HomeMy WebLinkAbout439 - Residence Building PermitsORDINANCE NO. 489; here
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AN ORDINANCE ESTABLISH- the
ING A RESIDENCE DISTRICT, imm
MAKING CERTAIN EXCEP- pros
TIONS THERETO, AND GOV- rem
ERNING THE ISSUANCE OF the
BUILDING PERMITS IN THE shal
CITY OF NEWPORT BEACH, shal
CALIFORNIA. as r
The City Council of the City of
Newport Beach, California, does
ordain as follows:
Section 1. The word "Business"
as used in this ordinance, shall
mesa the occupation or employ-
ment or buying, selling, bartering
mad exchanging goods, wares and
merchandise or other personal
property or real property or any
interest therein for profit or live
bhood and also the ownership or
management of hotels, office
loadings, offices and recreational
or amusement enterprises, and
public and personal services.
The word "Industry" as used in
this ordinance, shall mean the stor.
age, repair, manufacture, prep-
aration or treatment of any ar-
ticle, substance or commodity ex-
cept (1) fish and fish products,
42) wrecked automobiles, junk and
waste materials, (3) fireworks or
explosives, (4) acids, (5) hides and
other artie,es and products, the
manufacttre or treatment of which
in the judgment of the City Conn-
ell would constitute a nuisance in
the City of Newport Beach.
Section The corporate area
K the City of Newport Beach, in-
aim4ng such commercial and in.
dusu•ial districts as are established
In Section 3 hereof, is hereby de-
elamd to be a residence district.
Any land within said residence dis-
trict, as defined herein, may be
used for dwellings, churches, pub -
he buildings, farming, gardening
and nurseries, and the structures
and uses accessory thereto.
Section 3. For the purpose of
establishing and designating com-
mercial districts and industrial dis-
tricts within the City of Newport
Beach, within each of which cer-
tain uses of land and buildings will
be permitted and other uses pro -
hibited, a map has been prepared
showing the boundaries of com-
mercial and industrial districts.
Said map, entitled, "Interim Dis-
trict No. 1, City of Newport Beach,
California," is hereby adopted and
made a part of this ordinance and
all districts shown thereon are ap-
proved and attested by the iden-
tifying signatures of the Mayor
and City Clerk and established of-
ficially for guidance in the issu-
ance of building permits. All no-
tations, references and other in-
formation shown on said "Interim
District Map No. V shall be as i
much a part of this ordinance as 1
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 1n- i
tended to be used for business and ,
Be land, building or premises shall 1
such
mov
and
son,
erec
alter
caul
stru,
prov
TT
in s]
clusi
Se
acte.
of a
ning
Bea(
U used for business within the (Seal
City of Newport Beach, except in Pub. —
a Business or Industrial District,
as shown upon "Interim District
Map No. 1, City of Newport Beach,
California."
Section 5. No permit shall be
Map No. 1, City of Newport Beach
California."
Section 5. No permit shall ba
issued for the erection, alteration
enlargement or moving of any
building or structure for industry ..
and no land, building or promisee
shall be used for industrial pur-
poses in the City of Newport
Beach, except in an Industrial Dis-
trict as shown upon "Interim Dis-
trict Map No. 1, City of Newport
Beach, California."
Section 6. The lawful use of
land existing at the time of the
passage of this ordinance, although
such use does not conform to the
provisions hereof, may be con-
tinued. If such non - conforming use
of land is discontinued, any future
use of said land shall be in con-
formity with the provisions of this
ordinance.
Section 7. The lawful use of a
building existing at the time of
the passage of this ordinance may
be continued, although such use
does not conform with the pro-
visions hereof. Any such non -con-
forming use of a building existing
at the time of the passage of this
ordinance may be changed to a
similar use and such building may
be repaired or reconstructed upon
its present site, but in the event of
destruction of the building, to
seventy -five percent (75%) of its
assessed value, any subsequent re-
construction thereof or new build-
ing erected upon such site shall
be used in conformity with the
provisions of this ordinance.
Section S. 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 misdemeanor and upon convic-
tion thereof, shall be punishable by
a fine of not more than Three
Hundred Dollars ($300.00) or by
imprisonment in the County Jail
of Orange County for a term not
exceeding 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 permitted
by such person, firm or corpor-
ation, 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
ti hereby declared to be a public
nuisance and the City Attorney of
LISH- the City of Newport Beach shall
'RICT, immediately commence action or
CCEP- proceedings for the abatement and
GOV- removal or enjoinment thereof in
:E OF the manner provided by law and
THE shall take such other steps and
PACK, shall apply to such court or courts
as may have jurisdiction to grant
such relief as will abate and re-
'tty of move such building or structure
does and restrain and enjoin any per,-
son, firm or corporation from
iiness" erecting, constructing, converting,
shall altering, adding to, enlarging, or
nploy- causing to exist any building,
tering structure or thing contrary to the
!a and provisions of this ordinance.
rsonal The remedies provided for here-
,r any in shall be cumulative and not ex-
r live- clusive.
ilp or Section 9. This ordinance is an-
office acted to maintain the status quo
.tional of conditions while the City Plan -
and ning Commission of Newport
Beach is gathering data and in-
sed in formation to be used as a basis of
e stor• its final report to the City Council
prep- on a comprehensive districting
y ar- plan for Newport Beach as auth-
:y ex- crized by Chapter 838, Statutes of
ducts, 1929. Said Planning Commission is
k and directed to prepare and submit
ks or said final report to the City Coun-
!a and cil on or before July 1st, 1938.
, the Section 10. This ordinanceshall
which take effect and be in full force
Coun- and effect thirty (30) days after
ice in its final passage, and approval and
shall remain in effect until mid -
area night, July 1st, 1938.
h, in- Section 11. The Clerk of the
d in. City of Newport. Beach is directed
lished to cause this ordinance, together
y de- with-a copy of the "Interim Dis-
atrict. trict Map No. 1, City of Newport
e dis- Beach, California,' referred to
,y be herein, to be published one time
pub - in the Newport News, which news-
ening paper is hereby designated for
.tures that purpose.
Passed and adopted by the City
se of Council of said City of Newport
com- Beach and approved by me this
I dis- 23rd day of December, 1935.
vport HERMANN KILMER,
cer- Mayor, City of Newport Beach.
s will Attest:
pro- FRANK L. RINEHART,
.3ared City Clerk.
com- State of California )
ricts. County of Orange ) as.
Dis- I City of Newport Beach )
each, I, Frank I. Rinehart, City Clerk
1 and of the City of Newport Beach, do
and hereby certify that the foregoing
a ap- ordinance was Introduced at a
idea- regular meeting of the City Coun-
:ayor cil of the City of Newport Beach,
d of- held on the 2nd day of December,
issu- 1935, and was duly passed and
1 no- signed by the Mayor of said City
In- at a regular adjourned meeting of
.erim said City Council held on the 23rd
e as day of December, 1935, by the fol-
:e as lowing vote, to-wlt:
AYES, Councilmen: Gordon,
11 be Claire, Garfield, Kilmer.
.tion, NOES, Councilmen: None.
any ABSENT, Councilmen: Ells-
in- worth.
and Attest:
shall FRANK L. RINEHART,
the (Seal) City Clerk
it In Pub. —Jan. 2, 1938.
rict,
tract
ach,
1 be
:ion,
INTERIM DISTRICT MAP Ns i
OF THE
CITY OF NEWPORT BEACH
CALIFORNIA
MAY 6T" 1935
R.L.PATTERSON CITY ENGINEER
LEGEND
RESIDENTIAL DISTRICT SHOWN OPEN O
BUSINESS DISTRICTS SHOWN IN SOLID DLACK I♦
INDUSTRIAL DISTRICTS SHOWN IN SHADED DLACK VAMA
CITY SOUNDAIdY SHOWN THUS - - - - - --
U.&SULKH@AD LINES SHOWN THUS - - --
U.S.PIERHQAD LINES SHOWN THUS - - - - --
SGAL_Er
o mo w sos m nos x000 asr
dppivwed mid adgo%d dy A$ CI& C~W
of Navpw/ Band; Ca/!/ w"Az as pv4 d
Ordnexe NY d9Z Moy1 O /935,
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