HomeMy WebLinkAbout432 - Building Permits•
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ORDINANCE NO. 432
AN ORDINANCE ESTABLIS
ING A RESIDENCE Di
TRICT, MAKING CERTAI
EXCEPTIONS THERE T
AND GOVERNING THE I
SUANCE OF BUILDING PE
MITS IN THE CITY OF NEV
PORT BEACH, CALIFORNIA
The City Council of the City -
Newport Beach. California, do o
dain as follows:
Section 1. The word "Business
as used in this ordinance, sh
.mean the occupation or emplo
ment or buying, selling, barterin
and exchanging goods, wares a
merchandise or other personal pr
party or real property or an
interest therein for profit or livel
hood and also the ownership
management of hotels offic
buildings, offices and recreation
,or amusement enterprises. an
,public and personal services.
The word "Industry" as use
In this ordinance, shall mean th
storage, repair, manufacture, pre
paration or treatment of an
article, substance or commodit
except (1) fish and fish products
Q2) wrecked automobiles, jun
and waste materials, (3) fire
works or explosives, (4) acids
(5) hides and other articles an
Products. the manufacture o
treatment of which in the judg
ment of the City Council would
constitute a nuisance. in the City
of Newport Beach,
Section 2. The corporate are
Of the- City of Newport Beach,
California, including such com-
mercial and industrial districts as
are established in Section 3 here-
of, 18 hereby declared to be a re
.aidence district. Any land within
said residence district, as defined
herein, may be used for dwellings,
'Churches, public buildings, farm-
ing, gardening and nurseries and
the structures and uses accessory
thereto.
Section 3. For the purpose of
establishing and designating com-
mercial districts and industrial
districts within the City of New-
port Beach, within each of which
certain uses of land and buildings
will be permitted and other uses
prohibited, a map has been pre -
..pared showing the boundaries of
commercial and' industrial dis-
tricts. Said map, entitled, "In-
terim District Map No. 1, City
Of Newport Beach, California," is
hereby adopted and made a part
,of this ordinance and all districts
shown thereon are approved and
attested by the Identifying signa-
tures of the Mayor and City Clerk
and established offically for guld-
ance in the issuance of building
Permits. All notations, references
and other information shown on
said "Interim District Map No. 1"
shall be as much a part of this
ordinance as if fully described
herein.
Section 4. No permit shall be
Issued for the erection, alteration,)
enlargement or moving of any
.; building or structure used or in-
-tended to be used for business and
no land, building or prem!sea shall
be used for business within the
City of Newport Beach except i.
a Business or Industrial District
H as shown upon "Interim District
S Map No. 1, City of Newport Beach
N California."
O Section 5. No permit shall be
S issued for the erection, alteration
R enlargement or moving of an
building or structure for industry
and no land, building or pre-
' miser shall be used for industrial
of purposes in the City of Newport
r- Beach, except in an Industrial
District as shown upon "Interim
., District Map No. 1, City of New-
ell port Beach, California."
_ Section 6. The lawful use of
Y land existing at the time of the
g passage of this ordinance, al-
nd though such use does not cbnferm
pro
to the provisions hereof, may be
_ con- inued. If such non- conform-
t big use of land is- discontinued,
Oa any future use of said land shall
e be in conformity with the pro
al
d visions of this ordinance.
Sectlon 7. The lawful use of a
building existing at the time of
d the passage of this ordinance may
e be continued, although such use
Y does not conform with the pro,
y t:sions hereof. Any such non-
conforming use of a building ex-
isting at the time of the passage
of this ordinance may be changed
to a similar use and such build-
s ing may be repaired or recon-
structed upon its present site, but
r in the event of destruction of the
building to seventy -five percent
(75 %) of its assessed value, any
subsequent reconstruction thereof
a- or new building erected upon such
site shall be used m Nnformitq
with the provisions of this or-
dinance.
Section 8. Any person, firm or
corporation, whether as principal.
agent, employee or' otherwise,
violating any of the provisions of
this ordinance shall be guilty of a
misdeameanor, and upon convic-
tion thereof shall be punishable
by a fine of not more than Three
Hundrer Dollars ($300) or by im-
prisonment in the County Jail of
Orange County for a term not ex-
ceeding three (3) months or by
both such fine and imprisonment.
Such person, firm or corporation
shall be deemed guilty of a sep-
arate offense for each and every
day during any portion of which
any violation of this ordinance is
committed, continued or permit-
ted by such person, firm or cor-
poration, and shall be punishable
as herein provided.
Any building or structure erect-
ed, constructed, converted, altered,
or moved to a new location con-
trary to the provisions of this or-
dinance shall be and the same
is hereby declared to be a public
nuisance and the City Attorney
of the City of Newport .Beach
shall immediately commence ac-
tion or proceedings for the abate-
ment and removal or enjoinment
thereof in the manner provided by
law and shall take such other
steps and shall apply to such court
or courts as may have jurisdiction
to grant such relief as will a-
bate and remove such building or
structure and restrain and enjoin
any person, firm or corporation
from erecting, constructing, con-
3 verting, altering, adding to, enu
larging, or causing to exist any
building, structure Or thing con-
, trary to the provisions of this or,
dinance.
The remedies provided for here-
in shall be cumulative and not
y exclusive.
Sectlon 9. This ordinance is
enacted to maintain the status quo
of conditions while the City Plan-
ning Commission of Newport
Beach is gathering data and in-
formation to be used as it basis
Of its final report to the City
Council on a comprehensive dis-
tricting plats fbr Newport Beach
as authorized by Chapter 838;
Statutes of 1929. Said Planning
Commission is directed to pre-
pare and submit said final report
to the City Council on or before
December 1st, 1935,
Section 10. This ordinance
shall take effect and be in full
force and effect thirty (30) days
after its final passage and "ap-
proval and shall remain in effect
until midnight. December 31st,
1935.
Section 11. The CIerk of the
City of Newport Beach is direct-
ad to cause this ordinance, to-
gether with a Copy of the "In-
terim District Map No. 1, City
of Newport Beach, California,"
referred to herein, to be publish-
ed one time in the Newport News.,
which newspaper is hereby de-
signed for that purpose.
Passed and adopted by the City
Council of the said City of New=
port Beach and approved by me
this 20th day of May. 1935.
HER,MANN FIILMER.
Mayor, City of Newport Beach,
ATTEST:
Frank L. Rinehart.
City Clerk.
State of California )
County of Orange )
City of Newport Beach ) Ss
I, Frank L. Rinehart, City
Clerk of the City bf Newport
Beach_ do hereby certify that the
foregoing ordinance was introduc-
ed at a regular meeting of the
City Council of the City of New-
port Beach, held on the 6th day
of May, 1935. and was duly passed
and signed by the Mayor of said
City at aregular adjourned meet-
ing of the said Council, held on the
20th day of May, 1935. by the
following vote, to -wit:
(Seal)
AYES, COUNCILMEN: Gor-
don, Claire, Ellsworth, Garfield;
Hilmer.
NOES, COUNCILMEN: None.
ABSENT, COUNCILMEN 1
None,
ATTEST: Frank L. Rinehart,
City Clerk,