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HomeMy WebLinkAbout1753 - Regulating Signsr ORDINANCE NO. 1753 AN ORDINANCE OF THE CITY OF NEWPORT BEACH • ADDING CHAPTER 20.06 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CONTROL AND REGULATION OF SIGNS, AND DELETING AND AMENDING CERTAIN SECTIONS OF TITLE 20 RELATING TO SIGNS • • The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.06 is hereby added to the Newport Beach Municipal Code to read as follows: Car +innc 20.06.010 20.06.020 20.06.030 20.06.040 20.06.050 20.06.060 20.06.070 20.06.080 20.06.090 20.06.100 20.06.110 "CHAPTER 20.06 SIGN ORDINANCE Effect of Chapter. Intent and Purpose. Definitions. General Provisions. Permitted Signs. Offsite Signs. Design Criteria. Temporary Signs. Exceptions. Modifications. Nonconforming Signs. 20.06.010 Effect of Chapter The following regulations shall apply to all zoning districts, except the Planned Community District in which the Planned Community Development Standards for signs shall apply. In addition to the regulations of this Chapter, the provisions of Chapter 15.16 relating to building codes, sign permits, fees, penalties and a method of enforcement shall apply. Where a use permit, variance, modification or site plan review procedure has been used; any applicable conditions of that approval shall supersede this Chapter. r • • 20.06.020 Intent and Purpose. The purpose of this Chapter is to provide minimum standards to safeguard life, health, property and the public welfare, and to provide the means for adequate identification and adver- tisement of businesses by regulating and controlling the design, location, and maintenance of all signs and sign structures in the City. 20.06.030 Definitions. The following terms used in this ordinance shall have the meanings indicated below: BUILDING LINE. The term "Building Line" shall mean the setback line established by ordinance beyond which no building may extend. A building line may be a property line. COMBINATION SIGN. The term "Combination Sign" shall mean any sign incorporating any combination of the features of ground, projecting and roof signs. Each portion of a sign which is subject to more than one classification shall meet the requirements for the classification to which such portion is subject. DISPLAY SURFACE. The term "Display Surface" shall mean the area made available by the sign structure for the purpose of displaying the advertising message. ELECTRICAL SIGN. The term "Electrical Sign" shall mean any sign illuminated by electric lighting devices which are fastened to the surface or mounted on the interior of the sign. GROUND SIGN, POLE SIGN. The term "Ground Sign" or "Pole Sign" shall mean any sign which is supported by one or -2- z more uprights, poles or braces in or upon the ground which are not a part of any building or enclosed within the exterior walls of any building and are separated • therefrom by a distance of at least 6 inches. MARQUEE. The term "Marquee" shall mean a permanent roofed structure attached to and supported by a building and projecting over public property MOVING SIGN. The term "Moving Sign" shall mean any advertising structure which has any visibly moving or revolving parts which are more than 2 inches in any diameter, except clocks. NONSTRUCTURAL TRIM. The term "Nonstructural Trim" shall mean the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways which are attached to the sign structure. • PROJECTING SIGN. The term "Projecting Sign" shall mean a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure. PROJECTION. The term "Projection" shall mean the distance by which a sign extends over public property or beyond the building line. ROOF SIGN. The term "Roof Sign" shall mean a sign erected upon or above a roof or a building or structure. SIGN. The term "Sign" shall mean any media, including their structure and component parts which are used or intended to be used out -of -doors to attract attention to the subject matter for advertising, directional or informational purposes. The area of a sign shall mean the space enclosed by the outer dimensions of the sign, or, if there is no border, the area shall be the space enclosed by sets of parallel lines containing the wording or images composing the sign. -3- SIGN STRUCTURE. The term "Sign Structure" shall mean the sign, and the supports, uprights, braces and framework of the sign. • STRUCTURE. The term "Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TEMPORARY SIGN. The term "Temporary Sign" shall mean any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only. WALL SIGN. The "Wall Sign" shall mean any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane • parallel to the plane of the wall. WIND SIGN. The term "Wind Sign" shall mean a series of similar banners or objects of plastic or other light material more than 2 inches in any diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. 20.06.040 General Provisions. A. Any other outdoor signs not expressly permitted in this Chapter are prohibited. B. Uncertainty of Ordinance Provisions. The Planning Commission shall have the authority and duty to interpret • the provisions of this Chapter at the request of the Community Development Director or when a written appeal from a decision of the Community Development Director is filed with the Commission. • 0 C. Compliance Required. No person shall erect, re- erect, construct, enlarge, alter, repair, move, improve, remove, convert, or equip any sign or sign structure, or paint a new wall sign, in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Chapter. D. Proper Maintenance Required. All signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. The display surfaces of all signs shall be kept neatly painted or posted at all times. All signs shall be subject to maintenance provisions as follows: 1. Any location where business goods are no longer sold or produced or where services are no longer provided shall have ninety (90) days to remove any remaining or derelict signs following notification by the City and at the expense of the owner of said property. Where due written notification has been given by the City and compliance has not been met within the required ninety (90) day period, the City may cause the removal of such signs with the cost for such removal to be attached to the property. 2. All signs shall be refinished to remove rust or other corrosion due to the elements and any cracked or broken faces and malfunctioning lamps shall be replaced within ninety (90) days following notification by the City. E. Frontage. Buildings and building sites with multiple frontages shall be permitted signs on each frontage. • 20.06.050 Permitted Signs. A. RESIDENTIAL DISTRICTS. 1. In the R -A, R -1, R -1.5, R -2 and SP -4 (residential) Districts: One name or identification sign not exceeding two (2) square feet in area. -5- 2 2. In the R -3 District: One name or identification sign not exceeding six (6) square feet in area. 3. In the R -4 and C -R Districts: One name or identi- fication sign not exceeding twelve (12) square feet in area. B. COMMERCIAL AND INDUSTRIAL, DISTRICTS. 1. In the A -P and C -N Districts: A maximum of three (3) signs, the combined area not to exceed one hundred (100) square feet. 2. In the C -R District: Signs appurtenant to any use shall be permitted, provided that the total square footage of signs shall not exceed one (1) square foot for each lineal foot of building frontage. 3. In the C -O, C -1, C -2 M -1, M -1 -A, and SP -4 (commercial) Districts: Signs appurtenant to any permitted use. C. AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P -C). Permanent Exterior Signs -- A maximum of seven (7) • permanent signs shall be permitted on any service station site as follows: 1. One double -faced free - standing sign, not exceeding a height of twenty -five (25) feet and an area of thirty -six (36) square feet for each side. 2. Two wall signs to be located on the exterior facades of the building and not exceeding ten (10) square feet each. 3. One sign advertising the price of gas not exceeding eight (8) square feet. The sign shall be of materials in harmony with those utilized in the building. 4. One sign identifying the operator of the premises and address of the building, to be located on the building and not exceeding a total of six (6) square feet. • 5. All small signs advertising products for sale, trading stamps, credit cards and the inspection of pollution Mm C J C. control devices, lamps and brakes, as authorized by the State, shall be clustered into not more than three (3) Sign groupings located on the building face and a total of which shall not exceed twelve (12) square feet in area, exclusive of the additional space required for signs advertising State - authorized services. The sign background shall be of materials in harmony with those utilized in the building. 6. One double -faced sign, in a permanent frame, not exceeding an area of twelve (12) square feet for each side, for promotional purposes, but excluding any reference to price. No rotating, flashing, blinking or signing with animation, flags, banners or other attention - attracting devices shall be permitted on a permanent basis. Attention - attracting devices may be permitted for thirty (30) days, however, when connected with an opening or change in ownership or management of a service station. D. DRIVE -IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT. Signs shall be subject to the following restrictions,: 1. The subject matter of any signs shall be limited to the name of the business and the food products and beverages sold on the premises on which .the signs are located. 2. The total area of all signs on the site shall not exceed two (2) square feet for each linenal foot of property on a street. In the case of corner lots or double frontage lots only one street frontage may be used to determine the maximum allowable sign area. 3. All signs shall be mounted flat against a building and shall be limited in size to fifty (50) square feet each, except that one free standing sign not to exceed one hundred (100) square feet shall be permitted. -7- 20.06.060 Offsite Signs. Offsite signs, including billboards, may be allowed in commercial and industrial districts through an exception permit by the Planning Commission. • 20.06.070 Design Criteria. The signs permitted by Section 20.06.060 are subject to the following additional. limitations. A. General Criteria. The following criteria are applicable to all signs: 1. Traffic Signal Imitations. No person shall place, maintain, or display upon or in view of any highway or, street any unofficial sign, signal or device -or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or (a) The maximum rating of individual incandescent lamps exposed on the surface of any sign shall be 40 watts. (b) The maximum night -time brightness of any sign shall be 15,000 foot lamberts. (c) The maximum brightness of any lamp used to illuminate any sign, as measured from any normal viewing angle, shall be 15,000 foot lamberts. 3. Beams of Light. No person not authorized shall erect or maintain any device which directs a beam of light in a flashing sequence toward any street or highway, nor shall any person erect or maintain any electrical advertising sign or similar device that interferes with the visibility of any official traffic control device or warning signal. • 4. Types Prohibited. The following types of signs are prohibited: (a) Flashing or animated electrical signs. which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. 2. Illuminated Signs. Illuminated signs shall be • provided with illumination as provided in this Section: (a) The maximum rating of individual incandescent lamps exposed on the surface of any sign shall be 40 watts. (b) The maximum night -time brightness of any sign shall be 15,000 foot lamberts. (c) The maximum brightness of any lamp used to illuminate any sign, as measured from any normal viewing angle, shall be 15,000 foot lamberts. 3. Beams of Light. No person not authorized shall erect or maintain any device which directs a beam of light in a flashing sequence toward any street or highway, nor shall any person erect or maintain any electrical advertising sign or similar device that interferes with the visibility of any official traffic control device or warning signal. • 4. Types Prohibited. The following types of signs are prohibited: (a) Flashing or animated electrical signs. G 4 (b) Wind signs. (c) Moving signs. • (d) Any other outdoor sign not expressly permitted in this Chapter. Exceptions. Provided, however, such signs may be permitted if an exception permit is obtained in each case in accordance with the procedure provided in this Chapter. 5. Posting On Public Property Prohibited. No person, except a public officer or employee in performance of a public duty, shall paste, paint, print, nail, tack, place or otherwise fasten any card, banner, handbill, sign, poster, or advertisement or notice of any kind, or cause the same to be done on any curbstone, lamp po. " ,-, pole, hydrant, bridge, wall-or tree upon any public sidewalk, street, or public property, except as may be required or allowed by law, or by City Council approval. • 6. Posting On Street Prohibited. No person shall erect or construct any sign upon any street, except as may be required or allowed by law, or by City Council approval. B. Specific Signs. In addition to the provisions contained in Sections 20.06.050 and 20.06.070A, the following restrictions shall apply to all signs except those governed by Sections 20.06.050C Automobile Service Stations and 20.06.050D, Drive -In and Outdoor Restaurants. 1. General. One (1) perpendicular sign (i.e. roof, pro- jecting, or pole) is permitted per building or building site. One of these perpendicular signs can be used in combination with wall signs as permitted below. 2. Wall Signs. • (a) Projection and Height. No wall sign shall have a projection over public property greater than twenty -four (24) inches, nor extend above any adjacent parapet or roof of the supporting building. MIN • • (b) Area. The area of a wall sign or wall signs on any frontage of a building shall not exceed two hundred (200) square feet nor forty (40) percent of the exposed finished wall surface area, including openings. (c) Number. A maximum of three (3) wall signs shall be permitted.per building, however, a multi- tenant building may have one wall sign per business plus one twenty -five (25) square foot building directory wall sign listing tenants. 3. Projecting Signs. (a) Projection. No sign shall project more than five (5) feet over public property and may not project to within two (2) feet of the curb line. Subject to all limita- tions in this Chapter, the distance any sign may project over public property or beyond the building line is governed by the following table: Distance Above Sidewalk or Grade Immediately Below Sign. Maximum Projection Over Pro- perty Line or Building Line. 81to 101to 12'to 14'to 16'& 10 12 14 16 Up 1' 2' 3' .4' 5' (b) Thickness of Projection. The thickness of any portion of a sign which projects over public property or beyond a building line is governed by the following table: Projection Maximum Thickness 5' 4' 3' 2' 2' 218" 314" 4' (c) Number. Only one projecting sign shall be permitted on a building or building site. (d) Area. Two (2). square feet for each linenal foot of building frontage, not to exceed two hundred (200) square feet. • 4. Roof Signs. Roof signs may be allowed through an exception permit by the Planning Commission only in instances where the location of a business precludes the effective use of a pole sign, ground sign or projecting sign. -10- I (a) Area. To be determined by the Planning Commission, not to exceed two hundred (200) square feet. (b) Height. No taller than building is tall, not • to exceed fifteen(15) feet above main portion of roof. (c) Projection. Subject to the same standards as projecting signs. 5. Ground and Pole Signs. (a) Frontages. Permitted only on building sites with a minimum fifty (50) foot frontage. (b) Area. Not to exceed two hundred (200) square feet. (c) Height. Not to exceed twenty -five (25) feet to top of sign. 6. Signs On Marquees. No projecting signs may be attached • to a marquee. Signs hung from the underside of a marquee shall be clear of the sidewalk by not less than eight (8) feet. Signs may be placed on the outer faces of a marquee if they are made a part thereof and do not exceed the limitation of marquees. Cutout letters may be installed on top of marquees. 7. Special Purpose Signs. Signs used to give direction to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and may be permitted in addition to the other signs listed in this section in instances where necessary for traffic safety reasons. Said signs shall not contain names, logos, or advertising messages. -11- • • C 20.06.080 Temporary Signs. A. Real Estate Si 1. Residential Districts. (a) In the R -A, R -1, R -1.5, R -2, R -3, and C -R Districts: One unlighted sign, not exceeding three (3) square feet in area, to advertise the lease, rental or sale of.the property upon which it is located. Such sign may show only the name, address, and telephone number of the owner, but shall not show the.name, address, telephone number, or any other description or identi- fication of any person, firm or corporation other than the owner of said property. Or, in lieu of the sign mentioned above, one open house sign not exceeding three (3) square feet in area, which invites the general public to inspect the premises for lease, rent or sale, shall be permitted to be displayed, providing that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or agent is in attendance and present on said property to display any such house or building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of such property. (b) 'In the R -4 District: One (1) real estate sign not exceeding twelve (12) square feet in area which advertises the sale, rental, or lease of the premises upon which the sign is located. Such sign may show only the name, address, and tele- phone number of the owner, but shall not show the name, address, telephone number, or any other description or identification of any person, firm or corporation other than the owner of said property. Or, in lieu of the sign mentioned above, one (1) open house sign not exceeding three (3) square feet in area, which invites the general public to inspect the premises for lease, rent or sale, -12- • • • shall be permitted to be displayed, providing that at the time said property is open for inspection and the open house sign is displayed, the owner, his tenant, or agent is in attendance and present on said property to display any such house or building thereon. Said open house sign shall only be displayed on or from the property being leased, rented or sold and shall not show the name, address, telephone number, or any other descrip- tion or identification of any person, firm or corporation other than the owner of such property. (c) In all Districts: The Director of Community Development may approve temporary signs for the first sale of structures and /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map. 2. Commercial and Industrial Districts. Commercial and industrial properties shall be permitted one (1) real estate sign not exceeding twelve (12) square feet in area which advertises the sale, rental or lease of the premises upon which the sign is located. B. Other Temporary Signs. 1. Residential Districts. No temporary signs are permitted in residential districts except the real estate signs in Section 20.06.080 A. 1. 2. Commercial and Industrial Districts. (a) Size. No temporary sign shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty -four (24) square feet in area, or six (6) feet in height. (b) Duration. Temporary signs may remain in place for a period not exceeding sixty (60) days per calendar year. (c) Number. One (1) per building or building site. 3. Cloth Signs. Cloth signs may extend across a public street only by permission of the City Council and shall be subject to all applicable laws and ordinances. 4. For Automobile Service Stations: see Section 20.06.050 C. 5. For Drive -In and Outdoor Restaurants: see Section 20.06.050 -13- 20.06.090 Exceptions. A. The Planning Commission shall have the authority to issue exception permits, under the procedure hereinafter provided, allowing deviations from any of the provisions of this Chapter except: • 1. The limitations on the distance a sign may project over public property. 2. The prohibitions against a sign, signal or device which imitates or resembles an official traffic sign or signal or attempts to direct the movement of traffic or hides from view any official traffis sign or signal. 3. The prohibition against any device which directs a. beam of light.in a flashing sequence toward a street or highway or any electrical sign or device that interferes with the visibility of any official traffic control device or warning signal. B. In order to grant an Exception Permit, the Commission must find that the granting such permit is necessary to protect a • substantial property right, will not be contrary to the purpose of this Chapter as herein set forth, and will not be materially detrimental to the health, safety, comfort or general welfare of persons residing in the neighborhood, or detrimental or ti injurious to property or improvements in the neighborhood, or to the general welfare of the City. C. Appeal. In case the applicant or any other person is not satisfied with the action of the Planning Commission, he may within twenty -one (21) days appeal in writing to the City Council. 20.06.100 Modifications. The Modifications Committee may grant modifications to the height, number and area of signs limited by Section 20.06.050 and Planned Community District Regulations. • 20.06.110 Nonconforming Signs. A. Defined. Signs existing at time of adoption of this Chapter (November 14,1977 which do not comply with the provisions hereof shall be regarded as legal nonconforming signs. -14- B. Repairing and Painting. Such signs may be removed for the purpose of repairing and repainting them, and may be replaced upon obtaining a permit and having the same inspected. Such sign may be removed and replaced under a single permit • if the same is replaced within sixty (60) days of its removal. C. Change of Ownership. Upon change of ownership of the business advertised by any such sign, the new owner may change any name or names on such sign so long as the sign advertises the same type of business and there is no change in the configuration of such sign. D. Remodeling. Any such sign may be removed for the purpose of remodeling a building and replaced within thirty (30) days after the remodeling is completed. Such sign may be removed and replaced under a single permit. E. Alterations. Alterations to such signs may be made only upon obtaining an Exception Permit according to the provisions . of this Chapter. SECTION 2. Section 20.10.015 is amended to read as follows,: "20.10.015 Temporary Structures and Uses. The Director of Community Development may approve temporary tract and sales offices for the first and /or lots in any residential distri time not to exceed one year following the final subdivision map. Extension uses and structures may be authorized Community Development." sale of structures ,-t for a period of the recordation of of time for temporary by the Director of SECTION 3. Section 20.13.015 is amended to read as follows: "20.13.015 Uses Permitted. The following uses shall be permitted in the R- l'District: (a) Single - family dwellings. -15- I • • • (b) One accessory building if constructed simultaneously with or subsequent to the main building and located on the same lot or building site. (c) Accessory uses normally incidental to single - family dwellings. This is not to be construed as permitting any commercial use, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section.20.10.015 of General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06." SECTION 4. Section 20.14.015 is amended to read as follows: "20.14.015 Uses Permitted. The following uses shall be permitted in the R -1.5 District: (a) One single - family dwelling. (b) One duplex. (c) Accessory uses normally incidental to single- family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.1.0.015 of General Controls - Residential Districts. (e) Signs in accordance with Chapter 20.06." -16- n SECTION 5. Section 20.15.015 is amended to read as follows: "20.15.015 Uses Permitted. The following uses • shall be permitted in the R -2 Districts: (a) Single - family dwellings. (b) Two detached single - family dwellings or one duplex. (c) Accessory uses normally incidental to single- family dwellings or duplexes. This is not to be construed as permitting any commercial uses, nor shall this be deemed. to allow the manufacturing or processing of any substance or commodity for profit or the storage of vehicles, equipment or materials used in the conduct of any retail or wholesale business. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. • (e) Signs in accordance with Chapter 20.06." • SECTION 6. Section 20.16.015 is amended to read as follows: "20.16.015 Uses Permitted. The following uses shall be permitted in the R -3 Districts. (a) Single - family dwellings and duplexes. (b) Multiple dwellings, apartment houses and dwelling groups. (c) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (d) Signs in accordance with Chapter 20.06." -17- SECTION 7. Section 20.16.020 is amended to read as follows: "20.16.020 Uses Requiring Use Permit. The following uses shall be permitted, subject to the securing of a use permit in each case: (a) Community centers, social halls, lodges, clubs, .rest homes, and motels. (b) Recreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting maybe permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. SECTION 8. Section 20.17.015 is amended to read as follows: "20.17.015 Uses Permitted. The following uses shall be permitted in R -4 Districts: (a) Single - family dwellings and duplexes. • (b) Multiple dwellings, apartment houses and dwelling C] groups. (c) Hotels, motels and rooming or boarding houses. (d) Community centers, social halls, lodges and clubs. (e) Temporary structures and uses. regulations are as specified in Section 20.10.015 of General Controls - Residential Districts. (f) Signs in accordance with Chapter 20.06." SECTION 9. Section 20.17.020 is amended to read as follows: "20.17.020 Uses Requiring Use Permit. The following uses shall be permitted subject to first securing a use permit in each case: 9119z 0 C J (a) Professional offices. (b) Hotel and motel restaruants, "on- sale" liquor establishments, and other appurtenant services and retail shops designed primarily for the convenience of the guests of hotels and motels provided that all access shall be from a lobby, patio or courtyard, and further provided, that no advertising be visible from any street.' (c) Redreational establishments, parking lots, institutions, cemeteries, public buildings, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.10.020 of General Controls - Residential Districts. follows: SECTION 10. Section 20.30.015 is amended to read as "20.30.015 Temporary Structures and Uses. A. INTENT AND PURPOSE. The intent and purpose of this Section is to establish procedures whereby the Director of Community Development or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and.regulations of the City. B. TEMPORARY USES AND STRUCTURES NOT TO EXCEED 90 DAYS. The Director of Community Development may authorize the temporary use of structures and land in any Commercial District for a period of time not to exceed 90 days. Prior to approving said temporary use the Director of Community Development shall inform the Planning Commission of his intent -19- • • r, to permit said use and shall take whatever steps or precautions are necessary to assure that said use will be consistent with the purpose and intent of this Section and that said land or building will be restored at such time as the use is terminated. C. TEMPORARY USES AND STRUCTURES IN EXCESS OF 90 DAYS. The Planning Commission may authorize the temporary use of structures and land in any Commercial District for periods of time in excess of 90 days subject to the securing of a use permit in each case. In approving said use permit the Planning Commission may impose whatever conditions they deem necessary to assure that the purpose and intent of this Section is carried out and shall establish a specific point in time when said permit is to be terminated and the site restored. D. EXTENSIONS OF TIME FOR TEMPORARY USES AND STRUCTURES. The Director of Community Development and the Planning Commission may authorize extensions of time subject to the procedures specified above." follows: SECTION 11. Section 20.31.015 is amended to read as "20.31.015 Uses Permitted. The following uses shall be permitted in A -P Districts: (a) Professional offices, business offices, banks, conservatories of art and music, art studios, art galleries, community centers, social halls, lodges and clubs, medical centers, physical, medical and diagnostic laboratories, photography studios, pharmacies for dispensing of drugs and medical supplies only, and other uses which in the opinion of the Planning Commission are of a similar nature. -20- (b) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of • the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and.uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (d) Signs in accordance with Chapter 20.06." SECTION 12. Section 20.32.015 is amended to read as follows: "20.32.015 Uses Permitted. The following uses shall be permitted in C -N Districts: (a) Professional offices, community centers, social ® halls, lodges and clubs. (b) Retail stores and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barbershops, beauty parlors, bookstores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. -21- c e follows: (e) Signs in accordance with Chapter 20.06." SECTION 13. Section 20.32.020 is amended to read as • "20.32.020 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations, drive -in facilities, restaurants and outdoor restaurants. (b) Recreational establishments, institutions, cemeteries, public buildings parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts." SECTION 14. Section 20.33.020 is amended to read as follows: "20.33.020 Permitted Uses. In the C -R District the • following uses shall be permitted: (a) Commercial .uses limited to retail or personal service establishments, handicraft establishments, professional offices and other uses which, in the opinion of the Planning Commission, are of a similar nature. (b) Residential uses only in conjunction with permitted commercial uses. (c) Accessory uses normally incidental to commercial and residential developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district (d)' Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. • (e) Signs in accordance with Chapter 20.06." -22- 0 • • SECTION 15. Section 20.34.015 is amended to read as follows: "20.34.015 Uses Permitted. The following uses shall be permitted in C -0 Districts: (a) Multiple dwellings or apartment houses, hotels, motels, professional offices, clubs. (b) Retail sales, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building, except for boats. (c) Accessory uses normally incidental to uses permitted in the district. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (e) Signs in accordance with Chapter 20.06." SECTION 16. Section 20.34.020 is amended to read as follows: "20.34.020 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of similar nature. (b) Gasoline service stations, drive -in facilities, restaurants and outdoor restaurants. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts." -23- SECTION 17. Section 20.35.015 is amended to read as follows: "20.35.015 Uses Permitted. The following uses shall • be permitted in C -1 Districts: (a) Professional offices, community centers, social halls, lodges and clubs. (b) Retail stores and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barbershops, beauty parlors, bookstores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. (c) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted • in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (d) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (e) Signs in accordance with Chapter 20.06." SECTION 18. Section 20.35.020 is amended to read as follows: "20.35.020 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a use permit in each case: • (a) Animal hospitals, auto sales and repair shops, -24- 0 • C boat sales, gasoline service stations, marine service stations, cleaning establishments, laundries, launderettes, mortuaries, outdoor markets, restaurants, outdoor drive - in and take -out restaurants, drive -in facilities, wholesale stores, outdoor sales establishments, pet shops, public garages, trailer courts, theaters, used car sales lots, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Handicraft enterprises, including the manufacturing and repair of household furnishings, clothing, ceramics, novelties and toys, and uses which in the opinion of the Planning Commission are of a similar nature. uses. (c) Hotels, motels, boarding houses and residential (d) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts." SECTION 19. Section 20.36.020 is amended to read as follows: "20.36.020 Uses Permitted. The following uses shall be permitted in the C -2 Districts: (a) Professional offices; community centers; social halls and clubs. (b) Retail stores; wholesale stores; wholesale bakeries; research laboratories and institutes; laundries and storage within a building. (c) The following uses, when conducted within a building or enclosed by a solid board or masonry fence at -25- • r least six feet in height in each case: Creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; storage of goods and • materials; and other uses which in the opinion of the Planning Commission are of a similar nature. (d) Accessory uses normally incidental to commercial developments, where such uses do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (e) Temporary structures and uses. Regulations are as specified in Section 20.30.015 of General Controls - Commercial Districts. (f) Signs in accordance with Chapter 20.06." SECTION 20. Section 20.36.025 is amended to read • as follows: "20.36.025 Uses Requiring Use Permit.. Uses permitted, subject to first securing a Use Permit in each case: (a) Dry cleaning plants, lumberyards, light manufacturing, including the manufacture and repair of boats, clothing, novelties and toys, gasoline service stations, drive -in facilities, restuarants, outdoor, drive -in and take -out restaurants and uses which in the opinion of the Planning Commission are of a similar nature. (b) Hotels, motels, residential uses, trailer courts and houseboat marinas. (c) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal • of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more particularly in Section 20.30.020 of General Controls - Commercial Districts." -26- SECTION 21. Section 20.40.015(D) is amended to read as follows: "20.40.015 D. TEMPORARY REAL ESTATE STRUCTURES. The • Director of Community Development may approve temporary tract and sales offices for the first sale of structures And /or lots in any district for a period of time not to exceed one year following the recordation of the final subdivision map." SECTION 22. Section 20.41.020 is amended to read as follows: "20.41.020 Uses Permitted. The following uses shall be permitted in the M -1 Districts: (a) Wholesale bakeries; creameries; bottling works; building material yards; contractors yards; fuel yards; machine shops; lumberyards; building and repair of boats; research laboratories and institutes; instrument manufac- • turing; fabrication of plastic products; furniture • upholstering; storage, including storage of cement and lime incidental to a retail or wholesale business; manu- facturing uses; and any other uses which, in the opinion of the Planning Commission are of similar nature, but under the same limitations and restrictions specified in sections governing same. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only'when constructed concurrent with or subsequent to the main building. -27- (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - Industrial Districts. • (d) Signs in accordance with Chapter 20.06." SECTION 23. Section 20.41.025 is amended to read as follows: "20.41.025 Uses Requiring Use Permit. The following uses shall be permitted subject to the securing of a use permit in each case: (a) Gasoline service stations; houseboat marinas; and fish smoking, curing or freezing. (b) Professional offices, restaurants, outdoor, drive -in and take -out restaurants. (c) Commercial uses including but not limited to retail and wholesale stores; cartography; bookbinding; printing; lithography; editorial and designing; laundries; • dry cleaning plants; and any other uses which in the opinion of the Planning Commission are of a similar nature; provided, however,that the following exceptions shall apply to structures and uses which are in existence on the effective date of this section: 1. The lawful use of land or buildings in the M -1 District which do not meet the requirements of this subsection may be continued or changed to a use which would require the same or less on -site parking according to the standards established in Section 20.30.035 without compliance with the requirements of this subsection. 2 Any existing structure may be repaired, altered or remodeled, without complying with the requirements of this subsection. is3. Any existing structure or use may be enlarged by not more than 10% of its original gross area in any one - year period without complying with the requirements of this subsection. IME • • (d) Recreational establishments, institutions, cemeteries, public buildings, parking of automobiles on roofs, removal of earthen materials, heliports and helistops, outdoor lighting may be permitted as specified more. particularly in Section 20.40.020 of General Controls - Industrial Districts." SECTION 24. Section 20.42.020 is amended to read as follows: "20.42.020 Uses Permitted. The following uses shall be permitted in M -1 -A Districts: (a) Administrative and professional offices; resi- dences for watchmen or custodians employed on site; employees cafeterias or auditoriums; research laboratories and institutes; wholesale stores; machine shops; light manufacturing; furniture upholstering; electrical and electronic products and instruments manufacturing; carto- graphy; bookbinding; printing and lithography; fabrication of plastic products; stroage warehouse, excluding inflammable materials and truck terminals; editorial and designing. (b) Accessory uses and buildings where such uses or buildings are incidental to and do not alter the character of the premises in respect to their use for purposes permitted in the district. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building. (c) Temporary structures and uses. Regulations are as specified in Section 20.40.015 of General Controls - Industrial Districts. (d) Signs in accordance with Chapter 20.06." -29- a� n SECTION 25. Section 20.62.040 is amended to read as follows: • "20.62.040 RECREATION AND MARINE COMMERCIAL. It is the intent of this section to implement the General Plan objectives, policies, general land uses and programs for private use of land for that portion of this Specific Plan District area southerly of Coast Highway. All uses and development in this portion of this Specific Plan District shall conform to the provisions of this section. It is further the intent of this section to encourage a continuation of marine - oriented uses; to maintain the marine theme or character of the area; to encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to encourage public physical and visual access to the-bay. . A. USES PERMITTED. 1. Marinas, yacht clubs, yacht brokers, social clubs, commercial recreation, boat sales, marine supply sales, boat repair and servicing, sports fishing establishments, hotels and motels, business and professional offices where marine related services are offered to the general public, and other uses which, in the opinion of the Planning Commission, are of a similar nature. The Planning Commission's decision may be appealed to the City Council. 2. Signs in accordance with Chapter 20.06." SECTION 26. Section 20.62.050 is amended to read as follows: • "20.62.050 RETAIL AND SERVICE COMMERCIAL: It is the intent of this section to implement the General Plan objectives, policies, general land uses and programs, relating -30- • 0 CJ to private use of land, for that portion of this Specific Plan District located northerly of Coast Highway. All uses and development in this portion of this Specific Plan District shall conform to the provisions of this section. It is further the intent of this section to encourage the continuation of "marine- oriented ". uses and the "marine "theme or character of the area; to encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to minimize the number of curb cuts on Coast Highway. A. USES PERMITTED: 1. Retail sales, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, commercial recreation, hotels and motels, and other uses which, in the opinion of the Planning Commission, are of a similar nature. The decision of the Planning Commission may be appealed to the City Council. 2. Signs in accordance with Chapter 20.06." SECTION 27. Section 20.70.060(m) is amended to read as follows: "20.70.060 (m) Signs in accordance with Chapter 20.06." SECTION 28. Section 20.72.100 is amended to.read as follows: "20.72.100 Signs in accordance with Chapter 20.06." -31- SECTION 29. Section 20.12.015 is amended.to read as follows: "20.12.015 Uses Permitted. The following uses shall be permitted in the R -A District: (a) Single - family dwellings. (b) Light farming, except commercial dairies, commercial kennels, commercial rabbit, fox, goat or hog farms, or commercial poultry ranches. (c) Accessory uses normally incidental to a single- family dwelling or light farming. This is not to be construed as permitting any commercial use. (d) Temporary structures and uses. Regulations are as specified in Section 20.10.015 of General Controls - Residential Districts." SECTION 30. This Ordinance shall be published once • in the official newspaper of the City and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of October 1977, and was adopted on 6 1977 the 14th day of November 1977, by the following vote, to wit: • ATTEST: t ity Clerk C ::::NAL AND 0' 6 1977 DATE ......._ ............... �. -- AYES, COUNCILMEN: Dostal, Barrett, Kuehn McInnis, Rogers, Ryckoff, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: None 2� ]U/ or -32- DDO /bc 10 /14 /`lr