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ORDINANCE NO. 960
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH
AMENDING SECTION 8501 OF
AND ADDING SECTIONS
8501.1 AND 8501.2 TO CHAP
TER 5 OF ARTICLE VIII OF
THE NEWPORT BEACH MU
NICIPAL CODE RELATING TO
SIGNS
The City Council of the City of
Newport Beach does ordain as
follows:
SECTION 1. Section 8501 of
the Newport Beach Municipal
Code is amended to read:
"SECTION 8501. Enforcement
(a) Authority. The Building
Official is hereby authorized and
directed to enforce all the pro-
visions of this Chapter.
(b) Right of Entry. No person
shall refuse the Building Offi-
cial or his duly authorized rep-
resentatives permission to enter
any building, structure, or prem-
ises in the City at any reason-
able time to perform any duty
imposed upon him by this Chap-
ter."
SECTION 2. Section 8501.1 is
added to the Newport Beach Mu-
nicipal Code to read:
"SECTION 85011. Board of
Adjustments. (a) Board Estab-
lished. A Board of Adjustments
consisting of three (3) members
is hereby created. The apopoint-
ment and terms of the members
of the Board of Adjustments are
governed by the provisions of
Article VII of the Charter.
(b) Function of Board. The
Board of Adjustments shall have
the authority and duty to per-
form the following functions:
1. To interpret the provisions
of this Chapter at the request of
the Building Official or when a
written appeal from a decision
of the Building Official is filed
with the Board.
2. To issue Exception Permits
.under the procedure hereinafter
provided allowing deviations
from any provision of this Chap.
ter% except:
a. The limitations on the
distance a sign may project
over public property as set out
in Section 8555.
b. The prohibitions against
a sign, signal or device which
imitates or resembles an offi-
cial traffic sign or signal or
attempts to direct the move-
ment of traffic or hides from
view any official traffic sign
or signal.
c. The prohibition against
any device which directs a
beam of light in a flashing se.
quence toward a street or high-
way or any electrical sign or
device that interferes with the
visibility of any official traffic
control device or warning sig-
nal."
SECTION 3. Section 8051.2 is
added to the Newport Beach Mu-
nicipal Code to read:
"SECTION 8501.2. Exception
Permits Procedure. (a) Applica-
tion. Application for an Excep-
tion Permit shall be made by the
property owner or by the lessee
if approved by the property
owner in writing on a form pre.
scribed by the Board of Adjust-
ments, and shall be accompanied
by a fee of Forty Dollars ($40)
if a public hearing is deemed
necessary by the Building Offi-
cial under rules established by
the Board of Adjustments or a
fee of Twenty -five Dollars ($25)
if no public hearing is required.
(b) Public Hearing. No pub.
lie hearing need be held on any
application, provided that the
Board of Adjustments may estab-
lish rules to determine when a
hearing shall be held or may
hold a public hearing on any
application.
When a public hearing is
deemed necessary, notice of such
hearing shall be given by pub-
lication in the official newspaper
of the City and by posting said
notice in not less than two (2)
conspicuous places on or close
to the property at least ten (10)
days prior to the hearing or by
mailing said notice, postage pre-
paid, at least five (5) days prior
ORDINANCE 960 — PAGE 1
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to the hearing to all property
owners whose names and ad-
dresses appear on the latest
adopted tax roll as owning prop-
erty, within a distance of three
hundred (300) feet from the ex-
terior boundaries of applicant's
property.
(c) Action by Board of Ad-
justments. In order to grant an
Excerption Permit the Board must
find that granting such permit is
necessary to protect a substan-
tial property right, will not be
contrary to the purpose of this
Chapter as herein set forth, and
will not be materially detriment.
al to the health, safety, comfort
or general welfare of persons re-
siding in the neighborhood or
detrimental or injurious to prop-
erty or improvements in the
neighborhood or to the general
welfare of the City.
(d) Appeal. In case the ap-
plicant or any other person is
not satisfied with the action of
the Board of Adjustments, he
may within fifteen (15) days ap.
peal in writing to the City
Council.
The City Council shall set a
date for public hearing and give
notice as required in subsection
(b) hereinabove. Notice shall be
given to the Board of Adjust-
ments of such appeal and said
Board shall submit a report to
the City Council setting forth the
reasons for the action taken by
it, or shall be represented at
the hearing.
The City Council shall render
its decision within sixty (60)
days after the filing of such ap-
peal."
SECTION 4. This ordinance
shall be published once in the
official newspaper of the City,
and the same shall be effective
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 27th day of
March, 1961, and was adopted on
the 10th day of April, 1961, by
the following vote, to wit:
AYES, COUNCILMEN:
Kingsley, Atkinson, Cook,
Stoddard, Hart, Lorenz, Som-
ers.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN:
None.
JAMES B. STODDARD,
Mayor
ATTEST:
MARGERY SCHROUDER,
City Clerk
Publish: April 20, 1961
In the Newport Harbor Ensign
ORDINANCE 960 — PAGE 2
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STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH I
1, -..-M-ar.g1e-r.y..S-ch.r-oud - e - r ....................... . .......................... City Clark of the City of Newport
--- ---- I - - --- -- ---- -- ------- -- -
Beach, California, do hereby certify that the foregoing ..... ..... Ordinance
..................................................................
No ........... 960 ................. was
...... duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the - - -- -10th --------- day, of ......... April
...................................... .......... 1961 .. ...
by the following vote:
AYES: COUNCILMEN ------ Kingsley, Atkinson, Cook, Stoddard, Hart,
—1 .................................... .....................................................................................
Lorenz, Somers
....................................................................................................................................................... -----------
NOES: COUNCILMEN ...... None
---------------------------------- .....................................................................................
..............................................................................................................................................................................
None
ABSENT: COUNCILMEN ---- ---------------------------- ..........................................................................
5th May 61
Datedthis------ -- - - - - -- - -- --- ---day of ................................................................................ ------------------ 19--------
NS 130-500 12/56
Clark of the City Council,
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City n E.�;'-76 J.-I"
t' Newport City o Newport Beach. State of California