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Ordinance No. 1076345 ORDINANCE NO. 1076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA AMENDING SECTIONS 5.25.180 THROUGH 5.25.250 OF SECTION 25, ARTICLE 5 OF THE CYPRESS ZONING ORDINANCE (APPENDIX "A" OF THE CYPRESS CITY CODE), (DELETING THE PROVISIONS FOR A NONCONFORMING USES HEARING BOARD AND ESTABLISHING A ZONING ADMINISTRATOR IN ITS PLACE). WHEREAS, the City Council of the City of Cypress recognizes that an efficient and effective method to address issues regarding nonconforming uses and structures is necessary for the successful provision of services to the public; and WHEREAS, the City Council of the City of Cypress desires to amend Sections 5.25.180 through 5.25.250 of the Cypress Zoning Ordinance in order to more efficiently provide those services; NOW, THEREFORE, the City Council of the City of Cypress hereby ordains as follows: Section 1: That Sections 5.25.180 through 5.25.250 of the Cypress Zoning Code are hereby amended to read as follows: 5.25.180 — Purpose of Abatement Procedures for Nonconforming Structures A. Procedures for abatement of nonconformities. The provisions of this Subsection are established to identify procedures for the abatement of uses, structures, screening, signs, and antennas deemed to be nonconforming. B. Zoning Administrator established. A Zoning Administrator is hereby established for the purpose of considering City action to declare a use, structure, screening, sign, or antenna to be nonconforming and to establish abatement procedures consistent with the provisions of this Section. The Zoning Administrator shall be the Community Development Director or the Director's designee. 5.25.190 — Notice Required A. Noticing by Director. Upon determination by the Director that the provisions in this Section apply to a given parcel of land, the Director shall send a notice regarding the parcel by a method guaranteeing certification of delivery to the owner of the parcel, as shown on the County's latest equalized assessment roll. The Director shall post the property with a similar notice and shall publish the notice at least once in a newspaper of general circulation. Should the certified notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed by regular first —class mail, with postage thereon fully paid, to the property owner shown on the County's latest equalized assessment roll. B. Content of required notice. The notice required in Subsection A., above shall state that the property in question is a nonconformity, shall state the date of abatement established in either Subsections 5.25.090 (Nonconforming Uses — Abatement) or 5.25.140 (Nonconforming Structures — Abatement), above, shall state that a hearing will be held before the Zoning Administrator and shall state the date of the hearing. 5.25.200 — Hearing Required A. Hearing within 60 days. Within 60 days after the issuance of the notice prescribed in Subsection 5.25.190 (Notice Required), above, the Zoning Administrator shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted in compliance 346 with Subsection 5.25.240 (Extension of Time), below. Notice shall be given to all property owners in compliance with Section 26 (Public Hearings). B. Receipt of written and oral testimony. The Zoning Administrator shall receive written and oral testimony at the hearing with regard to abatement or elimination of the nonconformity in compliance with the hearing procedures identified in Section 26 (Public Hearings). C. Determinations by Zoning Administrator 1. At the close of the public hearing, the Zoning Administrator shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize their investment in the term for abatement in compliance with Subsections 5.25.090 (Abatement of Nonconforming Uses) and 5.25.140 (Abatement of Nonconforming Structures), above, and if not, what term for abatement should be provided. The Zoning Administrator shall base the decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest Federal income tax return. 2. The Zoning Administrator shall also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose allowed by the zoning district in which it is located. 5.25.210 — Findings and Decision A. The decision shall be in the form of a written order. The decision of the Zoning Administrator and the findings in support of the decision shall be in the form of a written order and shall be served to the property owner personally or by a method guaranteeing proof of delivery within 10 days after the decision is rendered. B. Required findings. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for alteration, continuance, or expansion of the nonconformity of the subject property requires a deviation from the development standards of this Zoning Ordinance. 5.25.220 — Rights of Appeal A. Bogs decision may be appealed. The decision of the Zoning Administrator may be appealed to the Council in compliance with Section 27 (Appeals). Any appeal timely filed shall be set for hearing in compliance with Section 27. B. Action of Council on appeal. The Council shall conduct the hearing in compliance with Section 26 (Public Hearings) and may act to uphold, reverse, or amend any decision of the Zoning Administrator. The decision of the Council shall be final and conclusive. C. Mailing of notice after appeal. Notice of the Council's decision shall be mailed to the property owner or any other appellant within 10 days of the Council's decision. 5.25.230 — Recordation of Order After the conclusion of all appeals or, if no appeal is filed, after expiration of the appeal period, the City Clerk shall cause notice of the decision to be recorded with the County Recorder. The notice shall consist of a notice of zoning violation. 5.25.240 — Extension of Time The Zoning Administrator or the Council on appeal, at its discretion, may grant an extension of time for the abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner. 5.25.250 — Relocation In the event the Zoning Administrator, or the Council on appeal, finds that a structure occupied by a nonconforming use, either in its present condition or as modified, can be used, if the alterations occur for a use allowed in the subject zoning district, the nonconforming use may be granted an extension sufficient to permit it to relocate at a site where the use is allowed and which has substantially equivalent utility for the use. In no event shall the extension be for more than a total of 24 months. Section 2. Severability. The City Council of the City of Cypress hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 3. Savings Clause. Neither the adoption of this ordinance nor the repeal or renumbering of any other ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 4. Publication. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) full days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation and shall post the same at City Hall, the Police Department and the Community Center. FIRST READING at a regular meeting of the City Council of said City held on the 8`h day of May, 2006, and finally adopted and order posted at a regular meeting held on the 22nd day May, 2006. ATTEST: CLERK OF TIC OF CYPRESS MAYO' OF HE CITY OF CYPRESS 347 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, JILL R. INGRAM, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing was duly adopted at a regularly scheduled meeting of said City Council held on the 22nd day of May, 2006, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McGill Y CLERK OF THE C OF CYPRESS 348