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Home My WebLink About439 - Residence Building PermitsORDINANCE NO. 489; here nuis AN ORDINANCE ESTABLISH- the ING A RESIDENCE DISTRICT, imm MAKING CERTAIN EXCEP- pros TIONS THERETO, AND GOV- rem ERNING THE ISSUANCE OF the BUILDING PERMITS IN THE shal CITY OF NEWPORT BEACH, shal CALIFORNIA. as r The City Council of the City of Newport Beach, California, does ordain as follows: Section 1. The word "Business" as used in this ordinance, shall mesa the occupation or employ- ment or buying, selling, bartering mad exchanging goods, wares and merchandise or other personal property or real property or any interest therein for profit or live bhood and also the ownership or management of hotels, office loadings, offices and recreational or amusement enterprises, and public and personal services. The word "Industry" as used in this ordinance, shall mean the stor. age, repair, manufacture, prep- aration or treatment of any ar- ticle, substance or commodity ex- cept (1) fish and fish products, 42) wrecked automobiles, junk and waste materials, (3) fireworks or explosives, (4) acids, (5) hides and other artie,es and products, the manufacttre or treatment of which in the judgment of the City Conn- ell would constitute a nuisance in the City of Newport Beach. Section The corporate area K the City of Newport Beach, in- aim4ng such commercial and in. dusu•ial districts as are established In Section 3 hereof, is hereby de- elamd to be a residence district. Any land within said residence dis- trict, as defined herein, may be used for dwellings, churches, pub - he buildings, farming, gardening and nurseries, and the structures and uses accessory thereto. Section 3. For the purpose of establishing and designating com- mercial districts and industrial dis- tricts within the City of Newport Beach, within each of which cer- tain uses of land and buildings will be permitted and other uses pro - hibited, a map has been prepared showing the boundaries of com- mercial and industrial districts. Said map, entitled, "Interim Dis- trict No. 1, City of Newport Beach, California," is hereby adopted and made a part of this ordinance and all districts shown thereon are ap- proved and attested by the iden- tifying signatures of the Mayor and City Clerk and established of- ficially for guidance in the issu- ance of building permits. All no- tations, references and other in- formation shown on said "Interim District Map No. V shall be as i much a part of this ordinance as 1 If fully described herein. Section 4. No permit shall be ] Issued for the erection, alteration, enlargement or moving of any building or structure used or 1n- i tended to be used for business and , Be land, building or premises shall 1 such mov and son, erec alter caul stru, prov TT in s] clusi Se acte. of a ning Bea( U used for business within the (Seal City of Newport Beach, except in Pub. — a Business or Industrial District, as shown upon "Interim District Map No. 1, City of Newport Beach, California." Section 5. No permit shall be Map No. 1, City of Newport Beach California." Section 5. No permit shall ba issued for the erection, alteration enlargement or moving of any building or structure for industry .. and no land, building or promisee shall be used for industrial pur- poses in the City of Newport Beach, except in an Industrial Dis- trict as shown upon "Interim Dis- trict Map No. 1, City of Newport Beach, California." Section 6. The lawful use of land existing at the time of the passage of this ordinance, although such use does not conform to the provisions hereof, may be con- tinued. If such non - conforming use of land is discontinued, any future use of said land shall be in con- formity with the provisions of this ordinance. Section 7. The lawful use of a building existing at the time of the passage of this ordinance may be continued, although such use does not conform with the pro- visions hereof. Any such non -con- forming use of a building existing at the time of the passage of this ordinance may be changed to a similar use and such building may be repaired or reconstructed upon its present site, but in the event of destruction of the building, to seventy -five percent (75%) of its assessed value, any subsequent re- construction thereof or new build- ing erected upon such site shall be used in conformity with the provisions of this ordinance. Section S. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any of the. provisions of this ordinance, shall be guilty of a misdemeanor and upon convic- tion thereof, shall be punishable by a fine of not more than Three Hundred Dollars ($300.00) or by imprisonment in the County Jail of Orange County for a term not exceeding three (3) months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a sep- arate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corpor- ation, and shall be punishable as herein provided. Any building or structure: erect- ed, constructed, converted, altered, or moved to a new location, con- trary to the provisions of this or- dinance shall be and the same is ti hereby declared to be a public nuisance and the City Attorney of LISH- the City of Newport Beach shall 'RICT, immediately commence action or CCEP- proceedings for the abatement and GOV- removal or enjoinment thereof in :E OF the manner provided by law and THE shall take such other steps and PACK, shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and re- 'tty of move such building or structure does and restrain and enjoin any per,- son, firm or corporation from iiness" erecting, constructing, converting, shall altering, adding to, enlarging, or nploy- causing to exist any building, tering structure or thing contrary to the !a and provisions of this ordinance. rsonal The remedies provided for here- ,r any in shall be cumulative and not ex- r live- clusive. ilp or Section 9. This ordinance is an- office acted to maintain the status quo .tional of conditions while the City Plan - and ning Commission of Newport Beach is gathering data and in- sed in formation to be used as a basis of e stor• its final report to the City Council prep- on a comprehensive districting y ar- plan for Newport Beach as auth- :y ex- crized by Chapter 838, Statutes of ducts, 1929. Said Planning Commission is k and directed to prepare and submit ks or said final report to the City Coun- !a and cil on or before July 1st, 1938. , the Section 10. This ordinanceshall which take effect and be in full force Coun- and effect thirty (30) days after ice in its final passage, and approval and shall remain in effect until mid - area night, July 1st, 1938. h, in- Section 11. The Clerk of the d in. City of Newport. Beach is directed lished to cause this ordinance, together y de- with-a copy of the "Interim Dis- atrict. trict Map No. 1, City of Newport e dis- Beach, California,' referred to ,y be herein, to be published one time pub - in the Newport News, which news- ening paper is hereby designated for .tures that purpose. Passed and adopted by the City se of Council of said City of Newport com- Beach and approved by me this I dis- 23rd day of December, 1935. vport HERMANN KILMER, cer- Mayor, City of Newport Beach. s will Attest: pro- FRANK L. RINEHART, .3ared City Clerk. com- State of California ) ricts. County of Orange ) as. Dis- I City of Newport Beach ) each, I, Frank I. Rinehart, City Clerk 1 and of the City of Newport Beach, do and hereby certify that the foregoing a ap- ordinance was Introduced at a idea- regular meeting of the City Coun- :ayor cil of the City of Newport Beach, d of- held on the 2nd day of December, issu- 1935, and was duly passed and 1 no- signed by the Mayor of said City In- at a regular adjourned meeting of .erim said City Council held on the 23rd e as day of December, 1935, by the fol- :e as lowing vote, to-wlt: AYES, Councilmen: Gordon, 11 be Claire, Garfield, Kilmer. .tion, NOES, Councilmen: None. any ABSENT, Councilmen: Ells- in- worth. and Attest: shall FRANK L. RINEHART, the (Seal) City Clerk it In Pub. —Jan. 2, 1938. rict, tract ach, 1 be :ion, INTERIM DISTRICT MAP Ns i OF THE CITY OF NEWPORT BEACH CALIFORNIA MAY 6T" 1935 R.L.PATTERSON CITY ENGINEER LEGEND RESIDENTIAL DISTRICT SHOWN OPEN O BUSINESS DISTRICTS SHOWN IN SOLID DLACK I♦ INDUSTRIAL DISTRICTS SHOWN IN SHADED DLACK VAMA CITY SOUNDAIdY SHOWN THUS - - - - - -- U.&SULKH@AD LINES SHOWN THUS - - -- U.S.PIERHQAD LINES SHOWN THUS - - - - -- SGAL_Er o mo w sos m nos x000 asr dppivwed mid adgo%d dy A$ CI& C~W of Navpw/ Band; Ca/!/ w"Az as pv4 d Ordnexe NY d9Z Moy1 O /935, Afleaf dJ- /% C; /� Ci>'y C /erk ..L.MM,