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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