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Home My WebLink About432 - Building Permits• 9 • • `J ORDINANCE NO. 432 AN ORDINANCE ESTABLIS ING A RESIDENCE Di TRICT, MAKING CERTAI EXCEPTIONS THERE T AND GOVERNING THE I SUANCE OF BUILDING PE MITS IN THE CITY OF NEV PORT BEACH, CALIFORNIA The City Council of the City - Newport Beach. California, do o dain as follows: Section 1. The word "Business as used in this ordinance, sh .mean the occupation or emplo ment or buying, selling, barterin and exchanging goods, wares a merchandise or other personal pr party or real property or an interest therein for profit or livel hood and also the ownership management of hotels offic buildings, offices and recreation ,or amusement enterprises. an ,public and personal services. The word "Industry" as use In this ordinance, shall mean th storage, repair, manufacture, pre paration or treatment of an article, substance or commodit except (1) fish and fish products Q2) wrecked automobiles, jun and waste materials, (3) fire works or explosives, (4) acids (5) hides and other articles an Products. the manufacture o treatment of which in the judg ment of the City Council would constitute a nuisance. in the City of Newport Beach, Section 2. The corporate are Of the- City of Newport Beach, California, including such com- mercial and industrial districts as are established in Section 3 here- of, 18 hereby declared to be a re .aidence district. Any land within said residence district, as defined herein, may be used for dwellings, 'Churches, public buildings, farm- ing, gardening and nurseries and the structures and uses accessory thereto. Section 3. For the purpose of establishing and designating com- mercial districts and industrial districts within the City of New- port Beach, within each of which certain uses of land and buildings will be permitted and other uses prohibited, a map has been pre - ..pared showing the boundaries of commercial and' industrial dis- tricts. Said map, entitled, "In- terim District Map No. 1, City Of Newport Beach, California," is hereby adopted and made a part ,of this ordinance and all districts shown thereon are approved and attested by the Identifying signa- tures of the Mayor and City Clerk and established offically for guld- ance in the issuance of building Permits. All notations, references and other information shown on said "Interim District Map No. 1" shall be as much a part of this ordinance as if fully described herein. Section 4. No permit shall be Issued for the erection, alteration,) enlargement or moving of any .; building or structure used or in- -tended to be used for business and no land, building or prem!sea shall be used for business within the City of Newport Beach except i. a Business or Industrial District H as shown upon "Interim District S Map No. 1, City of Newport Beach N California." O Section 5. No permit shall be S issued for the erection, alteration R enlargement or moving of an building or structure for industry and no land, building or pre- ' miser shall be used for industrial of purposes in the City of Newport r- Beach, except in an Industrial District as shown upon "Interim ., District Map No. 1, City of New- ell port Beach, California." _ Section 6. The lawful use of Y land existing at the time of the g passage of this ordinance, al- nd though such use does not cbnferm pro to the provisions hereof, may be _ con- inued. If such non- conform- t big use of land is- discontinued, Oa any future use of said land shall e be in conformity with the pro al d visions of this ordinance. Sectlon 7. The lawful use of a building existing at the time of d the passage of this ordinance may e be continued, although such use Y does not conform with the pro, y t:sions hereof. Any such non- conforming use of a building ex- isting at the time of the passage of this ordinance may be changed to a similar use and such build- s ing may be repaired or recon- structed upon its present site, but r in the event of destruction of the building to seventy -five percent (75 %) of its assessed value, any subsequent reconstruction thereof a- or new building erected upon such site shall be used m Nnformitq with the provisions of this or- dinance. Section 8. Any person, firm or corporation, whether as principal. agent, employee or' otherwise, violating any of the provisions of this ordinance shall be guilty of a misdeameanor, and upon convic- tion thereof shall be punishable by a fine of not more than Three Hundrer Dollars ($300) or by im- prisonment in the County Jail of Orange County for a term not ex- ceeding three (3) months or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a sep- arate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permit- ted by such person, firm or cor- poration, and shall be punishable as herein provided. Any building or structure erect- ed, constructed, converted, altered, or moved to a new location con- trary to the provisions of this or- dinance shall be and the same is hereby declared to be a public nuisance and the City Attorney of the City of Newport .Beach shall immediately commence ac- tion or proceedings for the abate- ment and removal or enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will a- bate and remove such building or structure and restrain and enjoin any person, firm or corporation from erecting, constructing, con- 3 verting, altering, adding to, enu larging, or causing to exist any building, structure Or thing con- , trary to the provisions of this or, dinance. The remedies provided for here- in shall be cumulative and not y exclusive. Sectlon 9. This ordinance is enacted to maintain the status quo of conditions while the City Plan- ning Commission of Newport Beach is gathering data and in- formation to be used as it basis Of its final report to the City Council on a comprehensive dis- tricting plats fbr Newport Beach as authorized by Chapter 838; Statutes of 1929. Said Planning Commission is directed to pre- pare and submit said final report to the City Council on or before December 1st, 1935, Section 10. This ordinance shall take effect and be in full force and effect thirty (30) days after its final passage and "ap- proval and shall remain in effect until midnight. December 31st, 1935. Section 11. The CIerk of the City of Newport Beach is direct- ad to cause this ordinance, to- gether with a Copy of the "In- terim District Map No. 1, City of Newport Beach, California," referred to herein, to be publish- ed one time in the Newport News., which newspaper is hereby de- signed for that purpose. Passed and adopted by the City Council of the said City of New= port Beach and approved by me this 20th day of May. 1935. HER,MANN FIILMER. Mayor, City of Newport Beach, ATTEST: Frank L. Rinehart. City Clerk. State of California ) County of Orange ) City of Newport Beach ) Ss I, Frank L. Rinehart, City Clerk of the City bf Newport Beach_ do hereby certify that the foregoing ordinance was introduc- ed at a regular meeting of the City Council of the City of New- port Beach, held on the 6th day of May, 1935. and was duly passed and signed by the Mayor of said City at aregular adjourned meet- ing of the said Council, held on the 20th day of May, 1935. by the following vote, to -wit: (Seal) AYES, COUNCILMEN: Gor- don, Claire, Ellsworth, Garfield; Hilmer. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN 1 None, ATTEST: Frank L. Rinehart, City Clerk,