Newport Beach, CA Outdoor Cooking: BBQ & Propane Rules (2026)

Subsection (D)(8) of the setback exceptions section treats freestanding fireplaces and barbecues as a distinct encroachment category from the fireplaces and chimneys attached to the house. In the front setback area, a freestanding gas fireplace or barbecue may encroach as long as it stands no taller than 42 inches, not counting the hood, and the combined length of the barbecue and any attached counter does not exceed six feet; the rule specifies gas-fueled units only, so a wood-burning fire pit or charcoal barbecue does not qualify for this front-yard allowance.

Along the side or rear setback, the height limit relaxes to six feet, but the Zoning Code adds a clearance requirement instead: a minimum 36-inch-wide clear path of travel must be maintained next to any habitable structure, so the grill cannot block an exit route or a walkway between buildings. These freestanding units are separate from attached barbecues and fireplaces under subsection (D)(7), which lets a unit under nine feet wide attached to the house project up to two feet into a front or rear setback that is at least 10 feet deep, or 30 inches into a side setback kept at least 24 inches off the property line.

None of these encroachment allowances apply within the Bluff Overlay District or in a rear setback abutting an alley, where ground-level improvements are barred outright, and a barbecue built into a waterfront patio along Newport Bay or the ocean is separately capped at 42 inches above grade under the waterfront encroachment rule in subsection (D)(1)(d).