HomeMy WebLinkAbout440 - Land Classifications and DistrictsORDINANCE NO. 440.
AN ORDINANCE ESTABLISH-
ING LAND CLASSIFICATIONS
AND DISTRICTS W I T H I N
THE INCORPORATED TERRI-
TORY OF THE CITY OF NEW-
PORT BEACH AND REGU-
LATING THE USES OF PROP-
ERTY THEREIN, ADOPTING
A MAP OF SAID DISTRICTS,
DEFINING THE TERMS USED
IN SAID ORDINANCE, PRO -
VIDING FOR THE ADJUST -
MENT,ENFORCEMENT AND
AMENDMENT THEREOF AND
PRESCRIBING PENALTIES
FOR ITS:VIOLATION.
The City Council of the City of
Newport Beach do ordain as fol-
lows:
.'SECTION 1: General Purpose and
Adoption of Official
Land Use Plan.
For the public health, safety and
general welfare and in order (1) to
secure for the citizens of the City
of Newport Beach the social and
economical advantages resulting
from an orderly, planned . use of
Its land resources, (2j to provide
a definite, official land-use plan .
for the City of Newport Beach and
(3) to guide, control and regulate
the future growth and develop -
went of said City in accordance
with said plan, there is hereby
adopted and established an official
Districting Plan for the City of
Newport Beach. Said plan is
.adopted pursuant to the authority
of Chapter 888, Statutes of 1929,
. State of California.
:SECTION 2: Definitions.
This ordinance, embodying and
making effective the band Use
Plan of the City of Newport Beach,
shall be known as "The Districting
Ordinance," and, for the purpose
of this ordinance, certain words
and terms are defined as follows:
Words used in the present tense
include the future, words in the
singular number include the plur-
al, and words in the plural num-
her include the singular; the word
"building" includes the word
"structure;" and the word "shall"
is mandatory and not directory.
The term "City Council" when
used shall mean the City Council
of the City of Newport Beach, and
"Planning Commission" shall mean
the City Planning Commission of
the City of Newport Beach. The
word "City" when used shall mean
the incorporated City of Newport
Beach.
"Accessory building ": A subor-
dinate building or portion of the
main building, the use of which is
incidental to that of the main
building on the same lot.
"Accessory use ": A use custom-
arily incidental and accessory to
the principal use of a lot or a
bullding . located upon the same lot.
"Alley": A public way which af-
fords asecondary means of access
to abutting property.
"Apartment house ": Any build-
ing or portion thereof more than
one (1) story in height which is
designed, built, rented, leased, let
or hired out to be occupied or
which is occupied as the home or
residence of three (3) or more
families living independently of
each other and doing their cooking
in the said building.
"Automobile court," "camp," or
"trailer camp ":
i —A group of two or more
detached or semi- detached
buildings containing :g,.u:est
rooms and/or - apa#.wents
With. automobile storage. space
pmvi ed in connection-there-
with; -- - - - —
2 —Land used or intended to
be used for camping purposes
by automobile transients.
"Basement ": A story partly un-
derground and having- at least
one -half (A) of its height, meas- ,
ured from its floor to its finished
ceiling, above the average adjoin-
. ing grade. A basement shall be
counted as a story if the vertical
distance from the average adjoin-
ing grade to its ceiling is over
five (5) feet.
'Building': A structure . having
a roof supported by columns or
walls.
'Building height': The vertical
distance measured from the aver-
age level of the highest and lowest
point of that portion of the lot
covered by the building to the ceil-
ing of the uppermost story.
"Building site ": The ground area
-of a building or buildings together
with all open spaces as required
by this ordinance.
"Bungalow court": Three or
more detached one -story, one or
two-family dwellings located upon
a single lot under one ownership,
together with all open spaces as
required by this ordinance.
"Club ": An association of per-
. sons for some common purpose
but not including groups organized
- primarily to render a service which
is customarily carried on as a
business.
"Dwelling, one - family ": A build-
ing containing but one kitchen,
designed and /or used to house not
more than one family, including
all necessary employees of such
family.
"Dwelling, two - family": A build.
ing,containing not more than two
- kitchens, denirmed and /or used to
house not more than two families,
living independently of each other,
including all necessary employees
of each such family.
"Dwelling, group ": A combin-
ation or arrangement of dwellings,
whether detached or not, on one
(1) building site.
"Dwelling, multiple- family": A
building not more than one (1)
story in height, designed and/or
used to house three or more fam-
ilies, living independently of each
ather, including all necessary em-
ployees of each such family.
"Family ": One person living
alone or two or more persons liv-
ing together, whether related to
each other or not.
"Garage, private ": An accessory
building or an accessory portion of
the main building, designed and /or
used only for the shelter, or -stor-
age of vehicles owned or operated
by the occlTants of t #e main
building.
"Home occupation ": Any voca-
tion, trade or profession carried on
within. a dwelling by the inhabi-
tants thereof, where only electric
power, not in excess of an aggre-
gate. of one (1) horsepower, is
used, no merchandise or other ar-
ticles are displayed for advertis-
ing purposes and no assistants are
employed except as permitted in
certain districts.
"Hotel ": Any building or portion
thereof containing six (6) or more
guest rooms used or intended or
designed to be used, let or hired
out to be occupied or which are
occupied by six (6) or more guests,
whether the compensation for hire
be paid directly or indirectly in
money, goods, wares, merchandise,
labor or otherwise and shall in-
clude hotels, lodging and rooming
houses, dormitories, Turkish baths,
bachelor hotels, studio hotels, pub-
lic and private clubs and any such
building of any nature whatsoever
so occupied, designed or intended
to be occupied, except jails, hos-
pitals, asylums, sanitariums, or-
phanages, prisons, detention homes
and similar buildings where hu-
man beings are housed and detain-
ed under legal restraint.
"Kitchen ": Any room used or in-
tended or designed to be used for
cooking and /or preparation of
food.
"Lot ": Any area of land under
one ownership abutting upon at
least one public street or a record-
ed easement.
"Lot, comer ": A lot located at
the junction of two or more inter-
secting streets, with a boundary
line thereof bordering on each of
the two streets and having a width
nor greater than seventy-five (76)
feet.
"Lot, interior ": A lot which is
not a comer lot is an interior lot.
,Lot, through ": An interior lot
having frontage on two (2) paral-
lel or approximately parallel
Streets.
"Story": Any portion of a build-,
ing included between the finished
ceiling next above it or the finish -,
ed under - surface of the roof di-
rectly over that particular floor.
"Street ": A public or private
thoroughfare which affords a pri-
mary means of access to abutting
property is a street to that prop-
erty for the purpose of this ordin -i
ante.
"Structure ": Anything c o n-
structed or erected and the use of
which requires more or less per-
manent location on the ground or
attachment to something having a
permanent location on the ground
but not including walls and
fences less than seven (7) feet in
height and other improvements of
a minor character.
"Structural alterations ": Any
change in the supporting members
of a building such as bearing
walls, columns, beams or girders
and floor; joists or roof joists.
"Yard ": An' unoccupied apace
on slot on which a. building is sit-
uatedand, except where otherwise
provided in .this ordinance, open
to the sky.
"Yard, front ": A yard extending
across the front of the lot between
the inner side -yard lines and meal -'
ured- between the front line of the
lot and either:
(a) The nearest line of the
main building;
(b) The nearest line of any
enclosed or covered porch.
"Yard, rear ": A ,yard extending
Across the full width of the lot
and measured between the rear
line of the lot and rear line of the
.main building nearest said rear
line of the lot.
"Yard, side ": A yard on each
side of the building between the
building and the aide line of the
lot and extending from the street
line of the lot to the rear yard.
SECTION 3: Establishing Districts
and Limiting the
Uses of Land There-
in.
In order to classify, regulate,
restrict and segregate the uses of
land and buildings, to regulate and
restrict the height and bulk of
buildings and to regulate the area
of yards, courts and other open
spaces about buildings, the incox
porated territory of the Clty of
Newport Beach is hereby divided
into six (6) districts as foilowe:
R -1: (Single- family) Residence
District;
R -2: (Two - family) Residence l
R -3: (Multiple - family) Resi-
dence District;
C -1: (Local) Business District;
C -2: (General) Business Dis-
trict;
M -1: Industrial District.
The boundaries of said Districts
shall be determined and defined
by the adoption of a- map, or maps,
covering the incorporated area of
the -.City which, upon final adop-
tion, shall be a part of the official
Master Plan of said City and shall
be known as the "District Map."
The District Map, showing the
classification and boundaries of
districts, after its final adoption in
the manner required by law shall
become and be a part of this ordin.
ante, and said map and all nota-
tions, references and other infor-
mation shown thereon shall there-
after be se, much a part of this
ordinance as if the matters and in-
formation set forth by said map
were filly described herein.
Where uncertainty exists ae to
the boundaries of any district
shown on said District Map, ;the
following rules shall apply:
(a) Where such boundaries are
Indicated as approximately follow -
ing street and alley lines or lot
Imes, such lines shall be, construed
''to be such boundaries'
(b) In unsubdivided property and
Where a district boundary divides a
loot, the locations of such boundar-
its, unless the same are indicated
by dimensions, shall be determin-
ed by use of the scale appearing on
such District Map;
(c) In case any uncertainty ex-
ists, the .Planning Commission
.shall determine the - location of
',boundaries;
(d) Where a public street or
'alley is officially vacated or aban-
Idoned, the regulations applicable
to abutting property shall apply
Ito such vacated or abandoned --
street or alley.
j The boundaries of such districts
as are shown 'upon the District
Map adopted by this ordinance or
amendments thereto are Hereby
.adopted and approved, and the
regulations of this gtdinance gov-
erning the use of land and build-
ings, the height of buildings; the
sizes of yards about buildings and'
other matters as hereinafter set
forth are hereby established and
declared to be in effect upon all
land Included within the bounder -
lea of each and every district
shown upon said District Map.
Except as hereinafter provided:
I —No building shall be erected
and no existing building shall be
moved, altered, added to or enlarg-
ed nor shall any land, building or
.premises be used, designed or in-
tended to be used for any purpose
or in any manner other than a use
listed in this ordinance or amend-
ments thereto as permitted in the
district in which such land, build-
ing or premises is located;
2—.No building shall be erected
nor shall any existing building be
moved, reconstructed or structur-
ally altered to exceed in height the
limit established by this ordinance
or amendments thereto for the dis-
trict in which such buifding Is lo-
cated;
3 —No buiiding shall be erected
nor shall any existing building be
moved, altered, enlarged or rebuilt
nor shall any open spaces sur-
rounding any building be en-
croached upon or reduced in any
manner except in conformity with
ailthe building -site requirements and
the area and yard regulations es-
tablished by this ordinance or
j amendments thereto for the dis-
trict in which such building is lo-
cated.
4 —No yard or other open space
provided about any bmlding for
the purpose of complying with the
regulations of this ordinance or
amendments thereto shall be con-
sidered as providing a yard or
open space for any other building
or structure.
SECTION 4: R -1 (Single - Family)
Residence District
Regulations.
(a) Uses Permitted
1— Farming, including all
types of agriculture and horti-
culture except (a) commercial
dairies, (b) commercial ken-
nels and rabbit -, fox -, goat -
a n d other animal- raising
r-n r ms-Yci- - egg- pradnctng-
ranche and farms devoted to
the hatching, raising, fatten-
ing and /or butchering of
chickens, turkeys and other
poultry on a commercial scale,
(d) hog - and other live- stock-
feeding ranches and (e) ranch-
es operated publicly or pri-
vately for the disposal of
garbage, sewage, rubbish or
offal;
2— Flower and vegetable
gardening;
3— Nurseries and ,grem-
houses used only for purposes
of propagation and culture
and not for retail sales;
4— Public parks; golf, swim- .
ming, tennis, polo, yacht and
country clubs; and similar rcc-
reational uses but not includ-
ing any sport, athletic, recrea-
tional or amusement enter-
,. prise operated as a business
or for commercial purposes: -
5— One - family dwellings of
a permanent character placed
in permanent locations;
6 —Home occupations, of-
fices and studios, provided no
advertising sign, merchandise,
products or other material or
equipment is displayed for ad-
vertising purposes;
7 -- Accessory buildings,
uses and special uses as pro-
vided in Section 10;
8—One (1) unlighted sign
not exceeding nix. (6) square
feet in area pertaininl only to
the sale, lease or hire of only
the particular building, prop-
erty or premises upon which
displayed. No other advertis-
ing signs, structures or de-
vices of any character shall be
permitted in any R -1 (Single -
Family) Residence District;
9 —The following additional
Uses, subject to the issuance
of conditional permits there-
for as prescribed in Section 11;
(a) Public- utility building;
(b) Churches, museums and
libraries;
(c) Schools, colleges, pub-
lic playgrounds and athletic
fields.
(d) Real estate offices.
b) Building- height Limit
Two (2) stories and not to ex-
eed thirty -five (35) feet, except
.s provided in Section 10.
c) Building -sito Area Required
Except as provided in Sections
0 and 11, the minimum building -
its area for each one -family
[welling shall be six thousand
6,000) square feet.
d) Front Yard Required
Except as provided in Sections
.0 and 11, no building shall be
:rected closer than twenty (20)
eet to the front property line of
he building site.
e) Side, Yard Required
Except as provided in Sections
.0 and 11, each side yard shall be
tot less than five (5) feet wide.
If) Rear Yard Required
Except as provided in Sections
l0 and 11, the depth of the rear
lard shall be not less than twenty
[20) feet.
3ECTION 5: R -2 (Two- Family)
Residence District
Regulations
(a) Uses Permitted
1 —All uses permitted in the RL1
listrict (See Section 4);
2 —.Two -family dwellings;.
(b) Building- height Limit
Two (2) stories and. not to ex-
:eed thirty -five (35) feet, except
as provided in Section 10.
(c) Building -site Area Required
Except in the case of existing
recorded lots having a smaller area
as provided in Sections 10 and 11,
the minimum building -site area
shall be four thousand - (4,000)
square feet, but in no case shall a
one or two - family dwelling be per-.
rr fitted which provides less: than
one thousand (1,000) square feet
of land area per family or house.
keeping unit.
(d) Front Yard Required
Except as provided in Section
10, no building shall be erecte,i
closer than ten (10) feet to the
front property line of the building
Fite.
(e) Side Yard Requireo
Except as provided in Sections
10 and 11, each side yard shall)
have a minimum width of three
(3) feet.
(f) Rear Yard Required
Except as provided in Section
10, no building shall be erected
closer than ten (10) feet to the
rear property line of the building
site.
(g) Distance Between Dwellings
on Same Lot
No dwelling or other main build-
ing shall be closer than fifteen
(15) feet to any other dwelling or
(main building on the same build-
ing site, and no detached accessory
building shall be closer than five
(5) feet to any main building ex-
tent as provided in Section 10.
SECTION 6: R -3 (Multiple Fate -•
ily) Residence Dlsi#
tr)ct Regulations
(a) Uses Permitted
1 —All uses permitted in the R -1
and R -2 districts. (See Sections 4
and 5);
2— Bungalow courts, dwelling
groups, multiple- family dwellings;
and apartment houses;
3-- Boarding and lodging houses;
4— Lodges, fraternities and sor-
orities;
5— Eleemosynary institutions;
6—The following uses, subject
to •he issuance of conditional per-
mits therefor as provided in Sec-
tion 11:
(a) Apartment hotels;
(b) Storage, garages.
(b) Building- height Limit
Tro (. ".1 stoidel( -and not to etc
teed thirty . flve. -(SW, feet, 'exedA
(c) .Buliding -site Area Required' 1
Except in the case of existing .
recorded lots having a smaller
area as provided - in Sections -10
' and 11, the minimum building -site i�
area shalt be four thousand (4,000)
square feet, and in no case aha11
a two- family dwelling or apart-
ment house be permitted which
(provides less than six hundred)
{(600) square feet of land area per
I family or housekeeping unit.
I (d) Front Yard Required
Same as R -2 District. f See Sec -
tion 5). 1
i(e) Side Yards Required _
Except as provided in Sections
I10 and 11, side yards not less than
than three (3) feet wide shall be
provided for all dwellings or other
main buildings.
(f) Rear Yard Required
Same as the R -2 District .(See
Section 5).
(g) Distance between Dwellings
on; Same 'Lot -
+' No dwelling or other main build-
( ing shall be closer than tea' (10)
feet to any other dwelling or main
building on the same building site,
and no detached accessory build-
ing shall be closer than five (5)
feet to any dwelling or main build-'
ing except as provided in Sortinn
10.
SECTION Tc C -t (Local) Busi-
ness District Regu-
lations
(a) Uses Permitted
1 —All uses permitted in the R -1,
-R -2 and R -3 districts;
2 —Any retail business . or com-
mercial advertising structure in-
cluding offices; banks; boat sales
and rentals; theatres; studios; ho-
tels; beauty parlors; pool moms;
Job printing; photograph galleries;
dressmaking, millinery, shoe re-
pair, upholstering or tailor shop;
barber shop; automobile and /or
marine service station, provided
no gasoline or Class "A" petroleum
products in excess of a total of
five thousand (5,000) gallons and
ifive thousand (5,000) gallons of
other petroleum products per 2500
square feet of lot area are stored,
and provided further that not more
than a total of ten thousand (10,-
000) gallons of each of the above
-lasses of petro'.eurn products per
block shall be stored upon prop-
erty fronting upon or located
within 100 feet of the waters of
.1%ewport Bay; automobile or boat
display room; parking lot or stor
age garage; business college;
,odge hall; utility office, exchange
or sub- station; and police and fire
stations;
3 —Any other retail business or
retail commercial enterprise which
is similar in character to and in
the judgment of the Planning Com-
mission is not more detrimental to
the welfare of the neighborhood
in which located than any use list-
ed above but not including the fol-
lowing types of uses:
Amusement resorts;
Automobile courts, camps
or trailer camps;
Automobile laundries;
Automobile -race tracks and
motordromes;
Automobile- wrecking yards;
Bakeries;
Beverage bottling;
Boat - building and repair
shops;
Bowling alleys;
Cleaning and dyeing plants;
Fender- and body- repair
shops;
Junk yards;
Laundries;
Lumber yards;
Marine railways or dry -
docks;
Milk bottling and /or dis-
tributing;
Roller - skating rink;
Salvage'yarda;
Sheet -metal shops;
Shooting galleries; j
Storage yard ar warehouse;
Undertaking w mortuary
parlor;
Veterinary hospitals
(b) Building - height Limit
Two (2) stories and not to ex-
ceed thirty -five (35) feet, except
as provided in Section 30.
(c) Building -sits Area Required
I Except as provided in Sections
' 10 and 11,. the minimum building -
site area for dwellings shall be
four thousand (4,000) square feet.
(d) Front Yard Requlred
None, except as provided in Sec -
tion 10.
(e) Side Yards Raqulaed.
None except that buildings used
solely for dwelling purposes shall
not be closer than three (3) feet
to the side linese of the lot and
also except as provided. in Sections
10 and 11. '.
(f) Rear Yard Required
Except as provided in Sections
10 and 11, the depth of the rear
yard shall not be law than ten (10)
feet.
SECTION 8: " (General) But District Regu-
lations.
(a) Uses Permitted-
1 —Ali uses permitted in the R -1,
R -2, R -3 and C -1 districts;
. 2- -Any business of a retail or
wholesale type and any light
manufacturing using only electric
power, not in excess of an aggre-
gate of five (5) horsepower, but
not including the following uses:
Automobile. wrecking;
Beverage manufacturing or
Uottling;:
Carpet - cleaning plants;
Cleaning and dyeing plants;
Fender and body repair
shops;
Ice and cold - storage plants;
Laundries;
Lumber y ds;
Milk4wttling plants;
Salvage yards;
Sheet -metal shops;
- — ehcetirg -6 Ierics_ - —
Storage of gasoline or Class
"A" petroleum products in ex-
cess of a total of five thous-
and (5,000) gallons and five
thousand (5,000) gallons " of
other petroleum products per
2500 square feet of lot area
are stored, and provided fur -
ther that not more than a
total of ten thousand (10,000)
gallons of each of the above
classes of petroleum products
per block shall be stored upon
property fronting- upon or lo-
cated within 100 feet of the
waters of Newport Bay.
(b) Building - height Limit
Except as provided in Section
10, the maximum building height
shall not exceed the width of the
street or the widest street upon
Irwhich the building faces, except,
l however, that towers or portions
of any building may exceed the
above maximum - height limit pro-
vided the total- cubag8 of the build-
ing does not 'exceed that of a
structure occupying the entire
building site and of the maximum
allowable height.
(c) Building -site Area Required
Same as the C -1 District .(See
Section 7).
(d) Side Yards Required
Same as the C4 District. (See
Section 7).
(e) Rear Yard Required
Same as the C -1 District= (See
Section 7).
SECTION 9: M -1 Industrial Dis-
trict Regulations
(al Uses Permitted
l —All uses permitted in the R -1,
R -2, R -3, C-1 and C -2 districts;
2 - -Any other use except the fol-
lowing:
Abattoirs;
Asphalt - mixing, - refining
and - storage plants;
Bag manufacturing and
cleaning;
Blast furnace:
Boiler works;
Breweries;
Coke ovens;
Cooperage works;
Cordage mills;
L
Crude oil handling and /or
trans- shipping.
Distillation of coal, wood or
bones;
Distillation of liquor or
spirits; ..
Fat rendering;
Fertilizer works;
Fish curing and grinding;
Fish canneries and /or - re-
duction plants;
Foundries;
Fur or hide curing and
tanning;
Incinerator, commercial;
Manufacturlpg, of:........
Acids,
Aluminum,
Ammonia,
Ammunition,
Aniline dye,
Asbestos products,
Asphalt,
Bleaching powder,
Cans,
Caouthchouc products,
Carborundum products,
Casein products,
Celluloid,
Cement,
Chalk,
Charcoal,
Cheese,
Chemicals,
Cottonseed oil,
Disinfectants,
Felt,
Fertilizer,
Fireworks,
Graphite,
Grease and tallow,
Gunpowder,
Gutta percha.
Gypsum,
Hides,
Kalsomine,
Lampblack,
Lard,
Linseed oil,
Malt products,
Matches,
Oilcloth,
Oleomargarine,
Ordnance,
Oxygen gas,
Paint and lacquer,
Paper and paper pulp,
Pickles,
Plaster of Paris,.
Potash,
Printing ink,
Pumice,
Rope,
Rubber,
Salt,
Sauerkraut,
Sausage,
Shellac and varnish,
Shoddy,
Size and glue,
Snuff,
Soap,
Soda and washing com-
pound,
Soda ash,
Stove polish,
Tar,
Tar paper,
Tar products,
Tires,
Turpentine,
Vinegar,
Waste -paper products,
White lead,
Wood pulp,
Yeast,
Zinc products;
Oil drilling;
Oil refining;
Rock crushing;
Rolling mills;
Shell grinding;
Smelters;
Stock yards;
Wool scouring and, pulling;
(b) Building- height Limit
Same as the C-2 District. (See
Section 8).
(c) Building Site Required
Except as provided in Sections
10 and 11— the minimum building,
'site for dwellings shall be four
thousand (4,000) square feet.
(d) Front Yard Required
Same as the C -1 District. (See
Section 7).
(e) Side Yards Required
Same as the C -1. District- fSee
Section 7).
(f) Rear Yard Required
Same as the C -1 District. (Sce
Section 7).
SECTION 10: General Provisions
and Exceptions ..
The foregoing, regulations shall
be subject to the, following excep-
tions: -
(a) Uses
The following accessory uses, in
addition to those hereinbefore men-
tioned, shall be permitted in any
district, provided that such acces-
sory uses do not alter the char -
scter of the premises in respect to
their use for the purpose permitted
in such respective districts:
1 —The renting of rooms and /or
the providing of table board for
not to exceed five (5) paying
guests in a dwelling as an acces-
sory use to that of its occupancy
as a dwelling of the character per -
mitted in the respective districts;
2 - -The operation of necessary
facilities and equipment in con-
nection with schools, colleges, uni-
vereities, hospitals and other in-
stitutions permitted in the respec-
tive districts;
3 —News and refreshment stands
in connection with inter -urban
passenger stations;
4— Recreation, refreshment and
service buildings in public parka,
playgrounds and golf, courses;
5 —Real- estate offices of a tem-
porary character when built ac-
cording to plans and: in -locations
approved by the Planning Com-
mission.
(b) Height
1— Towers, gables, spires, pent-
houses, scenery. lofts, cupolas,
water tanks;-silos, artificial wind-
breaks, wind mills and similar
structures and necessary mechan-
ical appurtenances may be built
and used to a greater height than
the limit established for the dis-
trict in which such structures are
located, provided, . however, that
no structure in excess of the allow-
able building height shall be used
for Sleeping or, eating quarters or
for any commercial purpose other
than such as may be incidental to
the permitted uses of the main
building;
2 —Where the average slope of a
lot is greater than one (1) foot
rise or fall in seven (T) feet of
distance from the established
street elevation of the property
line, an additional Story will be
permitted on the downhill side of
any building.
(o) Area Exceptions
1—ay R -1 (Single - Family)
Residence District any lot having
an area lea" than five thousand
(5,000) square feet of record or
for which a valid contract of sale
i" in force at the time of passage
of this ordinance or which is
shown upon any subdivision map
approved for record by the City
Council may be used as a building
site for one single-family dwell-
ing and will be subject to only the
following yard regulations:
(a) E x c e p t as provided
herein, the minimum front
yard shall be ten (10) feet;
(b) The minimum side yard
shall be three (3) feet;
(c) The minimum rear yard
shall be ten (I0) feet.
2 —Any .lot shown -upon an of-
ficial subdivision map duly ap-
proved and recorded or any lot
for which. a deed is of record in
the office of the County Recorder
of Orange County or any tot. for
which - a valid contract of "ale is
is full force and effect at the time
this ordinance becomes effective
may be used as a building site;
3 —Front yard regulations as es-
tablished by this ordinance shall
not be effective in the following
cases:
(a) On any street where a
building set -back line has been
established by ordinance or by
deed restrictions, or
(b) where five (5) or more
existing dwellings on one side
of a street In the same block
have in fact established a
building line.
In the latter case the front yard
shall be computed as the average
set -back of such existing dwell-
ings.
4 —In computing the depth of a
rear yard from _any building where
such yard opens on a street, alley,
public parkor beach, one -half (s/a)
I of the width of such street, alley,
park or beach may be deemed to be
a portion of the rear yard;
5 —A detached accessory build-
ing not exceeding one (1) story In
height may occupy not more than
1two - thirds (2/3) of the area of a
rear yard•
ii-Where an accessory - building
is attached to and made a part of
the main building, at least fifty
per cent (50 %) in the length of
one of the walls of such accessory
building Shall be an integral part
of the main building and such ac-
cessory building shall comply in
all respects with the requirements
of this ordinance applicable to a
main building. An accessory
building, unless attached to and
made a. part of the main building
as above provided for, Shall be not
closer than five (5) feet to the
main building.
7— Detached accessory buildings
in Districts R -1, R -2 and R -3 shall
conform to the following regula-
tions as to their location upon the
lot, provided, however, that where
the slope of the front half of the
lot {e greeter- thaa,'me
rise or fall in a seven (7) foot run
from the established street eleva-
tion at the property line, or where
the elevation of the front half of
the lot is more than four (4) feet
above or below the established
!I street elevation at the property
line, a private .garage maybe built
to the street and sid'z lines;
3 —In the case iof a corner lot
abutting upon two streets, ro ac-
cessory building shall be erected;
altered or moved so as to en-
croach upon the front half (y2) of
such lot;
9-- Porches, terraces and outside
staiiways, unroofed and un- enclos-
ed above or below floor or steps
shall not project more than three
(3) feet into any rear or side yard.
SECTION 11: Variances and Con-
ditional Permits
The City Council, after receipt
of a report and the recommends-
, tion of the Planning ConLntission
in each case, as hereinafter pro-
vided, shall have the power to
grant adjustment and variances in
the application of provisions of
this ordinance and to authorize
the issusuee of conditional permits
for the following purposes:
1 —To authorize under such con-
ditions as the Planning Commis-
sion may prescribe the issuance of
permits for the use of lots in any
aubdivision pending the amend-
ment of district boundaries within
Said subdivision in accordance
with recommendation of the Plan-
ning Commission, provided the
map of such subdivision has been
approved by the Planning Commis -
j Sion and the City Council subse-
quent to the passage of this ordin-
ance and is duly recorded in the
l office of the County Recorder of
county;
ounty;
2 —To allow a reduction of lot -
area requirements and front -, side -
and rear -yard regulations where in
the judgment of the Planning Com-
mission the shape of the building,
site, topography, the location of 1
existing buildings or other condi-
tions make a strict compliance,
with said regulations impossible
without practical difficulty or
hardship, but in no case except as
hereinafter provided shall these
regulations be reduced more than
fifty (50) per cent or in such a
manner as to violate the intent and
purpose of this ordinance;
3 —TO adjust front -yard require-
ments on existing streets or ways
less than thirty (30) feet in width I
where, in the judgment of the
Planning Commission, such streets
or ways are of minor importance
for traffic purposes;
4—To allow the extension of a.
district where the boundary line
thereof divides a lot in one owner- I
ship at the time of the passage of
this ordinance;
5—To allow specified types of
uses and buildings in the R -1, R -2
and R -3 Districts as provided in
the use regulations of such dis- I
tricts under conditions which will!
preserve the integrity and char-
acter of the district, the utility and
value of adjacent property and they
general welfare of the neighbor-
hood, such conditions being speci-
fied as follows:
Public - utility buildings a n d
structures, upon condition that plot
and exterior building plans be ap-
proved by the Plaao'ng Commis-
sion;
Cemeteries, mausoleums a n d
crematories, upon condition that
(1) the area of any cemetery be
not less than twenty (20) acres
and (2) that all landscape and
architectural plans be approved by
the Planning Commission;
Churches, museums and librar-
ies, upon condition that the loca-
tion and plans for the exterior
treatment and ground lay -out
thereof be submitted to and ap-
proved by the Planning Commis-
sion;
Schools, colleges, public play-
grounds and athletic fields, upon
condition that (1) an area ade-'
quate in the judgment of the Plan-
ning Commission, be provided to
reduce possibility of injury to ad-
joining residential properties and
(2) building and plot plans be ap-
proved by the Planning Commle-
sion;
Real Estate Offices, upon condi-
tion that (1) an agreement to re-
move same within a specified
time be signed by the company --
agent, and (2) building plans be
approved by the Planning Com-
mission;
High - voltage power - transmission
lines, upon condition that the lo-
cation plans be approved by the
Planning Commission before tha
purchase of rights -of. way;
Apartment hotels, upon condi- t
tion that (1) the area covered by l(
buildings shall not exceed forty t
(40) per cent of the area of the
building site, (2) accessory com-
mercial uses shall have no direct t
entrances from any street and i l
shall maintain no signs or adver-
tising displays of any kind visible
from the exterior and (3) all
building and plot plans shall be ap-
proved by the Planning Commis-
sion;
Storage garages, upon condition
that the locat!oa and building
plans be approved by the Planning
Commission.
6 —To permit the reconstruction
and /or remodeling of a non- con -
forming buildi in accordance;,
with plans and specifications ap-
proved by the Planning Cornmz-
sion where in the judgment of said;
Commission such icconstruction
and /or remodeling will, ir. '_he mat-
ter of front, side - and rear yards,
structural character and exterior
appearance of said building, make l
,_ ._- °o °loCW1nG bv1 -din! aefrt
,%o and more healthM and bring it
and its subsequent uses into fair -'
er conformity with its surround -,
ings. )
- Application for any permissible
variance of regL:lations or for any
conditional permit" as provided for
herein shall be made to the Plan- t
ning Commission in the foul of a
written application for a permit.
said application shall be accompan-
ied by:
1— Complete plans and descrip-
tion of the property involved and
the proposed use with ground
plans and elevations of all pro-
posed buildings;
2— Evidence, satisfactory to the
Planning Commission, of the abil-
ity and intention of the applicant
to proceed with actual construc-
tion work in accordance with said'
Plane within six (6) months after)
issuance of permit.
Upon receipt in proper form of
any such application, the Planning
Commission shall post said appli-
cation and all maps, plans and
other accompanying material in
its offices for public inspection for
a period of not less than one (1)
week and shall hold a public hear-
ing thereon ,notice of which shall
be given by one (1) publication in
a legal newspaper circulating in
the particular section-of the city
affected by said application. At
said hearing the applicant shall
present a statement and adequate
evidence, in such form as the Plan-
ning Commission may require,
showing;
1 —That there are special cir-
cumstances or conditions appli-
cable to the property referred to in
the application;
2 —That the granting of the ap-
plication is necessary for the pre -
aervation and enjoyment of sub -
atantial property rights;
3 —That the granting of such
application will not materially af-
fect the health or safety of per-
sons residing or working in the
neighborhood and will not be ma-
terially detrimental to the public
i _. _. .__u_._ ____ 1
r-
welfare or Injurious to property or
Improvements in the neighborhood.
If the Planning Commission
finds that dztriment or injury to
the neighborhood will not result
from issuance of a permit as ap-
plied for, it may approve said per -
mit and transmit the same, to-
gether with the complete report of
its findings and recommendations,
to the City Council for approval
and endorsement. In the event the
Planning Commission disapproves
any such application, no permit
shall be issued therefor except up-
on order of the City Council pass-
ed by a full affirmative vote of
all members thereof. In approving
any variance or recommending the
issuance of any conditional per-
mit under the provisions of this
section, the Planning Commission
shall designate such conditions in
connection therewith as will, in its
cpinion, secure suuscantially the
objectives of the regulation or pro-
vision to which such variance Is
granted or provide adequately for
the maintenance of the integrity
and character of the district in
which such conditional permit is
granted and shall provide the
Building Inspector with a copy of
same.
Where necessary, the City Coun-
cil may require guarantees, in
such form as it may deem proper
under the circumstances, to insure
teat the conditions designated in
connection therewith are being or
will be complied with. The Plan -
ning Commission is authorized to
make a uniform charge not to ex-
�,ceed ten dollars ($10.00) payable
to the City Clerk, to partially cov-
er the cost of making maps, scnd-
ing out notices and other inci-
dental administrative expenses in-
volved in any petition for a var-
lance or conditional permit, said
charge being due and payable at
the time of filing the application
for permit.
SECTION 12: Non - Conforming
Uses
The lawful use of land existing
at the time of the passage of this
ordinance, although such use does
not conform to the provisions
ihereof, may be continued, but if
such non - conforming use is dis-
continued any future use of said
land shall be in conformity with
the provisions of this ordinance.
The lawful use of a building ex -'
isting at the time of the passage
of this ordinance may be continu-
ed, although such use does not
conform with the provisions here-
of, and such use may be extended
throughout the building provided
no structural alterations, except
those required by law or ordinance
or permitted under Section 11 of
this ordinance, are made therein.
If no structural alterations are
made, a non - conforming use of a
building may be changed to an-
other non- conforming use of the
same or more restricted classifi-
cation.
If at any time any building
which does not conform to the
regulations for the district in
which it is located shall be des-
troyed by fire, explosion, Ant of
God or act of the public enemy
to the extent of more than seven-
. ty -five (75) per cent of the assess -
ed value thereof, according to the
a_sessricnt thereof by the said
Ps: easor for the fiscal year during
which such destruction occurs,
Lien and without further action
by the City Council the said build -
ing and the land on which said
building was located or maintain-
ed shall from and after the date
of such destruction be subject to
'I all the regulations specified by
,I this ordinance for the district in
which such lend and building are
located.
The foregoing provisions shall
also apply to non - conforming uses
in districts hereafter changed.
In every case in which, under
the provisions of any ordinance of
the City of Newport Beach or any
statute in effect at the time this
ordinance takes effect, a license
or permit is required for the main-
tenance of any structure or the es-
tablishing, maintaining and /or
conducting of any business use,
and any structure or business use
exists as a non - conforming use
under the provisions of this or-
dinance, then no such license or
permit shall be authorized, issued,
renewed, re- issued or extended for
said business use unless and until
a use and occupancy permit shall
first have been secured for the
continued maintenance of said
structure or use.
SECTION 13: Interpretation,
Purpose and
Conflict
In interpreting and applying the
provisions of this ordinance, they
shall be held to be the minimum
requirements for the promotion of
the public safety, health, conven-
ience, comfort, prosperity or gen-
eral welfare. It is not intended by
this ordinance to interfere with or
abrogate or annul any easements,
covenants or other agreements be-
tween parties, provided, however,
that where this ordinance Imposes
Is greater restriction upon the use
of buildings or premises or upon
height of buildings or requires
larger space than is imposed or
required by other ordinances, rules
or regulations or by easements,
covenants or agreements, the pro-
'visions of this ordinance shall gov-
ern.
SECTION 14: Building Permits
Before commencing any work
pertaining to the erection, con-
struction, reconstruction, moving,
conversion, alteration or addition
to any building or structure with-
. in any district shown upon the dis-
i
trict map of the City of Newport
Beach duly adopted and made a
part of this ordinance, a permit
for each separate building and /or
structure shall be secured from the
Building Inspector of said City of
Newport Beach by the owner or
his agent for said work, and it
shall be unlawful to commence
said work until and unless said
permit shall have been obtained.
The issuance of a building per-
mit under the authority of this
and /or any other ordinance of the
City shall not be deemed or con -
strued to permit or authorize any
violation of any of the provisions
of this ordinance or amendments
thereto or of any other ordinance
or law.
SECTION 15: Certificates of Use
and Occupancy
No vacant land in any district
established under the provisions of
this ordinance shall hereafter be
occupied or used, except for agri-
cultural uses other than live -stock
.farming or dairying, and no
building hereafter erected, struc-
turally altered or moved in any
such district shall be occupied or
used until a certificate of use and
loccupancy shall have been issued
therefor by the City Building In-
spector.
Application for a certificate of
use and occupancy for a new
building or for an existing build-
ing which has been altered or mov-
ed shall be made at the same time
as the application for a building
permit. Said certificate shall be is-
sued within three (3) days after
a written request for the same
shall have been made to the said
Building Inspector after the erec-
tion, alteration or moving of such
building or part thereof shall have
been completed in conformity with
li the provisions of this ordinance.
Pending the issuance of such a
certificate, a temporary certificate
of use and occupancy may be is-
sued by the said Building Inspec-
tor for a period of not exceeding
six (6) months during the com-
pletion of alterations or during !
partial occupancy or use of a
building pending its completion.
Such temporary certificate shall
not be construed as in any way
altering the respective rights,
duties or obligations of the own-
ers or of the City relating to the
use or occupancy of the premises
or-any other matter covered by
this ordinance, and such tempor-
ary certificate shall not be issued
except under such restrictions and
Provisions as will adequately in-
sure the safety of the occupants.
Written application for, a certif-
icate of use and occupancy for the
use of vacant land or for a change
in the Character of the use of
land, as herein provided, shall be
made before any such land shall
be so occupied or used, except for
agricultural purposes other than
live -stock farming or dairying.
Such a certificate of use and oc-
cupancy shall be leaned within
three (3) days after the applica-
tion therefor has been made, pro-
vided such use is in conformity
with the provisions of this ordin-
ance.
Every certificate of use and oc-
cupancy shall state that the build-
ing or proposed use of building or
land complies with all provisions
of law and of this ordinance. A
record of all certificates of use
end occupancy shall be kept on
file in the office of the said Build -
Ing Inspector and copies shall be
furnished on request to any person
having a proprietary or tenancy in-
terest in the building or land af-
fected. No fee shall be charged for
a certificate of use and occupancy.
No permit for excavation for
any building shall be 1ssum be-
fore application has been made for
a certificate of use and occupancy.
SECTION 10: Plans
All applications for building per-
mits shall be accompanied by a
drawing or a plot plan made to
scale, showing the lot and the
building site or sites, the proposed
location of the building or build -
tngs on the lot, accurate dimen-
sions of building and lot and such
other information as may be nec-
essary to provide for the enforce-
ment of this ordinance.
SECTION 17: Approval of Plans
Before any building which is de-
signed or intended to be used for
commercial purposes is erected,
constructed, altered or moved
within a C -1 or C -2 District upon
property abutting any Primary or
Secondary State Highway, major
traffic thoroughfare, or Class -A
county road as shown upon any
Official Highway Plan of the City
or County, drawings or sketches
showing the exterior elevations of
the proposed building or structure,
the types of materials and colors
to be used and signs to be dis-
played shall be filed with the Plan-
ning Commission and shall be ap-
proved by said Planning Commis-
sion or Its designated agent before
any permit for the construction of
said building shall be issued.
The Planning Commission may
designate the City Building In-
spector as its agent to receive and
approve said plans in behalf of
said Commission when in his
judgment the plans conform to the
general architectural requirements
established for the district in
which the building is to be located.
The Building Inspector shall act
upon all such plans within thirty
(30) days after their receipt, and
failure to notify the applicant of
disapproval of said plans within
such period, unless the applicant
consents to an extension of time,
shall constitute approval of the
plane in so far as this section of
this ordinance is concerned.
For the guidance of the Buildtag
Inspector in passing upon all plans
submitted in compliance with this
section, the Planning Commission
shall by resolution duly recorded
in its minutes adopt certain gen-
eral rules and specifications and
such illustrative architectural
drawings showing desirable stand-
ards and types of design, mater-
ials, colors and styles of signs and
lettering as will provide a basis
and guide for the approval of plans
for proposed buildings in each C -1
and C -2 district. The Planning
Commission shall appoint and des -
Ignate one of its members as chair-
man of an unofficial architectural
advisory committee of three (S),
two of whom shall be registered
architects, to cooperate with the
Building Inspector and to serve
with him in behalf of the Planning
Commission in passing upon archi-
tectural plans filed as required
In reviewing and judging such
plans, the Building Inspector shall
give primary consideration to the
general rules, specifications and
official illustrative material des-
ignated by the Planning Commis-
sion as controlling with respect
to the particular district in which
the proposed building is to be
erected, constructed, altered or
moved. If the Building Inspector
acting as agent of the Planning
Commission and after comultation
with the architectural advisory
committee disapproves any plan,
he shall immediately file said plans
and a statement of his reasons for
disapproval with the secretary of
the Planning Commission. The
Planning Commission, not later
than its first regular meeting
thereafter, shall either approve
said plans or any revision thereof
and direct the Building Inspector
to issue a permit for the building
in question or disapprove the plans.
In case of final disapproval by
the Planning Commission of any
plans submitted in compliance with
this section, copies of the plans
with the findings of the Planning
Commission and reasons for their
disapproval attached shall be filed
immediately with the Clerk of the
City Council, and said City Council
at its next regular meeting shall
either approve said plans and or-
der the issuance of a permit for
the building in question or return
the plans to the applicant with a
statement indicating the reasons
for disapproval.
SECTION 18: Completion of
Building
Nothing herein contained shall)
require any change in the plans,
construction or designated use of
a building for which a building
permit has heretofore been Issued
and upon which actual construe -,
tion has begun.
Actual construction is hereby
defined to be the actual placing of
construction materials in their
permanent position fastened in a
permanent manner, except that
where a basement is being exca-
vating shall be deemed to be ac -'
tual construction, or where demo -,
lition or removal of an existing!
building has been begun prepara- 1
tory to rebuilding such demolition i
or removal shall be deemed to be
actual construction, provided in
all cases that actual construction
work be diligently carried on until!
the completion of the building.
SECTION 19: Amendments and
Changes o f Dis-
trict Boundaries.
The City Council of the City of
Newport Beach may from time to
time, after report thereupon by j
the Planning Commission and af-
ter public hearings as required by
law, amend, suplement or change I
the regulations and districts here -
Ina im%segoently. xat&kZthed. -An'
amendment, supplement or change'
may be initiated by the City
p Council, by the Planning Commis-
sion or by petition of the property
owners.
Whenever the owner of any
land or building desires i reclassi-
fication of his property, he shall
present to the City Council a peti-
tion duly signed and acknowledged I
by him requesting an amendment, I
supplement or change of the re- I
gulations prescribed for such pro
perty. The City Council shall re-
fer the petition to the Plgnningl
Commission for such hearings as
may be required by law for a-
mendments, extensions or addi-
tions to the districting plan, for
recommendations upon the bound-
' aries of the district to be changed
and such other matters as may be
related to said petition and shall )
take final action upon said peti.I
tion within ninety (90) days after)
the filing thereof.
The City Council, after receipt
of report and recommendation
from the Planning Commission,
shall hold a final hearing there-;
uponp duly advertised as required,
by law. If at the time of the final
hearing before the City Council a
protest against such amendment,
supplement or change is presented
duly signed and acknowledged by
the owners of twenty (20) per
cent or more of the area for which
a change of classification is re-
quested or proposed, or by the
owners of twenty (20) per cent of
all dwellings within three hundred
(300) feet thereof, or by the own-
ers of twenty (20) per cent of all
land adjacent thereto and within
three hundred (300) feet thereof,
no such amendment, change or
supplement shall be adopted ex-
cept by a four - fifths (4/5) vote of
the full membership of the City
Council.
The Planning Commission is
authorized to make a uniform
charge not to exceed tea dollars
($10.00), payable to the City
Clerk, to partially cover the coat
of making maps, sending out no-
tices and other incidental ad-
ministrative expenses involved in
any petition for a change in these
regulations, said charge being due
and payable at the time of filing
any petition or request for change.
SECTION 20: Enforcement, Legal
Procedure, Penal-
ties
It shall be the duty of the City
Building Inspector to enforce the
provisions of this ordinance per-
taining to the erection, construc-
tion, reconstruction, moving, con-
version, alteration or addition to
any building or structure.
It shall be the duty of the Police
Department of the City of New-
port Beach and of all officers of
said City otherwise charged with
the enforcement of the law to en-
force this ordinance and all the
provisions of the same.
Any person, firm or corporation,
whether as principal, agent, em-
ployee, or otherwise, violating any
provialotis of this ordinance shall
be guilty or a misdemeanor and,
upon conviction thereof, shall be
punishable by a fine of not more
than five hundred dollars
( ;500.00) or by imprisonment in
the City Jail for a term not ex-
ceeding six (6) months or by both
such fine and imprisonment. Such
person, firm or corporation shall
be deemed guilty of a seperate
offense for each and every day
during any portion of which any
violation of this ordinance is com-
mitted, continued or permitted by
such person, firm or corporation
and shall be punishable as herein
provided.
Any building set up, erected,
built, moved or maintained and /or
any use of property contrary to
the provisions of this ordinance
shall be and the same is hereby
declared to be unlawful and a pub-
lic nuisance, and the City Attorney
shall, upon order of the City Coun-
cil, immediately commence action
or actions, proceeding or proceed -
ings, for the abatement, removal
and 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 abate and re-
move such building or use and re+
strain and enjoin any person, firm
or Corporation from setting up,
erecting, building, moving or
maintaining any such building or
using any property contrary to
the provisions of this ordinance.
All remedies provided for here-
, �m shall be cuMUlatiVo and npt ex%
elusive.
SECTION 21: Sale of Copies
Copies ofmaps, charts, plats and
other descriptive matter regarding
the Master Plan as made and pro-
{ vided for in this ordinance may
{, be sold by the Planning Commie-
! lion of said City at the uniform
charge of one dollar ($1.00) per
.I copy, and all moneys received
therefrom shall be paid into the
I City Treasury as provided by law.
. iSECTION 22: Repealing
All ordinances of the City of
.I Newport Beach inconsistent here-
, with, to the extent of such incon-
sistency and no further, are here -
'by repealed.
SECTION 23: Enactment
This ordinance shall take effect
thirty (30) days from and after
Iits adoption and, prior to fifteen
(1.5) days from the adoption there -
of, shall be published for at least
one (1) week in NEWPORT
'NEWS, a newspaper published in
the City of Newport Beach, State
li of California, together with the
names of the members of the City
i Council voting for and against the
Jasu a __ _
The above and foregoing Or,
dinance was introduced at a regu-
lar adjourned meeting of the City
Council of the City of Newport
Beach held on the 30th day of De-
cember, 1935, and was finally pass-
ed and adopted on the 6th day of
January, 1936, by the City Council
tat a regular meeting thereof, by
Ithe following vote, to -wit:
AYES, COUNCILMEN: Gordon,
!Claire, Ellsworth, Garfield, Hil-
mer.
iNOES, COUNCILMEN: None.
A B S E N T, COUNCILMEN
None.
ATTEST:
FRANK L. RINEHART,
City Clerk
The above and foregoing Ordi-
nance is signed and approved by
me this 6th day of January, 1936.
HERMANN HILMER,
Mayor of the City of Newport
Beach.
�
k
!y
\� /
�
�
6�
�-
�
k