appurte- provided as set forth in Section 9104.21 nant to any permitted use. and Section 9104.31, Chapter 4, of this Sub-section (d) of Section 9103.62 added by Article. Ord. 723, adopted May 10; 1954, and deleted Section 9103.56 added by Ord. No. 974, by Ord.%831, adopted Oct. 19, 1957. adopted October 30, 1961. Section 9103.62 amended by Ord. 845, adopt- ed Apr. 14, 1958; amended by Ord. 901, SECTION 9103.6. General Commer- adopted Dec. 28,.1959; and amended by Ord. vial or C-2 District. No. 1016, adopted Nov. 13, 1962. The following regulations shall apply Section 9103.62 amended by Ord. No. 1037, in all C-2 Districts and shall be subject adopted May 13, 1963. to the provisions of Chapter 5. SECTION 9103.63. Building Height SECTION 9103.60. Limit: (a) Uses permitted in the C-2 Dis- (a) Maximum height of any build- trict shall be planned, developed and ing — fifty (50) feet, provided that operated in such a manner that noise, additional height may be permitted if CITY OF NEWPORT BEACH MUNICIPAL CODE 110 a Use Permit is first secured in each building site area, and the yards re- case. quired in an I District shall be the same SECTION 9103.64. Building Site Area as those set out in Section 9103.53, for g building height limit, in Section 9103.54, Required: for building site area, and in Section (a) For each main building — min- 9103.55, for yards required, in a C-1 ' imum two thousand (2,000) square feet. Zone. Minimum building site frontage twen- Sections 9703,680, 9103.681, 9103.682 added ty-five (25) feet. by Ord. 716, adopted April 12, 1954. SECTION 9103.65. Yards Required: SECTION 9103.7. Manufacturing or ' (a) Front yards: None, except where M-1 District. the frontage in a block is partially in The following regulations shall apply an "It" District, in which case the front in all M-1 Districts and shall be sub-. yard shall be the same as required in ject to the provisions of Chapter 5. , such It District. (b) Side yards: None, except where SECTION 9103.70. the side of a lot abuts upon the side (a) Uses permited in the M-1 Dis- of a lot in an "R" District, in which trict shall be planned, developed and ' case the side yard shall be not less operated in such a manner that noise, ' "' 1 than three (3) feet. smoke, dust, odor and waste of any (c) Rear yards: None, except where kind is confined and/or purified so as the rear of a lot abuts on an "R" Dis- to control pollution of air, soil and ' trict in which case the rear yard shall water to meet the standards or require- be not less than three (3) feet. ments of the Planning Commission, and (d) Read yards abutting on alleys: in such a manner to eliminate any de- Minimum ten (10) feet. trimental effect to public health, safe- (e) Yard requirements for residential' ty and welfare and be in harmony with ' uses shall be established by use per- objectives of the planning of this city. mit procedure. (b) The Planning Commission may Section 9103.65 amended by Ord. 907, adopt- designate such conditions as it deems ed Dec. 28, 1959. necessary to secure the purposes of this SECTION 9103.66. Automobile Stor- section and may require such guaran- age or Parking Space: tees and evidence that such conditions (a) When a C-2 District is combined are being or will be complied with. ' with 'an "-H" or "-Z" District, acces- Section 9103.70 added by Ord. 845, adopt- sihle storage or space for the parking of ed April ta, 1958. automobiles off the street shall be pro- SECTION 9103.71. Uses Permitted: vided as set forth in Section 9104.21 (a) Retail and wholesale stores or ' and Section 9104.31, Chapter 4, of this storage, including storage of cement Article, and lime incidental to a retail or whole- Section 9103.66 added by Ord. No. 974, sale business, service establishments, adopted October 30, 1961. light industrial and manufacturing uses ' SECTION 9103.680. Intermediate or I and any other uses which, in the opin- ion of the Planning Commission are of District. The following regulations shall apply similar nature, but under the same in all I Districts and shall subject limitations and restrictions specified in to the provisions of Chapter 5. sections governing same.(b) Signs appurtenant to any per- SECTION 9103.681. Uses Permitted: mitted use. (a) All uses permitted in a C-1 Dis- SECTION 9103.72. Uses permitted, trict, under the same terms and condi- subject to first securing a Use Permit tions as are applicable to a C-1 Dis- in each case: trict, as contained in Sections 9103.51 (a) Gasoline service stations, house- and'9103.52 of the Municipal Code, spe- boat marinas, and fish smoking, cur- cificaliy excepting from said C-1 Dis- ing or freezing. ' trict uses the following: Markets, serv- (b) Signs, other than those appurte- ice stations, drug stores, barber shops, nant to any permitted use, including malt shops, restaurants, beauty parlors, billboards. or any other type of business which Sub-section (d) of Section 9103.72 added by by its nature, might directly vend ar- Ord. No. 723, adopted May 70, 1954, and ticles or services to persons under 18 deleted by Ord. No. 831, adopted October 14, years of age, all of which are prohib- 1957. Section 9103.72 amended by Ord:' No. ited in an I Zone. 974, adopted October 30, 1961; and amended ' SECTION 9103.682. Building Height by Ord. No. 1016, adopted Nov. 13, 1962. Limit, Building Site Area Required, Section 9103.72 amended by Ord. No. 1037, Yards Required. The height limit, the adopted May 13, 1963. CITY OF NEWPORT BEACH MUNICIPAL CODE 110-A Section 9103.73. Uses Prohibited: SECTION 9103.8. Unclassified or U (a) Auto wrecking, fish canneries District. ' and/or reduction grinding and process- The following regulations shall apply ing plants; drilling for and/or removal in all Unclassified or U Districts and of oil, gas, or other hydrocarbon ma- shall be subject to the provisions of terials; distillation of bones; dumping, Chapter 5. ("U" District shall include ' disposal, incineration or reduction of all of the incorporated area within the garbage, sewage, offal, dead animals or City not precisely zoned or included refuse, fat rendering; manufacture or in any zone or district as provided for .storage—of acid, cement, explosives, fire- under the zoning code of the City of ' works, fertilizer, glue, gypsum, lime, Newport Beach.) plaster of purls or asphalt, stockyard Section 9103.8 amended by Ord. 845, adopt- or-slaughter of animals, refining of pe- ed April 14, 1958. troleum or its products, smelting of iron, tin, zinc, or other ores; junk yards, SECTION 9103.81. Uses Permitted: hog raising, bag manufacture or clean- (a) All uses not otherwise prohibit- ing, blast furnace or boiler works, ed by law, provided that a Use Permit breweries, coke ovens, cooperage works, shall first be secured for any use to ' incinerators, cordage mills, foundries, be established in any "U" District, ex- tanneries, and all other uses which in cept authorized piers. the opinion of the Planning Commis- sion are•of similar nature or may be SECTION 9103.82. Other Regulations: ' objectionable as provided by Section (a) Building height limits, building 9103.70(a). site area required and yards required Section 9103.73 amended by Ord. 845, adopt- shall be as specified in the Use Permit. ed April 14, 1958. SECTION 9103.9. Controlled Manu- ' SECTION 9103.74. Building Height facturing District Designated as M-1-A Limit: District. (a) The total floor area contained in The following regulations shall apply all buildings on a building site in an in all M-1-A Districts and shall be sub- M-1 District shall not exceed four (4) ject to the provisions of Chapter 5 of times the buildable area of said site; this Article, except that where conflict provided, however, that floor area de- in regulations occur, the regulations ' voted to parking within a building shall specified in this Section shall apply. not be considered in determining the A. M-1-A Districts may be establish- total floor area allowed; and provided ed in areas where it is deemed desir- further that in no event shall any build- able to provide for limited manufactur- ing exceed a height of. fifty (50) feet in facilities of a design and type which except that the mechanical appurte- will enhance the area and not be detri- nances thereof may exceed the height mental to surrounding property or the limit by a maximum of fifteen (15) 'City. ' feet. Uses permitted in the M-1-A District Section 9103.74 amended by Ord. No. 974, shall be planned, developed, conducted adopted October 30, 1961. and operated in such a manner that SECTION 9103.75. Yards Required: noise, smoke, dust, odor and waste of ' (a) Front yards: None, except where any kind is confined and/or purified so the frontage in a block is partially in to control pollution rd air, soil w an "R" District, in which case the front water to meet the standards require- an or n yard shall be the same as required in menus of the Planning Commission d and t such "R" District. in such a manner to eliminate any rimental effect to the public health, (b) Side yards: None, except where safety and welfare and be in harmony the side of a lot abuts upon the side of with the obectives of the general a lot in an "R" District, in which case plying, the side yard shall be not less than B. The Planning Commission may five (5) feet. designate such conditions as it deems (c) Rear yards: None, except where necessary to fulfill the purpose of this the rear of a lot abuts on an "R" Dis- section and may require such guaran- trict, in which case the rear yard shall tee and evidence that such conditions be not less than ten (10) feet. are being or will be complied with. (d) Rear yards abutting on alleys: ' Minimum ten (10) feet. SECTION 9103,91. Uses Permitted: Section 9103.75 amended by Ord. No. 901, Administrative and professional of- adopted December 28, 1959 and by Ord. No. fices, accessory to uses permitted in this 974, adopted October 30, 1961. district; residences for watchmen or ' CITY OF NEWPORT BEACH MUNICIPAL CODE 11OL13 custodians employed on site; employ- front property line and extending ees cafeterias or auditoriums; research across the property from the side lines ' laboratories and institutes; electrical fifteen (15) feet deep measured from and electronic products and instru- the front property line shall be pro- ments manufacturing; cartography; vided. Said property front yard area bookbinding, printing and lithography; shall be appropriately landscaped and ' fabrication of plastic products; storage maintained except for area required warehouse, _excluding inflammable n a- for walkways and, driveways for in- terials and truck terminals; editorial gress and egress to the property. Said and designing; signs appurtenant to walkways and driveways shall not use ' any permitted use located on property more than 40% of this front yard area. of use. C. Building sites fronting on and Section 9103,91 amended by Ord. 901 adopt- street and_baving a side property line ed Dec. 28, 1959. adjacent to a side street shall provide ' SECTION' 9103.92. Uses permitted, a yard area fifteen (15) feet wide meas- subject to first securing a Use Permit ured from the side property line and in each case from the Pianhin Com- extending from the front property line mission. Said uses must comply with to the rear •property, line. Said side ' the limitations and restrictions of the yard shall 'be appropriately landscaped Mel-A District: and maintained except for areas re- Furniture upholstering, furniture quired for walkways and driveways for g, ingress and egress to the property. ' manufacturing, finished paper products, Said walkways and driveways shall not assembling and construction of paper use more than 40% of this side yard products with finished paper stock, area. garment manufacturing, boat building D. In cases where a street or alley within a building, laundry and dry does not exist to separate this zone ' cleaning plants, gasoline service sta- tions, manufacture -of -novelties, toys and small appliances, medical and dental offices and clinics, other uses which in the opinion of the Planning Commission are comparable and simi- lar in character with the uses per. mitted in the District and which com- ply with the limitations and restric- ' tions specified in the M-1-A District. ' Section 9103.92 amended by Ord, 845, adopt- ed April 14, 1958; and amended by Ord. No. 1016, adopted Nov. 13, 1962. SECTION 9103.93. Building Height Limit: ' (a) The total floor area contained in all buildings on a building site in an M-1-A District shall not exceed four (4) times the buildable area of said ' site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed. t Section 9103.93 amended by Ord. No. 845, adopted April 14, 1958 and by Ord. No. 974, adopted October 30, 1961. ' SECTION 9103.94. Building Site Area Required: (a) Minimum ten thousand (10,000) square feet. Section 9103.94 amended by Ord. No. 974, adopted October 30, 1961. SECTION 9103.95. Yards Required. ' A. A minimum set-back of fifteen (15) feet 'from any street or highway property line shall be required. B. A front yard area adjacent to the CITY OF NEWPORT BEACH MUNICIPAL CODE Ill from any other more restrictive zone, SECTION 9104.11, Building site area, a zone separation area ten (10) feet lot sizes, setbacks and coverage re- wide and extending the entire distance quired in `B" Districts. said zones adjoin each other shall be Combining Designation, B; Min. Bldg. provided. Said zone separation area Site Area, 6,000 sq. ft.; Min. Lot Width, shall be appropriately landscaped and 60 ft.; Min. Lot Length, 80 ft,; Min. ' maintained. Front Yard, 20 It.; Min. Rear Yard,• 6 SECTION 9103.96. Off-Street Parking age in.Side Yard., 6 ftri Max. Cover- for Automobiles Required. , Off-street parking and loading on Combinin Designation, B-1; Min. the building site shall be required in Bldg. Site Area, 7,500 sq. ft.; Min, Lot M-1-A Districts according to the fol- Width, 75 ft.; Min. Lot Length, 90 ft.; lowing formula: Min. Front Yard, 15 ft.; Min. Rear ' 1. A minimum of one (1) parkin Yard, 7 Min. Side Yard, 7 ft.; Max.g Coverage, 60%. space shall of g g provided for each 350 Combining Designation, B-2• Min. square feet of gross floor area in any building. Bldg. Site Area, 10,000 sq. ft.; Min. Lot ' 2. Location and layout of off-street Width, 90 ft.; Min. Lot Length, 100 ft.; parking shall be approved by the Min. Front Yard, 15 ft.; Min. Rear Architectural Control Committee. Yard, 10 ft.; Min. Side Yard, 10 ft.; 3. All loading and unloading opera- Max. Coverage, 60%. tions and parking of trucks shall be Combining Designation, B-3; Min. ' provided for and performed on the Bldg Site Area, 20,000 sq. £t.; Min. Lot premises. Width, 100 ft.; Min. Lot Length, 150 ft.; Section 9103.96 amended by Ord. 845, adopt-- Min. Front Yard', 15 ft.; Min. Rear ' ed April 14, 1958, and amended by Ord. No. Yard, 10 ft.; Min. Side Yard, 10 ft.; 1025, adopted Jan. 28, 1963. 1 Max. Coverage, 60%. SECTION 9103.97. Manufacturing Combining Designation, B-4; as des- SECTION and ignated on zoning'provided that no re- Storage Areas, quirements be less than B-3 regulations. All manufacturing and fabrication All setbacks on .the street side of a — operations shall be conducted within corner lot shall not be less than that buildings. All equipment and material required on existing or adjacent re- storage areas shall be screened by solid versed frontage when such exists. walls, fences, or by adequate plantings of not less than six (6) feet in height. SECTION 9104.11-1. There shall be a ' SECTION 9103.98. Streets, minimum of seven hundred and fifty(750) square feet of rear yard land All dedicated streets within or bor- area adjoining the main dwelling main- dering this M-1-A Zone shall have a tained uncovered. minimum right of way sixty (60) feet ' wide. SECTION 9104.12. Any banks graded Sections 9103.9, 910191, 9103.92, 9103.93, or benched for building sites in "-B" 9103.94, 9103.95, 9103.96, 9103.97 and 9103.98 Districts wherein cuts are required, added by Ord. 804, adopted Nov. 13, 1956, and leaving banks or slopes of a greater ' certain said Sections subsequently amended by grade than a ratio of 3 to 1, shall be Ord. 845 as indicated• approved by the Planning Commission prior to obtaining a building permit. CHAPTER IV. COMBINING SECTION 9104.13. Maximum density ' DISTRICT REGULATIONS permitted in "R" Districts where com- Section 9104.0 repealed by Ord. No. 984, bind with "-B" District. adopted December 11, 1961. The following minimum building site ' SECTION 9104.1. Combining or re$„ area shall be required for 'each family District. unit: The following regulations shall apply R-2 R-3 R-4 in lieu of building site area, yard and "B" 3000sq.ft. 1500sq.ft. 1250sq,ft. lot width requirements in the respec- "B-I" 3000sq.ft. 1500sq.ft. 1250sq.ft. tive districts where such districts are 'B-2" 3000sq.ft. 2000sq.ft. 1500sq.ft, combined with the "-B" District, and "B 3" t shall be subject to the provisions of 3000sq.ft. 2000sq.ft. 1500sq.ft. Chapter 5. All other provisions of the respective districts shall apply. Section 9104.1 amended by Ord, 845, adopt- , ed April 14, 1958. ©eOC� E1C14 CITY OF NEWPORT BEACH MUNICIPAL CODE 112 SECTION 9104.14. Change in set- each bed, and in addition 1 parking 'Abacks. The Planning Commission may space for each resident doctor and 1 for pprove a change in the setbacks set each employee. forth in Section 9104.11 where it is (9) Clinics — 1 parking space for found by the Planning Commission each 250 sq. ft. of floor area, plus 1 that such change will make for a better additional space for each doctor and 1 ' planned development, and where such for each employee. change is in harmony with the.Master (10) Motels — 1 parking space for Plan of the City. each guest unit. Previous Sections 9104.11, 9104.12, 9104.13 (b) The Planning Commission shall and 9104.14 repealed and new Sections 9104.11, not recommend and the City Council 9104.11-1, 9104.12, 9104.13, 9104.14, added by shall not approve off-street parking on Ord. 845, adopted April 14, 1958. a separate lot from,the building site SECTION 9104.2. Combining or "-H'> or sites unless: District. (1) Such lot is so located as to be ' The following regulations shall apply useful in connection with the proposed in all "C" and "M" Districts with which use or uses on the building site or sites: are combined "-H" Districts, in addition (2) Parking on such lot will not to the regulation hereinbefore specified create undue traffic hazards in the ' therefor, and shall be subject to the surrounding area; provisions of Chapter 5 of this Article; (3) Such lot and the building site provided, however, that if any of the are in the same ownership, or the regulations specified in Sections 9104.21 owners of the building sites have a and 9104.22 differ from any of the common ownership in such lot, and corresponding regulations specified in the owner or owners are entitled to this Article for any district with which the immediate possession and use there- is combined an "-H" District, then in of (ownership of the off-site lot must ' such case the provisions of Section be ownership in fee or a leasehold 9104.21 and 9104.22 shall govern. interest of a duration adequate to Section 9104.2 amended by Ord. 845, adopt- serve all proposed uses on the building ed April 14, 1958. site or sites); and SECTION 9104.21. Uses Permitted: •The owner or owners and the All uses permitted in the respective City upon the approval the City Council execute a written instrument districts with which the "-H" District is or instruments, approved as to form . combined, subject to approval as to de- and content by the City Attorney, pro- sign of buildings and design and loca- viding for the maintenance of the re- tion of parking lot, provided however quired off-street parking on such lot as follows: for the duration of the proposed use *(a) Off-street parking, on the build- or uses on the building site or sites. ' ing site, or, with City Council approval Should a change in use or additional upon recommendation of the Plan- use be proposed, the off-street parking rang Commission, on a separate lot regulations applicable at the time shall from the building site or sites, shall be apply. Such instruments shall be re- required in all districts with which the corded in the office of the County Re- "-H" District is combined, according to corder and copies thereof filed with the the following formula: Building Department and Planning De- (1) Retail Stores — 1 parking space partment. ' for each 250 sq. ft. and 1 loading space Section 9104.21 amended by Ord. 845, adopt. for each 10,000 sq. ft. of store floor ed April 14, 1958 and amended by Ord. 901, area. a pled Dec. 28, 1959' (2) Office Buildings — 1 parking ' space for each 250 sq. ft. of floor area. SECTION 9104.22. Building Location: (3)_ Wholesale and Industry 1 `\K3 Iii case no building line is established parking space for each 2000 sq. ft. M the Street & Highway Plan of the of gross floor area and 1 loading space aster Plan of the City or by the pro- for each 10,000 sq. ft, of gross floo visions of this Ordinance for the street area, but in no event shall there be less on which any building will front, in than 10 parking spaces for each such any district with which an "-H" District establishment. is combined, no such building shall be (4) Restaurants — 1 parking space, erected, constructed, moved or strue- for each 3 seats. turally altered, so that the same shall (5) Public Assembly — 1 parkin be closer to the line of such street than space for each 5 seats. a distance to provide adequate space (6) Theatres — 1 parking space for for the traffic movements and the ' each 5 seats. standing of vehicles which will be inci- (7) Hotels — i parking space for dental to the use of such building. Such each 2 guest rooms. distance to be designated by the Plan- (8) Hospitals — i parking space for ning Commission as a part of the action ' CITY Or NEWPORT BEACH MUNICIPAL CODE 113 on plans submitted with the application shall not approve off-street parking on for a permit for such building, as pro- a separate lot from the building site vided in Section 9105.6 of this Article, or sites unless: ' SECTION 9104.3. Combining or "-Z" (1) ot Is so located as to be use- f l inlconne tion with the p roped District. use or uses on the building site or The following regulations shall ap- sites; ply in all "C" Districts with which are (2) Parking on such lot will not create combined "-Z" Districts, in addition to the regulations hereinbefore speci- undue traffic hazards in the sur- roundingfied therefor, and shall be subject to area; 1 the provisions of Chapter 5 of this Art- (3) Such lot and the building site are icle; provided, however, that if any in the same ownership, or the owp- of the regulations specified in the "-Z" ers of the building sites have a District differ from any of the corres- common ownership in such lotAndr ponding regulations specified in this the owner or owners are entitled Article for any district with which is to the immediate possession and combined the "-Z" District, then and use thereof (ownership of the off- in such case the provisions of the "-Z" site lot must be ownership in fee ' District shall govern. or a leasehold interest of a dura- tion adequate to serve all proposed SECTION 9104.31. Uses Permitted: uses on the building site or sites); All uses permitted in the respective and ' districts with which the "-Z"'District is (4) The owner or owners and the City combined, subject to approval as to upon the approval of the City design of building and design and lo- Council execute a written instru- cation of parking lot, provided how-. ment or instruments, approved as t ever as follows: to form and content by the City (a) Off-street parking, on the build- Attorney, providing for the main- ing site, or on a separate lot from the tenance of the required off-street building site or sites with City Coun- parking on such lot for the duration cil approval on recommendation of the of the proposed use or uses on the Planning Commission, shall be required building site or sites. Should a in all districts with which the "-Z" Dis- change in use or additional use be trict is combined, according to the fol- proposed, the off-street parking lowing formula: regulations applicable at the time (1) Retail and Wholesale Stores, - 1 shall apply. Such instruments shall parking space for each 350 sq. It. be recorded in the office of the and 1 loading space for each 10,000 County Recorder and copies thereof sq. ft. of store floor area. filed with the Building Depart- (2) Office Buildings, 1 parking space ment and Planning Department. for each 350 sq. ft. of floor area. (c) The Planning Commission may (3) Restaurants, 1 parking' space for recommend and the City Council may each 3 seats. approve, on petition of the property Pilo 4) Public Assembly, 1 parking space owner, a waiver of or reduction in off- for each 5 seats. street parking required by the terms - — of this section under the following con- (5) Theatres, 1 parking space for each ditions: 5 seats. (1) When a municipal parking lot is (6) Hotels, 1 parking space for each so located as to be useful in con- 2 guest rooms. nection with the proposed use or t (7) Hospitals, 1 parking space for each uses on the building site or sites; bed, and in addition 1 parking or space for each resident doctor and (2) When the building site is subject '1 for each employee. to two or more uses and the max- (8) Clinics, 1 parking space for each imum parking requirements for 250 sq. ft. of floor area, plus 1 such uses do not occur simultan- additional space for each doctor eously. and 1 for each employee. Sections 9104.3, and 9104.31 added by Ord. (9) Motels, 1 parking space for each 913, adopted Feb. 23, 1960. guest unit. (10) Apartments, -1 parking space for SECTION 9104.4. Combining or "-UL" each unit having not more than i District. ' bedroom; otherwise 2 parking The maximum height limit in feet spaces per unit. established for the R-4 and C-O Dis- (b) The Planning Commission shall tricts, respectively, shall not apply in not recommend and the City Council such districts with which are combined ' CITY OF NEWPORT BEACH MUNICIPAL CODE 113.1 —/ the "-UIJ' District. The height limit in such combined districts shall be limited only by the formula based upon the ratio of floor space to buildable area established for each such district. All other provisions of this Article for each such district shall apply. Section 9104.4 added by Ord. No. 984, adopt- ed December 11, 1961. CHAPTER 5. GENERAL ' PROVISIONS AND EXCEPTIONS SECTION 9105. All sections of this Article shall be subject to the following general provisions and exceptions: ' SECTION 9105.1. Uses: (a) No circus, carnival, amusement park, fun zone, open air theatre, race track, private recreation center, or oth- er similar establishment, shall be estab- lished in any district unless and until a Ll1 1 - 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 113-A Use Permit is first secured for the es- The Planning Director may approve tablishment, maintenance and opera- temporary structures' for the housing tion of such use, of tools and equipment or supervisory (b) No dance hall, road house, night offices for a period not to exceed one club, commercial club, or any estab- (1) year in connection with major con- lishment,where liquor is served, or struction during the progress of such ' commercial place of amusement or construction, recreation or any such place or any The Planning Director may approve other place where entertainers are pro- an extension of periods of time speci- vided, whether as social companions or fied in this subsection. otherwise, shall be established in any Section 9105.1 amended by Ord. 901, adopt- district closer than two hundred (200) 1t`Ld Dec. 28, 1959. feet to the boundary of any dWeAin e tgg district, unless a Use Permit sha11 first SECTION 9105.2. Height Limits: ' have been secured for the establish- (a) Chimneys, cupolas, flag poles ment, � maintenance and operation of monuments, radio and other towers, such use. water tanks, and similar structures and (c) Accessory uses and buildings in mechanical appurtenances may be per- any "C" or "M" District are permitted mitted in excess of height limits, sub- where such uses or buildings are inci- ject to first securing a Use Permit in dental to and do not alter the charac- each case. ter of the premises in respect to their (b) No fence, wall, hedge` or screen ' use for purposes permitted in the dis- planting of any kind shall hereafter trict. Such accessory buildings shall be be constructed or grown to exceed six allowed only when constructed con- (6) feet in height within any required current with or subsequent to the main side yard to the rear of the front line building, of any main building or in any required (a) Accessory uses normally a part rear yard nor to' exceed three (3) feet of any use permitted in any "R" Dis- in height in any required side yard trict may be permitted. This shall not between the front property line and be construed as permitting any com- the required front setback line,or in mercial use in any "R" District unless any required front 'yard or within such is specified in the regulations fifteen (15) feet ,of the corner of any for the district, nor shall this be deem- intersecting street rights of way; pro- ed to allow the manufacturing or pro- vided, however, that in cases where ' cessing of any substance or commodity there is a difference of six (0) feet for profit or the storage of vehicles, or more in elevation between the equipment or materials used in the building sites of abutting lots, no conduct of any retail or wholesale fence, wall, hedge or screen planting business. shall hereafter be constructed or grown (e) Public or no fee private parking in any yard area of the lower lot ad- lots for automobiles may be permitted jacent to the lot line of the higher in any "R" District adjacent to any "C" lot to a height in excess of three (3) ' or "M" District, subject to first secur- feet above the elevation of the build- ing a Use Permit in each case, ing site of the higher lot. (f) Churches, sclui-Qls,_hospitals, parks Section 9105.2 amended by Ord. 845, adopted and playgrounds, yacht clubs, ceme- April 14, 1958. ' teries (minimum area twenty (20) Section 9105.2 amended by Ord. No. 1043, acres), mausoleums, crematories, pub- adopted September 10, 1963. lic utility, public and quasi-public SECTION 9105.3. Building Site Area: buildings, and municipally operated (a) Any lot or parcel of land under ' parking lots may be permitted in any one ownership and of record on Au- cistrict, subject to first securing a Us� gust 2, 1943 may be used as a building Permit in each case. site even when of less area or width (g) The removal of earthen materials than that required by the regulations May be permitted in any district, sub- for the District in which it is located. ject to first securing a Use Permit in each case. (No permit required for SECTION 9105.4. Yards: normal grading or landscaping on lots (a) Architectural features such as of record.) cornices or eaves may extend not ex- (h) The Planning Director may ap- ceeding two and one-half _ feet prove temporary signs to advertise a into any required front or rear yard subdivision and temporary tract or setback; provided, however, that such real'estate offices for sales in new sub- architectural features shall not project divisions for a period not to exceed any closer than two (2) feet from side one (1) year following the date of property line. ' ' approval 'of the final map. (b) Fireplaces and chimneys not to 1 { CITY OF NEWPORT BEACH MUNICIPAL CODE 113-B exceed- eight (8) feet in width, con- structed of incombustible- material, ' may encroach to a distance of two (2) feet into any required front yard set- back of ten (10) feet or more in any "R" District, provided that the fire- place and chimney must be, located not less than five (5) feet from any side yard setback line. (c) Fireplaces and chimneys not to ' exceed nine (9) 'feet in width, con- structed of incombustible material, mqy encroach to a maximum distance of two and one-half (2%) feet from any side yard setback line provided that such encroachment must be at least two (2) feet from any side property IP 1 1 • 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 114 line. accessory building. (d) Open uncovered porches or Said detached accessory building landings may project a distance not may be built to within one (1) foot exceeding six (6) feet into -any re- of one of the side lot lines. Such ac- quired -front yard setback. cessory building shall not be located ' (e) Marquees, awnings or shades within five (5) feet of any alley or may project from the building into the within 'five (5) feet of the side line front yard setback in any "Rl"District of any alley or within five (5) feet of not to exceed five (5) feet from the the sidle line of the front one-half (%) building nor more than one-half the of any adjacent lot, or, in the case of ' depth of the required front yard, and a corner lot, to project beyond the must be within the required side yard front yard required or existing on the lines and have a clearance above grade adjacent lot. In the case a lot abut! vertically of not less than six and ting on two or more streets, no build- one-half (6%) feet. ing shall be erected closer to the prop- Any such projection from the build- -erty line than the front yard setback, ing shall be self-supporting and shall established on either street. In any, be of incombustible material or of not case where the rears of lots normally less than one-hour fire resistive con- border streets and the fronts of the struction. lots face a common walkway, the main- Marquees, awnings or shades may structure and/or accessory buildings project from the building into the rear may be constructed within fi�vgg (5) ' yard setback in any "R" District not feet of the rear property lie lot the to exceed two and one-half (2%) feet. case of subdivisions where lots or (f) Whenever an Official Plan Line building sites are laid out or planned has been established for, an street to border a street and overlook a water- has way, beach or bluff, the portion of required yards shall be measured from such lots bordering the street may be such line and in no case shall the considered the rear yard for purposes provisions of this Article be' construed of location, construction or mainte- as permitting any encroachment upon nance of main or accessory buildings, any Official Plan Line. provided that all of the lots in a block (g) In residential districts having conform to this pattern.✓In all such alleys to the rear of lots or building cases the required setback from the ' sites, attached or detached garages, street shall be a minimum of five (5) fences, hedges, screen plantings or feet and the normal front yard require- other obstructions must set back from ments shall apply to the portion of rear property lines the distances shown such lots adjacent to any waterway, ' in the following table: beach or bluff, except that such front Alley Width Setback yards may exceed the- maximum of 15' or less 5' thirty-five (35) feet perzpitted in resi- 15' 1" to 19' 11" 3' 9" dential districts. 26' or_more 2' 6" (i) Every building or portion thereof (h) In case an accessory building is which is designed or used for any dwelling purpose in any attached to the main building, it shall C or M be made structurally a part of and District shall comply with the require- have a common wall with the main ments of such appropriate residential building and shall comply in all re- district as is determined by the use to spects with the requirements of this which such "C" or "M" District prop- Article applicable to the main building. erty is being put; provided, however, Unless so attached an accessory build_ that when the entire ground floor of ' ing in an "R mercial or manufacturing purpose, the " District shall be located any such building used far any com- ing the rear one-half (1/2) of the lot and • at least six (6) feet from any Yard provisions specified for such "C" dwelling building existing or under or M' District may be applied to the construction on the same lot or any ground floor only. adjacent lot, provided that in any "R" Section 9105.4 amended by Ord. No. 970, District combined with any "B" Dis- adopted August 26, 1961 and amended by Ord. trict the Planning Commission may No. 1034, adopted April 8, 1963. approve the location of the accessory building on the front half of the lot and detached from the main building 1 without a variance, provided the lo- cation will not be detrimental to ad- joining property and further provided that the Planning Commission approves I, ' of the elevation and location of said &Ir X41D " 1 i r 1 1 y CITY OF NEWPORT BEACH MUNICIPAL CODE 115 SECTION 9105.41. Yards — Swim, Section 9105.5 amended by Ord. 845, adopted wing Pools, (a) Any Swimming pool, April 14, 1958, and by Ord. 909 adopted Feb. fish pond, or other body of water which 8, 1960. contains water eighteen (18) inches or more in depth for use in connection SECTION 9105.51. Requirements for with any single family, duplex., multi- Off-Street Parking. ple or apartment dwelling, shall be at (a) The requirements of this section least five (5) feet from any side or rear and any off-street parking standards yard property line and ten (10) feet adopted by the City Council shall apply from any front yard property line. No to the following: ' such body-of water shall be permitted (1) All off-street parking lots and in any required yard space unless the areas hereafter developed which are enclosing fence required in Section 8150 required by this Article. of this Code is permitted under the pro- visions of Section 9105.2(b). (2) All parking lots which are (b) Any pump, filter or heater in- hereafter permitted subject to first stalled to serve such body of water securing a use permit. shall be located not less than five (5) (3) All parking lots and parking feet from any side or rear yard proper- areas which are hereafter required ty line and in no event nearer than ten by the Planning Commission as a (10) feet to any dwelling on adjoining condition of granting a use permit. properties. Any such pump, filter, or Such off-street parking standards heater shall not be considered an acces- shall be adopted by resolution and ' sory building so long as any required shall show minimum dimensions of housing therefor does not exceed six parking spaces and aisles, requirements (6) feet in height. Pump may be oper- for entrances and exits, and require- ated only between the hours of 8 A.M.' ments for markings and other devices and 8 P.M. deemed necessary to protect patrons, Section 9105.4(h) added by Ord. 830 adopted the traffic on adjoining streets and Oct. 28, 1957. Section 9105.4(h) repealed and alleys, and property owners in the Section 9105.41 added by Ord. 924 adopted vicinity. luly 11, 1960. (b) where the boundaries of park- ing lots or parking areas adjoin prop- SE S prop- SECTION 9105.5. Automobile Star- erty in an R-1 or R-2 district, a wall age C Parking Space: shall be constructed along such boun- ' Accessible storage or parking space daries in such a manner as will pro- for the parking of automobiles off the vide protection to the public and own- street shall be provided in all districts, ers and occupants of adjoining prop- as follows: erty from noise, exhaust fumes, auto- (a) Not less than one (1) garage mobile lights, and other similar sources space for each single family dwelling. of disturbance. Said wall shall be con- (b) Not less than one (1) garage structed of solid masonry to a height space for each family unit in any of three (3) feet from the front of the ' duplex, triplex or dwelling group of property to a depth equal to the re- four (4) or less family units. quired front yard setback established (c) Not less than one (1) garage for adjoining property in a residential space for each two (2) guest rooms in district. The remaining portion of the ' any rooming house, wall shall be six (6) feet in height, the (d) Not less than one (1) parking lower four (4) feet of which must be space for each two (2) guest rooms in of solid masonry construction. any hotel. (c) A plot plan of any proposed park- ing lot or parking area shall be sub- (e) Not less than the first four (4) mitted to the Building and Safety Di- space for each tof h family units, and two 'first off-street rector for approval. The plot plan shall parking spaces, one (1) of which must show the layout of parking spaces, ' aisles, walls, and other requirements be a garage space, for each additional set forth in this section and in the off- family unit, in any dwelling group of more than four (4) family units. street parking standards. If the pro- (f) Not less than two (2) garage posed g parking lot or parking area as shown on the plot plan meet said re- spaces per family unit in any residen- quirements, the Director shall endorse tial `B" District. his written approval on the plan and Parking space required for other uses retain a copy thereof. If the proposed allowed in any "R" District and. not set plot plan does not meet the require- forth above shall be determined by the ments of this section, the Director shall Planning Commission and set forth return the plan to the applicant, to- as a condition to the granting of the gether with a written statement set- Use Permit for such use. ting forth the deficiencies in the plan, ' CITY OF NEWPORT BEACH MUNICIPAL CODE 115A within ten (10) calendar days after show desirable architectural standards, the submission of the -plan to the Di- but are not designs which must be rector. The parking lot or parking area copied in order to secure approval of ' shall be developed and maintained in plans. accordance with the plot plan as ap- (d) In case the applicant is not sat- provedL isfied with the decision of the Archi- (d) Where the size, shape, location, tectural Committee, he may within or topography oaf the proposed park- thirty (30) days after such action ap- ing lot or parking area make compli- peal in writing to the Planning Com- ance with the requirements of this mission. The Architectural Committee section impractical and will result in may, if it deems advisable, refer gilt' ' hardship, the Planning Commission, application for architectural approval upon application, may waive such re- to the Planning Commission for its de- quirements of this section and the off- cision., street parking standards as are nec- (e) In case the applicant is not sat- , essary to permit development of the isfied with the action of the planning parking lot or parking area so long as Commission, he may within thirty (30) the waiver does not create an unsafe condition or a condition which is detri- mental to surrounding property. Section 9105.51 added by Ord. No. 1031 adopted March 25, 1969. SECTION 9105.6. Architectural Con- trol: (a) In case an application is made for a permit for any buildin� , or struc- ture in any "C-M' "C" or "1V1" District ' said application shall be accomparnie3 by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure and proposed landscape or other treatment of the grounds around such building or struc- ture and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be consider- ed by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keep- ing with the character of the neighbor- hood and such as not to be detrimental to the orderly and harmonious develop-ment of the City, or to impair the de- sirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Committee of three (3) members, who may be em- ployees in the following departments of the City of Newport Beach: Build- ing Inspection and City Engineer. (c) The Architectural Committee shall have authority to approve archi- tectural sketches within the meaning of Section 9105.6 of this Article, but all approvals shall be based on stand- ards of good architectural design; such standards, which shall be entitled "Drawings and Illustrated Architectur- al Standards for Certain Areas Desig- nated in Article IX of the Municipal Code of the City of Newport Beach", shall be approved by the Planning Commission and the City Council, and shall be on file in the City Building In- spector's Office. Said drawings shall CITY OF NEWPORT BEACH MUNICIPAL CODE 116 days appeal in writing to the City the fiscal year during which such de- Council and said Council shall render struction occurs, may be restored only, its decision within thirty (30) days if a Use Permit is first obtained in each after the filing of such appeal. case. (f) No permit shall be issued in any (g) Ordinary maintenance and re- case hereinabove mentioned until such pairs may be made to any non-con- drawings and sketches have been ap- forming building providing �no strut- proved by the Planning Commission or fural alterations. are made and provid- by the City Council in the event of ap- in that such work does not exceed' peal from the Planning 'Commission, fifteen (15) percent of the appraised and all buildings, structures and value in any one (1) year period. Other grounds shall be in accordance with repairs or alterations may be permitted' the drawings and sketches. rove ed'-tliat a Us—e Permit--shall firsts Section 9105.6 amended by .Ord. 845, adopt- be-secured-in each case. ed April 14, 1958. (h-)-Nothing contained in this Article SECTION 9105.7. Non-Conforming shall be deemed to require any change g in the plans, construction or designated Uses: use of any building for which a build- (a) The lawful use of land existing , ing permit has properly been issued, at the tine of the adoption of this Ar- in accordance with the provisions of ticle, although such use does not con- ordinances then effective, and upon form to the regulations herein specified which actual construction has ' been for the district in which such land is started prior to the effective date of located, may be continued, provided this Article, provided that in all such that no such use shall be enlarged or cases actual construction shall be dili- increased, nor be extended to occupy a gently carried on until completion of greater area than that occupied by. the building. such use at the time of the adoption of this Article, and that if any such use SECTION 9105.8. Exempt Non-Con• ceases, the subsequent use of such land forming Buildings. shall be in conformity to the regulations The following types of non-conform- specified by this Article, for the district ing buildings are exempt from the re- in which such land is located. quirement of a Use Permit for certain ; (b) The lawful use of buildings ex- repairs, alterations or additions as isting at the time of the adoption of provided in Section 9105.7(g): this Article may.be continued, although (1) Buildings located in R-1-B, i such use-does not conform to the regu- R-2-B, R-3-B, and R-4-B Districts + lations specified for the district in which are non-conforming only be- l which such buildings are located, cause amendments of this Article (c) The non-conforming use of a por- have changed side yard requirements tion of a building may be extend ed subsequently to the original con- throughout the building prove ed tha struction of such buildings. Such — y in each case a Use Permit shall first non-conforming side yards may be t' E be obtained. di continued in the construction of (d) The non-conforming use of a additions. building may be changed to a use of (2) Buildings which are non forming only because amendmentsis of of the same or more restricted nature this'Article have changed the dimen- provided that in each case a Use Per- sions of required parking or garage mit shall first be obtained. spaces from eight (8),feet by twenty f (e) If the non-conforming use of a (20) feet to nine (9) feet by twenty building ceases for a continuous period (20) feet subsequently to the original of six (6) months, it shall be considered construction of the building; provid- abandoned and shall thereafter be used ed that the building together with i only in accordance with the regula- any proposed addition will conform tions for the District in which it is to existing provisions of this Article located. with regard to the number of re- i (f) A non-conforming building dam- quired parking or garage spaces. aged or destroyed by fire, explosion, Such repairs, alterations or additions earthquake, or other act to an extent must comply with all requirements of of more than ninety (90) percent of its this Article in effect on the date the - appraised value at the time of the application for a building permit is damage, as fixed by the General Ap- filed except as otherwise, provided in praisal Company of Los Angeles, Cali- this section. h fornia, or other equally responsible Section 9105.8 added by Ord. No, 909, adopt• firm, or to an extent of 100 percent of ed February 8, 1960. the appraised value thereof according Section 9105.8 amended by Ord, No, 1076, �• to the assessment by_ the Assessor for adopted January 13, 1964, -~ • , CITY OF NEWPORT BEACH MUNICIPAL CODE 116-A SECTION 9105.9. Official Plan Line provided, however, that in the event — Master, Street and Highway Plan, an official plan line is shown as such (a) For the purposes of this Article, on a map, entitled "Precise Plan of "mapped highway" shall be any second- Highway Alignment" for any portion ary, primary, or major highway, described above, then such provisions whether existing or proposed, shown of said section shall apply to such por- on map entitled "Master Plan, City of tion. Newport Beach, California, Street and Sections 9105.9 and 9105.91 added by Ord. Highway", adopted by City Coun- No. 932, adopted Aug. 8, 1960. cil Resolution No. 5224 on April 25, CHAPTER 6. PERMITS, 1960, and all amendments thereafter VARIANCES AND AMENDMENTS and hereafter adopted thereto; "center SECTION 9106.1. Zoning Permits. line" shall be either (1) a line midway SECTION 9106.11. Zoning Permits between the properties abutting the shall be required for all buildings and right of way of a mapped highway or structures hereinafter erected, -con- (2) a line, if any, shown as such on a strutted, altered, repaired, or moved map entitled "Precise,Plan of Highway within or into any district established Alignment" and any amendments there- by this Article, and for the use of va- to (in the event of conflict between (1) cant land or for a change in the char- and (2), the line described in (2) shall acter of the use of land, within any govern); 'official plan line" shall be district established by this Article. Such either (1) aline at the herein required permit may be a part of the building distance from the center line of any permit and shall be issued by the mapped highway, on each side thereof, Building Inspector prior to any con- or (2) a line, if any, shown as such on struction. a map entitled "Precise Plan of High- way Alignment" and any amendments Use permits, revocable, conditional thereto ) the event of conflict be-' or valid for a term period may be !s- in (1) and ern the line described sued for any of the uses or purposes in b) shall govern). for which such permits are required or (b) Official plan pp for real prop- permitted by th terms of this Article. erty abutting a mapped highway in the City of Newport Beach, measured SECTION 9106.21. Application. from the center line of said highway, (a) Applications for Use Permits shall be as follows: shall be filed in the office of the Plan- (1) Forty-two (42) feet for a Fifty street(50) feet highway.for a primary sec- Wing Department in writing on forms (2) Fifty prescribed by the Commission and shall street or highway. be accompanied by a fee of Thirty (3) Sixty (60) feet for a major Dollars ($30.00) and by plans and ele- street or highway. vations necessary to show the detail (c) No building shall be erected, of the proposed building or use. constructed, moved, or structurally al- (b) Application for a Use Permit tered so as to be closer to the center may be made by the owner, lessee, or line of a mapped highway than the agent of the owner of the property official plan line applicable thereto. affected. Said application s a be Yards where required by this Article signed by the record owner or the shall be determined in accordance with lessee, or may be signed by an agent Section 9105.4(d). of the owner if written authorization L ' SECTION 9105.91. Official Plan Line from the record owner is filed with —Master Street and Highway Plan— the applicat.ion, Exclusions. The hereinafter described Section 9166.21 amended by Ord. No. 737, portions of mapped highways shall be adopted January 17, 1955; Ord. No. 845, adopt- excluded from the provisions of Sec- ed April 14, 1958, Ord. No. 901, adopted De- tion 9105.9: cember 28, 1959; Ord. No. 1011, adopted (1) Balboa Boulevard between 45th September 11, 1962; Ord. No. 1059, adopted and 32nd Streets. September 23, 1963. (2) Balboa Boulevard between Al- varado Street and 6th Street, SECTION 9106.22. Delegation of Au- (3) Newport Boulevard between thority to Planning Director. 30th Street and McFadden (a) The Planning Commission may Place. delegate to the Planning Director au- (4) Irvine Avenue between West- thority to act on any specific class of Cliff Drive and Cliff Drive. Use Permit. Such delegation of author- (5) Dover Drive between Westcli'ff ity shall be made by formal resolu- Drive and Coast Highway. tion of the Planning Commission and (6) Marguerite Avenue between shall be subject to confirmation by 5th Avenue and Ocean Boule- the City Council. The withdrawal of vard; the authority so delegated to the Plan- CITY OF NEWPORT BEACH MUNICIPAL CODE 117 ning Director may be accomplished in be detrimental or injurious to property the same manner as the authority was and improvements in the neighborhood originally delegated or by formal reso- or the general welfare of the City. lution of the City Council alone. (b) The Planning Commission, Plan- (b) The Planning Director may in ning Director or the City Council in his discretion,decline to act on any ap- acting on appeals, may impose such ' Elication for a Use Permit over which conditions in connection with the grant- e has been granted jurisdiction and ing of a Use Permit as they deem may refer the application to the Plan- necessary to secure the purposes of ning Commission for its decision. this Article and may require guaran- The above Section 9106.22 added by Ord. tees and evidence that such conditions No. 1059, adopted September 23, 1963, are being or will be complied with. Such conditions may include requiPe- SECTION 9106.23. Public Hearings. ments for off-street parking facilities (a) No public hearings need be held as determined in each case. In the ' in connection with the grant or denial event of an appeal to the City Council of an application for a Use Permit; provided that the Planning Commission may in their discretion hold such pub- lic hearings as they deem advisable. (b) When a public hearing is deemed advisable, notice of such hearing shall be given by publication in the official ' newspaper of the City and by posting said notice in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior• ' to the hearing or ,by mailing said notices, postage prepaid at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of appli- cant's property. (c) Upon the date set for a public hearing before the Planning Commis- sion or an appeal before the City Council, the Planning Commission or the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in ' open meeting. The above Section 9106.23, formerly num. bered 9106.22, was renumbered and amended by Ord. No. 1059, adopted September 23, 1963. Said section (previously known as Section 9106.22) was amended by Ord. No. 845, adopt- ed April 14, 1958, and amended by Ord. No, 901, adopted December 28, 1959. ' SECTION 9106.24. Action by Plan- ning Commission, Planning Director, or City Council. (a) In order to grant any Use Per- mit, the Planning Commission, the Planning Director, or the City Council in acting on appeals, shall find that the establishment, maintenance or op- eration of the use or building ap- plied for will not, under the circum- stances of the particular case, be ' detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or CITY OF NEWPORT BEACH MUNICIPAL CODE 117-A from a decision of the Planning Com- Sion or the Planning Director in reach- mission or the Planning Director grant- ing a decision. ing or denying a Use Permit, the Plan- (c) The City Council shall render ' ning Commission or the Planning Di- its decision within sixty (60) days after rector shall file with the City Council the filing of such appeal. prior to the hearing of the appeal writ- The above Section 9106.25, formerly num- ten 'findings setting forth the reasons bered 9106.24, was renumbered and amended ' for 'the decision, by Ord. No. 1059, adopted September 23, 1963. (c) After the conclusion of the hear- Said section (previously known as Section in on any application for a Use Per- 9106.24) was amended by Ord. No. 901, adopt- m1t, the Planni vision within thirty-five ng Commission or the ed'December 23, 1959. ' Plannin4 Director shall render a de- SECTION 9106.26. Effect. witirty-five (35) days. Use No building or zoning permit or cer- Permits shall not become .effective tificate of occupancy shall be issued for fifteen (15) days after being grant- in any case where a Use Permit is re- ed, and in the event an appeal s filed quired by the terms of this Article said permit shall not become effective unless and until such Use Permit has unless and until a decision granting been granted by the Planning Com- said Use Permit is made by the City mission or Planning Director or by Council on such appeal. The granting the affirmative vote of the City Coun- of any Use Permit, when conforming cil on appeal and then only in accord- to the provisions of this Chapter, is ance with the terms and conditions hereby declared to be an adminiStra- of the Use Permit granted. ' tive function, the authority and re- The above Section 9106.26, formerly num- sponsibllity 'for performing which is bered 9106.25, was renumbered and amended imposed upon the Planning Commis- by Ord. No. 1059, adopted September 23, 1963. sion and the Planning Director and the' action thereon by said Planning Com- mission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter pro- vided. The above Section 9106.24, formerly num- bered 9106.23, was renumbered and amended by Ord. No, 1059, adopted September 23, 1963. Said section (previously known as' Section ' 9106.23) was amended by Ord. No. 940, adopt- ed October 10, 1960. SECTION 9106.25. Appeal - Use Per- mits. (a) In case the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning Director, he may appeal in writing to the City Council by filing a notice of appeal with the City .Clerk within fif- teen (15) days following said-action. (b) The City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 9106.23 (b). The City Clerk shall notify the .appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal ' is from a decision of the Planning Com- mission or the 'Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning Commission or the Planning Director shall be submitted to the City Council, ' together with all maps, letters, ex- hibits, and other documentary evidence considered by the Planning Commis- . ' CITY OF NEWPORT BEACH MUNICIPAL CODE 118 SECTION 9106.3. Variance and Ap- shall be made by formal resolution of peals. the Planning Commission and shall be ' Where practical difficulties, unneces- subject to confirmation by the City sary hardships and results inconsistent Council. The withdrawal of the author- with the general purpose of this Article ity so delegated to the Planning Direc- may result from the strict application for may be accomplished in the same of certain provisions thereof, variance manner as the authority was originally ' may be granted as provided 'in Sec- delegated or by formal resolution of tion 9106.31 to 9106.35 both inclusive, the City Council alone. SECTION 9106.31. Application. (b) The Planning Director may in (a) Applications for variances shall his discretion decline to act on any ' be made in writingand filed in the application for a variance over which he has been granted jurisdiction and., office of the Planning Department, on may refer the application to the Plan- forms prescribed by the Commission ning Commission for its decision. ' and shall be accompanied by a filing Section 9106.32 added by Ord. No. 1059, fee of Fifty Dollars ($50.00) if a public adopted September 23, 1963. hearing is deemed necessary by the Planning Director or Fifteen Dollars SECTION 9106.33. Public Hearings. ' ($15.00) if a public hearing is not re- (a) A public hearing shall be held quired. on all variances, except as otherwise (b) Application for a variance may provided in this Chapter, within sixty be made by the owner, lessee, or agent (60) days after filing of the applica- ' of the owner of the property affected. tion, notice of which shall be given Said application shall be signed by the by publication in the official newspaper record owner, lessee, or may be signed of the City and by posting said notice by an agent of the owner if written in not less than two (2) conspicuous ' authorization from the record owner places on or close to the property af- is filed with the application. fected at least ten (10) days prior to (c) The application shall, in addition, the hearing or by mailing said notice, be accompanied by a statement, plans postage prepaid, at least five (5) days and evidence showing: prior to hearing to all property own- (1) That there are exceptional or ers whose names and addresses appear extraordinary circumstances applying on the latest adopted tax roll as own- to the land, building or use referred ing property within a distance of three to in the application, which circum- hundred (300) feet from the exterior ' stances or conditions do not apply boundaries of applicant's property; generally to landy buildings and/or provided, however, that public hear- uses in the same district. ings need not be held on applications (2) That the granting of the appli- over which jurisdiction has been dele- cation is necessary for the preserva- gated to the Planning Director. tion and enjoyment of substantial (b) Upon the date set for a public property rights of the applicant. hearing'or an appeal to the City Coun- (3) That the granting of such ap- ' cil, the Planning Commission or the ' plication will not, under the cir- City Council may continue the hearing cumstances of the particular case, to another date without giving further materially affect adversely the health notice thereof if the date of the con- or safety of persons residing or work- tinued hearing is announced in open ' ing in the neighborhood of the prop- meeting. erty of the applicant and will not The above Section 9106.33, formerly number- under the circumstances of the par- ed 9106.32, was renumbered and amended by ticular case be materially detrimen- Ord. No. 1059, adopted September 23, 1963. ' tal to the public welfare or injurious Said section (previously known as Section to property or improvements in said 9106.32) was amended by Ord. No. 845, adopt- neighborhood. ed April 14, 1958, and amended by Ord. No. Sub-section (a) of Section 9106.31 amend- 901, adopted December 28, 1959. ' ed by Ord. No. 737, adopted January 17, SECTION 9106.34. Action by Plan- 1955; Section 9106.31 amended by Ord. No. nin Commission, Planning Director or 845, adopted April 14, 1958; Ord. No. 901, g adopted December 28, 1959; Ord. No. 1059, City Council. adopted September 23, 1963. (a) In Order t0 grant any variance, the findings of the Planning Commis- SECTION 9106.32. Delegation of Au- sion, the Planning Director or the City thority to Planning Director. Council in acting on appeals, shall be (a) The Planning Commission may that the applicant has established the delegate to the Planning Director au- grounds for variance set forth in See - thortty to act on any specific class of tion 9106.31 (c) (1), (2), and (3). variance. Such delegation of authority (b) The Planning Commission, Plan- ' ' CITY OF NEWPORT BEACH MUNICIPAL CODE 118-A ning Director, or City Council in acting Commission or the Planning Director on appeals, may designate such con- shall be submitted to the City Council, ' ditions in connection with the granting together with all maps, letters, exhibits of a variance as they deem necessary and other documentary evidence con- to secure the purposes of this Article, sidered by the Planning Commission and may require such guarantees and or the Planning Director in reaching ' evidence that such conditions are being a decision. or will be complied with. Such con- (c) The City Council shall render its ddtions may include requirements for decision within sixty (60) days after off-street parking facilitibs as deter- the filing of such appeal. mined in each case. The above Section 9106.35, formerly numbered ' (c) After the conclusion of the hear- 9106.34, was renumbered and amended by ing on any application for a variance, Ord. No. 1059, adopted September 23, 1963. the Planning Commission or the Plan- Said section (previously known as Secti n ' ning Director shall render a decision 9106.34) was amended by Ord. No. 805, adopt- within thirty-five (35) days following ed December 10, 1956, and amended by Ord. the close of the hearing on the appli- No. 901, adopted December 28, 1959. cation. A variance shall not become effective for fifteen (15) days after ' being granted, and in the event an appeal is filed said variance shall not become effective unless and until a decision granting said variance is made ' by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Chapter, is hereby declared to be an' ' administrative function, the authority and responsibility for performing which is imposed upon the Planning Commis- sion and Planning Director and the action thereon by said Planning Com- IP mission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided, ' The above Section 9106.34, formerly num- bered 9106.33, was renumbered and amended by Ord. No, 1059, adopted September 23, 1963. Said section (previously known as Section ' 9106.33) was amended by Ord. No. 805, adopt- ed December 10, 1956; and amended by Ord. No, 940, adopted October 10, 1960. SECTION 9106.35. Appeal - Var- iances. (a) In case the applicant or any person, firm or corporation is not satisfied with the action of the Plan- ning Commission or the Planning Di- rector, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within fif- teen (15) days after the decision is made. (b) The City Clerk shall set a date for public hearing of the appeal and ' give notice as required in Section 9106.33. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Com- mission or the Planning Director if the appeal is from a decision of the t Planning Director. Upon receiving no- tice (if. an appeal to the City Council, the written findings of the Planning 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 119 SECTION 9106.36. Appeals. the procedure of Sections 9106.51 to (a) The Planning Commission shall 9106.54, inclusive. have the power to hear and decide ap- peals based on the enforcement or in- SECTION 9106.51. Initiation. terpretation of the provisions of this (a) An amendment may be initiated Article. (b) In case an applicant is not satis- by:(1) The verified petition of one or ' fied with the action of the Planning more owners of property affected by the proposed amendment, which peti- tion shall be filed with the Planning within fifteen (15) days appeal in Commission and shall be accompanied writing to the City Council. b a fee of One Hundred Dollars ' (c) Notice shall be given to the (�100.00), no part of which shall •be Planning Commission of such appeal returnable to the petitioner, or by and the Planning Commission shall (2) Resolution of .intention of the submit a report to the City Council City Council, or by ' setting forth the reasons for action (3) Resolution of intention of the taken by the Commission or shall be Planning Commission. represented at the Council meeting at Section 9106.51 amended by Ord. No. 737, the time the matter is heard. adopted Jan. 17, 1955; Ord. No. 1011, adopted ' (d) The City Council shall render its Sept. 11, 1962. decision within thirty (30) days after the filing of such appeal. SECTION 9106.52. Public Hearings. Section 9106.33 amended by Ord. No, got, (a) The Planning Commission shall ' hold at least one (1) public hearing on adopted December 28, 1959; Section 9106.35 any proposed amendment, and shall renumbered Section 9106.36 by Ord. No. 1059, adopted September 23, 1963. give notice thereof by at least one (1) publication in a newspaper of general SECTION 9106.4. Revocation of Per- circulation within the City at least ten mits or Variances. (10). days prior to the first of such hearings. SECTION 9106.41. Any zoning per- (b) In case the proposed amendment mit, use permit, or variance granted in consists of a change of the boundaries accordance with the terms of this Arti- of any district so as to reclassify any cle shall be revoked if not used within property from any district to any other one and one-half (IY2) years from date district, the Planning -Commission shall ' of approval unless, on approval, the give additional notice through the Planning Commission specifies or has U. S'. Mails at least five (5) days prior specified a different period of time. to the first of any public hearings to all Section 9106.41 amended by Ord. No. 845, property owners within three hundred adopted Apr. 14, 1958. (300) feet of the applicants property, as shown on the last approved assess. SECTION 9106.42. Any zoning per- ment rolls of the City. mit, use permit, or variance granted in (c) Any failure to mail such notices accordance with the terms of this Arti- as aforesaid shall not invalidate any ' cle may be revoked if any of the condi- proceedings for amendment of this Ar- tions or terms of such permit or vari- title. anee are violated, or if any law or ordi- Section 9106.52 amended by Ord. No. 845, nance is violated in connection there- adopted Apr. 14, 1958. ' with. SECTION 9106.43. The Planning Commission shall hold a hearing on ' any proposed revocation after giving written notice to the permittee at least ten-(10) days prior to the hearing and shall' submit its recommendations to ' the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. SECTION 9106.5. Amendments. This Article may be amended by changing the boundaries of districts or by changing any other provision there- of whenever the public necessity and convenience and the general welfare require such amendment by following ' CITY OF NEWPORT BEACH MUNICIPAL CODE 120 SECTION 9106.53. Action by Plan- herein are defined as follows: ning Commission. SECTION 9107.11. "ALLEY". Any ' (a) Following the aforesaid hearings 4 public thoroughfare which affords only the Planning Commission shall approve a secondary means of access to abutting or disapprove the proposed amendment. property. If approved, the Planning Commission SECTION 9107.12. "AUTOMOBILE ' shall make and file a report of its find- COURT (MOTELS)". A group of two ings and recommendations with the gr p City Council. The Planning Commis- or more detached or semi-detached sion shall make its decision and file its buildings containing guest rooms or ' report no later than ninety (90) days apartments with automobile storage after the first published notice of the space serving such rooms or apartments Planning Commission hearing unless provided in connection therewithh which such time limit is extended upon the group is designed and used 'Mllarfily mutual agreement of the parties having for the accommodation of transient ' an interest in the proceedings. Failure automobile travelers. of the Planning Commission to take SECTION 9107.13. "BOARDING action on the proposed amendment or HOUSE". A dwelling other than a hotel ' failure to report within said time limit where lodging or lodging and meals for shall be deemed to be approval of the three (3) or more persons is provided proposed amendment by the Planning for compensation. Commission. SECTION 9107.131. "BUILDABLE ' (b) the proposed amendment is AREA". The area of a building site, disapproved, no further action shall taken thereon unless an appeal is fileded excluding any basic minimum side, i for buildings three front and rear yard spaces, required (3) stories or less f writing with the City Council within, fifteen (15) days after such disapproval. in height. ' SECTION 9106.54. Action by City Section 9107.131 added by Ord. No. 974, Council. adopted October 30, 1961. (a) Upon receipt of such report from SECTION 9107.14. "BUILDING". Any the Planning Commission, or upon the structure having a roof supported by expiration of the time limit prescribed the sh shelter or walls and df designed for in Section 9106.53(a), or upon the filing g y person, of any appeal, the City Council shall animal or chattel. ' set the matter for one public hearing SECTION 9107.15. "BUILDING, AC- giving notice thereof as provided by CESSORY". A subordinate building, law. Notice shall also be given to the the use of which is incidental to that Planning Commission of such appeal, of the main building on the same lot 1 and the Planning Commission shall and/or building site. submit a report of its findings and SECTION 9107.16. "BUILDING, recommendations to the City Council MAIN". A building in which is con- setting forth the reasons for the de- ducted the principal use of the lot ' cision of the Commission or the C'om- and/or building site on which it is sit- mission shall be represented at the uated. hearing. After the conclusion of such SECTION 9107.17. "BUILDING hearing, the City Council may adopt SITE". A lot or parcel of land, in single ' or reject the proposed amendment, or or joint ownership, and occupied or to any part thereof, in such form as said be occupied by a main building and ac- Council may deem to be advisable, or cessory buildings, or by a dwelling the Council may refer Commission matter back group and its accessory buildings, to- study the Planning Commotion for further p a study and recommendation. gether with such open spaces as are (b) The decision of the City Council required by the terms of this Article, shall be rendered within sixty (60) days and having its principal frontage on after the receipt of a report and rec- a street, road, highway, waterway or ' ommendation of approval from the ocean front. Planning Commission or after the ex- Section 9107.17 amended by Ord. No. 845, piration of the time limit prescribed in adopted Apr. 14, 1958. Section 9106.53(a), or within sixty (60) SECTION 9107.18. "BUSINESS, RE- days after the filing of any appeal. TAIL". The retail sale of any article, Sections 9106.53 and 9106.54 amended by substance, or commodity for profit or Ord. No. 937, adopted Sept. 26, 1960. livelihood, conducted within a building CHAPTER 7. DEFINITIONS but not including the sale of lumber or other building materials or the sale SECTION 9107.1. For the purpose of of used or secondhand goods or mate- this Ordinance, certain terms used rials of any kind. 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 120-A SECTION 9107.19. "BUSINESS, SECTION 9107.22. "DWELLING, WHOLESALE". The wholesale handl- ONE SINGLE FAMILY". A building ing of any article, substance or com- containing only one kitchen, designed ' modity for profit or livelihood, but not for or used to house not more than one including the handling of lumber or family, including all necessary em- other building materials or the open ployees of such family. storage or sale of any material or com- modity and not including the process- SECTION 9107.23. "DWELLING, ing or manufacture of any product or TWO FAMILY OR DUPLEX". A build- substance. ing containing not more than two kitch- ens, designed and/or used to house not ' SECTION910720."COMBIMNGDIS- more than two families, living incle- TRICT". Any district in which the gen- pendently of each other, including all eral district regulations are combined necessary employees of each such fam- with "-B" or "-H" for the purpose of ily. ' adding additional special regulations, SECTION 9107.24. "D W E L L I N G i.e. "R-l" combined with "-B" (R-1-13) MULTIPLE OR APARTMENT DWELL- increases the area and yard require- INGS". A building or portion thereof ments. "C-1" combined with "-H" used and designed as a residence for ' (C-1-11) adds the additional require- three (3) or more families living inde- ment of off street parking. pendently of each other, and doing SECTION 910721. "DISTRICT . A their own cooking in said building, in- portion of the City within which cer- eluding apartment houses, apartment ' hotels and flats, but not including auto- tain uses of land and buildings are per- mitted or prohibited and within which mobile courts. certain yards and other. open spaces Section 9107.24 amended by Ord. Nq. 845, ' are required and certain height limits adopted Apr. 14, 1958. are established for buildings, all as set SECTION 9107.25. "DWELLING forth and specified in this Article. GROUPS". A group of two or more de- 1 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121 tached or semi-detached, 1-family, 2- SECTION 9107.312. "PARKING family, or multiple dwellings occupy- LOT". An off-street parking facility ing a parcel of land, in one ownership containing five (5) or more parking ' and having any yard or court in com- spaces. mon, but not including automobile Sections 9107.311 and 9107.312 added by courts. Ord. No. 1031 adopted March 25, 1963. SECTION 9107.26. "FAMILY". One SECTION 9107.32. "PARKING ' or more persons occupying a premises SPACE". An accessible and usable off- and living as a single housekeeping street parking space. unit, as distinguished from a group oc- Section 9107.32 amended by Ord. 845, adopt- cupying a hotel, club, fraternity or sor- ed April 14, 1958 and amended by Ord. No. ' ority house. A family shall be deemed 1031 adopted March 25, 1963. to includie necessary servants. SECTION 9107.27. '"GARAGE SECTION 9107. "REVERSED SPACE". An accessible and usable cov- FRONTAGE". A keeyy lot or the first lot ' ered space of not less than nine (9) to the rear of a corner lot, the front line feet, clear width, inside measurements, by twenty (20) feet, clear length, in- side line which is a continuation of the a the corner lot and fronting ' side measurements, for the parking of up the street which intersects the street automobiles off the street, such space upon which the corner lot fronts to be located on the lot so as to meet and/or which faces the street upon the requirements of this Article for an which the side of a corner lot abuts. ' accessory building. Any such garage SECTION 9107.34. "ROOMING OR space to be so located on the front one- BOARDING HOUSE". A dwelling half (I/z) of a lot shall have side walls, other than a hotel where lodging and/ roof, and an operating garage door for• or meals for three or more persons are access of automobiles. provided for compensation. ' Section 9107.27 amended by Ord. 756, adopt- SECTION 9107.35. "STREET". A pub- ed Sept. 26, 1955, and Ord. 845, adopted April lic or private thoroughfare which af- 14, 1958. fords principal means of access to SECTION 9107.28. "HEIGHT OF abutting property, including avenue, BUILDINGS". The vertical distance place, way, drive, lane, boulevard, hfare from the average level of the highest way, road, and any other thoroughfare and lowest point of that portion of the except an alley as defined herein. ' lot covered by the building to the top- SECTION 9107.36. "STREET LINE". most point of the roof. The boundary between a street and SECTION 910,7.29. "HOTEL". Any property, building or portion thereof containing SECTION 9107.37. "STRUCTURE". 6 or more guest rooms used, designed Anything constructed or erected, the or intended to be used, let, or hired use of which required location on the out to be occupied or which are occu- ground or attachment to something t pied by 6 or more individuals for com- having location on the ground. pensation whether the compensation for hire to be paid directly or indi- SECTION 9107.38. "STRUCTURAL rectly. ALTERATIONS". Any change in the SECTION 9107.30. "JUNK YARD". supporting members of a building, such as bearing walls, columns, beams or The use of more than 100 square feet girders. of the area of any lot or the use of any ' portion of that half of any lot, which SECTION 9107.39. "TRAILER half adjoins any street, for the storage COURT". Land or premises used or in- of junk, including scrap metals or other tended to be used, let or rented for scrap materials or for the dismantling occupancy by or of trailers or movable or "wrecking" of automobiles or other dwellings, rooms or sleeping quarters vehicles, or machinery whether for sale of any kind. or storage. SECTION 9107.40. "USE". The pur- SECTION 9107.31. "NON-CONFORM- pose for which land or premises of a ING USE". A use that does not con- building thereon is designed, arranged, form to the regulations for the district or intended or for which it is or may in which it is situated. be occupied or maintained. ' SECTION 9107.311, "PARKING S E C T 10 N 9107.41. "USE-ACC'ES- AREA". An off-street parking area SORY". A use incidental and accessory containing fewer than five (5) parking to the mg located onitusehe of a lot lot.or a build- spaces. 1 CITY OF NEWPORT BEACH.MUNICIPAL CODE 121-A SECTION 9107.42. "YARD". An open notwithstanding the provisions of Chap- space other than a court on the same ter 6 shall be processed in accordance lot with a building, which open space with the terms of this section. is unoccupied and unobstructed from (b) Any application for a Use Permit the ground upward, except as otherwise under the provisions of this chapter permitted in Section 9105.4. shall be accompanied by a fee of Five ' SECTION 9107.43. "YARD—FRONT". . Hundred Dollars ($500) if the land A yard extending across the front of area of the proposed development is the lot between the inner side yard five (5) acres or less plus One Hundred Dollars lines and measured from the front prop-' ' erty line of.the lot; provided that,,if of an acrree in n for each acre excess of five (5) acres. or portion any official ,plan lime has been estab- (c) Such application shall be pro- lished for the side of the street upyn cessed by the Planning Commission which the front of the lot faces, then' and transmitted to the City Council ' such yard shall be measured from such with a recommendation for its approval or disapproval and any conditions the official plan line. Planning Commission feels should be SECTION 9107.44. "YARD—REAR". imposed. The City Council may ap- ' A yard extending across the full width prove, disapprove or refer the same of the lot and measured from the rear back to the Planning Commission for property line of the lot; provided that, further processing. Any such permit is if any official plan line has been estab- subject to the final approval of the City ' lished for the side of the street upon Council. which the rear of the lot faces, then SECTION 9108.3. Land Area Re- such yard shall be measured from such gnired. official plan line. A planned residential development ' SECTION 9107.45. "YARD--SIDE". shall have sufficient land area to meet A yard extending from the front prop- the objectives set forth in Section erty line of the lot to the rear yard and 9108.1. measured from the side property line SECTION 9108.4. Dwelling Types plan established the lot; provided if any official and Uses Permissible. plan line has been established for the a Only single-family dwellings, side of the street upon which the side O y g y of the lot faces, then such yard shall and accessory uses and buildings nor- be measured from such official plan mally incidental thereto, shall be per- line mitted in an R-1 District. Sections 9107.43, 9107.44 and 9107.45 amend- (b) Only single-family dwellings, ed by Ord. No. 932, adopted Aug. 8, 1960. two-family or duplex dwellings, or any ' combination thereof, and accessory CHAPTER 8. PLANNED uses and buildings normally incidental RESIDENTIAL DEVELOPMENTS thereto, shall be permitted in R-2 Dis- tricts. ' SECTION 9108.1. Planned Residential (c) Only single-family .dwellings, Development. two-family or duplex dwellings, mul- tipleA planned residential development is or apartment dwellings, or any mation thereof as approved by a development planned and designed comb ' as a unit to produce an environment the Planning Commission, and acces- of stable, desirable character not out sory uses and buildings normally in- of harmony with its surrounding cidental thereto, shall be permitted in neighborhood and which meets stand- an R-3 or R-4 District. ' ards of density, open space, light and (d) Community centers, social halls, air; pedestrian and vehicular access, lodges, clubs, private recreation centers, and traffic circulation similar to the churches, schools, yacht clubs, and regulations of this Article for the "R" parks and playgrounds may be permit- District or Districts in which such de- ted in a planned residential develop- velopment is to be located, ment in any R District. All uses or buildings other than those specified SECTION 9108.2. Use Permit Re- herein shall be prohibited. quired. SECTION 9108.5. Perimeter of Public (a) Planned residential developments l may be permitted in any R District Streets; Partial Waiver. when a Use Permit is first secured for (a) A planned residential develop- each such development. Such Use Per- ment shall be bounded on all sides by mit shall be subject to the regulations public streets. a;nd requirements of this chapter and (b) A partial waiver of this require- 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A1 ment may be permitted when it is (1) Two (2) covered parking spaces found and determined that such par- for each family dwelling unit in the tial waiver will not be inconsistent with development. adequate standards of pedestrian and (2) There shall also be required vehicular access and traffic circula- for visitors and guests at least one (1) — 'Z tion for the development and for the parking space for every two (2) fam- area in which the development is lo- ily dwelling units in the develop- cated. ment. Such parking spaces may be SECTION 9108.6. Conformance to uncovered and shall be so located as Master Plan. to be accessible to such visitors and All planned residential developments guests. The requirement for this ad- shall conform to the Master Plan of ditional parking may be waived the City of Newport Beach, and no when it is determined that there will i such development shall. be approved be sufficient parking space to ade- unless such development does conform quately serve the development with- to the Master Plan. out it. SECTION 9108.7. Maximum Building (3) The required parking spaces Coverage. or any portion thereof may be group- ed The maximum building coverage for th when it is found and determined the development shall not exceed forty that such grouping of parking spaces cent 40%) of the land area being and the location thereof will be ac- er P ( cessible and useful in connection developed, exclusive of land area being with the proposed dwelling units in ' set aside for the rights-of-way of pub- the development. lic or private streets and alleys. SECTION 9108.13. Use Permit Appli- SECTION 9108.8. Minimum Land cation. Area per Dwelling Unit. An application for a planned resi- t The minimum land area for each dential development shall be in the family dwelling unit, exclusive of land form of an application for Use Permit area being set aside for the rights-of- and shall be accompanied by the fol- way of public or private streets and lowing information, maps and plans: alleys, shall be not less than that re- (1) A boundary survey map of the quired for the district or districts in real property; a•tentative subdivision which such development is to be lo- map may be substituted if the appli- cated, cant proposes to subdivide the prop- Sections 9108.7 and 9108.8 amended by Ord. erty. No. 1001, adopted May 14, 1962• (2) Topography of the develop- SECTION 9108.9. Minimum Floor ment area and the proposed finished Living Area per Dwelling Unit. grade shown in contour intervals of ' There shall be a minimum floor liv- not to exceed two (2) feet upon re- ing area of one thousand (1,000) square quest of the Planning Department. feet for each family dwelling unit in (3) The gross land area of the de- an R-1 or R 2 District, and there shall velopment, the present zoning classi- ' be a minimum floor living area of six fication thereof, and the zoning hundred (600) square feet for each classification and land use of the family dwelling unit in an R-3 or R-4 area surrounding the proposed de- Di'strict. Garage space shall not be in- velopment, including the location of ' cluded in measuring this requirement. structures and other improvements. SECTION 9108.10. Maximum Building (4) A general development plan Heights. with at least the following details The maximum building heights shall shown to scale and dimensioned: ' be designated in the Use Permit but a. Location of each existing and shall in no event exceed those building each proposed structure in the de- heights prescribed in the district or velopment area, the use or uses districts in which such development to be contained therein, the num- ' is to be located. ber of stories, gross building and SECTION 9108.11. Yards and Open floor areas, approximate location Spaces. of entrances and loading ,points The front and rear yards and open thereof. spaces between buildings shall be des- b. All streets, curb cuts, driving ignated in the Use Permit. lanes, parking areas, loading areas, SECTION 9108.12. Off-Street Park- public transportation points, and ing illumination facilities for the same. ' The off-street parking requirements c. All pedestrian walks, malls for each such development shall be as and se and members for rsthe thuse puf oc follows: ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A2 d. Location and height of all ing Inspector of the City to enforce walls, fences and screen planting, the provisions of this Article pertain- ' including a detailed plan for the ing to the creation, construction, recon- landscaping of the development struction, moving, conversion, altera- and the method by which such tion or addition to any building or landscaping is to be accomplished. structure. ' e. Types of surfacing, such as SECTION 9109.2. Any person, firm, paving, turfing or gravel to be used or corporation, whether as principal, at the various locations. agent, employee, or otherwise, violating f. A grading plan of the area. or causing the violation of any of the ' (5) Plans and elevations of one or provisions of this Article shall be guil- more structures to indicate architec- ty of a- misdemeanor, and upon con- tural type and construction standards. viction thereof shall be punishable by (6) A verified petition for a change a fine of not more than $300.00 or by ' in zoning classification in accordance imprisonment in the County Jail of the with Section 9106.5, if such a change County of Orange or the City Jail of in zoning classification is required the City of Newport Beach, for a term to make such development conform not exceeding 150 days or by both such ' to the Master Plan. fine and imprisonment. Such person, (7) Such other information as may firm or corporation shall be deemed to be required by the City to assist be guilty of a separate offense for each in the consideration of the proposed and every day during any portion of ' development. which any violation of this Article is committed or continued by such per- SECTION 9108.14. Reports from Fire son, firm or corporation and shall be and Public Works Departments. punishable as herein provided. ' The application and accompanying information, maps, and plans shall be SECTION 9109.3. Any building or structure set up, erected, constructedy submitted to the Fire Department and altered, enlarged, converted, moved or Public Works Department and written maintained contrary to the provisions recommendations in connection there- of this Article, and any use of any land, with shall of supplied action those de- building or premises established, con- on such before final action is taken g on such development. ducted, operated or maintained con- trary to the provisions of this Article, SECTION 9108.15. ,Building Permits. shall be and the same is hereby de The Department of Building and clared to be unlawful and a public Safety shall insure that a planned resi- nuisance; and the City Attorney of said dential development is undertaken and City shall, upon order of the City Coun- completed in conformance with the ap- cil, immediately commence action or proved plans and the terms and condi- proceedings for the abatement and re- tions of the Use Permit for such de- moval and enjoinment thereof in the velopment. No building permit shall manner provided by law, and shall be issued for any construction or de- take such other steps and shall apply velopment which does not conform to to such courts as may have jurisdiction such plans, terms, and conditions. to grant such relief as will abate and Chapter B repealed by Ord. No. 952, adopted ' March 27, 1961, new Chapter S added by Ord. No. 955, adopted April 10, 1961. ' CHAPTER 9. ENFORCEMENT, PENALTIES AND LEGAL PROCEDURE SECTION 9109.1. All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Article and shall issue no per- mit or license for uses, buildings, or purposes in conflict with the provisions ' of this Article; and any such permit or license issued in conflict with the pro- visions of this Article shall be null and void. It shall be the duty of the Build- , 1 mar CITY OF NEWPORT BEACH MUNICIPAL CODE 121-B remove such building or structure, and sentence, clause and phrase hereof, ir- restrain and enjoin any person, firm respective of the fact that any one or 1 or corporation from setting up, erect- more sections, subsections, sentences, ing, building, maintaining, or using clauses or phrases be declared invalid. any such building contrary to the pro- visions of this Article. CHAPTER 12. REFERENCE 1 SECTION 9109.4. The remedies pro- SECTION 9112.1. This Article shall vided for herein shall be cumulative be known and cited as the Zoning Law and not exclusive. of the City of Newport Beach. Refer- SECTION 9109.5. Interpretation. ence to section numbers herein are to When interpreting and applying the the sections of this Article. provisions of this Article, they shall be i held to be the minimum requirements SECTION 9124. Oil Wells. No person 1 adopted;for the promotion of the public shall erect or construct oil drilling der- health, safety, comfort, convenience ricks or oil drilling equipment within and general welfare. It is not intended the City, or shall drill from the sur- by the adoption of this Article to re- face or by subterranean drilling, for peal or in any way to impair or inter- oil, petroleum, tar, gas or other hydro- 1 fere with any existing provision of law carbon substances within the City, or shall build or establish refineries for of the Municipal Code of the City of Newport Beach, or any rules, regula- the purpose of refining petroleum, oil, 1 gas, tar or other hydrocarbon tions or permits previously adopted stan- or issued or which shall be adopted ces within said City, except thatt it shall be lawful under the provisions hereof or issued pursuant to law relating to the erection, construction, establish- to drill for oil, petroleum, tar, gas 1 ment, moving, alteration or enlarge- slant other hydrocarbon substances by ment of any legal building or improve- slant drilling or subterranean drilling ment; nor is it intended by this Arti- s and under the area hereinafter de- ment; cle to interfere with or annul any scribed, provided that the drilling sites easement, covenant, or other agree- shall b located outside of the city lini- ment between parties; provided, how- its l the City and that such drilling ever, that in cases in which this Arti- shall be a vertical depth at least cle imposes greater restrictions than four hundd red feet below thee ground are imposed or required by other pro- surface within the area mentioned and 1 hereafter described. visions of law or the Municipal Code of the City of Newport Beach, or by That the area in the City in which such rules, regulations or permits or slant drilling or subterranean'drilling by such easements, covenants or agree- shall be permitted, under the terms 1 ments, then in such cases the provisions hereof, is described as being: of this Article shall control. All that area lying northwest- Section 9109.5 added by Ord. No. 952, adopt- erly of the southeasterly line of ed March 27, 1961. 53rd Street, and the northeast- erly and southwesterly pro- CHAPTER 10. REPEALING longation of said southeaster- SECTION 9110.1. Ordinance No. 525 ly line of 53rd Street, as said is hereby repealed and all other ordi- 53rd Street is laid out and 1 nances and parts of ordinances of said shown upon a map of Ocean City in conflict with this Article to the Front Tract, recorded in Book extent of such conflict and no further, 4, Page 12 of Miscellaneous are hereby repealed provided that Maps, Records of Orange Coun- t nothing herein contained shall be ty, California, and a map of deemed to repeal or amend any ordi- River Section, recorded in nance of said City requiring a permit Book 4, Page 25 of Miscellan- or license or both to cover any business eous Maps, Records . of said 1 trade or occupation. County. CHAPTER 11. VALIDITY SECTION 9124.1. Any proposed SECTION 9111.1. If any section, sub- change in or expansion of the area section, sentence, clause or phrase of within the City of Newport Beach in this Article is for any reason held by which slant drilling or sub-terranean a court of competent jurisdiction to be drilling is allowed by Section 9124 of invalid, such decision shall not affect this Code shall first be submitted to 1 the validity of the remaining portions the qualified electors of the City of of this Article. The City Council hereby Newport Beach for approval or dis- declares that it would have passed this approval. If a majority of said qualified Article and each section, subsection, electors vote in favor of such a ques- t . CITY OF NEWPORT BEACH MUNICIPAL CODE 121-C . tion, then and only then shall the City Council have the power to act on such question. This section shall apply only to the boundaries of the City of New- port Beach as they exist on April 13, 1954, together with any territory in the process of annexation on said date. This section shall not apply retroactively to any drilling operation or contract en- tered into prior to the effective date of this section. It is specifically declared that it is the intention of this Section 9124.1 that it shall apply solely to the question of a change in or expansion of the area in which slant or sub-terranean drilling is permitted and shall not apply to any other question involving the drilling for or production of oil, gas or other hydrocarbon substances within the City of Newport Beach, under the City of Newport Beach or its tide and sub- me ' rged lands. Section 9124.1 added by Ord. 715, effective April 30, 1954. SECTION 9125. Fire Hazards. Every person who was at the effective date of Ordinance No. 372 of the City con- ducting, carrying on, maintaining or engaging in any of the businesses des- ignated in Section 9124 of this Chapter, and who continues such operation shall conduct the same so as' to prevent fire hereby or therefrom, which may en- danger, injure or destroy the property of any person within the City. SECTION 9126. Nuisances. No per- son shall conduct any of the businesses within the City heretofore enumerated in Section 9124, in such manner that the noise, smell, odor or gas produced thereby obstructs the free use and en- joyment by others of their property. SECTION 9127. Same. No person shall permit any of the businesses enumerated in Section 9124 hereof, to become offensive to the senses or to permit the same to interfere with the complete enjoyment of life or property by others. SECTION 9128. Watchman. No per- son shall permit or allow a standing derrick or other oil drilling equipment upon any lands within the City without a watchman in constant charge and at- tendance, and the leaving of any well, whether in operation or not, without a watchman in constant charge and at- tendance, shall be and constitute a nuis- ance within the meaning of this Chap- ter, which said nuisance may be abated. Section 9129 and 9129A repealed by Ord. 650, adopted Oct. 8, 1951. 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I ' t / G nw erw yr •ax arw r City Of Newport Beach Municipal Code Districting Map 46 vn nw ix = tit $ , `_ / I E 0 I . 1 a n ~ jig a i cc NTH HO 1 City Of Newport Beach Municipal Code Districting Map 48 rt rw Nrw nr = S � a o ' Z O rF S O y � S � ea 3 oea000 W Z a t y t t a 2 e � F i nNOT ON NYw Ilf r � City Newport Beach Municipal Code Districting Map } $ -- - - , e i � ■ � � §! ! z �■ � �_ � |) � | a � ; � ■ | ! | | | i City Of Newport Beach Muniipnl We Districting Map 50 M IA JX : n R t 1 � � ao�oao a 1 0 � 1 g ' 4I Y M 111 i • ,l TABLE 'OF CONSENTS SECTION. �' PaEKe 9101.0 Purpose °°•. ..... .... ....... ...... ....................... ............ 104 9102.0 Districts .. ............. ..... ... ............ . ............4..... ..... .. 104 9103.0 R-A Agricultural-Residential District Regulations............... . 104 9103.1 R-1 Single Family District Regulations 105 9103.2 R-2 Duplex Residential District Regulations 105 9103.3' R-3 Restricted Multiple Residential Regulations ....o°.........e. 105-A 9103.4 R-4 Multiple Residential District Regulations ..e................ 106 9103.480 C-N Neighborhood Commercial District Regulations ...........•.... 107 9103.490 C-0 Limited Commercial-Multiple Residential District Regulations. 107 9103.5 C-1 Light Commercial District Regulations 108 9103.6 C-2 General Commercial District Regulations 109 9103.680 I Intermediate District Regulations 110 9103.7 M-1 Manufacturing District Regulations 1.10 9103.8 U Unclassified District Regulations 110-A 9103.9 M-1-A Controlled Manufacturing District Regulations 110-A 9104.1 B Combining or "-B" District Regulations Ill 9104.2 H Combining or "-H" District Regulations ...................°•• 112 (Off Street Parking Requirements) 9104.3 Z Combining or "-Z" District Regulations . ............0.4. . .... 113 (Off Street Parking Requirements) 9104.4 UL Combining or "-UL" District ..... .... 113 (Unlimited Heights when combined with a C-0 or R-4 District) 9105 Chapter 5 General Provisions and Exceptions 113-1 Uses, Height Limits, Building Site Area, Yards, Swimming Pools, Automobile Storage or Parking Space, Architectural Control, Non-Conforming Uses, Non-Conforming Buildings- Additions, Official Plan Line-Master Street and Highway Plan, Official Plan Line-Master Street and Highway-Plan- Exclusions. 9106.1 Chapter 6 Permits, Variances and Amendments .............°.•....•.••••• 116-A Zoning Permits, Use Permits, Variance, and Appeale, Revocation of Permits or Variance, Amendments. 9107.1 Chapter 7 Definitions ......................°°°• °°°°°°°°°°•°°°°°°°°°°°° 120 9108.1 Chapter 8 Planned Residential Developments ...............e............ 121-A 9109.1 Chapter 9 Enforcement, Penalties and Legal Procedure 121-A2 9110.1 Chapter 10 Repealing ...... .. .........ee...eo.................e......... 121-B 9111.1 Chapter 11 Validity .. ..................•.°.•.....•.......••°°°•••°°•••• 121-B 9112.1 Chapter 12 Reference °. ..°.°o°°.°°°.ev000....0000..o.oe.e.......0.0,.... 121-B 6 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 104 City of Newport Beach ARTICLE IX PLANNING AND ZONING ' Sections 9101.0 to 9112.1 inclusive amended by Ord. 635, adopted Dec. 12, 1950, CHAPTER 1. PURPOSE Unclassified or U District. ' SECTION 9101.0. The purpose of this Controlled Manufacturing District or M-1-A District. Article IX is to promote the growth of the City of Newport Beach, in an ordier- Section 9102.0 amended by Ord. No. 716, ly manner and to promote and protect adopted Apr. 12, 1954, Ord. No. 845, adopted the public health, safety, peace, comfort Apr. 14, 1958; Ord. No. 925, adopted Aug. and general welfare and to protect the 8, 1960. character and social and economic sta- bility SECTION 9102.1. In addition to the and of all districts within the City general districts established above, the ficial development of such areas. ' and to assure the orderly and b. following special districts are establish- ed which, when combined with the SECTION 9101.1. The Zoning or Dis- above general districts, establish ad- t tricting Plan effectuated by this Article ditional special regulations: Combin- is a part of the Master Plan and con- ing or "-B" Districts — Combining or sists of the establishment of various "-H" Districts — Combining or "-Z" districts including all the territory Districts — Combining or "-UL" Dis- within the boundaries of the City, with- tricts. in which, the use of land and build- Section 9102.1 amended by Ord. No. 925, ings, the space for buildings and the adopted August 8, 1960 and by Ord. No. 984, height and bulls of buildings are reg- adopted December 11, 1961. ' ulated. SECTION 9101.2. No building or SECTION 9102.2. The designations, structure shall be erected, reconstruct- locations and boundaries of the districts ed or structurally altered in ,any man- established are delineated upon the ' ner, nor shall any building or land be maps entitled "Districting Map for the used for any purpose, other than as City of Newport Beach, California", permitted by and in conformance with dated November 27, 1950, which maps this Article and all other Ordinances, and any additional maps subsequently ' Sections of this Code, laws and maps adopted and all notations and informa- referred to therein. tion thereon are hereby made a part of this Article by reference. CHAPTER 2. DISTRICTS Section 9102.2 amended by Ord. No. 845, ' SECTION 9102.0. The several gen- adopted April 14, 1958. eral districts established are as follows: SECTION 9102.3. Any district adjoin- Agricultural-Residential District or ing any right-of-way extends to the R-A District. center ofn such right-of-way. ' Single Family Residential District Section 9102.3 added by Ord. No. 901, or R-1 District. adopted Dec. 28, 1959. Duplex Residential District or R-2 District. CHAPTER 3. REGULATIONS 1 Restricted Multiple Family Residen- SECTION 9103.0. Agricultural-Resi- tiai District or R-3 District. identiai or R-A District. M The following regulations shall apply Multiple Residential District or R-4 ' District. in all R-A Districts and shall be sub- Neighborhood Commercial District jest to the provisions of ,Section 5. or C-N District. SECTION 9103.01. Uses Permitted: Limited Commercial—Multiple Resi- (a) Single Family Dwellings. dential or C-O District. (b) Light farming, except commer- Light Commercial District or C-1 cial dairies, commercial kennels, com- District. mercial rabbit, fox, goat or hog farms, General Commercial District or C-2 or commercial poultry ranches. ' District. (c) Accessory uses normally inci- Intermediate District or I District. dental to i single family dwelling or light farming. This is not to be con- Manufacturing District or M-1 Dis- strued as permitting any commercial trict. use. CITY OF NEWPORT BEACH MUNICIPAL CODE 104-A ' (d) One sign, not over six (6) square feet in area and unlighted, pertaining only to the sale, lease or rental of the property upon which the sign is to be ' located. SECTION 9103.02. Building Height Limit: (a) Maximum of thirty-five (35) feet. SECTION 9103.03. Building Site Area and Lot Width Required. (a) Minimum of six thousand (6,000) ' square feet and a minimum width of sixty (60) feet. In no case shall there be more than one (1) single family dwelling on any one (1) building site. ' SECTION 9103.04. Percentage of Building Site Coverage Permitted: (a) For aggregate building coverage, maximum of forty (40) percent of ' building site area. 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 105 SECTION 9103.05. Yards and Open SECTION 9103.14. Building Site Area ' Spaces Required: Coverage Permitted. (a) Front yards; minimum twenty (a) Full coverage, less required front, (20) feet except as may be otherwise side and rear yards. (Except in com- indicated on the Districting Maps. bining or "-B" Districts, see 'Section ' (b) Side yards: ten (10) percent of 9104.1.) lot width with a minimum of three SECTION 9103.15. Yards Required: (3) feet and a maximum of six (6) feet, (a) Front yards: Minimum required provided that the side yard on the rear twenty (20) feet and maximum per- one-half (i/i) of the street side of a mitted thirty-five (35) feet, except as corner lot, where there is reversed may be otherwise indicated on the Dis- frontage, shall not be less than the tricting Maps. Distances shown on Dis- front yard required or existent on the tricting Maps are to be measured from adjacent reversed frontage, front property line. (c) Rear yards: twenty (20) percent (b) Side yards: Each side yard shall of lot depth with a minimum of fif- not be less than three (3) feet wide teen (15) feet and a maximum of twen- on building sites forty (40) feet wide ty-five (25) feet. or less, or four (4) feet on lots wider (d) Other: accessory buildings used than forty (40) feet, provided that the for the keeping of chickens or other side yard on the rear twenty feet poultry or rabbits or other animals of the street side of a corner lot, where shall be not less than sixty (60) feet there is reversed 'frontage, shall not be from the front property line nor less less than the front yard required or than twenty (20) feet from any side existing on the adjacent reversed front- or rear property line. age. SECTION 9103.1. Single Family or (c) Rear yards: Minimum require- , R-1 District. ment of ten (10) feet. (Where alleys The following regulations shall apply exist, see Section 9105.4(e).) in all R-1 Districts and shall be subject Section 9103.15 amended by Ord. 845, adopt. to the provisions of Chapter 5 of this ed April 14, 1958. ' article. SECTION 9103.2, Duplex Residential SECTION 9103.11. Uses Permitted: or R-2 District. (a) Single Family dwellings. The following regulations shall apply (b) One accessory building only if in all R-2 Districts and shall be sub- -constructed simultaneously with or ject to the provisions of Chapter 5. subsequent to the main building on SECTION 9103.21. Uses Permitted: the same lot or building site. (a) Single family dwellings. (c) Accessory uses normally inci- (b) Two detached single family dental to single family dwellings. This dwellings or-one duplex. is not to be construed as permitting (c) Accessory uses normally inciden- commercial uses. N tal to single family dwellings or du- (d) One sign, not over six (fi) square plexes. This is not to be construed as N feet in area, and pertaining only to the permitting any commercial uses. sale, lease or rental of the property (d) One sign not over six (6) square—. upon which the sign is to be located. feet in area and pertaining only to Section 9103.11 amended by Ord. 845, adopt- the sale, lease or rental of the property ' ed April 14, 1958. upon which the sign is located, SECTION 9103.12. Building Height Section 9103.21 amended by Ord. 845, adopt- Limit: ed April 14, 1958. (a) For dwellings — maximum .two SECTION 9103.22. Building Height stories, but not exceeding thirty-five Limit: (35) feet. (a) For dwellings — maximum two 4 (b) For accessory buildings — max- stories but not exceeding thirty-five imum fifteen (15) feet. (35) feet. i SECTION 9103.13. Building Site (b) For accessory buildings — max- Area and Lot Width Required: imum fifteen (15) feet. ' (a) For each dwelling—minimum of SECTION 9103.23. Building Site Area five thousand (5000) square feet and and Lot Width Required: minimum width of fifty (50) feet on (a) For each two (2) dwellings or interior lots, minimum of six thousand one duplex — minimum of five thous- (6,000) square feet and minimum and (5,000) square feet and, minimum width of sixty (60) feet on corner lots. width of fifty (50) feet on interior lots, ' In no case shall there be more than minimum of six thousand (6,000) one (1) single family dwelling on any square feet and minimum width of one (1) building site. (See Section sixty (60) feet on corner lots. In no 9105.3 for exceptions.) case shall there be more than two (2) Seection 9103.13 amended by Ord. 901, adopt- single family dwellings or one duplex ied Dec. 28, 1959. on any one (1) building site. (See Sec- CITY OF NEWPORT BEACH MUNICIPAL CODE 105-a tion 9105.3 for exceptions.) Section, 9103431 and 9103.32 amended by ' (b) For each family unit in any Ord. No. 845, adopted April 14, 1958 and by building — minimum of one thousand Ord. No. 974, adopted October 30, 1961. (1,000) square feet of land area. SECTION 9103.33. Accessory Uses Section 9103.23 amended by Ord. 845, adopt. Permitted: ed April 14, 19581, and amended by Ord. 901, (a) Accessory uses and buildings adopted Dec. 28, 1959. normally incidental to any of the above. SECTION 9103.24. Building Site Cov- This shall not m construed r perper- t g mitting any commercial uses or occu- erage Permitted: pation other than those specifically (a) For aggregate building coverage listed. full coverage, less required front, SECTION 9103.34. Building Height' ' side, and rear yards. (Except in Com- Limit:SEC EC bining or "-B" districts, see Section (a) For main buildings -- thirty-five 9104.1). . (35) feet, SECTION 9103.25. Yards Required: (b) For accessory buildings — max- (a) Front ,yards: Minimum required imum fifteen (15) feet. twenty (20) feet, and maximum per- Section 9103134 amended by Ord. No, 845, mitted thirty-five (35) feet, except as adoped April 14, 1958 and by Ord. No. 974, may be otherwise indicated on the Dis- adopted October 30, 1961. ' tricting Maps. Distances shown on Dis- SECTION 9103.35. Building Site Area tric Maps are to be measured from ting Required: front lot line, (a) For each buildm or group of ' (b) Side yards: Each side yard shall buildings —minimum of five thousand not be less than three (3) feet wide on (5,000) square feet and minimum width building sites forty (40) feet wide or of fifty (50) feet on interior lots, rain- less, or four (4) feet on lots wider than imum of six thousand (6,000) square ' forty (40) feet, provided that the side feet and minimum width of sixty (60) yard on the rear twenty (20) feet of feet on corner lots. the street side of a corner lot, where (b) For each family unit in any build there is reversed frontage, shall not be ing or group of buildings — mmunum less than the front yard required or of twelve hundred (1200) square feet existing on the adjacent reversed front- of land area,, age. , Section 91M.35 amended by Ord. 845, adopt- (c) Rear yards: Minimum require- ed April 14, 1958 and amended by Ord. 901, �Grc,� fyel 0`°c xi t, ten 9105.4(Where alleys adopted Dec, 28, 1959. tt 9. SECTION 9103.36. Building Site Cov- ,d (d)Between detached buildings: Min- erage Permitted: imum ten (10) feet.' Section 9103:25 amended by Ord. 845, adopt- (a) For aggregate building coverage,full coverage, less required front, side ed April 14, 1958, and rear yards. (Except in combining SECTION 9103.3. Restricted Multiple or "-B" districts, see Section 9104.1). �y 1 Family Residential or R-3 District. SECTION 9103.37. Yards Required:The following regulations shall apply (a) Front yards: Minimum required in all R-3 Districts and shall be subject twenty (20) feet, and maximum per- to the provisions of Chapter 5. mitted thirty-five (35) feet, except as 1 SECTION 9103.31. Uses Permitte�.. may be otherwise indicated on the Dis- ' tricting Maps. Distances shown on Dis- -( e Single family dwellings and du- tricting Maps are to be measured from i plebxes. front lot lines. 1 us Multiple dwellings, apartment (b) Side yards: Each side yard shall houses and dwelling groups. not be less than three (3) feet wide on (c) Signs not over s1e Ep square building sites fort 40 feet feet in area and unlighted, pertaining less, or four (4) feet on lots wider wide only to the sale; lease a rental c the forty (40) feet, provided that the side property upon which the sigiTis located. yard on the rear twenty (20) feet of SECTION 9103.32. Uses permitted, the street side of a corner lot, where subject to first securing a Use Permit there is reversed frontage, shall not be in each case: I less than the front yard required or (a) Community centers, social halls, existing on the adjacent reversed front- lodges, clubs, rest homes, and motels. age. (b) Signs larger than six-(,q--square (c) Rear yards: Minimum of ten (10) feet and appurtenant to any use., feet. 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 106 ' (d) Special yards and distance be- permitting any commercial use or oc- tween buildings: cupation other than those specifically (1) Distance between buildings in permitted. any dwelling group—minimum Section 9103.43 amended by Ord. 845, adopt- eight (8) feet. ed April 14, 1958. (2) Side yard providing access to I Z t single row dwelling group — SECTION 9103.44. Building Height minimum twelve (12) feet. Limit: ' (3) Inner court providing access to (a) The total floor area contained in double row dwelling group — all buildings on a building site .in an minimum twenty (20) feet. R-4 District shall not exceed five (5) SECTION 9103.38 Automobile Stor- times the buildable area of said it ' age or Parking Space: provided, however, that floor are dc- (a) Accessible storage or space for voted to parking within a bul dVig the parking of automobiles off the shall not be considered in determining street shall be provided as set forth in the total floor area allowed; and pro- Section 9105.5, Chapter 5, of this Arti- vided further that in no event shall any cle. building exceed a height of fifty (50) Section 9103.38 added by Ord. No. 974, feet except that the mechanical aP- adopted October 30, 1961. purtenances thereof may exceed the height limit by a maximum of fifteen SECTION 9103.4. Multiple Residen- (15) feet. tial or RA District. (b) For accessory buildings — fifteen The following regulations shall apply (15) feet provided the height limit ' in all R-4 Districts and shall be subject may be increased upon the obtaining to the provisions of Chapter 5. of a Use Permit in each case. Section 9103.44 amended by Ord. No. 845, SECTION 9103.41. Uses Permitted: adopted April 14, 1958 and by Ord. No. 974, ' (a) Single family dwellings and du- adopted October 30, 1961. plexes. (b) Multiple dwellings, apartment .SECTION 9103.45. Building Site Area houses and dwelling groups. Required: ' (c) Hotels, motels and rooming or (a) Same as 'specified for R-3 Dis- boarding houses. tricts. (d) Community centers, social halls, (b) For each family unit in any lodges and clubs. building or group of buildings, the ' (e) Signs not over twelve (12) square minimum lot area shall be eight hun- feet in area and attached to the main dred (800) square feet. building. (c) For each guest room in any Section 9103.41 amended by Ord. No. 974, hotel or motel, the minimum lot area adopted October 30, t961. shall be three hundred (300) square feet. SECTION 9103.42. Uses permitted, Section 9103.49 amended by Ord. No. 845, subject to first Securing a Use Permit adopted April 14, 1958 and by Ord. No. 974, in each case: adopted October 30, 1961. ' (a) Professional offices. SECTION 9103.46. Building Site Cov- (b) Hotel and motel restaurants, "on- erage Permitted: sale" liquor establishments, and other (a) Same as specified for R-3 Dis- appurtenant services and retail shops tricts. designed primarily for the convenience of the guests of said hotels and motels SECTION 9103.47. Yards Required: and provided that all access shall be (a) Front, rear and special yard re- from a lobby, patio or court yard, and quirements same as specified for R-3 further provided that no advertising Districts. be visible from any street. (b) Side yards: For main buildings (c) Signs larger than twelve (12) three (3) stories or less in height, a ' square feet and'appurtenant to any use. side yard on each side of the building Section 9103.42 amended by Ord. No. 845, equal in width to eight (8) per cent adopted April 14, 1958 and by Ord. No. 974, of the average width of the lot shall adopted October 30, 1961. be provided. Beginning with the fourth I ' SECTION 9103.43. Accessory Uses story of main buildings over three (3) stories in height, the width of each of Permitted: the required side yards shall be in- (a) Accessory uses and buildings creased a distance equal to two (2) per normally incidental to any of the cent of the average width of the lot I ' above. This shall not be construed as for each story in excess of three. In 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 107 no event, however, shall a side yard square feet, Minimum building site of more than twenty-five (25) feet be frontage required twenty-five (25) feet. required. Section 9103.483 added by Ord. No. 845, SECTION 9103.471. Automobile Stor- adopted April 14, 1958 and amended by Ord. age or Parking Space: No. 974, adopted October 30, 1967. (a) Accessible storage or space for SECTION 9103.484. Yards Required: parking of automobiles off the street , (a) Front yards: Minimum fifteen shall be provided as set forth in Section (15) feet; provided, however, that 9105.5, Chapter 5, and Section 9104.21, where the, frontage in a block is par- Chapter 4, of this Article. tially in an "R' District the front Section 9103.47 amended and Section 9103.471 yard shall be not less than that re- added by Ord. No. 974, adopted October 30, quired in such "R'i District. 1961. Section 9103.480. Neighborhood Section prig 14, added by Ord. No. 845, g adopted April 14, 1958 and amended by Ord. Commercial or C-N District. No. 974, adopted October 30, 1961. The following regulations shall apply SECTION 9103.485. Automobile Stor- in all C-N Districts and shall be sub-' age or Parking Space:ject to the provisions of Chapter 5. (a) When a C-N District is combined Section 9103.480 added by Ord. 845, adopted with an"-H" or"-Z"District,accessible April 14, 1958, storage or space for the parking of SECTION 9103.481. Uses Permitted: automobiles off the street shall be pro- (a) Professional offices, community vided as set forth in Section 9104.21 centers, social halls, lodges and clubs. and Section 9104.31, Chapter 4, of this (b) Retail stores and personal serv- Article. ice establishments within a building, Section 91D3.485 added by Ord. No. 974, ' including appliance stores, bakeries. adopted October 30, 1961. (not wholesale), banks, barber shops, SECTION 9103.490. Limited Commer- beauty parlors, bookstores, department cial-Multiple Residential or C-O Dis- stores, drug stores, food shops, hard- tract. ware stores, nurseries, offices, radio he following regulations shall apply stores, restaurants, antique shops, shoe in The following Districts and shall shall sub- shops, studios, tailor shops, and other ject to the provisions of Chapter 5. uses which in the opinion of the Plan- ' ring Commission are of a similar SECTION 9103.491. Uses Permitted: nature. (a) Multiple dwellings or apartment (c) One non-flashing sign appurte- houses, hotels, motels, professional of- nant to any permitted use and not over fices, clubs, and restaurants. ' thirty-five (35) square feet in area for (b) Retail sales, and wholesale sales each side (if two sides are usedi). when combined with retail sales of a Section 9103.481 added by Ord. No. 845, similar nature; storage therefor shall adopted April 14, 1958, and amended by Ord. be within a building, except for boats. No. 1016, adopted Nov. 13, 1962. (c) Signs appurtenant to any per- SECTION 9103.481.1. Uses permitted, mitted use. subject to first securing a Use Permit SECTION 9103.492. Uses permitted, in each case: subject to first securing a Use Permit ' (a) Gasoline service stations. in each case: Section' 9103.481.1 added by Ord. No. 1016, (a) Light manufacturing, including adopted Nov. 13, 1962. repair of boats, and other uses which SECTION 9103.482. Building Height in. the opinion of the Planning Com- ' Limit: mission are of a similar nature. (a) The total'fioor area contained in (b) Gasoline service stations. all buildings on a building site in a (c) Signs, other than those appurte- C-N District shall not exceed two (2) nant to any permitted use. times the buildable area of said site; Sections 9103.490, 9103.491, 9103.492 added provided, however, that floor area by Ord. No. 913, adopted Feb. 23, 1960, Section devoted to parking within a building 9103,492 amended by Ord. No. 1016, adopted shall not be considered in determining Nov. 13, 1962. the total floor area allowed, and pro- SECTION 9103.493. Building Height ,. vided further that in no event shall Limit: any building exceed a height of thirty- (a) The total floor area contained in five (35) feet. all buildings on a building site in a ' Section 9103.482 added by Ord. No. 845, C-O District shall not exceed five (5) adopted April 14, 1958 and amended by Ord, times the buildable area of said site; No. 974, adopted October 30, 1961. provided, however, that floor area de- SECTION 9103.483. Building Site voted to parking within a building Area Required: shall not be considered in determining (a) Minimum two thousand (2,000) the total floor area allowed; and pro- ' CITY OF NEWPORT BEACH MUNICIPAL CODE 108 vided further that in no event shall Sections 9103.493, 9101494, 9103.495 amend- any building exceed a height of eighty- ed by Ord. No. 974, adopted October 30, 1961. five (85) feet except that the mechani- Section 9103.495 amended by Ord. No. 1052, cal appurtenances thereof may exceed adopted August 26, 1963. the height limit by a maximum of SECTION 9103.496. Automobile Stor- fifteen (15) feet. age or Parking Space. SECTION 91U3.494. Buildn,6 Site (a) When a GO District is combined Area Required: with an H or Z District, accessible (a) Minimum two thousand (2,000) storage or space for parking of auto- square feet. Minimum building site mobiles off the street shall be provided frontage twenty-five (25) feet. as set .forth in Section 9104.21 and (b) For each family unit in any Section 9104.31, Chapter 4, of this building or group of buildings, the Article. ' ' minimum lot area shall be eight hun- Section 9103.496 added by Ord. No. 974, dred (800) square feet. adopted October 30, 1961. (c) For each guest room in any hotel SECTION 9103.5. Light Commercial or motel, the minimum lot area shall g ' be three hundred (300) square feet. or C-1 District. The following regulations shall apply SECTION 9103.495. Yards Required: in all C-1 Districts and shall be sub- (a) Front yards: Except as may be ject to the provisions of Chapter 5 indicated on the Districting Maps, no SECTION 9103.51. Uses Permitted: front yards shall be required; pro- (a) Professional offices, community vided, however, that where the front- age in a block is partially in an "R" centers, social halls, lodges and clubs. (b) Retail stores and personal dery- District, the front yard shall be the. ice, same as required in such "R" District, including appliance shments within stores, bakeries (b) Side yards: For buildings in (not wholesale), banks, barber shops, excess of three (3) stories in height, beauty parlors, book stores, department which are designed exclusively for uses stores, drug stores, food shops, hard- other than residential, there shall be ware stores, nurseries, offices, radio a side yard on each side of the build- stores, restaurants, antique shops, shoe ing, beginning with the fourth story, shops, studios, tailor shops, and other of not less than five (5) feet. Said uses which in the opinion of the Plan- side yards shall be increased in width ning Commission are of a similar a distance equal to two (2) per cent nature. of the average width of lot for each C) Signs appurtenant to any per- story in excess of four (4). In no mitted use. event, however, shall a side yard of more than twenty-five (25) feet be SECTION 9103.52. Uses permitted, required. subject to first securing a Use Permit For buildings designed to be used in in each case: whole or in part for residential pur- (a) Animal hospitals, auto sales and poses, there shall be a side yard on repair shops, boat sales, gasoline serv- each side of the building, beginning ice stations, marine service stations, with the first story used in whole or cleaning establishments, laundries, in part for residential purposes, of not launderettes, mortuaries, outdoor mar- less than 'five (5) feet, increasing in kets, wholesale stores, outdoor sales width thereafter a distance equal to establishments, pet shops, public gar- two (2) per cent of the average width ages, trailer courts, theatres, used car of the lot for each story above said sales lots and other uses which in the first story used for residential purposes. opinion of the Planning Commission In no event, however, shall a side yard are of a similar nature. of more than twenty-five (25) feet be (b) Handicraft enterprises, including required. the manufacturing and repair of house- Where the side of a lot abuts the hold furnishings, clothing, ceramics, side line of a lot in an "R" District, the novelties and toys, and uses which in aforementioned requirements shall ap- the opinion of the Planning Commis- ply for the side yard abutting the "R" sion are of a similar nature. ' District at the ground level for all (c) Hotels, motels, boarding houses buildings. and residential uses4 (c) Rear yards: None, except where (d) Signs, other than those appur- the rear of a lot abuts on an "It" Dis- tenant to any permitted use, including ' trict, in which case the rear yard shall billboards. be not less than five (5) feet. Sections 9103.51 and 9103.52 amended by (d) Rear yards abutting on alleys: Ord. No. 845, adopted April 14, 1958; amended Minimum ten (10) feet, by Ord. No. 901, adopted Dec. 28, 1959, and ' Sections 9103.493, 9103.494, 9103.495 added amended by Ord. No. 1016, adopted Nov. by Ord. No. 913, adopted February 23, 1960. 13, 1962. 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 109 ' SECTION 9103.53. Building Height smoke, dust, odor and waste of any Limit: kind is confined and/or purified so as ' (a) The total floor area contained in to control pollution of air, soil and all buildings on a building site in a water to meet the standards or require- C-1 District shall not exceed two (2) ments of the Planning Commission, times the buildable area of said site; and in such a manner to eliminate any ' provided, however, that floor area de- detrimental effect to public health, voted to parking within a building shall safety and welfare and be in harmony not be considered in determining the with objectives of the planning of this total floor area-allowed, and provided city. further that in no event shall any (b) The Planning Commission may building exceed a height of thirty-five designate such conditions as it deems (35) feet. necessary to secure the purposes of this Section 91031.53 amended by Ord. No. 974, section and may require such guaran- ' adopted October 30, 1961. tees and evidence that such conditiont SECTION 9103.64. Building Site Area are being or will be complied with. Required: Section 9103.60 added by Ord. 845, adopted (a) Minimum two thousand (2,000) April 14, 1958. ' square feet. Minimum building site SECTION 9103.61, Uses Permitted: frontage required twenty-five (25) feet. (a) Professional offices, community Section 9103.54 amended by Ord. No. 974, centers, social halls and clubs. adopted October 30, 1961. (b) Wholesale stores and storage SECTION 9103.55. Yards Required: within a building, wholesale bakeries. (a) Front yards: None, except where The following uses when con- the frontage in a block is partially in ducctt ed within a building or enclosed at an "R" District, in which case the front' le a solid board or masonry fence e: yard shall be the same as required in least six es, feet in height in each case: such "R" District. Creameries, bottling works, building (b) Side yards: None, except where material yards, contractors yards, feed the side of a lot abuts upon the side and fuel yards, including machine of a lot in an "R" District, in which shops, storage of goods materials case the side yard shall be not less and other uses which in thhee opinion of the Planning Commission are of a than five (5) feet. ' similar nature.(d) Signs appurtenant to any permit- (c) Rea# yards- None, except where the rear o a lot abuts on an "R" Dis- trict in which case the rear yard shall te S use. be not less than five (5) feet. Section 9103. 1 amended , Ord. adopt- (d) Rear yards abutting alleys: Min- ad May 10, 1954; Ord. adoptedd Apr. 14, ' imum ten (10) feet.. 1958; and Ord. 901, adoptepledd Dec. 28, 1959. (e) Yard requirements for residen- SECTION 9103.62. Uses permitted, tial uses shall be established by Use subject to first securing a Use Permit Permit procedure. in each case: Section 9103.55 amended by Ord. 901, adopt- (a) Lumber yards, light manufactur- ed December 28, 1959 and by Ord. No. 974, ing, including manufacture and repair adopted October 30, 1961. of boats, clothing, novelties and toys, SECTION 9103.56. Automobile Stor- gasoline service stations, and uses which in the opinion of the Planning age or Parking Space: Commission are of a similar nature. (a) When a C-1 District is combined (b) Hotels motels residential uses' with an "-H" or "-Z" District, accessible storage or space for the parking of trailer courts, and houseboat marinas. automobiles off the street shall be (c) Signs, other than those appurte- provided as set forth in Sectlon 9104.21 nant to any permitted use. and Section 9104.31, Chapter 4, of this Sub-section (d) of Section 9103.62 added by Article. Ord. 723, adopted May 10, 1954, and deleted Section 9103.56 added by Ord. No. 974, by Ord. 831, adopted Oct. 19, 1957. adopted October 30, 1961. Section 9103.62 amended by Ord. 845, adopt. ed Apr. 14, 1958; amended by Ord. 901, SECTION 9103.6. General Commer- adopted Dec. 28, 1959; and amended by Ord. dial or C-2 District. No. 1016, adopted Nov. 13, 1962. The following regulations shall apply Section 9103.62 amended by Ord. No. 1037, in all C-2 Districts and shall be subject adopted May 13, 1963. to the provisions of Chapter 5. SECTION 9103.63. Building Height ' SECTION 9103.60. Limit: (a) Uses permitted in the C-2 Dis- (a) Maximum height of any build- trict shall be planned, developed and ing — fifty (50) feet, provided that operated in such a manner that noise, additional height may be permitted if CITY OF NEWPORT BEACH MUNICIPAL CODE 110 a Use Permit is first secured in each building site area, and the yards re- case. quired;in an I District shall be the same as those set out in Section 9103.53, for ' SECTION 9103.64. Building Site Area building height limit, in Section 9103.54, Required: for building site area, and in Section (a) For each main building — min- 9103.55, for yards required, in a C-1 ' imum two thousand (2,000) square feet. Zone. Minimum building site frontage twee- Sections 9103.680, 9103.681, 9103,682 added ty-five (25) feet. by Ord. 716, adopted April 12, 1954. SECTION 9103.65. Yards Required: SECTION 9103.7. Manufacturing or ' (a) Front yards: None, except where M-1 District. the frontage in a block is partially in The following regulations shall apply an "R" District, in which case the Front in all M-1 Districts and shall be sub-, yard shall be the same as required in such "R" District. ject to the provisions of Chapter 5. (b) Side yards: None, except where SECTION 9103.70. the side of a lot abuts upon the side (a) Uses permited in the M-1 Dis- of a lot in an "R" District, in which trict shall be planned, developed and case the side yard shall be not less operated in such a manner that noise, than three (3) feet. smoke, dust, odor and waste of any (c) Rear yards: None, except where kind is confined and/or purified so as the rear of a lot abuts on an "R" Dis- to control pollution of air, soil and trict in which case the rear yard shall water to meet the standards or require- be not less than three (3) feet, ments of the Planning Commission, and (d) Read yards abutting on alleys: in such a manner to eliminate any de- Minimum ten (10) feet. trimental effect to public health, safe- (e) Yard requirements for residential ty and welfare and be in harmony with uses shall be established by use per- objectives of the planning of this city. mit procedure. (b) The Planning Commission may Section 9103.65 amended by Ord. 901, adopt- designate such conditions as it deems ed Dec. 28, 1959. necessary to secure the purposes of this ' SECTION 9103.66. Automobile Stor- section and may require such guaran- age or Parking Space: tees and evidence that such conditions (a) When a C-2 District is combined are being or will be complied with. , with an "-H" or "-Z" District, acces- Section 9103.70 added by Ord. 845, adopt- sible storage or space for the parking-of ed April 14, 1958. automobiles off the street shall be pro- SECTION 9103.71. Uses Permitted: vided as set forth in Section 9104.21 (a) Retail and wholesale stores or ' and Section 9104.31, Chapter 4, of this storage, including storage of cement Article, and lime incidental to a retail or whole- Section 9103.66 added by Ord. No. 974, sale business, service establishments, adopted October 30, 1961. light industrial and manufacturing uses ' SECTION 9103.680. Intermediate or I and any other uses which, in the opin- ion of the Planning Commission are of District. The following regulations shall apply similar nature, but under the same in all I Districts and shall be subject limitations ectons sand restrictions specified in to the provisions of Chapter 5. sections governing same.(b) Signs appurtenant to any per- SECTION 9103.681. Uses Permitted: mitted use. (a) All uses permitted in a C-1 Dis- SECTION 9103.72. Uses permitted, trict, under the same terms and condi- subject to first securing a Use Permit tions as are applicable to a C-1 Dis- in each case: trict, as contained in Sections 9103.51 (a) Gasoline service stations, house- and'9103.52 of the Municipal Code, spe- boat marinas, and fish smoking, cur- cifically excepting from said C-1 Dis- ing or freezing. trict uses the following: Markets, serv- (b) Signs, other than those appurte- ice stations, drug stores, barber shops, nant to any permitted use, including malt shops, restaurants, beauty parlors, billboards. or any other type of business which Sub-section (d) of Section 9103.72 added by ' by its nature, might directly vend ar- Ord. No. 723, adopted May 10, 1954, and tieles or services to persons under 18 deleted by Ord. No. 831, adopted October 14, years of age, all of which are prohib- 1957. Section 9103.72 amended by Ord. No. ited in an I Zone. 974, adopted October 30, 1961; and amended ' SECTION 9103.682. Building Height by Ord. No. 1016, adopted Nov. 13, 1962. Limit, Building Site Area Required, Section 9103.72 amended by Ord. No. 1037, Yards Required. The height limit, the adopted May 13, 1963. CITY OF NEWPORT BEACH MUNICIPAL CODE 110-A Section 9103.73. Uses Prohibited: SECTION 9103.8. Unclassified or U (a) Auto wrecking, fish canneries District. and/or reduction grinding and process- The following regulations shall apply ing Oants; drilling for and/or removal in all Unclassified or U Districts and of oil, gas, or other hydrocarbon ma- shall be subject to the provisions of terials; distillation-of bones; dumping, Chapter 5. ("U" District shall include disposal, incineration or reduction of all of the incorporated area within the garbage, sewage, offal, dead animals or City not precisely zoned or included refuse, fat rendering; manufacture or in any zone or district as provided for storage of acid, cement, explosives, fire- under the zoning code of the City of works, fertilizer, glue, gypsum, lime, Newport Beach.) plaster of paris or asphalt, stockyard Section 9103.8 amended by Ord. 845, adopt. or slaughter of animals, refining of pe- ed April 14, 1958. troleum or its products, smelting of iron, tin, zinc, or other ores; junk yards, SECTION 9103.81. Uses Permitted: hog raising, bag manufacture or clean- (a) All uses not otherwise prohibit- ing, blast furnace or boiler works, ed by law, provided that a Use Permit ' breweries, coke ovens, cooperage works, shall first be secured for any use to incinerators, cordage mills, foundries, be established in any "U" District, ex- tanneries, and all other uses which in cept authorized piers. the opinion of the Planning Commis- sion are of similar nature or may be SECTION 9103.82. Other Regulations: objectionable as provided by Section (a) Building height limits, building 9103.70(a). site area required and yards required Section 9103.731 amended by Ord. 845, adopt- shall be as specified in the Use Permit. ' ed April 14, 1958. SECTION 9103.9. Controlled Manu- SECTION 9103,74. Building Height facturing District Designated as M-1-A Limit: District. (a) The total floor area contained in The following regulations shall apply all buildings on a building site in an in all M-1-A Districts and shall be sub- M-1 District shall not exceed four (4) ject to the provisions of Chapter 5 of times the buildable area of said site; this Article, except that where conflict provided, however, that floor area de- in regulations occur, the regulations ' voted to parking within a building shall specified in this Section shall apply. not be considered in determining the A. M-1-A Districts may be establish- total floor area allowed; and provided ed in areas where it is deemed desir- further that in no event shall any build- able to provide for limited manufactur- ' ing e exceed a height of fifty (50) feet ing facilities of a design and type which except that the mechanical appurte- will enhance the area and not be detri- nances thereof may exceed the height mental to surrounding property or the limit by a maximum of fifteen (15) City. feet. Uses permitted in the M-1-A District Section 9103.74 amended by Ord. No. 974, shall be planned, developed, conducted adopted October 30, 1961. and operated in such a manner that SECTION 9103.75. Yards Required: noise, smoke„ dust, odor and waste of (a) Front yards: None, except where any kind t confined and/or purified so the frontage in a block is partially in to control pollution of air, soilor an "R" District, in which case the front w w to to meet the standards requiree- - yard shall be the same as required in menus of the Planning Commission and such `R" District. in such a manner to eliminate any health, rimental effect to the public health,, (b) Side yards: None, except where safety and welfare and be in harmony the side of a lot abuts upon the side of with the obectives of the general ' a lot in an "R" District, in which case planning. the side yard shall be not less than B. The Planning Commission may five (5) feet. designate such conditions as it deems (c) Rear yards: None, except where necessary to fulfill the purpose of this ' the rear of a lot abuts on an "R" Dis- section and may require such guaran- trict, in which case the rear yard shall tee and evidence that such conditions be not less than ten (10) feet. are being or will be complied with. (d) Rear yards abutting on alleys: ' Minimum ten (10) feet. SECTION 9103.91. Uses Permitted: Section 9103.75 amended by Ord. No. 901, Administrative and professional of- adopted December 28, 1959 and by Ord. No, fices, accessory to uses permitted in this 974, adopted October 30, 1961. district; residences for watchmen or 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 110�13 custodians employed on site; employ- front property line and extending ees cafeterias or auditoriums; research across the property from the side lines laboratories and institutes; electrical fifteen (15) feet deep measured from and electronic products and instru- the front property line shall be pro- ments manufacturing; cartography; vided. Said property front yard area bookbinding, printing and lithography; shall be appropriately landscaped and fabrication of plastic products; storage maintained except for area required warehouse, excluding inflammable ma- for walkways and driveways for in- terials and truck terminals; editorial gress and egress to the property, Said and designing; signs appurtenant to walkways and driveways shall not use any permitted use located on property more than 40% of this front yard area. of use. C. Building sites fronting on and Section 9103.91 amended by Ord. 901 adopt- street and_jiaving a side property line ed Dec. 28, 1959. adjacent to a side street shall provide ' SECTION 9103.92. Uses permitted, a yard area fifteen (15) feet wide meas- subject to first securing a Use Permit euredxtending from the side property line and in each case from the Planning Com- extending from the front property sine mission. Said uses must comply with y the rear property line. Said side the limitations and restrictions of the yard shall 'be appropriately landscaped M-1-A District: and maintained except for areas for Furniture upholstering, furniture ingress for walkways and driveways for mgress and egress to the property. manufacturing, finished paper products, Said walkways and driveways shall not assembling and construction of paper use more than 40% of this side yard products with finished paper stock, area. garment manufacturing, boat building D. In cases where a street or alley within a building, laundry and dry does not exist to separate this zone ' cleaning plants, gasoline service sta- tions, manufacture of novelties, toys and small appliances, medical and dental offices and clinics, other uses ' which in the opinion of the Planning Commission are comparable and simi- lar in character with the uses per. mitted in the District and which com- ply with the limitations and restric- tions specified in the M 1-A District. ' Section 9103.92 amended by Ord. 845, adopt- ed April 14, 1958; and amended by Ord. No. 1016, adopted Nov. 13, 1962. SECTION 9103.93. Building Height Limit: (a) The total floor area contained in all buildings on a building site in an M-1-A District shall not exceed four (4) times the buildable area of said ' site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed, Section 9103.93 amended by Ord. No. 845`, adopted April 14, 1958 and by Ord. No, 974, adopted October 30, 1961. ' SECTION 9103.94. Building Site Area Required: (a) Minimum ten thousand (10,000) square feet. Section 9103.94 amended by Ord. No. 974, adopted October 30, 1961. SECTION 9103.95. Yards Required. ' A. A minimum set-back of fifteen (15) feet from any street or highway property line shall be required. B. A front yard area adjacent to the CITY OF NEWPORT BEACH MUNICIPAL CODE 111 from any other more restrictive zone, SECTION 9104.11. Building site area, a zone separation area ten (10) feet lot sizes, setbacks and coverage re- wide and extending the entire distance quired in "B" Districts. said zones adjoin each other shall be Combining Designation, B; Min. Bldg. provided. Said zone separation area Site Area, 6,000 sq. ft.; Min. Lot Width, shall be appropriately landscaped and 60 ft.; Min. Lot Length, 80 ft.; Min. ' maintained. Front Yard, 20 it.; Min. Rear Yard, 6 SECTION 9103.96. Off-Street Parking ft.; Min. Side Yard, 6 ft.; Max. Cover- for Automobiles Required.. age, 60%, Off-street parking and loading on Combining Designation, B-1; ,Min.` ' Bldg. Site Area, 7,500 sq. ft.; Min. Lot the building site shall be required in yiridth, 75 ft.; Min. Lot Length, 90 ft.; M-1-A Districts according to the fol- Front Yard, 15 ft.; Min. Rear' lowing formula: Yard, 7 ft.; Min. Side Yard, 7 ft.; Max. I 1. A minimum of one (1) parking Coverage, 60%. space shall be provided for each 350 square feet of gross floor area in any Combining Designation, B-2; Min. building. Bldg. Site Area, 10,000 sq. ft.; Min. Lot 2. Location and layout of off-street Width, 90 ft.; Min. Lot Length, 100 ft.; parking shall be approved by the Min. Front Yard, 15 ft.; Min. Rear Architectural Control Committee. Yard, 10 ft.; Min. Side Yard, 10 ft.; 3. All loading and unloading opera- Max. Coverage, 60%. ' tions and parking of trucks shall be Combining Designation, B-3; Min. provided for and performed on the Bldg. Site Area, 20,000 sq. ft.; Min. Lot premises. Width, 100 ft.; Min. Lot Length, 150 ft.; Section 9103.96 amended by Ord. 845, adopt. Min. Front Yard, 15 ft.; Min. Rear Yard, 10 ft.; Min. Side Yard, 10 ft.: 10 April 1958, and amended by Ord. No. Max. Coverage, 60%. 025, adopted Jan. 28, 1963. Combining Designation, B-4; as des- SECTION 9103.97. Manufacturing and ignated on zoning provided that no re- Storage Areas. quirements be less than B-3 regulations. All manufacturing and fabrication All setbacks on .the street side of a operations shall be conducted within corner lot shall not be less than that buildings. All equipment and material required on existing or adjacent re- storage areas shall be screened by solid versed frontage when such exists. walls, fences, or by adequate plantings of not less than six (6) feet in height. SECTION 9104.11-1. There shall be a SECTION 9103.98. Streets, minimum of seven hundred and fifty (750) square feet of rear yard land All dedicated streets within or bor- area adjoining the main dwelling main- dering this M-1-A Zone shall have a tained uncovered. minimum right of way sixty (60) feet ' wide. SECTION 9104.12. Any banks graded Sections 9103.9, 9103.91, 9103.92, 9103.93, or benched for building sites in "-B" 9103.94, 9,103.95, 9103.96, 9103.97 and 9103.98 Districts wherein cuts are required, added by Ord. 804, adopted Noy. 13, 1956, and leaving banks or slopes of a greater ' certain said Sections subsequently amended by grade than a ratio of 3 to 1, shall be Ord. 845 as indicated, approved by the Planning Commission prior to obtaining a building permit. CHAPTER IV. COMBINING SECTION 9104.13. Maximum density DISTRICT REGULATIONS permitted in "R" Districts where com- Section 9104,0 repealed by Ord. No. 984, bind with "-B" District. adopted December 11, 1961. The following minimum building site ' SECTION 9104.1. Combining or "B" area shall be required for 'each family District. unit: The following regulations shall apply R-2 R-3 R-4 in lieu of building site area, yard and "B" 3000sq.ft. 1500sq.ft. 1250sq.ft. lot width requirements in the respec- "B-l" 3000sq.ft. 1500sq.ft. 1250 sq.ft, tive districts where such districts are „B_2" 3000sq.ft. 2000sq.ft. 1500sq.ft, combined with the "-B" District and ' shall be subject to the provisions of "B-3" 3000sq.ft. 2000sq.ft. 1500sq.ft. Chapter 5. All other provisions of the respective districts shall apply. Section 9104.1 amended by Ord. 845, adopt. ed'April 14, 1958. CITY OF NEWPORT BEACH MUNICIPAL CODE 112 SECTION 9104.14. Change in set- each bed, and in addition 1 parking backs. The Planning Commission may space for each resident doctor and 1 for approve a change in the setbacks set each employee. ' forth in Section 9104.11 where it is (9) Clinics — 1 parking space for found by the Planning Commission each 250 sq. ft, of floor area, plus 1 that such change will make for a better additional space for each doctor and 1 planned development, and where such for each employee. t change is in harmony with the.Master (10) Motels — 1 parking space for Plan of the City. each guest unit. Previous Sections 9104.11, 9104.12, 9104.13 (b) The Planning Commission shall and 9104.14 repealed and new Sections 9104.11, not recommend and the City Council 9104.11-1, 9104.12, 9104.13, 9104.14, added by shall not approve off-street parking on Ord, 845, adopted April 14, 1958. a separate lot from, the building site SECTION 9104.2. Combining or "-H" or sites unless: District. (1) Such lot is so located as to be The following regulations shall apply useful in connection with the proposed in all "C"'and "M" Districts with which use or uses on the building site or sites; are combined "-H" Districts, in addition (2) Parking on such lot will not to the regulation hereinbefore specified create undue traffic hazards in the ' therefor, and shall be subject to the surrounding area; provisions of Chapter 5 of this Article; (3) Such lot and the building site provided, however, that if any of the are in the same ownership, or, the regulations specified in Sections 9104.21 owners of the building sites have a ' and 9104.22 differ from any of the common ownership in such lot, and corresponding regulations specified in the owner or owners are entitled to this Article for any district with which the immediate possession and use there- is combined an "-H" District then in of (ownership of the off-site lot must such case the provisions of Section be ownership in fee or a leasehold ' 9104.21 and 9104.22 shall govern. interest of a duration adequate to Section 9104.2 amended by Ord. 845, adopt- serve all proposed uses on the building ed April 14, 1958. site or sites); and SECTION 9104.21. Uses Permitted: (4) The owner or owners and the ' City upon the approval of the City All uses permitted in the respective Council execute a• written instrument districts with which the "-H" District is or instruments, approved as to form combined, subject to approval as to de- and content by the City Attorney, pro- sign of buildings and design and loca- viding for the maintenance of the re- tion of parking lot, provided however quired off-street parking on such lot as follows: for the duration of the proposed use (a) Off-street parking, on the build- or uses on the building site or sites. ' ing site, or, with City Council approval Should a change in use or additional upon recommendation of the Plan- use be proposed, the off-street parking rang Commission, on a separate lot regulations applicable at the time shall from the building site or sites, shall be apply. Such instruments shall be re- required in all districts with which the corded in the office of the County Re- "-H" District is combined, according to corder and copies thereof filed with the the following formula: Building Department and Planning De- (1) Retail Stores — 1 parking space partment. for each 250 sq. ft. and 1 loading space Section 9104.21 amended by Ord. 845, adopt- ' for each 10,000 sq. ft. of store floor ed April 14, 1958 and amended by Ord. 901, area. adopted Dec. 28, 1959. (2) Office Buildings — 1 parking space for each 250 sq. ft. of floor area. SECTION 9104.22. Building Location: ' (3) Wholesale and Industry — 1 In case no building line is established parking space for each 2000 sq. ft. by the Street & Highway Plan of the of gross floor area and 1 loading space Master Plan of the City or by the pro- for each 10,000 sq. ft, of gross floor visions of this Ordinance for the street ' area, but in no event shall there be less on which any building will front, in than 10 parking spaces for each such any district with which an "-H" District establishment. is combined, no such building shall be (4) Restaurants — 1 parking space erected, constructed, moved or strue- ' for each 3 seats. -- turally altered, so that the same shall (5) Public Assembly — 1 parking be closer to the line of such street than space for each 5 seats. a distance to provide adequate space (6) Theatres — 1 parking space for for the traffic movements and the ' each 5 seats. standing of vehicles which will be inci- (7) Hotels — 1 parking space for dental to the use of such building. Such each 2 guest rooms. 6istance to be designated by the Plan- (8) Hospitals — 1 parking space for ning Commission as a part of the action ' CITY OF NEWPORT BEACH MUNICIPAL CODE 113 ' on plans submitted with the application shall not approve. off-street parking on for a permit for such building, as pro- a separate lot from the building site vided in Section 9105.6 of this Article, or sites unless: ' SECTION 9104.3. Combining or "-Z" (1) Such l use- ful ot Is so in connection located h the proposed District. use or uses on the building site or The following regulations shall ap- sites; ' ply in all "C" Districts with which are (2) Parking on such lot will not create combined "-Z" Districts, in addition undue traffic hazards in the sur- to the regulations hereinbefore speci- rounding area; fied therefor, and shall be subject to the provisions of Chapter 5 of this Art- (3) Such lot and the building site are icle; provided, however, that if any in the same ownership, or the own- of -the regulations specified in the "-Z" ers of the building sites have a District differ from any of the corres- common ownership in such lot,,,-an& ' ponding regulations specified in this the owner or owners are entitled Article for any district with which is to the immediate possession and combined the "-Z" District, then and use thereof (ownership of the off- in such case the provisions of the "-Z" site lot must be ownership in fee District shall govern. or a leasehold interest of a dura- tion adequate to serve all proposed SECTION 9104.31. Uses Permitted: uses on the building site or sites); All uses permitted, in the respective and districts with which the "-Z" District is (4) The owner or owners and the City ' combined, subject to approval as to u on the approval of the City design of building and design and lo- Council execute a written instru- cation of parking lot, provided how-. ment or instruments, approved as ' ever as follows: to form and content by the City (a) Off-street parking, on the build- Attorney, providing for the main- ing site, or on a separate lot from the tenance of the required off-street building site or sites with City Coun- parking on such lot for the duration ' cil approval on recommendation of the of the proposed use or uses on the Planning Commission, shall be required building site or sites. Should a in all districts with which the "-Z" Dis- change in use or additional use be trict is combined, according to the fol- proposed, the off-street parking lowing formula: regulations applicable at the time t (1) Retail and Wholesale Stores 1 shall apply. Such instruments shall parking space for each 350 sq. ft. be recorded in the office 'of the and 1 loading space for each 10,000 County Recorder and copies thereof sq. ft. of store floor area. filed with the Building Depart- (2) Office Buildings, 1 parking space ment and Planning Department. for each 350 sq. ft. of floor area. (c) The Planning Commission may (3) Restaurants, 1 parking' space for recommend and the City Council may ' each 3 seats. approve, on petition of the property (4) Public Assembly, 1 parking space owner, a waiver of or reduction in off- for. each 5 seats. street parking required by the terms of this section under the following con- (5) Theatres, 1 parking space for each ditions: ' 5 seats. (1) When a municipal parking lot is (6) Hotels, 1 parking space for each so located as to be useful in con- ( guest rooms. nection with the proposed use or ' (7) Hospitals, 1 parking space for each uses on the building site or sites; bed, and in addition 1 parking or space for each resident doctor and (2) When the building site is subject 1 for each employee. to two or more uses and the max- (8) Clinics, 1 parking space for each imum parking requirements for 250 sq. ft. of floor area, plus 1 such uses do not occur simultan- additional space for each doctor eously. and 1 for each employee. Sections 9104.3, and 9104.31 added by Ord. ' (9) Motels, 1 parking space for each 913, adopted Feb. 23, 1960. guest unit. (10) Apartments, 1 parking space for SECTION 9104.4. Combining or "-UL" each unit having not more than 1 District. ' bedroom; otherwise 2 parking The maximum height limit in feet spaces per unit. established for the R-4 and C-O Dis- (b) The Planning Commission shall tricts, respectively, shall not apply in not recommend and the City Council such districts with which are combined ' CITY OF NEWPORT BEACH MUNICIPAL CODE 113.1 ' the "-UL" District. The height limit in such combined districts shall be limited only by the formula based upon the ' ratio of floor space to buildable area established for each such district. All other provisions of this Article for each such district shall apply. ' Section 9104.4 added by Ord. No. 984, adopt. ed December 11, 1961. CHAPTER 5. GENERAL ' PROVISIONS AND EXCEPTIONS SECTION 9105. All sections of this Article shall be subject to the following general provisions and exceptions: ' SECTION 9105.1. Uses: (a) No circus, carnival, amusement park, fun zone, open air theatre, race ' track, private recreation center, or oth- er similar establishment, shall be estab- lished in any district unless and until a 1 1 • , I CITY OF NEWPORT BEACH MUNICIPAL CODE 113-A Use Permit is first secured for the es- The Planning Director may approve tablishment, maintenance and opera- temporary structures for the housing ' tion of such use. of tools and equipment or supervisory (b) No dance hall, road house, night offices for a period not to exceed one club, commercial club, or any estab- (1) year in connection with major con- lishment where liquor is served, or struction during the progress of such ' commercial place of amusement or construction. recreation or any such place or any The Planning Director may approve other place where entertainers are pro- an extension of periods of time speci- vided, whether as social companions or fied in this subsection. ' otherwise, shall be established in any Section 9105.1 amended by Ord. 901, adopt- district closer than two hundred (200) ed Dec. 28, 1959. feet to the boundary of any dwelling district, unless a Use Permit shall first SECTION 9105.2. Height Limits: ' have been secured for the establish- (a) Chimneys, cupolas, flag poles, ment, maintenance and operation of monuments, radio and other towers, such use. water tanks, and similar structures and (c) Accessory uses and buildings in mechanical appurtenances may be per- any "C" or "M" District are permitted mitted in excess of height limits, sub-- where such uses or buildings are inci- ject to first securing a Use Permit in dental to and do not alter the charac- each case. ter of the premises in respect to their (b) No fence, wall, hedge or Screen use for purposes permitted in the dis- planting of any kind shall hereafter trict. Such accessory buildings shall be be constructed or grown to exceed six allowed only when constructed con- (6) feet in height within any required current with or subsequent to the main side yard to the rear of the front line building, of any main building or in any required (d.) Accessory uses normally a part rear yard nor to exceed three (3) feet of any use permitted in any "R" Dis- in height in any required side yard trict may be permitted. This shall not between the front property line and be construed as permitting any com- the required front setback line or in ' mercial use in any "R" District unless any required front yard or within such is specified in the regulations fifteen (15) feet of the corner of any for the district, nor shall this be deem- intersecting street rights of way; pro- ed to allow the manufacturing or pro- vided, however, that in cases where ' cessing of any substance or commodity there is a difference of six (6) feet for profit or the storage of vehicles, or more in elevation between the equipment or materials used in the building sites ' of abutting lots, no conduct of any retail or wholesale fence, wall, hedge or screen planting business. shall hereafter be constructed or grown (e) Public or no fee private parking 'n any yard area of the lower lot ad- lots for automobiles may be permitted jacent to the lot line of the higher in any "R" District adjacent to any "C" lot to a height in excess of three (3) or "M" District, subject to first secur- feet above the elevation of the build- ing a Use Permit in each case. ing site of the higher lot. (f) Churches, schools, hospitals, parks Section 9105.2 amended by Ord. 845, adopted and playgrounds, yacht clubs, ceme- April 14, 1958. I teries (minimum area twenty (20) Section 9105.2 amended by Ord. No. 1043, acres), mausoleums, crematories, pub- adopted September 10, 1963. lic utility, public and quasi-public SECTION 9105.3. Building Site Area: buildings, and municipally operated (a) Any lot or parcel of land-under parking lots may be permitted in any one ownership and of record on Au- 6strict, subject to first securing a Use gust 2, 1943-may, be used as a building Permit in each case. site even when of less area or width (g) The removal of earthen materials than that required by the regulations may be permitted in any district, sub- for the District in which it is located. j ject to first securing a Use Permit in each case. (No permit required for SECTION 9105.4. Yards: normal grading or landscaping on lots (a) Architectural features such as of record.) cornices or eaves may extend not ex- (h) The Planning Director may ap- ceeding two and one-half (21/2) feet prove temporary signs to advertise a into any required front or rear yard subdivision and temporary tract or setback; provided, however, that such real estate offices for sales in new sub- architectural features shall not project I divisions for a period not to exceed any closer than two (2) feet from side one (1) year following the date of property line. approval of the final map. (b) Fireplaces and chimneys not to 1 f CITY OF NEWPORT BEACH MUNICIPAL CODE 113-B 1 exceed, eight (8) feet in width, con- structed of incombustible- material, 1 may encroach to a distance of two (2) feet into any required front yard set- back of ten (10) feet or more in any "R" District, provided that the fire- place and chimney must be located not less than five (5) feet from any side yard setback line. (c) Fireplaces and chimneys not to 1 exceed nine (9) 'feet in width, con- structed of incombustible material, mq encroach to a maximum distance o� two and one-half (2%) feet from any 1 side yard setback line provided that such encroachment must be at least two (2) feet from any side property 1 1 i 1 i 1 1 1 1 1 1 CITY OF NEWPORT BEACH MUNICIPAL CODE 114 ' line. accessory building, (d) Open uncovered porches or Said detached accessory building landings may project a distance not may be built to within one (1) foot exceeding six (6) feet into any re- of one of the side lot lines. Such ac- quired front yard setback. cessory building shall not be located (e) Marquees, awnings or shades within five (5) feet of any alley or may project from the building into the within 'five (5) feet of the side line front yard setback in any "R" District of any alley or within five (5) feet of not to exceed five (5) feet from the the sidle line of the front one-half (1/z) building nor more than one-half the of any adjacent lot, or, in the case of depth of the required front yard, and a corner lot, to project beyond the must be within the required side yard front 'yard required or existing on the lines and have a clearance above grade adjacent lot. In the case a lot abut! vertically of not less than six and ting on two or more streets, no build- one-half (61/2) feet. ing shall be erected closer to the prop- Any such projection from the build- erty line than the front yard setback, ing shall be self-supporting and shall established on either street. In any be of incombustible material or of not case where the rears of lots normally ' less than one-hour fire resistive con- border streets and the fronts of the struction. lots face a common walkway, the main Marquees, awnings or shades may structure and/or accessory buildings may be constructed within five (5) project from the building into the rear yard setback in any "R" District not feet of the rear property line. In the case of subdivisions where lots or to exceed two and one-half (2%) feet. (f) Whenever an Official Plan Line building sites are laid out or planned has been established for an street, • to border a street and overlook a ion of ' Y way, beach or bluff, the portion of required yards shall be measured from such lots bordering the street may be such line and in no case shall the considered the rear yard for purposes provisions of this Article be construed of location, construction or mainte- as permitting any encroachment upon nance of main or accessory buildings, any Official Plan Line, provided that all of the lots in a black (g) In residential districts having conform to this pattern. In all such alleys to the rear of lots or 'building cases the required setback from the sites, attached or detached garages, street shall be a minimum of five (5) fences, hedges, screen plantings or feet and the normal front yard require- other obstructions must set back from ments shall apply to the portion of rear property lines the distances shown such lots adjacent to any waterway, in the following table: beach or bluff, except that such front Alley Width Setback yards may exceed the- maximum of 15' or less 5' thirty-five (35) 'feet peripitted in resi- 15' 1" to 19, ill, 3' 9" dential districts. ' 20' or more 2' 6" (i) Every building or portion thereof (h) In case an accessory building is which is designed or used for any attached to the main building, it shall dwelling purpose in any C or M be made structurally a part of and District shall comply with the require- have a common wall with the main ments of such appropriate residential building and shall comply in all re- district as is determined by the use to spects with the requirements of this which such "C" or "M" District prop- Article applicable to the main building. erty is being put; provided, however, Unless so attached an accessory build- that when the entire ground floor of ing in an "R" District shall be located any such building is used for any com- ( the lot mercial or manufacturing purpose, the on the rear one-half (1/z) of l yard provisions specified for such "C" and at least six (6) feet from any 1 dwelling building existing or under or M District may be applied to the construction on the same lot or any ground floor only. adjacent lot, provided that in any "R" Section 9105.4 amended by Ord. No. 970, District combined with any "B" Dis- adopted August 28, 1961 and amended by Ord. ' trict the Planning Commission may No. 1034, adopted April 8, 1963. approve the location of the accessory building on the front half of the lot and detached from the main building without a variance, provided the lo- cation will not be detrimental to ad- joining property and further provided that the Planning Commission approves I I of.the elevation and location of-said �� `� ` / y ., �' � Z - z " i �f , , _ � � � , 1 � . ' CITY OF NEWPORT BEACH MUNICIPAL CODE 115 tSECTION 9105.41. Yards — Swims Section 9105.5 amended by Ord. 845, adopted Ming Pools. (a) Any swimming pool, April 14, 1958, and by Ord. 909 adopted Feb. ' fish pond, or other body of water which 8, 1960. contains water eighteen (18) inches or more in depth for use in connection SECTION 9105.51. Requirements for with any single family, duplex., multi- Off-Street Parking. ple or apartment dwelling, shall be at (a) The requirements of this section ' least five (5) feet from any side or rear and any off-street parking standards yard property line and ten (10) feet adopted by the City Council shall apply from any front yard property line. No to the following: such body of water shall be pern-Atted (1) All off-street parking lots and in. any required yard space unless the areas hereafter developed which are enclosing fence required in Section 8150 required by this Article. of this Code is permitted under the pro- (2) All parking lots which are visions of Section 9105.2(b). hereafter permitted subject to first (b) Any pump, filter or heater in- securing a use permit. stalled to serve such body of water shall be located not less than five (5) (3) All parking lots and parking feet from any side or rear yard proper- areas which are hereafter required ty line and in no event nearer than ten by the Planning Commission as a (10) feet to any dwelling on adjoining condition of granting a use permit. properties. Any such pump, filter, or Such off-street parking standards heater shall not be considered an acces- shall be adopted by resolution and sory building so long as any required shall show minimum dimensions of housing therefor does not exceed six parking spaces and aisles, requirements (6) feet in height. Pump may be oper- for entrances and exits, and require- ated only between the hours of 8 A.M.' ments for markings and other devices ' and 8 P.M. deemed necessary to protect patrons, Section 9105.4(h) added by Ord. 830 adopted the traffic on adjoining streets and Oct. 28, 1957. Section 9105.4(h) repealed and alleys, and property owners in the Section 9105.41 added by Ord. 924 adopted vicinity. July 11, 1960. (b) Where the boundaries of park- ing lots or parking areas adjoin prop- SECTION 9105.5. Automobile Stor- erty in an R-1 or R-2 district, a wall age or Parking Space: shall be constructed along such boun- Accessible storage or parking space diaries in such a manner as will pro- for the parking of automobiles off the vide protection to the public and own- street shall be provided in all districts, ers and occupants of adjoining prop- as follows: erty from noise, exhaust fumes, auto- (a) Not less than one (1) garage mobile lights, and other similar sources space for each single family dwelling. of disturbance. Said wall shall be con- (b) Not less than one (1) garage structed of solid masonry to a height space for each family unit in any of three (3) feet from the front of the ' duplex, triplex for dwelling group of property to a depth equal to the re- four (4) or ,less family units. quired front yard setback established (c) Noi�ess than one (1) garage for adjoining property in a residential space-for each two (2) guest rooms in district. The remaining portion of the ' any rooming house, wall shall be six (6) feet in height, the (d) Not—Tess than one (1) parking lower four (4) feet of which must be space for each two (2) guest rooms in of solid masonry construction. any hotel. (c) A plot plan of any proposed park- (e) Not less than one (1) garage ing lot or parking area shall be sub- space for each of the first four (4) mitted to the Builddng and Safety Di- family units, and two (2) off-street rector for approval. The plot plan shall parking spaces, one (1) of which must show the layout of parking spaces, be a garage space, for each additional aisles, walls, and other requirements family unit, in any dwelling group of set forth in this section and in the off- more than four (4) family units. street parking standards. If the pro- posed parking lot or parking area as (f) Not less than two (2) garage shown on the plot plan meet said re- Spaces per family unit in any residen- quirements, the Director shall endorse tial "B" District; his written approval on the plan and Parking space required for other uses retain a copy thereof. If the proposed allowed in any "R" District and not set plot plan does not meet the require- forth above shall be determined by the ments of this section, the Director shall Planning Commission and set forth return the plan to the applicant, to- as a condition to the granting of the gether with a written statement set- Use Permit for such use. ting forth the deficiencies in the plan, CITY OF NEWPORT BEACH MUNICIPAL CODE 115A ' within ten (10) calendar days after show desirable architectural standards, the submission of the plan to the Di- but are not designs which must be rector. The parking lot or parking area copied in order to secure approval of ' shall be developed and maintained in plans. accordance with the plot plan as ap- (d) In case the applicant is not sat- provech isfied with the decision of the Archi- (d) Where the size, shape, location, tectural Committee, he may within ' or topography of the proposed park- thirty (30) days after such action ap- ing lot or parking area make compli- peal in writing to the Planning Com- ance with the requirements of this mission. The Architectural Committee section impractical and will result in may, if it deems advisable, refer �xty ' hardship, the Planning Commission, application for architectural approval upon application, may waive such re- to the Planning Commission for its de- quirements of this section and the off- cision. street parking standards' as are nec- (e) In• case the applicant is not sat- , essary to permit development of the isfied with the action of the planning parking lot or parking area so long as Commission, he may within thirty (30) the waiver does not create an unsafe condition or a condition which is detri- mental to surrounding property. Section 9105.51 added by Ord. No, 1031 adopted March 25, 196:X SECTION 9105.6. Architectural Con- trol: (a) In case an application is made for a permit for any buildingg or struc- ture in any "C-N", "C" or "M" District 1 said application shall be accompanied by architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure and proposed landscape or other treatment of the grounds around such building or struc- ture and other physical features, such as trees, hydrants, poles, etc. Such drawing or sketches shall be consider- ed by the Planning Commission in an endeavor to provide that such buildings or structures and grounds be in keep- ing with the character of the neighbor- hood and such as not to be detrimental to the orderly and harmonious develop- ment of the City, or to impair the de- sirability of investment or occupation in the neighborhood. (b) The Planning Commission may appoint an Architectural Committee of three (3) members, who may be em- ployees in the following departments of the City of Newport Beach: Build- ing Inspection and City Engineer. (c) The Architectural Committee shall have authority to approve archi- tectural sketches within the meaning of Section 9105.6 of this Article, but all approvals shall be based on stand- ards of good architectural design; such standards, which shall be entitled ' "Drawings and Illustrated Architectur- al Standards for Certain Areas Desig- nated in Article IX of the Municipal Code of the City of Newport Beach", shall be approved by the Planning ' Commission and the City Council, and shall be on file in the City Building In- spector's Office. Said drawings shall CITY OF NEWPORT BEACH MUNICIPAL CODE 116 ' days appeal in writing to the City the fiscal year during which such de- Council and said Council shall render struction occurs, may be restored only its decision within thirty (30) days if a Use Permit is first obtained in each ' after the filing of such appeal. case. (f) No permit shall be issued in any (g) Ordinary maintenance and re- case hereinabove mentioned until such pairs may be made to any non-con- drawings and sketches have been ap- forming building providing no struc- ' proved by the Planning Commission or tural alterations are made and provid- by the City Council in the event of ap- in that such work does not exceed peal from the Planning Commission, fifteen (15) percent of the appraised and all buildings, structures and value in any one (1) year period. Other 1 grounds shall be in accordance with repairs or alterations may be permitted the drawings and sketches.' provided that a Use Permit shall firsts Section 9105.6 amended by Ord. 845, adopt- be secured in each case. ed April 14, 1958. (h) Nothing contained in this Article SECTION 9105.7. Non-Conforming shall deemed to require any change g p in the plans, construction or designated Uses: use of any building for which a build- (a) The lawful use of land existing ing permit has properly been issued, at the time of the adoption of this Ar- in accordance with the provisions of ' ticle, although such use does not con- ordinances then effective, and upon Form to the regulations herein specified which actual construction has been for the district in which such land is started prior to the effective date of located, may be continued, provided this Article, provided that in all such ' that no such use shall be enlarged or cases actual construction shall be dili- increased, nor be extended to occupy a gently carried on until completion of greater area than that occupied by. the building. such use at the time of the adoption of ' this Article, and that if any such use SECTION 9105.8. Exempt Non-Con- ceases, the subsequent use of such land forming Buildings. shall be in conformity to the regulations The following types of non-conform- specified by this Article, for the district ing buildings are exempt from the re- in which such land is located. quirement of a Use Permit for certain (b) The lawful use of buildings ex- repairs, alterations or additions as isting at the time of the adoption of provided in Section 9105.7(g): this Article may be continued, although (1) Buildings located in R-1-13, such use does not conform to the regu- R-2-13, R-3-B, and R-4-B Districts lations specified for the district in which are non-conforming only be- which such buildings are located. cause amendments of this Article (c) The non-conforming use of a por- have changed side yard requirements tion of a building may be extended subsequently to the original con- throughout the building provided that struction of such buildings. Such in each case a Use Permit shall first non-conforming side yards may be be obtained. J( continued in the construction of (d) The non-conforming use of a additions. building may be changed to a use of (2) Buildings which are n the same or more restricted nature forming only because amendments f o of this Article have changed the a provided that in each case a Use Per- garage ' mit shall first be obtained. sions of required parking or garage spaces from eight (8) feet by twenty (e) If the non-conforming use of a (20) feet to nine (9) feet by twenty building ceases for a continuous period (20) feet subsequently to the original of six (6) months, it shall be considered construction of the building; provid- ' abandoned and shall thereafter be used ed that the building together with only, in accordance with the regula- any proposed addition will conform tions' for the District in which it is to existing provisions of this Article located. with regard to the number of re- (f) A non-conforming building dam- quired parking or garage spaces. aged or destroyed by fire, explosion, Such repairs, alterations or additions earthquake, or other act to an extent must comply with all requirements of of more than ninety (90) percent of its this Article in effect on the date the ' appraised value at the time of the application for a building permit is damage, as fixed by the General Ap- filed except as otherwise provided in praisal Company of Los Angeles, Cali- this section. fornia, or other equally responsible Section 9105.8 added by Ord. No. 909, adopt- firm, or to an extent of 100 percent of ed Febrvory 8, 1960. the appraised value thereof according Section 9105.8 amended by Ord. No. 1076, to the assessment by the Assessor for adopted January 13, 1964. ' Sys$• ,'!J/���'p„�t'. CITY OF NEWPORT BEACH MUNICIPAL CODE 116-A ' SECTION 9105.9. Official Plan Line provided, however, that in the event Master Street and Highway Plan. an official plan line is shown as such (a) For the purposes of this Article, on a map entitled "Precise Plan of ' "mapped highway" shall be any second- Highway Alignment" for any portion ary, primary, or major highway,, described above, then such provisions whether existing or proposed, shown of said section shall apply to such por- on map entitled "Master Plan, City of tion. Newport Beach, California, Street and Sections 9105.9 and 9105.91 added by Ord. Highway", adopted by City Coun- No. 932, adopted Aug. 8, 1960. cil Resolution No. 5224 on April 25, CHAPTER 6. PERMITS, 1960, and all amendments thereafter VARIANCES AND AMENDMENTS ' and hereafter adopted thereto; "center SECTION 9106.1. Zoning Permits. line" shall be either (1) a line midway SECTION 9106.11. Zoning Permits between the properties abutting the shall be required for all buildings and right of way of a mapped highway or structures hereinafter erected, -con- (2) a line, if any, shown as such on a structed, altered, repaired, or moved map entitled "Precise Plan of Highway within or into any district established Alignment" and any amendments there- by this Article, and for the use of va- to (in the event of conflict between (1) cant land or for a change in the char- and (2), the line described in (2) shall acter of the use of land, within any govern); "official plan line" shall be district established by this Article. Such either (1) a.line at the herein required permit may be a part of the building distance from the center line of any permit and shall be issued by the mapped highway, on each side thereof, Building Inspector prior to any con- or (2) a line, if any, shown as such on struction. a map entitled "Precise Plan of High- way Alignment" and any amendments Use permits, revocable, conditional ' thereton (1)) and the line described the event of conflict be-' or valid for a term period may be is- in shall govern). sued for any of the uses or purposes (bn ) for which such permits are required or Official plan line for real prop-erty abutting a mapped highway inpermitted by the terms of this Article. the City of Newport Beach, measured SECTION 9106.21. Application. from the center line of said highway, (a) Applications for Use Permits shall be as follows: shall be filed in the office of the Plan- (1) Forty-two (42) feet for a sec- ning Department in writing on forms ' sec- ondary street highway, prescribed by the Commission and shall (2) Fifty (50) feett for a primary be accompanied by a fee of Thirty street or highway. Dollars ($30.00) and by plans and ele- (3) Sixty (r hi feet for a major vations necessary to show the detail street di highway. of the proposed building or use. (c) No building shall be erected, p g constructed, moved, or structurally al- (b) Application for a Use Permit tered so as to be closer to the center may be made by the owner, lessee, or line of a mapped highway than the agent of the owner of the property official plan line applicable thereto. affected. Said application shall be Yards where required by this Article signed by the record owner or the shall be determined in accordance with lessee, or may be signed by an agent ' Section 9105.4(d). of the owner if written authorization SECTION 9105.91. Official Plan Line from the record owner is filed with —Master Street and Highway Plan— the application. Exclusions. The hereinafter described Section 9106.21 amended by Ord. No. 737, portions of mapped highways shall be adopted January 17, 1955, Ord. No. $45, adopt- excluded from the provisions of Sec- ed April 14, 1958; Ord. No. 901, adopted De. tion 9105.9: cember 28, 1959, Ord. No. 1011, adopted (1) Balboa Boulevard between 45th September 11, 1962; Ord. No. 1059, adopted and 32nd Streets. September 23, 1963. (2) Balboa Boulevard between Al- varado Street and 6th Street. SECTION 9106.22. Delegation of Au- (3) Newport Boulevard between thority to Planning Director. 30th Street and McFadden (a) The Planning Commission may ' Place. delegate to the Planning Director au- (4) Irvine Avenue between West- thority to act on any specific :class of cliff Drive and Cliff Drive. Use Permit. Such delegation of author- (5) Dover Drive between Westcli'ff ity shall be made by formal resolu- il ' Drive and Coast Highway. tion of the Planning Commission and (6) Marguerite Avenue between shall be subject to confirmation by 5th of var Avenue and Ocean Boule- the auhe thority soldelegated ito the withdrawal ' CITY OF NEWPORT BEACH MUNICIPAL CODE 117 ning Director may be accomplished in be detrimental or injurious to property the same manner as the authority was and improvements in the neighborhood originally delegated or by formal reso- or the general welfare of the City_ lution of the City Council alone, (b) The Planning Commission, Plan- (b) The Planning Director may in ning Director or the City Council in his discretion-decline to act on any ap- acting on appeals, may impose such gglication for a Use Permit over which conditions in connection with the grant- he has been granted jurisdiction and ing of a Use Permit as they deem may refer the application to the Plan- necessary to secure the purposes of ning Commission for its decision. this Article and may require guaran- Tha above Seerion 9106.22 added by Ord. tees and evidence that such conditions No. 1059, adopted September 23, 1963. are being or will be complied wit)ii. Such conditions may include require- SECTION 9106.23. Public Hearings. ments for off-street parking facilities (a) No public hearings need be held as determined in each case. In the ' in connection with the grant or denial event of an appeal to the City Council of an application for a Use Permit; provided that the Planning Commission may in their discretion hold such pub- lic hearings as they deem advisable. (b) When a public hearing is deemed advisable, notice of such hearing shall be given by publication in the official newspaper of the City and by posting said notice in not less than two (2) conspicuous places on or close to the property at least ten (1Q) days prior- to the hearing or by mailing said notices, postage prepaid, at least five (5) days prior to the hearing to all property owners whose names and ' addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior boundaries of appli- cant's property. (c) Upon the date set for a public hearing before the Planning Commis- sion or an appeal before the City Council, the Planning Commission or ' the City Council may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. The above Section 9106.23, formerly num. bered 9106.22, was renumbered and amended by Ord. No. 1059, adopted September 23, 1963. Said section (previously known as Section 9106.22) was amended by Ord. No. 845, adopt- ed April 14, 1958, and amended by Ord. No. 901, adopted December 28, 1959. ' SECTION 9106.24. Action by Plan- ning Commission, Planning Director, or City Council. I a (a) In order to grant any Use Per- mit, the Planning Commission, the Planning Director, or the City Council in acting on appeals, shall find that the establishment, maintenance or op- eration of the use or- building ap- plied for will not; under the circum- stances of the particular case, be detrimental to the health,-safety, peace, ' morals, comfort and general- welfare of persons residing or zor_ nt he— opsed use or neighborhood - t— CITY OF NEWPORT BEACH MUNICIPAL CODE 117-A ' from a decision of the Planning Com- sion or the Planning Director in reach- mission or the Planning Director grant- ing a decision. ing or denying a Use Permit, the Plan- (c) The City Council shall render ' ning Commission or the Planning Di- its decision within sixty (60) days after rector shall file with the City Council the filing of such appeal. prior to the hearing of the appeal writ- The above Section 9106.25, formerly num. ten 'findings setting forth the reasons bered 9106.24, was renumbered and amended for the decision. by Ord. No. 1059, adopted September 23, 1963. (c) After the conclusion of the hear- Said section (previously known as Section ink on any application for a Use Per- 9106.24) was amended by Ord. No. 901, adopt. mit, the Planning Commission or the ed December 28, 1959. ' Planning Director shall render a de- SECTION 9106.26. Effect. cision within thirty-five (35) days. Use No building or zoning permit or cer- Permits shall not become effective tificate of occupancy shall be issued for fifteen (15) days after being grant- in any case where a Use Permit is re- ed, and in the event an appeal is filed quired by the terms of this Article said permit shall not become effective unless and until such Use Permit has unless and until a decision granting been granted by the Planning Com- said Use Permit is made by the City mission or Planning Director or by Council on such appeal. The granting the affirmative vote of the City Coun- to thof any Use P ons ermit, when this conforChaptming cil on appeal and then only in accord- hereby declared to be an administra- ance with the terms and conditions tive function, the authority and re- of the Use Permit granted. sponsibility for performing which is The above Section renumbered formerly nded imposed upon the Planning Commis- bered . No.21 was renumbered and amended sion and the Planning Director and the' by Ord. No. 1059, adopted September 23, 1963. action thereon by said Planning Com- mission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter pro- vided. ' The above Section 9106.24, formerly num. bered 9106.23, was renumbered .and amended by Ord. No. 1059, adopted September 23', 1963. Said section (previously known as' Section 9106.23) was amended by Ord. No. 940, adopt- ed October 10, 1960. SECTION 9106.25. Appeal - Use Per. mats. (a) In case the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission or the Planning Director, he may appeal in writing to the City Council by filing a notice of appeal with the City Clerk within fif- teen (15) days following said action. (b) The City Clerk shall set a date for public hearing and give notice in the manner prescribed in Section 9106.23 appea The ling Clerk notify he ap ng part of he date for the appeal and shall also notify the Planning Commission if the appeal is from a decision of the Planning Com- mission or the Planning Director if the appeal is from a decision of the Planning Director. Upon receiving notice of an appeal to the City Council, the written findings of the Planning Commission or the Planning Director shall be submitted to the City Council, ' together with all maps, letters, ex- hibits, and other documentary evidence considered by the Planning Commis- , ' CITY OF NEWPORT BEACH MUNICIPAL CODE 118 SECTION 9106.3. Variance and Ap- shall be made by formal resolution of peals. the Planning Commission and shall be Where practical difficulties, unneces- subject to confirmation by the City ' sary hardships and results inconsistent Council. The withdrawal of the author- with the general purpose of this Article ity so delegated to the Planning Direc- may result from the strict application for may be accomplished in the same of certain provisions thereof, variance manner as the authority was originally ' may be granted as provided in Sec- delegated or by formal resolution of tion 9106.31 to 9106.35 both inclusive. the City Council alone. S Application. (b) The Planning Director may in SECTION 9106.31. A PP his discretion decline to act on any ' (a) Applications for variances shall application for a variance over which be made in writing and filed in the he has been granted jurisdiction and., office of the Planning Department on may refer the application to the Plan- forms prescribed by the Commission ning Commission for its decision. ' and shall_ be accompanied by a filing Section 9106.32 added by Ord. No. 1059; fee of Fifty Dollars ($50.00) if a public adopted September 23, 1963. hearing is deemed necessary by the Planning Director or Fifteen Dollars SECTION 9106.33. Public Hearings. ($15.00) if a public hearing is not re- (a) A public hearing shall be held quired. on all variances, except as otherwise (b) Application for a variance may provided in this Chapter, within sixty be made by the owner, lessee, or agent (60) days after 'filing of the applica- of the owner of the property affected. tion, notice of which shall be given Said application shall be signed by the by publication in the official newspaper record owner, lessee, or may be signed of the City and by posting said notice by an agent of the owner if written • in not less than two (2) conspicuous authorization from the record owner places on or close to the property af- ' is filed with the application. fected at least ten (10) days prior to (c) The application shall, in addition, the hearing or by mailing said notice, be accompanied by a statement, plans postage prepaid, at least five (5) days and evidence showing: prior to hearing to all property own- (1) That there are exceptional or ers whose names and addresses appear extraordinary circumstances applying on the latest adopted tax roll as own- to the land, building or use referred ing property within a distance of three to in the application, which circum- hundred (300) feet from the exterior ' stances or conditions do not apply boundaries of applicant's property; generally to land, buildings and/or provided, however, that public hear- uses in the same district. , ings need not be held on applications (2) That the granting of the appli- over which jurisdiction has been dele- ' cation is necessary for the preserva- gated to the Planning Director. tion and enjoyment of substantial (b) Upon the date set for a public property rights of the applicant, hearing or an appeal to the City Coun- (3) That the granting of such ap- cil, the Planning Commission or the ' plication will not, under the cir- City Council may continue the hearing cumstances of the particular case, to another date without giving further materially affect adversely the health notice thereof if the date of the con- or safety of persons residing or work- tinued hearing is announced in open ' ing in the neighborhood of the prop- meeting. erty of the applicant and will not The above Section 9106.33, formerly number- under the circumstances of the par- ed 9106.32, was renumbered and amended by ticular case be materially detrimen- Ord. No. 1059, adopted September 23, 1963. ' tal to the public welfare or injurious Said section (previously known as Section to property or improvements in said 9106.32) was amended by Ord. No. 845, adopt. neighborhood. ed April 14, 1958, and amended by Ord. No. Sub-section (a) of Section 9106.31 amend- 901, adopted December 28, 1959. ed by Ord. No. 737, adopted January 17, SECTION 9106.34. Action by Plan- 1955; Section 9106.31 amended by Ord. No. Wing Commission, Planning Director or 845, adopted April 14, 1958; Ord. No. 901, City COuriCi1 adopted December 28, 1959; Ord. No. 1059, (a) In Ord. - to grant any variance, adopted September 23, 1963. .the findings of the Planning Commis- SECTION 9106.32. Delegation of Au- sion, the Planning Director or the City thority to Planning Director. Council in acting on appeals, shall be (a) The Planning Commission may that the applicant has established the delegate: to the Planning Director au- grounds I'oL' variance set forth in Sec- thority to act on any specific class of tion 9106.31 (c) (1), (2), and (3). variance. Such delegation of authority (b) The Planning Commission, Plan- ' CITY OF NEWPORT BEACH MUNICIPAL CODE 118-A ' ning Director, or City Council in acting Commission or the Planning Director on appeals, may designate such con- shall be submitted to .the City Council, ' ditions in connection with the granting together with all maps, letters, exhibits of a variance as they deem necessary and other documentary evidence con. to secure the purposes of this Article, sidered by the Planning Commission and may require such guarantees and or the Planning Director in reaching evidence that such conditions are being a decision. ' or will be complied with. Such con- (c) The City Council shall render its ditions may include requirements for decision within sixty (60) days after off-street parking facilities as deter- the filing of such appeal. mined in each case. The above Section 9106.35, formerly numbered ' (c) After the conclusion of the hear- 9106.34, was renumbered and amended by ing on any application for a variance, Ord. No. 1059, adopted September 23, 1963. the Planning Commission or the Plan- Said section (previously known as Secti6u ning Director shall render a decision 9106.34) was amended by Ord. No. 805, adopt. ' within thirty-five (35) days following ed December 10, 1956, and amended by Ord. the close of the hearing on the appli- No. 901, adopted December 28, 1959, cation. A variance shall not become effective for fifteen (15) days after ' being granted, and in the event an appeal is filed said variance shall not become effective unless and until a decision granting said variance is made by the City Council on such appeal. The granting of any variance, when conforming to the provisions of this Chapter, is hereby declared to be ari ' administrative function, the authority and responsibility for performing which is imposed upon the Planning Commis- sion and Planning Director and the ' action thereon by said Planning Com- mission or Planning Director shall be final and conclusive except in the event of an appeal as hereinafter provided. The above Section 9106.34, formerly num- bered 9106.33, was renumbered and amended by Ord. No. 1059, adopted September 23, 1963. Said section (previously known as Section ' 9106.33) was amended by Ord. No. 805, adopt- ed December 10, 1956; and amended by Ord. No. 940, adopted October 10, 1960. SECTION 9106.35. Appeal - Var- iances. (a) In case the applicant or any person, firm or corporation is not satisfied with the action of the Plan- ning Commission or the Planning Di- rector, he may appeal to the City Council by filing a written notice of appeal with the City Clerk within fif- teen (15) days after the decision is made. (b) The City Clerk shall set a date for public hearing of the appeal and give notice as required in Section 9106.33. The City Clerk shall notify the appealing party of the date set for the appeal and shall also notify the ' Planning Commission if the appeal is from a decision of the Planning Com- mission or the Planning Director if the appeal is from a decision of the ' Planning Director. Upon receiving no- tice of an appeal to the City Council, the written findings of the Planning ' CITY OF NEWPORT BEACH MUNICIPAL CODE 119 ' SECTION 9106.36. Appeals. the procedure of Sections 9106.51 to (a) The Planning Commission shall 9106.54, inclusive. have the power to hear and decide ap- peals based on the enforcement or in- SECTION 9106.51. Initiation. terpretation of the provisions of this (a) An amendment may be initiated Article. (b) In case an applicant is not satis- by:(1) The verified petition of one or ' fied with the action of the Planning more owners of property affected by Commission on his appeal may the proposed amendment, which peti- within fifteen (15) days appeal in Con shall be filed with the Planning writing to the City Council. Commission and shall be accompanied ' to the b a fee of One Hundred Dollars (c) Notice shall be given g� (�100.00), no part of which shall -be Planning Commission of such appeal returnable to the petitioner, or by and the Planning Commission shall (2) Resolution of •intention of the submit a report to the City Council City Council, or by ' setting forth the reasons for action (3) Resolution of intention of the taken by the Commission or shall be Planning Commission. represented at the Council meeting at Section 9106.51 amended by Ord. No. 737, the time the matter is heard. adopted .Ian. 17, 1955, Ord, No. 1011, adopted ' (d) The City Council shall render its Sept. 11, 1962. decision within thirty (30) days after the filing of such appeal. SECTION 9106.52. Public Bearings. Section 9706.35 amended by Ord. No. 907, (a) The Planning Commission shall ' adopted December 28, 1959; Section 9106.35 hold at least one (1) public hearing on any proposed amendment, and shall renumbered Section 9106.36 by Ord. No. 1059, adopted September 23, 1963. give notice thereof by at least one (1) publication in a newspaper of general SECTION 9106.4. Revocation of Per- circulation within the City at least ten mits or Variances. (10) days prior to the first of such hearings. SECTION 9106.41. Any zoning per- (b) In case the proposed amendment ' mit, use permit, or variance granted in consists of a change of the boundaries accordance with the terms of this Arti- of any district so as to reclassify any cle shall be revoked if not used within property from any district to any other one and one-half (1%) years from date district, the Planning Commission shall ' of approval unless, on approval, the give additional notice through the Planning Commission specifies or has U. S'. Mails at least five (5) days prior specified a different period of time. to the first of any public hearings to all Section 9106.41 amended by Ord. No. 845, property owners within three hundred ' adopted Apr. 14, 1958. (300) feet of the applicants property, as shown on the last approved assess- SECTION 9106.42. Any zoning per- ment rolls of the City. mit, use permit, or variance granted in (c) Any failure to mail such notices accordance with the terms of this Arti- as aforesaid shall not invalidate any ' cle may be revoked if any of the condi- proceedings for amendment of this Ar- tions or terms of such permit or vari- title. anee are violated, or if any law or ordi- Section 9106.52 amended by Ord. No. 845, nance is violated in connection there- adopted Apr, 14, 1958. ' with. SECTION 9106.43. The Planning Commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing and shall submit its recommendations to ' the City Council. The City Council shall act thereon within sixty (60) days after receipt of the recommendation of the Planning Commission. ' SECTION 9106.5. Amendments, This Article may be amended by changing the boundaries of districts or by changing any other provision there- of whenever the public necessity and convenience and the general welfare require such amendment by following ' CITY OF NEWPORT BEACH MUNICIPAL CODE 120 ' SECTION 9106.53. Action by Plan- herein are defined as follows: ' ning Commission. SECTION 9107.11. "ALLEY". Any (a) Following the aforesaid hearings public thoroughfare which affords only the Planning Commission shall approve a secondary means of access to abutting or disapprove the proposed amendment. property. ' If approved, the Planning Commission SECTION 9107.12. "AUTOMOBILE shall make and file a report of.its find- COURT (MOTELS)". A group of two rots and recommendations with the or more detached or semi-detached City Council. The Planning Commis- buildin s containing guest rooms or Sion shall make its decision and file its g g � ' report no later than ninety (90) days apartments with automobile storage after the first published notice of the space serving such rooms or apartments Planning Commission hearing unless provided in connection therewith sVhich such time limit is extended upon the group is designed and used pAmarily ' mutual agreement of the parties having for the accommodation of transient an interest in the proceedings. Failure automobile travelers. of the Planning Commission to take SECTION 9107.13. "BOARDING action on the proposed amendment or HOUSE". A dwelling other than a hotel ' failure to report within said time limit where lodging or lodging and meals for shall be deemed to be approval of the three (3) or more persons is provided proposed amendment by the Planning for compensation. Commission. SECTION 9107.131. "BUILDABLE ' (b) If the proposed amendment is AREA". The area of a building site, disapproved, no further action shall be excluding any basic minimum side, taken thereon unless an appeal is filed front and rear yard spaces, required in writing with the City Council within• for buildings three (3) stories or less ' fifteen (15) days after such disapproval. in height. SECTION 9106.54. Action by City Section 9107.131 added by Ord. No. 974, Council. adopted October 30, 1961. ' (a) Upon receipt of such report from SECTION 9107.14. "BUILDING". Any the Planning Commission, or upon the structure having a roof supported by expiration of the time limit prescribed columns or by walls and designed for in Section 9106.53(a), or upon the filing the shelter or housing of any person, ' of any appeal, the City Council shall animal or chattel. set the matter for one public hearing SECTION 9107.15. "BUILDING, AC- giving notice thereof as provided by CESSORY". A subordinate building, law. Notice shall also be given to the the use of which is incidental to that ' Planning Commission of such appeal, of the main building on the same lot and the Planning Commission shall and/or building site. submit a report of its findings and SECTION 9107.16. "BUILDING, recommendations to the City Council MAIN". A building in which is con- setting forth the reasons for the de- ducted the principal use of the lot ' cision of the Commission or the C'om- and/or building site on which it is sit- mission shall be represented at the uated. hearing. After the conclusion of such SECTION 9107.17. "BUILDING hearing, the City Council may adopt SITE". A lot or parcel of land, in single ' or reject the proposed amendment, or or joint ownership, and occupied or to any part thereof, in such form as said be occupied by a main building and ac- Council may deem to be advisable, or cessory buildings, or by a dwelling the Council may refer the matter back group and its accessory buildings, to- to the Planning Commission for further p g study and recommendation. gether with such open spaces as are (b) The decision of the City Council required by the terms of this Article, shall be rendered within sixty (60) days and having its principal frontage on ' after the receipt of a report and rec- a street, road, highway, waterway or ommendation of approval from the ocean front. Planning Commission or after the ex- Section 9107.17 amended by Ord. No. 845, piration of the time limit prescribed in adopted Apr. 14, 1958. ' Section 9106.53(a), or within sixty (60) SECTION 9107.18. "BUSINESS, RE- days after the filing of any appeal. TAIL". The retail sale of any article, Sections 9106.53 and 9106.54 amended by substance, or commodity for profit or Ord. No. 937, adopted Sept. 26, 1960. livelihood, conducted within a building ' CHAPTER 7. DEFINITIONS but not including the sale of lumber or other building materials or the sale SECTION 9107.1. For the purpose of of used or secondhand goods or mate- this Ordinance, certain terms used rials of any kind. 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 120-A SECTION 9107.19. "BUSINESS, SECTION 9107.22. "DWELLING, WHOLESALE". The wholesale handl- ONE SINGLE FAMILY". A building ' ing of any article, substance or com- containing only one kitchen, designed modity for profit or livelihood, but not for or used to house not more than one including the handling of lumber or family, including all necessary em- other building materials or the open ployees of such family. ? t storage or sale of any material or com- modity SECTION 9107.23. "DWELLING, ing or man including ufactureof ay pr the duct or TWO FAMILY OR DUPLEX". A build- substance. ing containing not more than two kitch- eircml-W. ens, designed and/or used to house not SECTION 9107.20."COMBINING DIS- more than two families, living incle- TRICT". Any district in which the gen- pendently of each other, including all ZZ 2 eral district regulations are combined necessary employees of each such fam S ' with "-B" or "-H" for the purpose of ilyt ' adding additional special regulations, SECTION 9107.24. "DWELLING, i.e. "R-l" combined with "-B" (R-1-B) MULTIPLE OR APARTMENT DWELL- increases the area and yard require- INGS". A building or portion thereof ments. "C-1" combined with "-H" used and designed as a residence for ' (C-1-H) adds the additional require-ment of off street parking. three (3) or more families living inde- pendently of each other, and doing SECTION 9107.21. "DISTRICT". A their own cooking in said building, in- ' portion of the City within which cer- eluding apartment houses, apartment tain uses of land and buildings are per- hotels and flats, but not including auto- mitted or prohibited and wit] mobile courts. hin wh certain yards and other open spaces Section 9107.24 amended by Ord, Na. 845, ' are required and certain height limits adopted Apr. 14, 1958. are established for buildings, all as set SECTION 9107.25. "DWELLING forth and specified in this Article. GROUPS". A group of two or more de- 4 ,ZZ , ,Z3 E�✓rotayEr'S jV om od7' ? . 1 t ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121 tached or semi-detached, 1-family, 2- SECTION 9107.312. "PARKING family, or multiple dwellings occupy- LOT". An off-street parking facility ing a parcel of land, in one ownership containing five (5) or more parking ' and having any yard or court in com- spaces. mon, but not including automobile Sections 9107.311 and 9107.312 added by courts. Ord. No. 1031 adopted March 25, 1963. SECTION 9107126. "FAMILY". One SECTION 9107,32. "PARKING ' or more persons occupying a premises SPACE". An accessible and usable off- o/r and living as a single housekeeping street parking space. ' UAl ?"S unit, as distinguished from a group oc- Section 9107.32 amended by Ord. 845, adopt- ' yZ z3.Z4 Z�;-,• cupymg a k}otel, club, fraternity or sor- ority house. A family shall be deemed 1031 adopted March 25, 1963. `to include necessary servants. SECTION 9107.27. "GARAGE SECTION 9107. "REVERSED SPACE". An accessible and usable cov- FRONTAGE". A keeyy lot or the first lot ' ered space of not less than nine (9) to the rear of a corner lot, the front feet, clear width, inside measurements, line of which is a continuation of the by twenty (20) feet, clear length, in- side line the corner lot and fronting on the street which intersects the street side measurements, for the parking of ' automobiles off the street, such space upon which the corner lot fronts and/or which faces the street upon to be located on the lot so as to meet which the side of a corner lot abuts. the requirements of this Article for an t accessory building. Any such garage SECTION 9107.34. "ROOMING OR space to be so located on the front one- BOARDING HOUSE". A dwelling half (i/z) of a lot shall have side walls, other than a hotel where lodging and/ roof, and an operating garage door for• or meals for three or more persons are access of automobiles. provided for compensation. ' Section 9107.27 amended by Ord. 756, adopt- SECTION 9107.35. "STREET". A pub- ed Sept. 26, 1955, and Ord. 845, adopted April lic or private thoroughfare which af- 14, 1958. fords principal means of access to ' SECTION 9107.28. "HEIGHT OF abutting property, including avenue, BUILDINGS". The vertical distance place, way, drive,lane, boulevard, high- from the average level of the highest way, road, and any other thoroughfare except an alley as defined herein. and lowest point of that portion of the ' lot covered by the building to the top- SECTION 9107.36. "STREET LINE". most point of the roof. The boundary between a street and SECTION 9107.29. "HOTEL". Any property. ' building or portion thereof containing SECTION 9107.37. "STRUCTURE". 6 or more guest rooms used, designed Anything constructed or erected, the or intended to be used, let, or hired use of which required location on the out to be occupied or which are occu- ground or attachment to something ' pied by 6 or more individuals for com- having location on the ground. pensation whether the compensation for hire to be paid directly or indi- SECTION 9107.38. "STRUCTURAL rectly. ALTERATIONS". Any change in the SECTION 9107.30. "JUNK YARD". supporting members of a building, such as bearing walls, columns, beams or The use of more than 100 square feet girders. of the area of any lot or the use of any ' portion of that half of any lot, which SECTION 9107.39. "TRAILER half adjoins any street, for the storage COURT". Land or premises used or in- of junk, including scrap metals or other tended to be used, let or rented for scrap materials or for the dismantling occupancy by or of trailers or movable ' or "wrecking" of automobiles or other dwellings, rooms or sleeping quarters vehicles, or machinery whether for sale of any kind. or storage. SECTION 9107.40. "USE". The pur- SECTION 9107.31. "NON-CONFORM- pose for which land or premises of a ING USE". A use that does not con- building thereon is designed, arranged, form to the regulations for the district or intended or for which it is or may in which it is situated. be occupied or maintained. SECTION 9107.311. "PARKING SECTION 9107.41. "USE-ACC'ES- AREA'. An off-street parking area SORY". A use incidental and accessory containing fewer than five (5) parking io the located on principal usehe of a to for a build- spaces. g ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A 1 SECTION 9107.42. "YARD". An open notwithstanding the provisions of Chap- space other than a court on the same ter 6 shall be processed in accordance lot with a building, which open space with the terms of this section. is unoccupied and unobstructed from (b) Any application for a Use Permit the ground upward, except as otherwise under the provisions of this chapter permitted in Section 9105.4. shall be accompanied by a fee of Five - SECTION 9107.43. "YARD—FRONT". Hundred Dollars ($500) if the land A yard extending across the front of area the proposed development is a the lot between the inner side yard five (5) acres or less plus One Hundred lines and measured from the front prop- Dollars of( ) Such application shall be pro- acrree in for each acre excess of five (5) acres. or portion H p erty line of the lot; provided that, if cn $� any official plan line has been estab- lished for the side of the street upon cessed by the Planning Commission which the front of the lot faces, then and transmitted to the City Council ' such yard shall be measured from such with a recommendation for its approval Q£a�• official plan line. or disapproval and any conditions the -�- - -- Planning Commission feels should be SECTION 9107.44. "YARD—REAR". imposed. The City Council may ap- ' A yard extending across the full width prove, disapprove or refer the same of the lot and vmeasured from the,.rear back to the Planning Commission for property line of the lot; provided that, further processing. Any such permit is if any official plan line has been estab- subject to the final approval of the City ' lished for the side of the street upon Council. which the rear of the lot faces, then SECTION 9108.3. Land Area Re- such yard shall be measured from such quired. official plan line. A planned residential development ' SECTION 9107.45. "YARD—SIDE". shall have sufficient land area to meet A yard extending from the, front prop- the objectives set forth in Section erty line of the lot to the rear yard and 9108.1. ' measured from the side property line SECTION 9108.4. Dwelling Types of the lot; provided that, if any official and Uses Permissible. plan line has been established for the a Only single-family dwellings, side a the street upon which the side and accessory uses and buildings nor- be the lot faces, then such yard shall mall incidental thereto shall be er- be measured from such official plan Y p line mitted in an R-1 District. Sections 9107.43, 9107.44 and 9107.45 amend- (b) Only single-family dwellings, ed by Ord. No. 932, adopted Aug. 8, 1960. two-family or duplex dwellings, or any ' combination thereof, and accessory CHAPTER 8. PLANNED uses and buildings normally incidental RESIDENTIAL DEVELOPMENTS thereto, shall be permitted in R-2 Dis- tricts. ' SECTION 9108.1. Planned Residential tw(o-familyyorsduplex dwellings, mul- Development. A planned residential development is tiple or apartment dwellings, or any a development planned and designed combination thereof as approved by ' as a unit to produce an environment the Planning Commission, and acces- of stable, desirable character not out sory uses and buildings normally in- of harmony with its surrounding cidental thereto, shall be permitted in ' neighborhood and which meets stand- an R-3 or R-4 District.ards of density, open space, light and (d) Community centers, social halls, air; pedestrian and vehicular access, lodges, clubs, private recreation centers, and traffic circulation similar to the churches, schools, yacht clubs, and ' regulations of this Article for the "R" parks and playgrounds may be permit- District or Districts in which such de- ted in a planned residential develop- velopment is to be located. ment in any R District. All uses or buildings other than those specified SECTION 9108.2. Use Permit Re- herein shall be prohibited. ' quired. SECTION 9108.5. Perimeter of Public (a) Planned residential developments may be permitted in any "R" District Streets; Partial Waiver. when a Use Permit is first secured for (a) A planned residential develop- each such development. Such Use Per ment shall be bounded on all sides by mit shall be subject to the regulations public streets. and requirements of this chapter and (b) A partial waiver of this require- CITY OF NEWPORT BEACH MUNICIPAL CODE 121-Ai ' ment may be permitted when it is (1) Two (2) covered parking spaces found and determined that such par- for each family dwelling unit in the tial waiver will not be inconsistent with development. adequate standards of pedestrian and (2) There shall also be required vehicular access and traffic circula- for visitors and guests at least one (1) tion for the development and for the parking space for every two (2) fam- area in which the development is lo- ily dwelling units in the develop- cated. ment. Such parking spaces may be SECTION 9108.6. Conformance to uncovered and shall be so located as Master Plan. to be accessible to such visitors and All planned residential developments guests. The requirement for this ad- shall conform to the Master Plan of ditional parking may be waived the City of Newport Beach, and no when it is determined that there will i such development shall be approved be sufficient parking space to ade- unless such development does conform quately serve the development with- I ' to the Master Plan. out it. SECTION 9108.7. Maximum Building ('3) The required parking spaces Coverage. or any portion thereof may be group- The maximum building coverage for that when it is found and determined the development shall not exceed forty that such grouping parking spaces er cent (40%) of the land area being and the location thereof eof will be ac- P cessible and useful in connection developed, exclusive of land area being with the proposed dwelling units in set aside for the rights-of-way of pub- the development. lic or private streets and alleys.SECTION 9108.8. Minimum Land SECTION 9108.13. Use Permit Appli- cation. Area per Dwelling Unit., An application for a planned resi- ' The minimum land area for each dential development shall be in the family dwelling unit, exclusive of land form of an application for Use Permit area being set aside for the rights-of- and shall be accompanied by the fol- way of public or private streets and lowing information, maps and plans: alleys, shall be not less than that re- (1) A boundary survey map of the quired for the district or districts in real property; a-tentative subdivision which such development is to be lo- map may be substituted if the appli- cated. cant proposes to subdivide the prop- Sections 9108.7 and 9108.8 amended by Ord. erty. No. 1001, adopted May 14, 1962. (2) Topography of the develop- SECTION 9108.9. 'rvrinlmnrr� Floor ment area and the proposed finished Living Area pe eIH 1n;t, grade shown in contour intervals of Icluded There shall be a minimum floor liv- not to exceed two (2) feet upon re- P ing area of one thousand (1,000) square quest of the Planning Department. feet d elli u 't in (3) The gross land area of the de- an , or �2�Distric , an ere s all velopment, the present zoning classi- ' be a• u floor living area of six fication thereof, and the zoning hundre N square feet for each classification and land use of the family e m uni in an, - or� area surrounding the proposed de- ,, District. GI-rage space shall not be in- velopment, including the location of ' in measuring this requirement. structures and other improvements. SECTION 9108.10. Maximum Building (4) A general development plan Heights. with at least the following details The maximum building heights shall shown to scale and dimensioned: ' be designated in the Use Permit but a. Location of each existing and shall in no event exceed those building each proposed structure in the de- heights prescribed in the district or velopment area, the use or uses districts in which such development to be contained therein, the num- I ' is to be located. ber of stories, gross building and SECTION 9108.11. 'Yards and Open floor areas, approximate location Spaces. of entrances and loading points The front and rear yards and open thereof. ' spaces between buildings shall be des- b. All streets, curb cuts, driving ignated in the Use Permit. lanes, parking areas, loading areas, SECTION 9108.12. Off-Street Park- public transportation points, and ing illumination facilities for the same. The off-street parking requirements c. All pedestrian walks, malls for each such development shall be as and upantsen areas for the use of • and members of the public follows: 1 ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121-A2 d. Location and height of all ing Inspector of the City to enforce walls, fences and screen planting, the provisions of this Article pertain- including a detailed plan for the ing to the creation, construction, recon- landscaping of the development struction, moving, conversion, altera- and the method by which such tion or addition to any building or landscaping is to be accomplished. structure. ' e. Types of surfacing, such as SECTION 9109.2. Any person, firm paving, turfing or gravel to be used or corporation, whether as principal,, at the various locations. agent, employee, or otherwise, violating f. A grading plan of the area. or causing the violation of any of the ' (5) Plans and elevations of one or provisio ans of this Article shall be guil- more structures to indicate architec- ty of misdemeanor, and upon con- tural type and construction standards. viction thereof shall be punishable by (6) A verified petition for a change a fine of not more than $300.00 or by ' in zoning classification in accordance imprisonment in the County Jail of the with Section 9106.5, if such a change County of Orange or the City Jail of in zoning classification is required the City of Newport Beach, for a term to make such development conform not exceeding 150 days or by both such to the Master Plan. fine and imprisonment. Such person, (7) Such other information as may firm or corporation shall be deemed to be required by the City to assist be guilty of a separate offense for each in the consideration of the proposed and every day during any portion of ' development. which any violation of this Article is committed or continued by such per- SECTION 9108.14. Reports from Fire son, firm or corporation and shall be and Public Works Departments. punishable as herein provided. ' The application and accompanying SECTION 9109.3. Any building or submitted t maps,,and plans shall be structure set up, erected, constructedy submitted to the Fire Department and altered enlarged, converted moved or Public Works Department and written g ' recommendations in connection there- maintained contrary to the provisions with shall be supplied by those de- of this Article, and any use of any land, partments before final action is taken building or premises established, con- on such development. ducted, operated or maintained con- trary to the provisions of this Article, ' SECTION 9108.15. ,Building Permits. shall be and the same is hereby de The Department of Building and Glared to be unlawful and a public Safety shall insure that a planned resi- nuisance; and the City Attorney of said dential development is undertaken and City shall, upon order of the City Coun- ' completed in conformance with the ap- cil, immediately commence action or proved plans and the terms and condi- proceedings for the abatement and re- tions of the Use Permit for such de- moval and enjoinment thereof in the velopment. No building permit shall manner provided by law, and shall be issued for any construction or de- take such other steps and shall apply velopment which does not conform to to such courts as may have jurisdiction such plans, terms, and conditions. to grant such relief as will abate and Chapter 8 repealed by Ord. No. 952, adopted ' March 27, 1961; new Chapter 8 added by Ord. No. 955, adopted April 10, 1961. ' CHAPTER 9. ENFORCEMENT, PENALTIES AND LEGAL PROCEDURE ' SECTION 9109.1. All departments, official and public employees of the City of Newport Beach, vested with the duty or authority to issue permits or ' licenses shall conform to the provisions of this Article and shall issue no per- mit or license for uses, buildings, or purposes in conflict with the provisions ' of this Article; and any such permit or license issued in conflict with the pro- visions of this Article shall be null and void. It shall be the duty of the Build- II, ' CITY OF NEWPORT BEACH MUNICIPAL CODE 121-B remove such building or structure, and sentence, clause and phrase hereof, ir- restrain and enjoin any person, firm respective of the fact that any one or ' or corporation from setting up, erect- more sections, subsections, sentences, ing, building, maintaining, or using clauses or phrases be declared invalid. any such building contrary to the pro- visions of this Article. CHAPTER 12. REFERENCE ' SECTION 9109.4. The remedies pro- SECTION 9112.1. This Article shall vided for herein shall be cumulative be known and cited as the Zoning Law and not exclusive. of the City of Newport Beach. Refer- SECTION 9109.5. Interpretation. ence to section numbers herein are to When interpreting and applying the the sections Of this Article. provisions of this Article, they shall be SECTION 9124. Oil Wells. No perso n held to be the minimum requirements shall erect or construct oil drilling son ' adopted for the promotion of the public ricks or oil drilling equipment within er- health, safety, comfort, convenience the City, or shall drill from the sur- and general welfare. It is not intended face or by subterranean drilling, for ' peal the adoption in any wayy to impair this Article to - oil, petroleum, tar, gas or other hydro- peor - carbon substances within the City, or Pere with any existing provisionn inteerr of law shall build or establish refineries for of the Municipal Code of the City of the purpose of refining petroleum, oil, Newport Beach, or any rules, regul gas, tar or other hydrocarbon substan- o' r issued permits previously adopted or which shall be adopted adopted ces within said City, except that it shall or be lawful under the provisions hereof or issued pursuant to law relating to to drill for oil, petroleum, tar, gas the erection, construction, establish- or other hydrocarbon substances by ' ment, moving, alteration or enlarge- slant drilling or subterranean drilling ment of any legal building or improve- in and under the area hereinafter de- ment; nor is it intended by this Arti- scribed, provided that the drilling sites cle to interfere with or annul any shall be located outside of the city lim- ' easement, covenant, or other agree- its of the City and that such drilling ment between parties; provided, how- shall be at a vertical depth of at least ever, that in cases in which this Arti- four hundred feet below the ground cle imposes greater restrictions than surface within the area mentioned and ' are imposed or required by other pro- hereafter described. visions of law or the Municipal Code T of the City a Newport Beach, t slant drillingThat the area in the City in which by such rules, regulations a permits or shall be permitted, under the terms m or subterranean'drilling such easements, covenants agree- shall is described as being: merits, then in such cases the provisions bi ovisions . of this Article shall control. All that area lying northwest- Section 9109.5 added by Ord. No. 952, adopt- erly of the southeasterly line of ' ed March 27, 1961. 53rd Street, and the northeast- erly and southwesterly pro- CHAPTER 10. REPEALING longation of said southeaster- SECTION 9110.1. Ordinance No. 525 ly line of 53rd Street, as said is hereby repealed and all other ordi- 53rd Street is laid out and nances and parts of ordinances of said shown upon a map of Ocean City in conflict with this Article to the Front Tract, recorded in Book extent of such conflict and no further, 4, Page 12 of Miscellaneous are hereby repealed provided that Maps, Records of Orange Coun- ' nothing herein contained shall be ty, California, and a map of deemed to repeal or amend any ordi- River Section, recorded in nance of said City requiring a permit Book 4, Page 25 of Miscellan- or license or both to cover any business eous Maps, Records of said ' trade or occupation. County. CHAPTER 11. VALIDITY SECTION 9124.1. Any proposed SECTION 9111.1. If any section, sub- change in or expansion of the area ' section, sentence, clause or phrase of within the City of Newport Beach in this Article is for any reason held by which slant drilling or sub-terranean a court of competent jurisdiction to be drilling is allowed by Section 9124 of invalid, such decision shall not affect this Code shall first be submitted to ' the validity of the remaining portions the qualified electors of the City of of this Article. The City Council hereby Newport Beach for approval or dis- declares that it would have passed this approval. 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